Agenda, regular meeting, first session — Del Mar City Council, October 3, 2022 (part 1 of 2)

Table of Contents
2022-10-3 Regular Meeting Agenda
Item 2 - Minutes
Item 3 - List of Demands
Item 5 - AB361 Remote Meetings - Agenda Report
Item 6 - Parks & Rec Appointment
Item 7 - Kleinfelder Fifth Amendment
Item 8 - Western State Contract Award for Tot Lot
Item 9 - 2022 Building Code Update
Item 10 - 2022 Fire Code Update
Item 11 - DMR New Fire Engine
Item 12 - METRO JPA Appointment
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14 32
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Del Mar City Council Meeting Agenda

VIA TELECONFERENCE ONLY
1050 Camino del Mar, Del Mar, California
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.

Remote Regular Meeting

VIA TELECONFERENCE ONLY
Monday, October 3, 2022 at 4:30 PM
In the interest of public health, and consistent with the provisions of Assembly Bill 361 (AB 361) and related resolutions adopted by the Del Mar City Council, the City of Del Mar is temporarily taking actions to mitigate the COVID-19 pandemic by holding City Council Meetings electronically or by teleconference. This is not an in-person meeting.

Public Participation/Comment
Members of the public can participate in the meeting by either submitting a written red dot comment via email to
[email protected] or by speaking live using the Zoom link and/or dial-in information provided below. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on. Those wishing to comment live should join the Zoom meeting when the item(s) they wish to speak on is announced or at the meeting start time for items not on the agenda.

Zoom Link: https://us02web.zoom.us/j/84790910014
Phone: (669) 900-6833
Meeting ID: 847 9091 0014
While registration is not required, staff recommends members of the public submit an optional tele-comment request form (www.delmar.ca.us/telecomment) to assist with speaker
management during the meeting. For more information please visit: www.delmar.ca.us/publiccomment.

Viewing the Meeting and Access to Agenda Materials
Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM.

Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website: http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at City Hall and the Del Mar Library during their business hours.

Special Needs: In compliance with the Americans with Disabilities Act, if you need special assistance to participate remotely in this meeting, please contact the Administrative Services Department via email at [email protected] or by calling (858) 755-9313, preferably at least 48 hours in advance of the meeting if possible.

Dwight Worden
Mayor
Tracy Martinez
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dan Quirk
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting October 3, 2022
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Public oral communications will take place shortly after the start of the meeting. Those wishing to comment on any matter not on the agenda may join the meeting at 4:30 PM using the Zoom link and dial-in information: https://us02web.zoom.us/j/84790910014; Phone: (669) 900-6833; Meeting ID: 847 9091 0014.

V. CITY COUNCIL COMMENTS
VI. COMMUNITY ANNOUNCEMENTS
VII. CITY MANAGER’S REPORT
VIII. PRESENTATIONS

1. Overview of Del Mar Dog Leash Regulations
Recommended Action: Receive a presentation from Community Services Director/Lifeguard Chief Jon Edelbrock.

Reference: Clerk’s File No. 1101-1, 1102-1,1404-1
IX. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council, staff, or the public so requests, in which event, the item will be considered separately.

2. Approval of Minutes: September 19, 2022 Regular Meeting Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

3. Ratification of List of Demands, dated October 3, 2022 Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting October 3, 2022
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

4. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.

Reference: Clerk’s File No. 401-4

5. Continuation of Remote Public Meetings in Compliance with Government Code Section 54953 (Assembly Bill 361)
Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) making the finding required by Government Code 54953 related to Assembly Bill 361 (AB 361) to continue with remote public meetings for the next thirty (30) days during the local emergency declared in response to the COVID-19 pandemic.

Reference: Clerk’s File No. 401-7

6. Parks and Recreation Committee Appointment
Recommended Action: The City Council Liaisons to the Parks and Recreation Committee recommend that the City Council appoint Marco Bruderer-Schwab as a voting member to the Committee to serve a full three-year term starting October 3, 2022, and ending on October 31, 2025.

Reference: Clerk’s File No. 401-5

7. Fifth Amendment to the Professional Services Agreement with Kleinfelder, Inc. for the Camino del Mar Bridge Project
Recommended Action: Staff recommends that the City Council: 1) Approve the Fifth Amendment (Attachment A) to the Professional Services Agreement with Kleinfelder, Inc. (Kleinfelder) for preliminary engineering and project approval/environmental documentation for the Camino del Mar Bridge Project; and 2) Authorize the City Manager to execute the Fifth Amendment.

Reference: Clerk’s File No. 406-1, 803-3

8. Construction Contract with Western State Builders, Inc. for the Powerhouse Park Tot Lot Renovation Project
Recommended Action: Staff recommends that the City Council: 1) Award a construction contract (Attachment A) for the Powerhouse Park Tot Lot Renovation Project to Western State Builders, Inc.; and 2) Authorize the City Manager to execute the contract.

Reference: Clerk’s File No. 406-1
Del Mar City Council Regular Meeting October 3, 2022
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us X. PUBLIC HEARINGS

9. Adoption of the 2022 California Building Code and Local Amendments

Recommended Action: Staff recommends the City Council introduce an Ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapter

23.12 to adopt the current California Building Code, 2022 Edition, and continue to apply various locally adopted amendments thereto as necessary to reflect Del Mar’s unique characteristics and approach to design and development review.

Reference: Clerk’s File No. 401-4, 401-9, 801-4

10. Adoption of the 2022 Fire Code
Recommended Action: Staff recommends the City Council introduce an Ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapter

10.04 to adopt the 2022 California Fire Code.

Reference: Clerk’s File No. 401-4, 401-9, 1101-8
XI. COUNCIL MEETING RECESS
XII. CITY COUNCIL OTHER BUSINESS

11. Purchase of a Fire Engine for the Del Mar Fire Department

Recommended Action: Staff recommends the City Council: 1) Adopt a Resolution (Attachment A) approving the sole source purchase of a fire engine; 2) Authorize the City Manager to execute the necessary paperwork to facilitate the purchase; and 3) Amend the Fiscal Year 2022-23 Operating and Capital Budget.

Reference: Clerk’s File No. 601-5, 1101-8

12. Appointment of a Del Mar Council Alternate to the Metropolitan (METRO) Wastewater Commission Joint Powers Authority (JPA)
Recommended Action: Staff recommends that the City Council appoint an alternate Council representative to the METRO JPA Commission.

Reference: Clerk’s File No. 401-1, 1506-19
XIII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.

Del Mar City Council Regular Meeting October 3, 2022
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us A. 22nd District Agricultural Association Community Relations Committee (Gaasterland/Martinez)
B. Clean Energy Alliance JPA (CEA) Board of Directors (Druker/Worden) C. CSA-17 Ambulance District Advisory Board (Martinez/Druker) D. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Druker/Martinez) E. League of California Cities – San Diego Chapter (Worden/Martinez) F. North County Transit District (NCTD) (Quirk/Gaasterland/Druker) G. Regional Solid Waste Association (Worden/Quirk)
H. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Druker/Quirk)
I. SANDAG Borders Committee (Druker)
J. SANDAG Regional Planning Committee (Gaasterland)
K. SANDAG Shoreline Preservation Working Group (Worden/Gaasterland) L. San Diego Metropolitan Wastewater Commission/JPA (Quirk/Bride) M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
N. Other Regional Organization Reports
XIV. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.

A. Ad-Hoc Referendum Subcommittee (Gaasterland/Druker)
B. Arts Advisory Committee (Druker/Worden)
C. Clean Water Rate Project (Druker, Quirk)
D. Del Mar Community Connections (Martinez/Quirk)
E. Del Mar Village Association (Druker/Quirk)
F. Finance Committee (Gaasterland/Quirk)
G. Housing Subcommittee (Gaasterland/Martinez)
H. Human Resources Subcommittee (Druker/Worden)
I. Legislative Subcommittee (Gaasterland/Druker)
J. Long-Term Rail Relocation Subcommittee (Gaasterland/Druker) K. Measure Q Citizen Oversight Committee (Druker/Quirk) L. Parks and Recreation Committee (Druker/Worden)
M. Planning Process Subcommittee (Druker/Gaasterland)
N. Safe Rail Crossing and Bluff Stabilization Subcommittee (Gaasterland/Druker) O. Lagoon Committee (Quirk/Worden)
P. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
Q. Shores Advisory Committee (Gaasterland/Martinez)
R. Solid Waste Procurement Services Ad-Hoc Subcommittee (Quirk/Worden) S. Sustainability Advisory Committee (DrukerWorden)
T. Traffic and Parking Advisory Committee (Martinez/Worden) U. Undergrounding Project Advisory Committee (Gaasterland/Quirk) V. Other Committee-Subcommittee Reports
Del Mar City Council Regular Meeting October 3, 2022
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.

October 17, 2022
Award of Agreement for As-Needed Economic and Fiscal Analysis Award of Agreement for As-Needed Geotechnical Services
Award of Agreement for Portable Restroom Services
Amendments to Agreements for As-Needed Construction Management; Surveying; and Fats, Oil, and Grease Program Services
Proposed Amendment to the Civic Center Operations and Special Events Plan Mayor's Monarch Pledge Resolution
Award of Agreement for Business License Services
Task Order for Psomas to Design 2023 Water, Wastewater, Paving Project Planning and Engineering Fee Schedule Administrative Update De Novo Hearing of TVS21-002
Consideration of Credit Card Processing Fee Agreement (Tentative) Building Electrification Ordinance – Sustainability Advisory Committee Initial Consideration of EP22-064 Denial
Consideration of Whether to Continue with Remote Public Meetings XVI. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 29th day of September, 2022, at approximately 1:15 p.m.
___________________________________________ 9/29/2022
Sarah Krietor, Administrative Services Manager/ Date
City Clerk

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 19, 2022– VIA TELECONFERENCE ONLY
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.

CALL TO ORDER
Mayor Worden called the Regular Meeting to order at 4:30 p.m.

ROLL CALL

Present: Mayor Dwight Worden; Deputy Mayor Tracy Martinez; Councilmembers Dave Druker, Terry Gaasterland, and Dan Quirk

CITY ATTORNEY CLOSED SESSION REPORT
There was no closed session on September 19, 2022.

PLEDGE OF ALLEGIANCE
Deputy Mayor Martinez led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
None.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Gaasterland requested a staff presentation regarding the City’s dog off leash regulation at City beaches. City Manager Ashley Jones confirmed staff will provide a presentation at a future meeting.

Mayor Worden reported that he signed the Anti-Defamation League and U.S. Conference of Mayors Resolution to combat hate and extremism and will submit a copy to the City Clerk; updated the Council that the Monarch Pledge to save the Monarch butterflies will delay installation of a pollination garden at the Civic Center due to the hot whether; Del Mar Foundation annual picnic to be held on September 25, 2022; Del Mar Community Connection’s annual fund raising gala on Saturday October 5, 2022; 2022 Surf Dog Surf-A-Thon held at Del Mar North Beach (Dog Beach) on September 18, 2022; and provided an update on the Scripps Institute of Oceanography at UC San Diego’s Del Mar bluff pilot program made possible by Assembly Bill AB 66 Early Warning System for Bluff Collapse Research Study drafted by Assembly member Tasha Boerner Horvath.

CITY MANAGER’S REPORT
City Manager Jones turned it over to Administrative Services Manager/City Clerk Sarah Krietor to provide an update on the November 2022 election including voting options; Candidate Forum moderated by the League of Women Voters on October 10, 2022; and the City’s campaign sign regulations. 1 October 3, 2022 Item 02
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PRESENTATIONS
ITEM 1: UPDATE FROM CLEAN ENERGY ALLIANCE CEO BARBARA BOSWELL (CLERK’S FILE NO. 1001-3, 1403-4)
A presentation was provided by Clean Energy Alliance (CEA) CEO Barbara Boswell. Councilmember Druker, Del Mar representative to CEA, commented on CEA’s growth and new member agencies.

City Council questions focused on CEA’s response to the recent heat wave; clarification that CEA rates do not increase due to flex alerts and black out conditions; whether battery storage in the State assisted with preventing outages; clarification on CEA power sources; public resources to review CEAs power sources including the CEA’s 2021 Power Content Label; whether CEA’s power can come from out of state sources; clarification on the number of customers who are on 100% renewable (Green Impact); whether there is an option for homes with solar to have 100% renewable (Green Impact) for the evening hours only; percentage of CEA customers who have solar; and whether CEA could handle 100% of customers opting into the Green Impact 100% renewable program.

Interim Assistant City Manager Clem Brown added that City accounts are operating on 100% renewable (Green Impact) option based on a prior City Council decision to lead by example.

There were no public speakers for the item.

ITEM 2: SDG&E RECONFIGURATION PHASE 2 AND 3 UPDATE (CLERK’S FILE NO. 1001-2, 1002-3)
City Manager Jones introduced the item. SDG&E Public Affairs Liaison Joe Gabaldon introduced SDG&E staff. A presentation regarding the SDG&E Phase 2 and 3 Reconfiguration Project was provided by SDG&E Project Manager Todd Voorhees and SDG&E Senior Project Affairs Manager Jennifer Ramp was available to answer questions.

City Council questions focused on traffic control measures and traffic delays associated with Phase 2 and 3 of the Reconfiguration Project; whether construction in Phase 2 will be done during the day or evening; clarification on the poles remaining after the Reconfiguration Project is complete; confirmation that the transmission lines will be either undergrounded or removed from service; and whether the City considered undergrounding the poles associated with the Reconfiguration Project.

There were no public speakers for the item.

CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 3 THROUGH 9. (VOTE 5-0) Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.
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ITEM 3: APPROVAL OF MINUTES: SEPTEMBER 6, 2022 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 4: RATIFICATION OF LIST OF DEMANDS, DATED SEPTEMBER 19, 2022 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

ITEM 5: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.

ITEM 6: SUSTAINABILITY ADVISORY COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401- 5)
Council questions focused on the number of applications received.

Council appointed Jennifer Anderson to the Sustainability Advisory Committee as a voting member to serve the balance of a vacant term effective September 19, 2022, and ending on July 31, 2025, on consent.

ITEM 7: ACCEPTANCE OF 2021 STATE HOMELAND SECURITY PROGRAM GRANT FUNDS (CLERK’S FILE NO. 201-13)
Council accepted $7,234 in grant funds from the 2021 State Homeland Security Program (SHSP) for the purchase of structural firefighting turnouts for the Del Mar Fire Department; authorized the City Manager to execute the necessary grant documents; and authorized the budget adjustments identified in the Fiscal Impact section of the agenda report, on consent.

ITEM 8: ACCEPTANCE OF STATE GRANT FUNDS FOR DEL MAR LIBRARY IMPROVEMENTS (CLERK’S FILE NO. 201-13, 1503-13)
Council adopted Resolution 2022-59, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DEL MAR, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF BUILDING

FORWARD LIBRARY INFRASTRUCTURE PROGRAM GRANT FUNDS FROM THE STATE OF CALIFORNIA FOR THE DEL MAR LIBRARY IMPROVEMENTS PROJECT”; authorized the City Manager to execute the necessary grant documents; and authorized the budget adjustments included in the Fiscal Impact section of the agenda report, on consent.

ITEM 9: RELOCATION OF BABY BOOMERS GOOGLE SCULPTURE (CLERK’S FILE NO. 1202-5)
Council expressed appreciation to the artist for the donation of the art and for working collaboratively with City staff, Del Mar Foundation, and Arts Advisory Committee to relocate the sculpture.
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Council approved the relocation of the Baby Boomers Google Sculpture from the art bench on the Camino del Mar sidewalk in front of the Del Mar Library to the cement planter on the west side of the Library’s 13th Street entrance, on consent.

PUBLIC HEARING
ITEM 10: UTILITY UNDERGROUNDING PROJECT UPDATE AND ADOPTION OF A RESOLUTION ESTABLISHING THE TEWA COURT/10TH STREET UTILITY UNDERGROUND DISTRICT OVERHEAD FACILITIES REMOVAL DATE (CLERK’S FILE NO. 1001-2)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Public Works Director Joe Bride. Project consultants Duane Stroobosscher from Utility Specialists Southwest, Inc. and Bridget Black from KCM Group were available to answer questions.

Council questions focused on the number of parcels included in project X1A and 1A; clarification on existing street conditions prior to the start of work; clarification on the white lateral pipes shown in the PowerPoint presentation and whether contractors have to hand dig around them; feedback on the process and challenges to coordinate with Spectrum and other cable companies to remove their wires; cause of the water main line break on 10th Street and rational for not completing detailed plans of the utilities in the street; lessons learned from the Tewa project; supply chain issues and associated cost increases; plan for replacing the façade on the Tewa court retaining wall; whether the City was able to obtain unit prices for work like trenching to effectively estimate costs for future undergrounding projects; timing for Councilmembers Gaasterland and Quirk to return to the City Council with an updated charter and/or recommendation related to the Undergrounding Project Advisory Committee (UPAC); and whether the City can hold a final pole removal or ribbon cutting ceremony for completion of the project.

Mayor Worden opened the item to public comment and Joe Gabaldon with SDG&E spoke. Mayor Worden closed the item to public comment.

Council discussion focused on desire to communicate proactively with residents; support for the project; complexities associated with coordinating undergrounding projects with SDG&E, AT&T and Spectrum; desire to improve communications and spend more time with the residents to review the details in easement documents; challenges associated with the City taking over a project that was previously designed by undergrounding area residents; importance of doing a small project as a pilot project prior undertaking larger projects like 1A and X1A; importance of the City completing comprehensive civil engineering plans for future projects; desire to increase communication with residents; 1A may require California Coastal Commission (CCC) and California Environmental Quality ACT (CEQA) review and desire to ensure that the City takes all the proper steps towards completing the project; costs associated with the water main break; appreciation to staff and the City’s consultants for their work on the Project; importance of the lessons learned; and desire to maintain credibility with community by not cutting corners with the planning, design, communications and construction management on future undergrounding projects.

IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER DRUKER TO ADOPT REVISED RESOLUTION 2022-61, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DEL MAR, CALIFORNIA, FIXING THE TIMES FOR PROPERTIES TO BE READY

TO RECEIVE UNDERGROUND SERVICE AND FOR REMOVAL OF OVERHEAD FACILITIES WITHIN THE TEWA COURT/10TH STREET UNDERGROUND UTILITY DISTRICT”, WITH THE DATE CHANGED FOR REMOVAL OF OVERHEAD FACILITIES FROM DECEMBER 31, 2022 TO JANUARY 4 October 3, 2022 Item 02
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31, 2023; TYPO CORRECTED FOR THIRD RESOLVE CLAUSE IN RESOLUTION AND OTHER AMENDMENTS PER RED DOT. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.

ITEM 11: ENCROACHMENT PERMIT EP22-067 – REQUEST TO CONSTRUCT FENCING AND AN ENTRYWAY STRUCTURE WITHIN THE PUBLIC RIGHT-OF-WAY AT 1128 CUCHARA DRIVE (APPLICANT: VLADIMIR NOVAKOVIC) (CLERK’S FILE NO. 802-1) City Attorney Devaney asked for Council disclosures. Mayor Worden, Deputy Mayor Martinez, Councilmembers Gaasterland and Quirk had no disclosures. Councilmember Druker disclosed that he drove by the property.

An introduction to the item was provided by City Manager Jones. A presentation was provided by Assistant Planner Madeline Shute with Principal Planner Matt Bator available to answer questions.

Council questions focused on clarifying the language for finding #6 in Del Mar Municipal Code Chapter

23.28.070; clarification that no prior encroachment permit for the previous fence has been located; timing and scope of the full project; whether there is a photo of the previous wood fence; whether the remodel of the primary dwelling unit had gone to the Design Review Board (DRB) or an Administrative Design Review Process; whether the fence was previously reviewed as part of the Design Review process; clarification on the Accessory Dwelling Unit under construction on the property; whether the fence associated with EP22-067 is legally required for the pool and clarification that the pool fence and balcony application will go to the DRB at a future DRB Meeting; There were no public speakers for the item.

Council discussion focused on support for the staff recommendation and clarification that the applicant could submit a separate encroachment permit application for the gate only.

IT WAS MOVED BY COUNCILMEMBER QUIRK, SECONDED BY COUNCILMEMBER GAASTERLAND TO ADOPT RESOLUTION 2022-60, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, DENYING ENCROACHMENT PERMIT EP22-067

REQUESTING CONSTRUCTION OF FENCING AND AN ENTRYWAY STRUCTURE WITHIN THE PUBLIC RIGHT-OF-WAY ADJACENT TO 1128 CUCHARA DRIVE IN DEL MAR, CALIFORNIA”, BASED ON FINDINGS 1 AND 6. (VOTE 5-0)
Ayes: Mayor Worden, Deputy Mayor Martinez, and Councilmembers Druker, Gaasterland and Quirk; Noes: 0; Absent: 0; Abstain: 0.

CITY COUNCIL OTHER BUSINESS
ITEM 12: INITIAL CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION ON TREES, SCENIC VIEWS, AND SUNLIGHT APPLICATION TVS21-002 TVS APPLICANT/APPELLANT: MICHAEL AND ANGELA
DEFTOS APPLICANT’S ADDRESS: 225 TORREY PINES

TERRACE
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TREE OWNERS: HARVEY AND SHERYL WHITE
TREE OWNERS ADDRESS: 473 OCEAN VIEW AVENUE
(CLERK’S FILE NO. 301-3, 301-12, 1403-7)
City Attorney Leslie Devaney provided an overview of the initial consideration process. A presentation was provided by Associate Planner Adriana Jaramishian.

Councilmember Quirk disclosed that he spoke with the tree owner Sheryl White. Deputy Mayor Martinez and Councilmember Gaasterland had no disclosures. Mayor Worden disclosed that he was the City Attorney when the Carmel Valley Specific plan was adopted and that he had visited the property.

Councilmember Druker disclosed that he had visited the property in the past and has spoken with Linda Deftos and the tree owner Sheryl White.

Council questions focused on the timing for updating the City’s Trees, Scenic View and Sunlight ordinance and potential interim work to be done in collaboration by staff and Deputy Mayor Martinez and Councilmember Gaasterland; when tree #1 was planted; trimming period for a Torrey Pines tree; whether Council has the option to remand the item to the Planning Commission this evening; and whether photos exist from before and after the recent limb loss.

Associate Planner Jaramishian shared photos of the tree before and after the limb loss. The appellant and tree owner’s representatives were each allowed one minute to respond to the photos.

Appellant Michael Deftos provided a presentation on why the City Council should set the item for de novo hearing. Adam Birnbaum, the tree owner’s representative, provided a presentation on why he believed the item should not be set for a de novo hearing.

There were no public speakers for the item.

Deputy Mayor Martinez and Councilmembers Quirk and Gaasterland indicated that they would like to set the item for a de novo hearing.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
City Council representatives reported on the San Diego Association of Governments (SANDAG) Board; North County Transit District; Parks and Recreation Committee; Legislative Subcommittee; San Dieguito River Valley Regional Open Space Park Joint Powers Authority (JPA); Sustainability Advisory Committee; League of California Cities; Regional Solid Waste Association.

Council consensus was for the Housing Subcommittee to work with Planning & Community Development Director to bring an item to City Council related to Accessory Dwelling Unit (ADU) regulations and setbacks and to look into whether the City of Santa Barbara ordinance would be a feasible approach for Del Mar.

ADJOURNMENT
Mayor Worden adjourned the meeting at 7:55 p.m.

Sarah Krietor, Administrative Services Manager/
City Clerk
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: October 3, 2022
SUBJECT: Continuation of Remote Public Meetings in Compliance with Government Code Section 54953 (Assembly Bill 361)
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (Attachment A) making the finding required by Government Code 54953 related to Assembly Bill 361 (AB 361) to continue with remote public meetings for the next thirty (30) days during the local emergency declared in response to the COVID-19 pandemic.

DISCUSSION/ANALYSIS:

On September 16, 2021, the Governor signed Assembly Bill 361 (AB 361), which waives certain provisions of the Brown Act and allows for continued remote public meetings during the pandemic if specific findings are made by the City Council. Under AB 361, in order to hold remote public meetings during the declared state of emergency due to the COVID-19 pandemic, the City Council must adopt a Resolution (Attachment A) making at least one of the two findings: 1) state or local officials have recommended measures to promote social distancing; and/or 2) that meeting in-person would pose an imminent risk to the health and safety of attendees. Additionally, the City Council will need to reevaluate and readopt this Resolution every 30 days, which can be accomplished on the consent agenda.

On October 4, 2021, the City Council adopted Resolution 2021-45 making the finding that meeting in-person would pose an imminent risk to the health and safety of attendees as the current state and local health orders do not explicitly require or promote social distancing at this time. The City Council has reconsidered the circumstances of the state of emergency every thirty (30) days and has adopted a number of resolutions extending remote public meetings. Most recently, Resolution 2022-58 was adopted September 6, 2022, to continue with remote meetings through October 6, 2022. These resolutions apply to all City public meetings including the City Council, Design Review Board, Planning Commission, and City advisory committees.

Approval of the proposed Resolution (Attachment A) will allow the City Council, Planning Commission, Design Review Board, and City advisory committees to continue to meet remotely through November 2, 2022.
1 October 3, 2022 Item 05
City Council Agenda Report
Continuation of Remote Public Meetings in Compliance with AB361 October 3, 2022

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The City Council most recently considered the timing for resuming in-person public meetings on August 10, 2022. Based on the current public health status of the COVID-19 pandemic and the rise in positive cases and hospitalizations countywide at that time, the City Council decided to continue to meet remotely, and will discuss the potential to go back to in-person meetings at their October 17, 2022, meeting.

In accordance with Government Code Section 54953 (AB 361) the City Council will continue to reconsider the public health circumstances every thirty (30) days.

PRIOR CITY COUNCIL REVIEW:

The City Council declared a local emergency in response to the COVID-19 pandemic on March 14, 2020, and has been meeting remotely since that time. The City Council adopted Resolution 2021-45 on October 4, 2021; Resolution 2021-46 on November 1, 2021; Resolution 2021-49 on November 19, 2021; Resolution 2021-53 on December 13, 2021; Resolution 2022-01 on January 10, 2022; Resolution 2022-11 on February 7, 2022; Resolution 2022-18 on March 7, 2022; Resolution 2022-22 on April 4, 2022; Resolution 2022- 26 on May 2, 2022; Resolution 2022-29 on May 16, 2022; Resolution 2022-34 on June 6, 2022; Resolution 2022-29 on June 20, 2022; Resolution 2022-52 on July 11, 2022; Resolution 2022-54 on July 25, 2022; Resolution 2022-57 on August 10, 2022; and Resolution 2022-58 on September 6, 2022, allowing for the continuation of remote public meetings under the provisions established by AB 361.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this agenda item.

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and not specifically related to the identified Council goals and priorities for FY 2022-23.

ATTACHMENTS:

Attachment A – Resolution Related to AB 361 Thirty (30) Day Continuance 2 October 3, 2022 Item 05
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, MAKING FINDINGS REQUIRED UNDER
GOVERNMENT CODE SECTION 54953 RELATED TO ASSEMBLY
BILL 361 IN ORDER TO CONTINUE THE USE OF

TELECONFERENCE OR A REMOTE MEETING PLATFORM TO

FACILITATE REMOTE PUBLIC MEETINGS
WHEREAS, there exists the COVID-19 virus, which represents a serious public health threat; and
WHEREAS, on February 14, 2020, the San Diego County Health Officer declared a Local Health Emergency as a result of the COVID-19 virus; which was subsequently ratified by the Board of Supervisors on February 19, 2020; and
WHEREAS, on March 4, 2020, the State of California declared a State of Emergency as a result of the COVID-19 virus; and
WHEREAS, on March 13, 2020, the President of the United States declared a national emergency as a result of the COVID-19 virus; and
WHEREAS, on March 14, 2020, the City of Del Mar adopted Resolution 2020-12 declaring a local emergency related to COVID-19 and has been meeting remotely since that time in accordance with multiple Executive Orders issued by the Governor waiving certain provisions of the Brown Act; and
WHEREAS, on September 16, 2021, the Governor signed Assembly Bill 361 (AB 361) waiving certain provisions of the Brown Act during declared states of emergency and allowing for the continuation of remote public meetings if specific findings are made; and WHEREAS, on October 4, 2021, the City Council adopted Resolution 2021-45 making findings in accordance with AB 361, thereby waiving specific provisions of the Brown Act in order to continue the use of teleconference or a remote meeting platform to facilitate remote public meetings; and
WHEREAS, the City Council reconsidered the circumstances of the state of emergency, determined that meeting in person would directly impact the ability of the members and the public to meet safely and adopted Resolution 2021-46 on November 1, 2021; Resolution 2021-49 on November 19, 2021; Resolution 2021-53 on December 13; 2021; Resolution 2022-01 on January 10, 2022; Resolution 2022-11 on February 7, 2022; Resolution 2022-18 on March 7, 2022; Resolution 2022-22 on April 4, 2022; Resolution 2022- 26 on May 2, 2022; Resolution 2022-29 on May 16, 2022; Resolution 2022-34 on June 6, 2022; Resolution 2022-39 on June 20, 2022; Resolution 2022-52 on July 11, 2022; Resolution 2022-54 on July 25, 2022; Resolution 2022-57 on August 10, 2022; and Resolution 2022-58 on September 6, 2022; and
WHEREAS, on October 3, 2022, the City Council reconsidered the circumstances of the state of emergency and determined that meeting in person would directly impact the ability of the members and the public to meet safely.
3 October 3, 2022 Item 05
Resolution No. 2022-XX

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NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that the City of Del Mar may continue to use teleconference or a remote meeting platform for the next thirty (30) days in accordance with AB 361 based on the following findings:

1. The City Council has held public meetings during the declared emergency related to the COVID-19 pandemic and has determined by a majority vote of the City Council that as a result of the COVID-19 global pandemic, meeting in person would present imminent risks to the health or safety of members and attendees.

BE IT FURTHER RESOLVED by the City Council that this resolution applies to the City Council, Design Review Board, Planning Commission, and all City advisory committees.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular meeting held this 3rd day of October 2022. ___________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022-XX, adopted by the City Council of the City of Del Mar, California at a Regular Meeting held the 3rd day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk, City of Del Mar
4 October 3, 2022 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Mayor Dwight Worden and Council Member Dave Druker, Liaisons to the Parks and Recreation Committee
Prepared by Kseniia Izgarskaia, Associate Management Analyst DATE: October 3, 2022
SUBJECT: Parks and Recreation Committee Appointment
REQUESTED ACTION/RECOMMENDATION:

The City Council Liaisons to the Parks and Recreation Committee recommend that the City Council appoint Marco Bruderer-Schwab as a voting member to the Committee to serve a full three-year term starting October 3, 2022, and ending on October 31, 2025.

DISCUSSION/ANALYSIS:

The Parks and Recreation Committee (Committee) was established to advise the City Council on matters related to City parks and open space lands, recreation facilities, trails and scenic preserves, and to plan for specific development of Del Mar’s open space. The Committee’s work plan includes reviewing the City’s need for park and recreation facilities; reviewing the guidelines governing the use and enjoyment of public parks and open space lands; making recommendations to City staff regarding the efficient and adequate maintenance of City parks and open space lands; and reviewing the guidelines governing the use of the City’s trails and Adopt-a-Spot Program. The Committee consists of seven voting members serving three-year terms. One member may be a non-resident.

There is currently one vacancy on the Committee due to Andrea Moreno’s term expiration on September 1, 2022. City staff advertised the vacancy, and three Citizen Interest Forms were received during the recruitment period from Marco Bruderer-Schwab, Mark Rittenbaum, and Steven Serrano (Attachment A). The Council Liaisons to the Committee have reviewed the applications and recommend that the City Council appoint Marco Bruderer-Schwab as a voting member for a full three-year term effective October 3, 2022, and ending on October 31, 2025.

If the recommended appointment is approved by the City Council, the Committee will have a full roster with no remaining vacancies. A copy of the current Committee roster is included as Attachment B.

ATTACHMENTS:

Attachment A – Citizen Interest Forms
Attachment B – Current Parks and Recreation Committee Roster 1 October 3, 2022 Item 06

DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2nd choice, etc.):
_1__ Design Review Board ___ Planning Commission
Bruderer-Schwab Marco G
Last Name First Name Middle Initial
Del Mar, CA
Home Street Address City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
Arts Advisory Committee 2 Parks and Recreation
Committee
Finance Committee Traffic and Parking Advisory
Committee
Measure Q Citizen Oversight
Committee
3 Lagoon Committee
Other(s) (please
indicate):______________
Sustainability Advisory
Committee
Qualifications for appointment and/or reasons for application (attach additional pages as needed):

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law 2 October 3, 2022 Item 06
Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference:

I’ve lived in Del Mar for 25 years and want to get involved and help the city. I love this town and want to be apart of it’s ever growing beauty. I have online marketing expertise, as well as taking landscaping and botany classes. I’ve done construction and have been apart of building a facility from the ground up in California.

Education:

See above.

Relevant Experience (job or volunteer etc.):

I have worked as a physical construction worker on the job. I have also been on the other side, involved with plan check meetings that include load calculations, ADA compliance, structural integrity and much more.

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

None
NAME STREET NAME (no house
number)
Phone Number
Becky Dembinski Luneta
Connie Shaner Orchid Lane

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law None
3 October 3, 2022 Item 06
Residency
Are you a full-time or part-time resident of Del Mar? X☐ Full-time ☐ Part-time
Is Del Mar your primary place of residence? X☐ Yes ☐ No Are you a register voter in Del Mar? X☐ Yes ☐ No
Cynthia Bolker 26th Street
Month Year
I have been a resident of California since: January 1996 I have been a resident of San Diego County since: January 1996 I have been a resident of Del Mar since: January 1996

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law 4 October 3, 2022 Item 06
III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.

1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.

Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?

2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.

Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.

What aspects of the City’s finances most interest you and why?

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law 5 October 3, 2022 Item 06

3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. To avoid conflicts of interest, members of the Measure Q Citizen Oversight Committee cannot concurrently serve on the Undergrounding Project Advisory Committee. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
☐ Other (please explain): ____________________________________________________

4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☐ Resident
☐ Other (please explain): ____________________________________________________ What part of town do you live in? Geographic diversity is desirable and will be taken into account.

Check the neighborhood map to verify your neighborhood.

Do you have any special expertise or experience related to traffic and parking? If yes, please explain:

5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.

Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.

What aspects of the City’s parks and recreation most interest you and why? ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☐ North Hills
☐ Valley
I have taken landscaping and botany classes. I have a love for parks and nature. I know about water wise plants and trees and irrigation. I’ve done my own irrigation work at home and have learned a lot about sprinkler systems. I want to get involved to make our current parks nicer and possibly create new ones down the line! I want to be involved because I enjoy using the Del Mar parks and have enjoyed using them for 25 years. I think they’re a very important part of Del Mar and I think being on the Committee I would really be able to make a change.

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

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6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.

What aspect(s) of being on the Lagoon Committee most interest you and why?

7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.

What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.

8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.

In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?

9. Undergrounding Project Advisory Committee
The Undergrounding Project Advisory Committee is seeking applicants with an interest in the citywide undergrounding project. To avoid conflicts of interest, members of the Undergrounding Project Advisory Committee cannot concurrently serve on the Measure Q Citizen Oversight Committee.

Geographic diversity is desirable and will be taken into account. What part of town do you live in? Check the neighborhood map to verify your neighborhood. ☐ North Bluff ☐ North Beach
☐ South Beach ☐ Village Center
☐ South Bluff ☐ South Hills
☐ North Hills ☐ Valley
I don’t think there was an opening slot but I absolutely adore the lagoon and use the trail for biking and walking all the time. Preserving nature and bringing back the eco system that was once lost is something that I would love to be apart of.

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law 7 October 3, 2022 Item 06
Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.

Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.

Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.

By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. ___ __________ _________9/2/22_________________
Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.

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Note: Personal information may be withheld from public view as allowed by law 8 October 3, 2022 Item 06
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12 October 3, 2022 Item 06

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Last Name First Name Middle Initial
Home Street Address City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2
nd choice, etc.):
___ Design Review Board ___ Planning Commission
Arts Advisory Committee Parks and Recreation Committee
Finance Committee Traffic and Parking Advisory Committee Measure Q Citizen Oversight Committee Lagoon Committee
Other(s) (please indicate):______________ Sustainability Advisory Committee Qualifications for appointment and/or reasons for application (attach additional pages as needed):

Education:

Serrano Steven 92014 1
2 Experience with recreation/athletics and environmental concerns/advocacy BA in Political Science, Arizona State university
13 October 3, 2022 Item 06

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference:

NAME STREET NAME (no house
number)
Phone Number
Residency
Month Year
I have been a resident of California since:

I have been a resident of San Diego County since:

I have been a resident of Del Mar since:

Are you a full-time or part-time resident of Del Mar? ☐ Full-time ☐ Part-time
Is Del Mar your primary place of residence? ☐ Yes ☐ No
Are you a register voter in Del Mar? ☐ Yes ☐ No
Have been the lead of environmental advocacy groups in the San Bernardino national forest
1997 2007 2007
14 October 3, 2022 Item 06

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.

Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?

2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.

Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.

What aspects of the City’s finances most interest you and why? 15 October 3, 2022 Item 06

Page 4 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☐ North Hills
☐ Valley
Do you have any special expertise or experience related to traffic and parking? If yes, please explain:

5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.

Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.

What aspects of the City’s parks and recreation most interest you and why? 16 October 3, 2022 Item 06

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THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.

What aspect(s) of being on the Lagoon Committee most interest you and why?

7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.

What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.

8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.

Page 6 ends

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.

By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement. ing under penalty of perjury that the information you are our knowledge.
__________________________
Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
09/16/22
18 October 3, 2022 Item 06
City of Del Mar
Parks & Recreation Committee
Appointing Authority City Council
Position Secretary
John Peterson
2nd Term May 02, 2017 - Feb 01, 2023
Appointing Authority City Council
Mary E. Friestedt
1st Term Feb 20, 2018 - Feb 02, 2023
Appointing Authority City Council
Felise B Levine
1st Term Feb 05, 2018 - Jan 01, 2024
Appointing Authority City Council
Claire Mcgreal
2nd Term Jun 02, 2019 - Mar 02, 2025
Arlene Prater
1st Term Mar 21, 2022 - Mar 31, 2025
Appointing Authority City Council
Position Chair
Mac McLoughlin
2nd Term Sep 06, 2022 - Sep 30, 2025
Appointing Authority City Council
Position Vice Chair
Vacancy
Board Roster
Parks & Recreation Committee Page 1 of 1
19 October 3, 2022 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Karen Falk, Principal Engineer
Kseniia Izgarskaia, Associate Management Analyst
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: October 3, 2022
SUBJECT: Fifth Amendment to the Professional Services Agreement with Kleinfelder, Inc. for the Camino del Mar Bridge Project
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve the Fifth Amendment (Attachment A) to the Professional Services Agreement with Kleinfelder, Inc. (Kleinfelder) for preliminary engineering and project approval/environmental documentation for the Camino del Mar Bridge Project; and 2) Authorize the City Manager to execute the Fifth Amendment.

DISCUSSION/ANALYSIS:

The 90-year-old Camino del Mar Bridge over the San Dieguito River is structurally deficient, scour critical (foundation erosion), seismically and flood vulnerable, and hydraulically disruptive. Replacement of the Camino Del Mar Bridge (Project) qualified for the Caltrans Eligible Bridge List in 2008, and is therefore eligible for 88.53% reimbursement from the Federal Highway Bridge Program with Caltrans oversight/approval through their Local Assistance Program. The City is responsible for funding the remaining 11.47% of the Project as a local match.

In May 2017, the City executed a Professional Services Agreement (Agreement) with Kleinfelder (Attachment B) for the Preliminary Engineering and Project Approval/Environmental Documentation (PA/ED) phase of the Project, which is the current work phase. The objective of the PA/ED phase is to prepare the necessary documentation to approve the Project and initiate the permit application for construction of the new bridge. This work includes a variety of pre-design activities including field investigations, geotechnical studies, bridge type selection, preliminary drainage studies, traffic and parking impact assessments, hydraulic studies, geometric approval drawings, and State and Federal environmental documents.

The Agreement was subsequently amended in 2018, 2019, 2021, and 2022 (Attachments C, D, E, and F, respectively) to amend the scope of services, budget, and term of the original agreement. The current term of the Agreement, as extended by the Fourth Amendment, expires on June 30, 2023.
1 October 3, 2022 Item 07
City Council Agenda Report
Fifth Amendment to Kleinfelder, Inc. Agreement – CDM Bridge Project October 3, 2022

Page 2 of 3 ends

Currently, Kleinfelder is in the process of finishing the PA/ED phase. The preliminary design activities have been completed and were submitted to Caltrans for review. Kleinfelder will continue addressing review comments and finalizing reports until Caltrans requirements are fully-satisfied. Once the environmental documents (CEQA/NEPA) and all PA/ED phase requirements are completed, Caltrans will recommend the Project enter the Regulatory Permitting and Final Design (PS&E) phase. Caltrans could issue approval and authorize the project to enter the next phase as soon as November 2022, depending on their review time or need for additional submittals from the City.

The first step in the PS&E phase is to perform additional studies to address the comments Caltrans provided on the draft Type Selection Report (dTSR). The dTSR is a detailed study of the project site constraints and design requirements to identify a replacement structure that is the most economical, best fits the requirements of the site, and has the least impact on the environment. Kleinfelder completed the dTSR in 2020 and submitted to Caltrans for review.

Caltrans conceptually approved the design elements in the dTSR, with the requirement to further refine design calculations and assumptions during the PS&E phase. The work includes a detailed analysis on the hydraulics and hydrology impact, bridge length, and substructurefoundation designs. Since there is remaining budget in the current Agreement, staff is proposing to modify the scope of work to start this work now to accelerate the schedule of the PS&E phase.

An amendment to the existing Agreement is needed in order to modify the scope of work and include the additional studies for the PS&E phase in the current Agreement. The proposed amendment will not result in a term extension or a budget increase.

Once Caltrans approves the project to enter into the PS&E phase, a design contract will be brought to City Council for consideration in early 2023.

PRIOR CITY COUNCIL REVIEW:

On May 16, 2022, the City Council approved a Fourth Amendment to the Agreement with Kleinfelder (Attachment F) to extend the term of the agreement to June 30, 2023. On July 12, 2021, the City Council approved a Third Amendment to the Agreement with Kleinfelder (Attachment E) to extend the term of the agreement, expand the scope of work, and adjust the total cost. On April 1, 2019, the City Council approved a Second Amendment to the Agreement with Kleinfelder (Attachment D) for $389,510 that included additional geotechnical investigations and additional studies to be included in the draft Type Selection Report. On February 20, 2018, the City Council approved a First Amendment to the Agreement with Kleinfelder (Attachment C) that included required revisions to the Agreement in order to comply with Federal Contract Provisions. On April 17, 2017, the City Council approved an Agreement with Kleinfelder (Attachment B) totaling $1,216,334 for the Project Approval/Environmental Documentation (PA/ED) Phase for the Project.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. The modifications to the scope or work will not require additional funding. Funding for the work to 2 October 3, 2022 Item 07
City Council Agenda Report
Fifth Amendment to Kleinfelder, Inc. Agreement – CDM Bridge Project October 3, 2022

Page 3 of 3 ends

be completed by Kleinfelder as part of the Fifth Amendment is included in the approved FY 2022-2023 Operating and Capital Budget.

ENVIRONMENTAL IMPACT:

This proposed Fifth Amendment to the Agreement for engineering services is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. A comprehensive environmental analysis is being prepared for the bridge replacement construction pursuant to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA).

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The Camino Del Mar Bridge Replacement Project is a Tier 1 City Council priority for FY2022- 2023.

ATTACHMENTS:

Attachment A – Proposed Fifth Amendment to Agreement with Kleinfelder Attachment B – Original Agreement with Kleinfelder (2017) Attachment C – First Amendment to Agreement with Kleinfelder (2018) Attachment D – Second Amendment to Agreement with Kleinfelder (2019) Attachment E – Third Amendment to Agreement with Kleinfelder (2021) Attachment F – Fourth Amendment to Agreement with Kleinfelder (2022) 3 October 3, 2022 Item 07

FIFTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DEL MAR AND KLEINFELDER, INC.

THIS FIFTH AMENDMENT TO AGREEMENT (the “Fifth Amendment”) is made and entered into effective this 3rd day of October, 2022, by and between the CITY OF DEL MAR, a California municipal corporation and Charter City (“CITY”) and KLEINFELDER, INC., a California Corporation (“CONSULTANT”) (collectively “Parties”).

RECITALS
WHEREAS, the Camino del Mar Bridge over the San Dieguito River is structurally deficient and seismically and flood vulnerable. Replacement of the Camino del Mar Bridge (Project) qualified for the Caltrans Eligible Bridge List in 2008, and is therefore, eligible for 88.53% reimbursement from the Federal Highway Bridge Program with Caltrans oversight/approval; and
WHEREAS, on May 23, 2017, the City and Consultant entered into an Agreement for Preliminary Engineering and Environmental Documentation Services for the Project (“Agreement”); and
WHEREAS, on March 5, 2018, the Parties entered into a First Amendment to the Agreement in which the federal fiscal contract provisions were added to the Agreement in order to comply with the Local Assistance Procedures Manual (LAPM); and WHEREAS, on April 1, 2019, the Parties entered into a Second Amendment to the Agreement with Consultant to extend the term of the Agreement and modify the scope of work and the total Agreement amount; and
WHEREAS, on July 12, 2021, the Parties entered into a Third Amendment to the Agreement with Consultant to extend the term of the Agreement for a one-year period through June 30, 2022, and modify the scope of work and the total Agreement amount; and
WHEREAS, on May 16, 2022, the Parties entered into a Fourth Amendment to the Agreement with Consultant to extend the term of the Agreement for a one-year period through June 30, 2023; and
WHEREAS, the Parties would like to amend the Agreement to expand the scope of work to include additional studies addressing comments provided on the draft Type Selection Report (dTSR).

NOW, THEREFORE, the Parties hereby agree as follows:

1. Attachment A of the Agreement shall be amended to include the additional Scope of Work attached to this Fifth Amendment as Exhibit “A.”

2. Except as otherwise provided in this Fifth Amendment, the Agreement, First, Second, Third, and Fourth Amendments, and each and every term, condition, attachment and exhibit, shall remain in full force and effect. 4 October 3, 2022 Item 07
City of Del Mar
Fifth Amendment to Agreement with Kleinfelder, Inc.

Page 2 of 2 ends

IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to the Agreement to be executed the day and year first above written.

CITY OF DEL MAR, KLEINFELDER, INC.,
a municipal corporation a California corporation
BY: ____________________________ BY: _________________________ Ashley Jones, City Manager John Moossazadeh, Senior Vice President
ATTEST:

By: ______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:

By: _____________________________
Leslie E. Devaney, City Attorney
5 October 3, 2022 Item 07
770 First Avenue, Suite 400, San Diego CA 92101 p | 619.831.4600 f | 619.232.1039 REQUEST FOR ADDITIONAL SERVICES #5
September 12, 2022
Tim Thiele, PE, QSD
City of Del Mar
ENGINEERING MANAGER | MICHAEL BAKER INTL.
1050 Camino Del Mar
Del Mar, CA 92014
p.760.603.6243
Karen Falk, PE | Principal Engineer
City of Del Mar | Public Works Department
2240 Jimmy Durante Blvd
Del Mar, CA 92014
 858.375.9533
Subject: Request for Additional Services #5 – No Cost Change Order (Budget Transfer) Advance Type Selection Report Effort
Camino Del Mar Bridge #57C-0209 Replacement Project
Work Stage B – Preliminary Engineering & Environmental Documentation

Dear Mr. Thiele and Ms. Falk
Per your request, we have developed this No Cost Change Order Request (Budget Transfer) to perform work during this current phase (Work Stage B) to support the upcoming PS&E Phase (Work Stage C).

To reduce the PS&E total schedule duration, we have agreed to perform additional studies necessary to respond to Caltrans Type Selection Report (TSR) review comments. This work represents a portion of the scope included in the Work Stage C request related to the TSR. Coordination meetings with Caltrans and a formal resubmittal of the TSR will still take place in Work Stage C.

This work is estimated to be $50,000 in which budget can be internally transferred from existing cost codes to a new cost code (Task 14.0) within our existing contract for Work Stage B, as shown in below tables.

Task
No. Description
Budget
Transfer
FROM
Task
No.

Description
Budget
Transfer
TO

1.0 Project Management -$3,000.00 14.0 Respond to Caltrans Comments +$50,000.00

2.0 Coordination and Mtgs -$5,000.00

5.0 Public Outreach -$31,208.28

10.0 Kleinfelder ODC's -$9,000.00

11.0 Contingency 2 -$1,791.72
Total -$50,000.00
6 October 3, 2022 Item 07

Page 2 of 2 ends

Caltrans has given their Conditional Concurrence (dated 9/10/2020) for the TSR (submitted 6/19/2020), that allowed advancement of the PA/ED Phase (Work Stage B) of the project. However, this Conditional Concurrence contains review comments requesting that additional studies be performed during the subsequent Final Design PS&E Phase (Work Stage C) of the project.

To reduce the time estimated to complete the PS&E phase, we have agreed to perform additional technical studies necessary to respond to Caltrans TSR review comments now, in efforts to advance the project into construction as soon as possible.

Deliverable: The deliverable product will be a DRAFT Response to Comments for the TSR that will be nearly ready to submit Caltrans for their review at the time the PS&E Phase begins, estimated to be circa January 2023.

Kleinfelder appreciates the opportunity to provide the City of Del Mar (City) with engineering services in support of the Camino Del Mar Bridge Replacement Project. Please feel free to contact us anytime.

Sincerely
KLEINFELDER, INC.

Don Bloodworth, PE 60954
Project Manager
Engineer of Record
M 619.861.0337 (text messages ok)

7 October 3, 2022 Item 07

AGREEMENT BETWEEN THE CITY OF DEL MAR
AND
KLEINFELDER, INC.

This Agreement ("Agreement"), made tnisÆf,aVof May, 2017,by and between the CITY OF DEL MAR, a Charter City and a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("C|TY"), and Kleinfelder, lnc., a California Corporation ("CONSULTANT") with reference to the following facts which are acknowledged by each party as true and correct:

RECITALS
A. CITY is a general law city, formed and existing pursuant to the provisions of the California Government Code.

B. CITY is authorized to enter into consultant agreements under the provisions of California Government Code section 53060.

C. CITY desires or is in need of Preliminary Engineering and Environmental Documentation services.

D. CONSULTANT has special knowledge, experience and facilities for accomplishing the above services.

E. CITY now desires to retain CONSULTANT to accomplish the above services, and CONSULTANT is willing to be so retained pursuant to the terms and conditions of this Agreement.

AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:

OPERATIVE PROVISIONS

1. RESPONSIBILITIES OF CONSULTANT

1.1 CONSULTANT shall undertake to carry on the scope of services as listed in the attached Scope of Services (refer to Exhibit "4"), which is attached to and made a pad of this Agreement. To the extent the provisions of Exhibit "A" are ambiguous in relation to the provisions of this Agreement, inconsistent with the provisions of this Agreement, or expand upon the provisions of this Agreement, the provisions of this Agreement shall take precedence and the provisions of Exhibit "A" shall not apply. These duties may be adjusted from time to time as agreed upon in writing by CONSULTANT and CITY. Any additional services authorized by CITY shall be subject to all terms and conditions of this Agreement, except as modified in writing in accordance with Section 24.

1.2 Representations. CONSULTANT will perform the services set out in this Agreement, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. lt is understood that CITY, in entering into this Agreement, is relying on CONSULTANT's representations for l{einfelder, lnc Consultant Agreement
8 October 3, 2022 Item 07
quality and professionalwork performed in a timely manner, and CONSULTANT shall perform in accordance with those representations and standards.

1.3 Monthlv n Reoorts. The Project Manager of CONSULTANT shall prepare and submit to the designated CITY representative a monthly written repod specifying the activities of CONSULTANT pursuant to this Agreement. CONSULTANT shall prepare the monthly written repod in a format acceptable to the CITY. CONSULTANT shall submit the monthly written report to the CITY by the second Friday of each month.

2. ADMINISTRATION OF AGREEMENT

2.1 CITY appoints its City Manager, or his designee, to administer CITY's rights underthis Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services.

2.2 CONSULTANT shall keep the City Manager, CITY's representative, or his designee or designees, fully informed as to the progress of the work and shall submit to CITY such oral and written reports as CITY may specify.

2.3 This Agreement shall be administered on behalf of the parties hereto, and any notice desired or required to be sent to a party hereunder shall be addressed, as follows:

For CITY
Address
Phone
For CONSULTANT

CONSULTANT
Address:

Phone
Tim Thiele, PE
City Engineer
City of Del Mar
1050 Camino Del Mar
Del Mar, CP.92014
(858) 755-9313
Nathan Johnson, PhD, PE
Vice President, Segment Manager
Kleinfelder, lnc.
550 West C Street
San Diego, CA.92101
(619) 831-4600

3. TERM

3.1 The term of this Agreement shall be from May 1 , 2017 until April 21, 2020.

3.2 Time is of the essence for this Agreement and each provision of this Agreement, unless othen¡uise specified in this Agreement.

4. PAYMENT TO CONSULTANT

4.1 Consideration. ln consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT 2 9 October 3, 2022 Item 07
the not-to-exceed amount of One million two hundred sixteen thousand three hundred and thirtyfour Dollars ($1,216,334), refer to Exhibit "8".

4.2 Additional Services. lf CITY desires any additional services ("Additional Services"), CONSULTANT may, upon written request by the CITY, furnish a proposal including an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may modify or alter the proposal, or may reject the proposal in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT.

4.3 Pavments. Payment of CONSULTANT's fee shall be made in accordance with CITY's normal schedule for issuance of checks. CONSULTANT agrees and acknowledges that it is CONSULTANT's sole responsibility to report as income all compensation received from ClÏY, and to make the requisite tax filings and payments to the appropriate federal, state and local tax authorities.

5. STATUS OF CONSULTANT

5.'1 Indepe Contractor. lt is understood and agreed that CITY is interested only in the results obtained from service hereunder and that CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. CONSULTANT shall complete this Agreement according to its own methods of work which shall be in the exclusive charge and control of CONSULTANT and which shall not be subject to control or supervision by the CITY, except as to the results of the work. CONSULTANT is, for all purposes arising out of this Agreement, an independent contractor, and neither CONSULTANT, nor its employees, agents and representatives shall be deemed an employee of the CITY for any purpose.

5.2 Emplovee Benefits. CONSULTANT shall be responsible for all salaries, payments, insurance and benefits for all of its officers, agents, representatives and employees in performing services pursuant to this Agreement. lt is expressly understood and agreed that CONSULTANT and its employees, agents, and representatives shall in no event be entitled to any CITY benefits to which CITY employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation, worker's compensation, sick or injury leave or other benefits.

5.3 Workers' Compensation lnsurance. CONSULTANT agrees to procure and maintain in full force and effect Workers' Compensation lnsurance covering its employees and agents while these persons are participating in the activities hereunder, as provided in Section

6.1.2 of this Agreement.

5.4 Prevailing Wages. Pursuant to the provisions of section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement, from the Director of the Department of lndustrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office. CONSULTANT shall post a copy of such rates at their 3 10 October 3, 2022 Item 07
office and shall pay the adopted prevailing wage rates as a minimum. lf applicable, CONSULTANT shall comply with the provisions of sections 1773.8, 1775, 1776, 1777.5, 1777 .6, and 1813 of the Labor Code and any other applicable laws.

Pursuant to the provisions of section 1775 of the Labor Code, CONSULTANT shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub-consultant under him, in violation of the provisions of this Agreement.

6. INSURANCI
CONSULTANT shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request, provided to the CITY, insurance cedificates reflecting evidence of all insurance required in this Section 6; however, CITY reserves the right to request, and CONSULTANT shall submit, copies of any policy upon reasonable request by CITY; (b) obtained CITY approval of each company or companies as required by Section 6; and (c) confirmed that all policies contain the specific provisions required in Section 6.

6.1 Tvpes of lnsurance. At all times during the term of this Agreement, CONSULTANT shall maintain insurance coverage as follows:

6.1.1 Commercial General Liability. Commercial General Liability (CGL) lnsurance written on an occurrence basis to protect CONSULTANT and CITY against liability or claims of liability which may arise out of this Agreement in the amount of One Million Dollars ($1,000,000) per occurrence and subject to an annual aggregate of Two Million Dollars ($2,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability.

6.1.2 Workers' Compensation. For all of CONSULTANT's employees who are subject to this Agreement and to the extent required by applicable state or federal law, CONSULTANT shall keep in full force and effect a Workers' Compensation policy. That policy shall provide employers' liability coverage as required by applicable state and/or federal Workers' Compensation laws, and CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives. ln the event a claim under the provisions of the California Workers' Compensation Act is filed against CITY by a bona fide employee of CONSULTANT participating under this Agreement, CONSULTANT agrees to defend and indemnify the CITY from such claim.

6.1 .3 Professional Liability. For all of CONSULTANT's employees who are subject to this Agreement, CONSULTANT shall keep in fullforce and effect Professional Liability coverage for professional liability with a limit of One Million Dollars ($1,000,000) per claim and Two Million Dollars ($2,000,000) annual aggregate. CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years after termination of this Agreement or substantial completion of services under this Agreement, whichever occurs last.

CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss. 4 11 October 3, 2022 Item 07

6.1.4 CommercialAutom oh e I iabilitv For allof the CONSULTANT's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA O0 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $500,000 per occurrence. lnsurance certificate shall reflect coverage for any automobile (any auto).

6.2 lnsurer Requirements. All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are no less than "4" and "Vll" or better by the A.M. Best Key Rating Guide, and are licensed to do business in the State of California. CITY will accept insurance provided by non-admitted "surplus lines" carriers only if the carrier is authorized to do business in the State of California.

6.3 Deductibles. All deductibles on any policy shall be the responsibility of CONSULTANT and shall be disclosed to CITY at the time the evidence of insurance is provided.

6.4 Specific Provisions Required. Each policy required under this Section 6 shall expressly provide, and an endorsement shall be submitted to CITY, that: (a) the policies are primary and non-contributory to any insurance that may be carried by CITY; with the exception of Workers'Compensation and Professional Liability; and (b) CITY is entitled to thitty (30) days' prior written notice (10 days for cancellation due to non-payment of premium) of cancellation, material reduction, or non-renewal of the policy or policies. Additionally, the CGL policy shall expressly provide, and an endorsement shall be submitted to CITY, that the City of Del Mar and its respective officers and employees are additional insured under the policy.

6.5 lndemnitv Not Limited bv lnsurance. CONSULTANT's liabilities, including, but not limited to, CONSULTANT's indemnity and defense obllgations under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement, and CONSULTANT's failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement may be treated as a material breach of contract by CITY.

7. AUDIT AND INSPECTION OF RECORDS
At any time during CONSULTANT's normal business hours and as often as CITY may deem necessary, and upon reasonable notice, CONSULTANT shall make available to CITY, or any of its duly authorized representatives, for examination, audit, excerpt, copying or transcribing, all data, records, investigation reports and all other materials respecting matters covered by this Agreement. CONSULTANT will permit CITY to audit and to make audits of all invoices, materials, payrolls, records of personnel and other data related to all matters covered by this Agreement. All material referenced in this Section, including all pertinent cost accounting, financial records, and proprietary data, must be kept and maintained by CONSULTANT for a period of at least four (4) years, or for the period required by law, whichever is greater, after completion of CONSULTANT's pedormance hereunder, unless CITY's written permission is given to dispose of same prior to that time.

8. CONFIDENTIALITY AND IJSF OF INFORMATION
8,1 Except as otherwise provided by law, all reports, communications, documents and information obtained or prepared by CONSULTANT respecting matters covered by this J
12 October 3, 2022 Item 07
Agreement shall not be published without prior written consent of City Manager or his designees, nor shall CONSULTANT issue any news releases or publish information relating to its services hereunder without the prior written consent of the City Manager. CONSULTANT shall hold in trust for the CITY, and shall not disclose to any person, any confidential information. Confidential information is information which is related to the CITY's research, development, trade secrets and business affairs, but does not include information which is generally known or easily ascerlainable by nonparties through available public documentation.

8.2 CONSULTANT shall advise CITY of any and all materials used, or recommended for use, by CONSULTANT to achieve the project goals that are subject to any copyright restrictions or requirements. ln the event CONSULTANT shall fail to so advise CITY and, as a result of the use of any programs or materials developed by CONSULTANT under this Agreement, CITY should be found in violation of any copyright restrictions or requirements, CONSULTANT agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.

8.3 Ownership of Records. All records created by the CONSULTANT shall become the property of the CITY and shall be subject to state law and CITY policies governing privacy and access to files. The CITY shall have access to and the right to examine all books, documents, papers and records of the CONSULTANT involving transactions and work related to this Agreement. The CONSULTANT shall retain all copies of records for a period of five (5) years from the date of final payment.

9. NOTICE
All notices or demands to be given under this Agreement by either pady to the other shall be in writing and given either by: (a) personal service, (b) by U.S. Mail, mailed either by certified mail, return receipt requested, with postage prepaid and addressed to the party to whom the notice is directed, or (c) via facsimile transmission (with proof of confirmation by sender). Service shall be considered given when received if personally served or, if mailed, two days after deposit in the United States Mail by certified mail, return receipt requested. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions of this section. At the date of this Agreement, the addresses of the parties are as set fotlh in Section 2 above.

10. TERMINATION FOR CAUSE

10.1 CITY may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include: (a) a material violation of any of the covenants, agreements, or stipulations of this Agreement by CONSULTANT, (b) CONSULTANT, through any cause, failing to fulfill in a timely and proper manner its obligations under this Agreement, (c) any act by CONSULTANT exposing CITY to liability to others for personal injury or property damage, or (d) if CONSULTANT is adjudged bankrupt, CONSULTANT makes a general assignment for the benefit of creditors, or a receiver is appointed on account of CONSULTANT's insolvency.

Written notice by CITY of termination for cause shall contain the rçasons for such intention to terminate and shall specify the effective date thereof. Unless prior to the effective date of the termination for cause the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall cease and terminate on the effective date specified in the written notice by CITY.
6 13 October 3, 2022 Item 07

10.2\n the event of such termination, CONSULTANT shall be paid the reasonable value of satisfactory services rendered up to the date of receipt of the notice of termination in accordance with this Agreement, less any payments theretofore made, as determined by CITY, not to exceed the amount payable herein, and CONSULTANT expressly waives any and all claims for damages or compensation arising under this Agreement in the event of such termination, except as set fotth herein.

11. TERMINATION FOR IENCE OF CITY
1 1 .1 CITY may terminate this Agreement at any time and for any reason by giving written notice to CONSULTANT of such termination, and specifying the effective date thereof, at least fifteen (15) days prior to the effective date.

11.2|f the Agreement is terminated as provided in this Section, CONSULTANT shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONSULTANT of notice of termination, less any payments theretofore made and not to exceed the amount payable herein, and for satisfactory work completed between the receipt of notice of termination and the effective date of termination pursuant to a specific request by CITY for the performance of such work.

12. PERFORMANCE AFTER TERMINATION
Upon termination of this Agreement as provided herein, CONSULTANT shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by CONSULTANT to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, allfinished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by CONSULTANT shall be delivered to the City Manager, upon his request, as property of CITY. Any use of incomplete documents without the specific written authorization from CONSULTANT will be at the CITY's sole risk and without liability or legal exposure to CONSULTANT.

13. DEFENSE AND INDEMNIFICATION

13.1 lndemnitv for Professional Liabilitv. Except for the sole negligence or willful misconduct of CITY, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent, reckless or wrongful acts, errors or omissions of CONSULTANT in the performance of the professional services under this Agreement and those of CONSULTANT's sub-consultants or anyone for whom CONSULTANT is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder.

13.2 lndemnitv for Other than Professional Liabilitv. With respect to operations other than the performance of the professional services under this Agreement, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council, and each member thereof, its officers, agents, employees, representatives, and their successors and assigns, from and against any and all losses, liabilities, claims, suit damage, expenses and costs Including reasonable attorney's fees and costs, and expert costs and investigation expenses ("Claims"), which arise out of or are in any way connected to the performance of CONSULTANT, its officers, employees, representatives, 7 14 October 3, 2022 Item 07
subcontractors, or agents under this Agreement regardless of whether or not such claim, Ioss or liability is caused, in part by a party indemnified hereunder. CONSULTANÏ shall have no obligation, however, to defend or indemnify CITY if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of CITY.

13.3 General lndemnitv Provisions. This indemnity is in addition to any other rights or remedies which CITY may have under the law or this Agreement. ln the event of any claim or demand made against any party which is entitled to be indemnified hereunder, CITY may, at its sole discretion, reserve, retain or apply any monies due to CONSULTANT under this Agreement for the purpose of resolving such claims; provided however, that CITY may release such funds if CONSULTANT provides ClTYwith reasonable assurances of protection of the CITY's interest. Ïhe CITY shall, in its sole discretion determine whether such assurances are reasonable.

CONSULTANT agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by CONSULTANT, its officers, agents, representatives, employees, sub-consultants, or anyone for whom CONSULTANT is liable and that an adjudication of CONSULTANT's liability is not a condition precedent to CONSULTANT's duty to defend.

14. CONFLICT OF INTFREST

14.1 CONSULTANT shall be bound by the requirements of the FPPC (Fair Political Practice Commission) and state law with regard to disclosure of financial interests and prohibited conflicts of interest.

14.2Prior to execution of this Agreement, CONSULTANT shall disclose in writing to CITY any and all compensation, actual or potential, which CONSULTANT may receive in any form from a party other than CITY as a result of performance of this Agreement by CONSULTANÏ. lf CONSULTANT becomes aware of the potential for such compensation subsequent to the execution of this Agreement, CONSULTANT shall disclose such compensation within three (3) working days of becoming aware of the potential for such compensation.

14.3 Prior to or concurrent with making any recommendation of any products or service for purchase by the CITY, CONSULTANT shall disclose any financial interest that CONSULTANT may have in any manufacturer or provider of the recommended products or services. The term "financial interest" includes, but is not limited to, employment (current or prospective) or ownership interest of any kind and degree.

14.4 CONSULTANT shall not conduct business for third parties which may be in conflict with CONSULTANT's responsibilities under this Agreement. CONSULTANT may not solicit any business during the term of this Agreement which conflicts with its responsibilities under this Agreement. CONSULTANT shall provide no services for any private client within the corporate boundaries or sphere of influence of CITY during the period of this Agreement which may constitute a conflict of interest.
8 15 October 3, 2022 Item 07
CONSULTANT acknowledges that he/she has read Section 14. Conflict of lnterest, and may have _ or does not have X a potential conflict of interest, and will _ or will not X need to flle a Statement of Economic lnterest Form 700. lf CONSULTANT is required to flle a Statement of Economic lnterest, a Form 700 shall accompany this eçcuted Contract. )79 Consultant'slnitial

15. ASST.NMENT 4 citv of Del Mar lnitial
No portion of this Agreement or any of the work to be performed hereunder may be assigned or delegated (including hiring and retaining use of any other person or entity for any purpose, except for those certain subconsultants specifically included in the attached "Scope of Services") by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such consent all services hereunder are to be performed by CONSULTANT, its officers, agents and employees. However, claims for money due or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to CITY. Any assignment requiring approval may not be further assigned without CITY approval.
16, SURVIVAL
CONSULTANT's representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.

17. COMPLIANCE WITH APPLICABLE LAWS
CONSULTANT agrees to comply with all federal, state and local laws, rules, regulations and ordinances that are now or may in the future become applicable to CONSULTANT, CONSULTANT's business, equipment and personnel engaged in activities covered by this Agreement or arising out of the performance of such activities. lf there is any change to the Scope of Work or the Contract price and/or Contract times, Consultant shall first provide City with a written request to revise the Scope of Work and a written request to increase the Contract price and/or Contract times. The City shall then submit the same to the City Council for consideration.

CONSULTANT shall not proceed with any change in the work without prior authorization from City.

18. PERMITS/LICENSES
CONSULTANT and all of CONSULTANT's employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

19. NONDISCRIMINATION IN EMPLOYMENT
CONSULTANT agrees that it will not engage in unlawful discrimination in employment and shall comply with all applicable laws and regulations of CITY and/or all other relevant government agencies, including, but not limited to, the California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission. Also, CONSULTANT certifies and agrees that all persons employed by CONSULTANT, its affiliates, subsidiaries and related entities, if any, will be treated equally by CONSULTANT, without unlawful discrimination based upon creed, sex, race, national origin, or any other classification prohibited by state or federal law. lf CITY finds that any of the provisions of this Section have been violated, such 9 16 October 3, 2022 Item 07
violation shall constitute a material breach of this Agreement, upon which CITY may determine to cancel, terminate, or suspend this Agreement. While CITY reserves the right to determine independently that the anti-discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or California Department of Fair Employment and Housing, or successor agency, or the Federal Equal Employment Opportunity Commission, or successor agency, that CONSULTANT has violated state or federal anti-discrimination laws relative to this Agreement shall constitute a finding by CITY that CONSULTANT has violated the anti-discrimination provisions of this Agreement.

20. NON-WAIVER
The failure of CITY or CONSULTANT to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Agreement shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition. Payment to CONSULTANT of compensation under this Agreement shall not be deemed to waive CITY's rights or CONSULTANT's rights contained in this Agreement.
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21. SEVERABILITY
lf any term, condition or provision of this Agreement is held by a coutl of competent jurisdiction to be unenforceable, invalid, or void, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired or invalidated in any way.

22. DISPUTES
ln the event that any action is brought by either pady to construe this Agreement or enforce any of its terms, the prevailing party shall be entitled to recover its reasonable attorneys'fees and costs incurred, whether or not the matter proceeds to judgment.

23. REMEDIES
The rights and remedies of the CITY provided in this Agreement are not intended to be exclusive, and are in addition to any other rights and remedies permitted by law.

24. ENTIRE AGREEMENT/AM FNDIVIFNT
This Agreement and any exhibits attached hereto constitute the entire agreement between the parties and supersede any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by a written amendment executed by both parties to the Agreement.

25. GOVERNING LAWA/ENUE
The terms and conditions of this Agreement shall be goVerned by the laws of the State of California. Any action or proceeding brought by any party against any other party arising out of or related to this Agreement shall be brought exclusively in San Diego County.

26. BINDING AGREEMENT
This Agreement is intended to be binding on the pafties and their respective successors and assigns.
27, NUMBER
The plural shall include the singular, and the singular shall include the plural and neuter wherever the context so indicates or requires,

28. WARRANTY OF AUTHORITY
Each of the parlies signing this Agreement warrants to the other that it has the full authority of the entity on behalf of which its signature is made.

29. COUNTERPARTS
This Agreement may be executed in counterparts, all of which taken together will be considered one original document.
10 18 October 3, 2022 Item 07
A
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
c OF DEL KLEINFELDER, INC
Scott Huth, City Manager Nathan Johnson, PhD, PE
VP, Segment Manager
Signature
Name/title of signatory [if necessary]
Ashley Jones, Services Director
Signature
APPROVED AS ÏO FORM
Leslie , City Attorney
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CAMINO DEL MAR BRIDGE
BRIDGE #57C0209
EXHIBIT A-1

SCOPE OF WORK
AMENDMENT I:

PRELIMINARY ENGINEERING &

ENVIRONMENTAL DOCUMENTATION
SUBMITTED BY:

KLEINFELDER, INC.
(SIMON WONG ENGINEERING)
DATE:

August 12, 2016
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TABLE OF CONTENTS
I. PROJECT LOCATION ................................................................................................... 4 II. PROJECT BACKGROUND............................................................................................ 4 III. PROJECT OBJECTIVE .................................................................................................. 5 IV. CONSULTANT REQUIREMENTS ............................................................................... 5 V. WORK TO BE PERFORMED BY CONSULTANT .................................................... 6 WORK STAGE B – PRELIMINARY ENGINEERING & ENVIRONMENTAL DOCUMENT ..... 6 Task 1: PROJECT MANAGEMENT .......................................................................................... 6

1.1 Project Administration .................................................................................................. 6

1.2 Project Controls ............................................................................................................ 6

1.2.1 Schedule and Milestones ........................................................................................ 6

1.2.2 Progress Reports and Invoices .............................................................................. 6

1.2.3 Document Control .................................................................................................. 6

1.3 QC/QC Plan and Program ........................................................................................... 7 Task 2: COORDINATION AND MEETINGS ............................................................................ 7

2.2 Stakeholder Coordination Meetings ............................................................................. 7

2.3 Team Meetings .............................................................................................................. 8 Task 3: PRELIMINARY ENGINEERING .................................................................................. 8

3.1 Research and Data Gathering ............................................................................................ 8

3.1.1 Gather Existing Data ............................................................................................. 8

3.1.2 Field Survey and Mapping ..................................................................................... 8

3.1.4 Utility Research and Mapping ............................................................................... 9

3.1.5 Potholing .............................................................................................................. 10

3.1.6 Additional Topographic Survey ........................................................................... 10

3.2 Develop Preliminary Project Alternatives .................................................................. 10

3.2.1 Alternatives Identification .................................................................................... 10

3.2.2 Preliminary Bridge Staging Plans ....................................................................... 11

3.3 Prepare Draft Bridge Hydraulics Report ................................................................... 11

3.3.1 Field Review and Data Gathering ....................................................................... 11

3.3.2 Hydraulic Evaluation ........................................................................................... 11

3.3.3 Sediment Transport Analysis ............................................................................... 12

3.3.4 Prepare Report .................................................................................................... 12

3.4 Preliminary Geotechnical Reports .............................................................................. 12

3.4.1 Preliminary Foundation Report ........................................................................... 12 21 October 3, 2022 Item 07
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3.42 Preliminary Geotechnical Report ......................................................................... 13

3.5 Traffic Study ................................................................................................................ 14

3.5.1 Traffic Data .......................................................................................................... 14

3.5.2 Operational Analysis ........................................................................................... 15

3.5.3 Construction Conditions and Recommendations ................................................. 16

3.5.4 Traffic Report ........................................................................................................ 16

3.6 Utility Conflict Matrix ................................................................................................. 17

3.7 Roadway Concept Layouts .......................................................................................... 17

3.8 Architectural Concept Designs ................................................................................... 17

3.9 Advance Planning Studies ........................................................................................... 18

3.10 Preliminary Drainage Report ..................................................................................... 18

3.11 Water Quality Study .................................................................................................... 18

3.12 Prepare Preliminary Environmental Study (PES) ...................................................... 19

3.13 Field Review Meeting .................................................................................................. 19 Task 4: ENVIRONMENTAL TECHNICAL STUDIES ............................................................. 20

4.1 Technical Studies Management................................................................................... 21

4.2 Project Description ..................................................................................................... 21

4.3 Wetlands Delineation .................................................................................................. 21

4.4 Lagoon Health Assessment ......................................................................................... 22

4.5 Historical Property Survey Report and Archaeological Survey Report ..................... 22

4.6 Environmental Site Assessment ................................................................................... 23

4.7 Species Surveys ........................................................................................................... 23

4.7.1 Sensitive Plants .................................................................................................... 23

4.7.2 Sensitive Animals ................................................................................................. 24

4.8 Biological Assessment ................................................................................................. 24

4.9 Air Quality and Greenhouse Gas ................................................................................ 25

4.10 Noise Study .................................................................................................................. 25

4.11 Section 4(f) Evaluation ................................................................................................ 26

4.12 Community Impacts Technical Memorandum ............................................................ 27

4.13 Visual Impact Assessment ........................................................................................... 28

4.14 Conceptual Mitigation Plan ........................................................................................ 28 Task 5: PUBLIC OUTREACH .................................................................................................... 29 22 October 3, 2022 Item 07
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5.1 Public Meetings........................................................................................................... 29

5.2 Information Exchange ................................................................................................. 29 Task 6: ENVIRONMENTAL DOCUMENT.............................................................................. 29

6.1 Draft Initial Study/Mitigated Negative Declaration ................................................... 29

6.2 Public Review .............................................................................................................. 30

6.3 Mitigation Monitoring and Reporting Plan ................................................................ 30

6.4 Final Initial Study/Mitigated Negative Declaration ................................................... 30

6.5 NEPA Support ............................................................................................................. 30 Task 7: PROJECT REPORT ................................................................................................... 30

7.2 Final Project Report ................................................................................................... 31 Task 8: 30% DESIGN BASIS ................................................................................................... 31 VI. ADDITIONAL SERVICES............................................................................................ 32 VII. WORK TO BE PERFORMED BY THE CITY............................................................... 32 VIII. DESIGN STANDARDS .................................................................................................. 33 IX. PAYMENT OF FEE FOR CONSULTANT SERVICES ............................................ 33 X. METHOD OF PAYMENT............................................................................................. 34 XI. PROJECT SCHEDULE ................................................................................................. 34 23 October 3, 2022 Item 07
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I. PROJECT LOCATION
The Camino Del Mar Bridge over the San Dieguito River (#57C-0209) is located within the City of Del Mar, west of Interstate 5, south of Via De La Valle and north of 29th Street (Thomas Guide:
1187-F2).

II. PROJECT BACKGROUND
The Camino Del Mar Bridge (#57C-0209) is an 11-span reinforced concrete T-beam structure that was constructed in 1932 and widened in 1952. In 2000, the traffic barriers were upgraded using metal tubular railings, and the metal and timber pedestrian walkway was replaced. It should be noted, at that time the bridge was not considered Structurally Deficient (SD). However, in 2006 the Sufficiency Rating (SR) was listed as 43.2, and in 2010, it was listed as 61.5 and SD, primarily due to poor condition of the superstructure. Therefore, the bridge is currently on the “Eligible Bridge List.”
Significant signs of superstructure deterioration in the form of cracks and spalls have been identified from corrosion of reinforcing steel. These signs have appeared primarily on the underside of exterior girders that are part of the widened structure and on tops of braces that span between beams. As-built plans indicate the bridge piers and abutments are supported on concrete footings with timber piling located approximately 20 feet below the existing ground elevation.

This type of foundation may become unstable during a seismic event if the supporting stratum liquefies. Available subsurface field-test data within the surrounding lagoon suggests high potential for liquefaction and lateral spreading. In addition available scour data for this bridge reveals local scour below the bottom of footing.

Supporting one vehicular lane of traffic and one bicycle lane in each direction and a 7-foot raised median plus a barrier-separated pedestrian walkway, the bridge is generally adequate for functional requirements of the site. Peak traffic demands (20,000 ADT) occur on weekends and during special events at the nearby Del Mar Racetrack. The Camino Del Mar Bridge is located within the recently restored San Dieguito Lagoon and, therefore, any alternatives to upgrade the bridge must consider health of the lagoon and not negatively impact sediment transport or tidal flow.

Work Stage A of this scope of work was to perform preliminary structural assessment of the bridge and determine rehabilitation required to remove the bridge from the “Eligible Bridge List.” The result of Work Stage A was a Rehabilitation Strategy Report that confirmed issues of deterioration due to corrosion, and identified several additional items that require corrective action, including collapse vulnerability during the design seismic event, scour criticality, and a backwater condition during the design flood. It was concluded that replacement is clearly the most cost effective solution to address rehabilitation needs.

In October 2012, Caltrans provided concurrence with the bridge replacement scope as recommended by the Rehabilitation Strategy Report prepared by Simon Wong Engineering (Kleinfelder) on behalf of the City of Del Mar. Caltrans determined that a bridge replacement should be more practical, reasonable, and cost effective than a bridge rehabilitation project.

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III. PROJECT OBJECTIVE
Services performed for this project are anticipated in the following five work stages. Work Stage A is complete. The objective of this scope is Work Stage B.

Work Stage A – Rehabilitation/Retrofit Strategy (past agreement) Work Stage B – Preliminary Engineering & Environmental Documentation (amended agreement) Work Stage C – Regulatory Permitting and Final Design (future amendment) Work Stage D – Construction Bidding and Award Support (future amendment) Work Stage E – Design Support during Construction (future amendment) The main objective of Work Stage B is to prepare the necessary environmental documentation to clear the project and initiate the permit applications for construction of the new bridge. Consultant will prepare technical reports documenting all preliminary engineering work performed in support of the environmental documentation.

The following scope of work has been developed based on the current understanding of the required process; however, it should be noted that additional tasks and schedule adjustments may be required as this phase develops.

IV. CONSULTANT REQUIREMENTS
A. Consultant designates Nathan Johnson, P.E., as its representative and is empowered to manage this project. The City must approve any subsequent changes to the designated engineer.

B. Inquiries from the public, media, and other agencies shall be referred to the City’s designated project manager.

C. Unless otherwise specified under Section VII of this scope, Consultant shall furnish and/or prepare all materials, data, and information needed to conduct studies and perform the tasks and activities outlined in this scope of services.

D. Consultant shall perform all tasks and activities incidental to the required services and preparation of the deliverables under this contract.

E. All reports, technical provisions, engineer’s estimate, and other required documents shall be submitted on CD in Microsoft Word.

F. Consultant shall prepare deliverables and supporting structural and non-structural calculations in accordance with the methods, procedures, and guidelines contained in the references listed under Section VIII “Design Standards” in a manner consistent with a high level of professional skill, care, and accuracy.

G. Most expenditures incurred by the City on this project will be eligible for federal reimbursement. Therefore, the contract documents are subject to review and approval by Caltrans.

H. All deliverables and supporting documentation shall be prepared based on English values using English Units.
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V. WORK TO BE PERFORMED BY CONSULTANT
WORK STAGE B – PRELIMINARY ENGINEERING & ENVIRONMENTAL

DOCUMENT
Work to be performed by Consultant for “Work Stage B” shall consist of the following items:

Task 1: PROJECT MANAGEMENT
This task includes effort associated with Work Stage B for administration, schedules, quality assurance/quality control (QA/QC), document control, and oversight of self-performed and subconsultant work.

1.1 Project Administration
 Maintain the project specific management plan and update project-related information including project organization chart, contact information for all members of the team, task tracking, and a deliverables list.  Oversee and manage execution of all deliverables for Work Stage B including work planned to be performed by subconsultants.
 Supervise, coordinate, and monitor work for conformance with City, County, State, and applicable federal standards and policies.
 Prepare, circulate, and file correspondence and memos as appropriate.

1.2 Project Controls

1.2.1 Schedule and Milestones
Consultant will prepare a detailed project schedule which indicated milestones, major activities, and deliverables. The schedule will reflect assumed review times necessary by all stakeholder agencies. Schedule and milestone changes related to Work Stage B efforts will be tracked, and schedule will be updated as necessary.

Schedule updates will be discussed at the monthly PDT meetings.

1.2.2 Progress Reports and Invoices
Consultant will include efforts of Work Stage B within monthly progress reports.

The progress will be provided and discussed at the monthly PDT meeting and will be attached to the invoice for the same period of performance.

1.2.3 Document Control
Consultant will manage paper and electronic files, transmittal forms, submittals, letters, correspondence, and other documents. Consultant will use a program such as SharePoint for managing and storing files, including CAD drawings.

Assumptions
 24-month Duration
Deliverables
 Project Schedule at Notice-to-Proceed (NTP)
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 Monthly Project Schedule Updates
 Monthly Progress Reports and Invoices

1.3 QC/QC Plan and Program
A project specific QA/QC plan will be developed that will establish protocols and procedures for team members to follow to ensure current project data and policies are used in project development. The QA/QC plan will remain in force during the performance of the services identified herein. All reports, plans, studies, estimates, and other documents submitted will be complete, accurate, checked, and proofread to meet professional engineering practices and the standard of care in effect at the time of execution of the scope. Each deliverable will identify the person responsible for developing the document and the person responsible for quality control of the document. Consultant will maintain written records of all activities.

Deliverables
 QA/QC Plan
 QA/QC Documentation for Deliverables
Task 2: COORDINATION AND MEETINGS

2.1 Project Development Team Meetings
A Project Development Team (PDT) including representatives from the City, Caltrans, and other relevant agencies will be established within 15 days after NTP.

PDT meetings shall be held monthly to resolve issues and to apprise the affected agencies of the progress of the project. A kick-off meeting with the PDT (PDT Meeting No. 1) shall be held as soon as possible after NTP. Twenty-four (24) PDT meetings are assumed.

Assumptions
 Consultant lead 24 PDT meetings
 Environmental Task Lead attend 24 PDT meetings
Deliverables
 Monthly Presentations (PowerPoint)
 Monthly Meeting Minutes

2.2 Stakeholder Coordination Meetings
In addition to regular PDT meetings, Consultant will coordinate as needed with Caltrans, SANDAG, and other stakeholders.

Assumptions
 Up to 12 Meetings for Consultant Project Manager and 6 for Environmental Task Lead
Deliverables
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 Meeting Minutes

2.3 Team Meetings
The Kleinfelder design/environmental team will hold regularly scheduled internal team meetings to facilitate internal team coordination and track progress and deliverables. Team meetings will begin with an internal team kick-off meeting.

Team meetings will be monthly teleconference meetings (one hour) for the duration of this work.

Assumptions
 Consultant to lead 24 Meetings
 Environmental Task Lead to attend 24 Meetings
 Other Task Leads to attend 6 Meetings
Task 3: PRELIMINARY ENGINEERING

3.1 Research and Data Gathering

3.1.1 Gather Existing Data
Consultant will obtain and review existing maintenance reports, study reports, local street improvement/development plans, and other pertinent data.

3.1.2 Field Survey and Mapping
An aerial topographical map (digital color format with a 0.5’ resolution or better) and supplemental field surveys will be completed and assembled into an AutoCAD format base map. A digitally rectified orthographic photo, with a scale of 1”=40’ with a one-foot contour interval and half-foot supplemental contours, will be obtained/produced for this area. The “area” is 1000 feet to the east and west, and 2000 feet to the north and south of the existing Camino Del Mar Bridge.

Field surveying shall identify existing topographical features, right-of-way (including all critical points) and tie out, and any and all existing survey monuments that may be disturbed by the work. Street centerline and centerline stationing will be established to an accuracy of one-tenth (0.1) foot. Consultant shall establish one field survey datum or benchmark which was used in the design for use during construction and all elevations, dimensions, and other measurements necessary to establish proper line and grade.

Cross Sectional Information
50-foot cross sections will be obtained/produced along Camino Del Mar between Sandy Pointe and 500 feet north of the San Dieguito River. Cross sections of the abutment slopes will also be obtained/produced.

Existing driveways along Camino Del Mar between Sandy Pointe and 500 feet north of the San Dieguito River will also be profiled. The driveway profiles will extend into the existing parking lots to determine the existing drainage patterns.
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Planimetrics
Planimetrics will be obtained/produced from the aerial and will include key design features such as driveways, curb and gutter, storm drain manholes and outlets, bridge limits, sidewalks, signal equipment, building boundaries, and visible utilities. Right-of-way boundaries will be obtained/produced from record drawings.

Bridge Survey
The existing bridge will be surveyed to determine the location and elevation of the deck, soffit, sidewalk, top of railings, and utilities. Along the bridge length, these items will be surveyed every 20 feet. Columns will be surveyed at the top four corners.

River Delineation
Channel cross sections will be completed approximately 100 feet up and down stream of the bridge on a 50-foot interval (total of 5 sections). Cross section data needed will be coordinated with the hydraulic engineer. Data will be used to supplement existing information from SANDAG and update the hydraulic analysis.

Deliverables
 Digital Aerial Mapping and Survey Data
 Georeferenced Survey in AutoCAD Format
 Georeferenced Base Mapping in AutoCAD Format

3.1.3 Right-of-Way Mapping
Existing right-of-way maps will be researched, surveyed, and transferred to the project base map. It is assumed that alternatives fall within the existing right-ofway; however, if requested Consultant will develop right-of-way plats, legal descriptions, and easement documents as an additional service.

Deliverables
 Georeferenced ROW Base Map in AutoCAD Format

3.1.4 Utility Research and Mapping
Consultant will coordinate with utility owners and City utility coordination staff with respect to all utility-related matters. Consultant will provide copies of all correspondence with utility companies and other utility-related information to the City. Correspondence, as described herein, will be prepared by Consultant for either Consultant or City signature, as appropriate, and as directed by the City.

Consultant will coordinate with City staff to obtain record copies of utility maps from each utility owner within the project limits for existing and/or proposed utility facilities. Consultant will include mapping and/or exhibits that clearly define the project limits as part of the requests for utility information. 29 October 3, 2022 Item 07
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Consultant will identify utility companies affected by the project and delineate utilities within the project’s sphere of influence on the exhibits.

A project base map will be prepared, which will include all existing utilities (above ground and below ground) identified by location, size, type, and owner, as appropriate. In addition to information provided by the owning utility companies and through research of other record maps, utility features such as manholes, valves, fire hydrants, poles, risers, etc., will be corroborated with survey data and reflected on the plans.

Assumptions
 County setting monuments and filing maps with the county are excluded Deliverables
 Georeferenced Utility Base Map in AutoCAD Format

3.1.5 Potholing
Consultant will perform potholing to confirm location of utilities or buried conflicts that may exist to replace the bridge. Scope assumes up to 15 potholes.

Deliverables
 Pothole Data Report (Draft)
 Pothole Data Report (Final)

3.1.6 Additional Topographic Survey
Consultant will perform topographic survey beyond Task 3.1.2 to support design on an as-needed basis. As-needed survey may include, but is not limited to, utilities, appurtenances, and location of potholes. Scope assumes up to 20 hours of survey time.

Deliverables
 Digital Survey Data
 Georeferenced Survey in AutoCAD format

3.2 Develop Preliminary Project Alternatives

3.2.1 Alternatives Identification
Consultant will identify appropriate alternatives for development and analysis.

Alternatives will be generally based on replacing the existing two-lane structure with a new structure that carries two vehicular lanes, two bike lanes, and two sidewalks. The replacement staging will be capable of maintaining vehicular, bicycle, and pedestrian traffic.

Several alternatives will be documented considering variables including, but not limited to: funding program, environmental constraints, right-of-way, constructability, long-term needs, construction staging, hydraulics, and cost.

Alternatives that are considered, but rejected, will be documented as such. Up to 30 October 3, 2022 Item 07
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four alternatives will be developed as anticipated from previous work documented in the 2012 Final Camino Del Mar Strategy Report. Following are major variables that are anticipated for the alternatives that will be studied in detail during the preliminary engineering phase:
 Cast-in-place vs. precast/hybrid
 Reduced lane width and shared bike/vehicle lanes during construction  Required profile at south end of bridge to clear 100-year flood Alternatives for study during the preliminary engineering phase will be presented to the PDT and documented in a Preliminary Project Alternatives Memorandum.

A draft matrix of alternatives will be developed, which will be updated and finalized during Task 7, Project Report.

3.2.2 Preliminary Bridge Staging Plans
Preliminary construction staging for the bridge replacement will be developed to illustrate preliminary project alternatives. Staging will consider structural geometry to ensure desired width for maintenance of traffic can be maintained, and that final condition is optimally located within the existing right-of-way.

Preliminary staging will be used to illustrate preliminary alternatives, and as the basis for alternatives assessment, within preliminary engineering tasks.

Deliverables
 Preliminary Project Alternatives Presentation
 Draft Matrix of Alternatives

3.3 Prepare Draft Bridge Hydraulics Report
Consultant will prepare hydraulic report and will evaluate the impact that the proposed structures may have on the river. Report will identify the general scour, and local scour that is expected at the supports. The following tasks will be performed:

3.3.1 Field Review and Data Gathering
Consultant will conduct a field review of the site as well as upstream and downstream reaches in order to observe the physical conditions and confirm existing assumptions. Consultant will obtain and review existing hydrologic and hydraulic data including flow rates, aerial photographs, topographic data, FEMA studies, proposed upstream railroad bridge, etc.

3.3.2 Hydraulic Evaluation
Consultant will prepare a hydraulic evaluation of up to three bridge alternatives using HEC-RAS. The analyses will be based on the accepted 100-year flow rates.

A debris factor will be applied to the bridge piers, if appropriate. Coordination will be performed with team members to develop alternatives that will minimize flood inundation, channel erosion, environmental impacts, and construction costs. The hydraulic analyses will be used to provide the bridge opening dimensions, low 31 October 3, 2022 Item 07
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chord elevation with consideration given to freeboard requirements, and the bridge alignment.

Consultant will perform preliminary design of the preferred bridge alternative. The design will include tasks necessary to finalize the HEC-RAS analysis of the preferred alternative. In addition, local scour analyses of the piers will be performed to determine additional protection required for these structures.

3.3.3 Sediment Transport Analysis
Consultant will prepare a sediment transport analysis to determine the general scour at the bridge. This will ensure that the bridge piers and appurtenances are adequately designed for channel bed scour. A FLUVIAL-12 analysis will be performed to determine the general scour and a summary of the FLUVIAL-12 analysis results will be included in the report.

3.3.4 Prepare Report
Consultant will prepare a report summarizing the analysis results and recommendations. A comparison of the alternatives will be included along with identification of the preferred alternative.

Assumptions
 Up to two rounds of comments
Deliverables
 Preliminary Hydrology and Hydraulics Report (Draft)
 Preliminary Hydrology and Hydraulics Report (Final)

3.4 Preliminary Geotechnical Reports

3.4.1 Preliminary Foundation Report
The Preliminary Foundation Report (PFR) will be prepared for the proposed bridge structure in accordance with Caltrans Guidelines for Preparing Preliminary Foundation Reports. Existing cone penetration test (CPT) and boring data obtained by SANDAG during preliminary engineering for adjacent railroad bridge replacement will be used. Data includes one CPT and one resonant sonic boring at each end of the Camino Del Mar Bridge. No additional subsurface evaluation or field evaluations are included in this scope of work. Such evaluation will be scoped in Work Stage C.

The report will include a general project description, boring location plan, log of test boring (LOTB), and laboratory test results. All foundation recommendations will be in accordance with the most recent AASHTO LRFD Bridge Design Specifications and Caltrans Memos to Designers. The PFR will provide the following:
 Seismic design criteria
 Groundwater
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 Liquefaction potential and dynamic settlement
 Fill settlement
 Slope stability and lateral spreading
 Cast-in-drilled hole (CIDH) and/or cast-in-steel-shell (CISS) pile capacities  Lateral earth pressures
 Corrosion potential
 Excavation characteristics
 Fill materials
 Pavement sections
 Construction considerations, as applicable
 Assessment of seismically induced liquefaction within the river channel  Assessment of slope stability and seismically induced lateral spreading  Any special issues regarding groundwater, difficult excavation, expansive soils, scour or other hazards encountered in the borings
 Alternative types of foundations including traditional CIDH, and CIDH with permanent casing will be evaluated in consultation with the project structural engineer to allow selection of the most suitable type of foundation  Structure foundation type and foundation elevations
 Allowable bearing and pile capacities to evaluate the selected foundation  Anticipated fill settlement periods needed to prevent excess differential settlement between the structure and adjacent roadway approaches  Gradation parameters for scour analysis

3.42 Preliminary Geotechnical Report
Preliminary Geotechnical Report (PGR) will be prepared to provide roadway pavement and embankment recommendations. Existing CPT and boring data obtained by SANDAG during preliminary engineering for adjacent railroad bridge replacement will be used. The report will include a general project description, LOTB, and laboratory test results. The PGR will provide the following:
 Seismic design criteria
 Cut and fill requirements and any special issues regarding groundwater, difficult excavation, expansive soils or other hazards encountered in the boring  Slope stability analyses on all the new slopes and recommendations for construction
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 Recommendations for the reuse of excavated materials and volumes of such (swell and/or shrinkage factors to be applied) and the estimated quantity of import/export fill
 Foundation and construction recommendations for the Standard Plan structures, if any (such as standard plan retaining wall)
 New structural pavement sections and recommendations for connecting into the existing pavement sections
Assumptions
 The two borings (Borings B-7 and B-8) and two CPT (CPT-11 and CPT-12) that were previously performed by Ninyo & Moore will be presented on LOTB sheets in accordance with Caltrans LOTB guidelines.
 Up to two rounds of comments from the City and Caltrans Deliverables
 Preliminary Foundation Report (Draft)
 Preliminary Foundation Report (Final)
 Preliminary Geotechnical Report (Draft)
 Preliminary Geotechnical Report (Final)

3.5 Traffic Study
Consultant will develop a technical report to use for the basis of environmental discussion. It is assumed the replacement structure will provide one lane of traffic in each direction, similar to the existing bridge. During construction, it is anticipated the bridge will have reduced width, but staged to maintain one lane of traffic in each direction. Facilities for bicycle and pedestrian traffic will also be maintained.

The study will include two major components. The first will be to confirm the ability of proposed final condition to accommodate future traffic volumes. The second will be to assess and define construction traffic impacts and possible mitigation during construction. Vehicular, bicycle, and pedestrian traffic will be considered.

3.5.1 Traffic Data
Consultant will obtain morning and afternoon peak hour traffic, pedestrian and bicycle counts at up to four intersections and daily traffic counts at up to five street segments. It is anticipated that the study will include the following intersections and street segments:

Intersections
 Highway 101 - Camino Del Mar / Via De La Valle
 Camino Del Mar / Coast Boulevard
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 Jimmy Durante Boulevard / Via De La Valle
 Jimmy Durante Boulevard / San Dieguito Drive
Street Segments
 Camino Del Mar, from Via De La Valle to Coast Boulevard  Camino Del Mar, from Coast Boulevard to Jimmy Durante Boulevard  Jimmy Durante Boulevard, from Via De La Valle to South Fair Access  Jimmy Durante Boulevard, from South Fair Access to Camino Del Mar  Via De La Valle, from Highway 101 to Jimmy Durante Boulevard Consultant will conduct a field review of the existing conditions in the study area and will take photos for documentation.

Consultant will research and obtain the latest three-year accident data for the project limits. This data will be used to assess conditions during construction staging and for the proposed condition.

Assumptions
 The City of Del Mar indicated that the City has recent traffic data available for this project. This scope of work assumes that data is available for the four intersections and five street segments noted above.

3.5.2 Operational Analysis
An operational analysis based on level of service (LOS) will be performed for the study intersections and street segments under the following analysis scenarios:
 Existing Conditions
 Existing Plus Construction Conditions
 Proposed Future Conditions (Horizon Year 2040)
The Highway Capacity Manual (HCM) methodology will be used for the intersection analysis, and the street segments will be analyzed based on volume to capacity ratios.

Under the construction conditions scenario, it is assumed that some traffic will divert to Jimmy Durante Boulevard or I-5 to avoid delay and queuing on Camino Del Mar during the bridge construction. Consultant will manually redistribute existing traffic volumes to reflect the construction conditions.

The SANDAG Series 12 Model will be used to derive Horizon Year 2040 volumes for the study street segments and intersections. The Series 12 forecast volumes for 2035 or 2050 will be interpolated to derive Horizon Year 2040 volumes. The Series 12 Model for the years 2035 and 2050 assumes the existing two-lane capacity for Camino Del Mar south of Via De La Valle; therefore, multiple horizon year scenarios will not be necessary.
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Based on the findings of the operational analysis, potential mitigation measures will be identified to address construction conditions and proposed future condition impacts.

The project team will provide input and analysis for proposed condition. This includes evaluating traffic-related criteria as part of the bridge geometric determination. Resulting data will include traffic volumes, design speeds, and sight distance considerations.

3.5.3 Construction Conditions and Recommendations
The project team will provide input and analysis of conditions during construction and construction staging. This effort will include the following:
 Prepare up to six traffic control concept exhibits for construction staging  Define and describe construction activity and duration for each stage  Determine delay and queuing that is expected to result from construction  Identify and discuss mitigation measures that would be recommended to avoid or minimize construction impacts
 Identify and define special events to avoid during construction

3.5.4 Traffic Report
A report will be prepared that summarizes the findings of the analysis and the recommendations for the proposed condition and during construction staging. The report will include, but not be limited to the following:
 Project Description
 Analysis Methodology
 Existing Conditions
 Proposed (Horizon Year 2040) Conditions
 Construction Conditions
 Impacts and Mitigation
 Conclusions
The report will include graphics and tables that support the analysis results of the traffic study.

Assumptions
 Up to two rounds of comments
Deliverables
 Traffic Study (Draft)
 Traffic Study (Draft Final)
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 Traffic Study (Final)

3.6 Utility Conflict Matrix
Consultant will prepare a preliminary utility conflict matrix, linked to owner utility or franchise agreement records, documenting facilities in conflict with the proposed construction. Preliminary utility relocation costs will be evaluated and provided in the form of a utility protection and relocation cost estimate.

Deliverables
 Above and Below Ground Preliminary Utility Conflict Matrix  Preliminary Utility Cost Estimate

3.7 Roadway Concept Layouts
Consultant will prepare up to three roadway concept layouts for the considered alternatives. Each concept will include the baseline structure and condition for reference. Concepts will be coordinated with the preliminary bridge staging plans and preliminary traffic control concepts. Variables for the three roadway concepts will likely be bridge width and lateral location at the river crossing for the final condition (based on bridge staging), and bridge profile adjustments to meet hydraulic demands.

Assumptions
 Up to two rounds of comments
Deliverables
 Roadway Concept Layouts and Presentation Exhibits

3.8 Architectural Concept Designs
Consultant will prepare conceptual designs for enhanced architectural features within the project including bridge color (integral concrete), hand railings, pedestrian sidewalk/look out mini-plazas, and surface patterns/treatments that may be engineered into the bridge design. Scope includes researching Del Mar City themes/documents, nearby transportation architecture, and the history of the City and surrounding area. Initial submittal will be a series of hand sketch concept visualizations, up to three concepts for of each feature. Final submittal will include a refined sketch for each feature.

Assumptions
 One team review session is included (architect time)
 One round of revisions to each deliverable
Deliverables
 Initial Aesthetic Treatment Concepts
 Final Aesthetic Treatment Concept
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3.9 Advance Planning Studies
Consultant will prepare up to four Advance Planning Studies (APS) for the considered alternatives. For each APS, the deliverable will include a preliminary general plan and design memorandum identifying the design assumptions, probable construction methods, constraints, and project impact area.

Deliverables
 Advance Planning Studies (Draft)
 Advance Planning Studies (Final)

3.10 Preliminary Drainage Report
A Preliminary Drainage Report will be prepared to document hydrologic and hydraulic calculations necessary to complete drainage improvement plans related to the bridge replacement project. The report will evaluate the on-street flows along Camino Del Mar on the bridge and adjacent approaches. Prior to developing hydrology calculations, a thorough field reconnaissance will be conducted. Available documents pertinent to this Preliminary Drainage Report will be obtained from the City for review. The Preliminary Drainage Report will quantify the magnitude and frequency of design flows from the project area, attributable to the proposed improvements.

Assumptions
 Up to three roadway concept layouts will be considered  The Preliminary Drainage Report will be performed per the County Hydrology Manual Rational Method
Deliverables
 Preliminary Drainage Report (Draft)
 Preliminary Drainage Report (Final)

3.11 Water Quality Study
Consultant will perform a Storm Water Analysis for the proposed project in complete compliance with the latest County guidelines. The plan will include the following:
 Coordination with the City and other local agencies involved regarding water quality requirements
 Coordination with design team and environmental team on locations and size of Best Management Practices (BMP) such as of bioswales, biostrips, storm water detention basins, etc.

Consultant will prepare a Water Quality Management Plan (WQMP) equivalent to Caltrans Storm Water Data Report (SWDR) including:
 Preparation of maps depicting existing conditions
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 Preparation of preliminary BMP plans
 Preparation of report and documentation
Assumptions
 This subtask does not include coordination or processing with Regional Water Quality Control Board (RWQCB).

Deliverables
 NPDES Decision Tree and SWDR or Equivalent (Draft)
 NPDES Decision Tree and SWDR or Equivalent (Final)

3.12 Prepare Preliminary Environmental Study (PES)
Once the build alternatives to carry forward as part of the Project Approval/ Environmental Document (PA/ED) phase have been identified by the project team, a current Caltrans Preliminary Environmental Study (PES) form will be prepared for submittal to the City first and then to Caltrans for review. The purpose of the PES is to identify and receive concurrence from Caltrans regarding the technical studies that will need to be prepared for the proposed project and to receive concurrence regarding the environmental document to be prepared. The PES will be prepared using existing, available information prior to completion of Task 4. As directed in the PES, cultural information will be provided entirely by Caltrans. One revision to the PES will be provided following the field review meeting and Caltrans review. Figures will include a vicinity map, a location map, and the project layouts. The PES will also include an ISA Checklist, Flood Insurance Rate Map, and Visual Assessment Guide checklist.

Deliverables
 Preliminary Environmental Study (Draft)
 Preliminary Environmental Study (Final)

3.13 Field Review Meeting
An initial informal field review meeting was completed March 2012 when this project was programmed for rehabilitation. A formal field review meeting will be held that will include Caltrans, City, Consultant, and other representatives as applicable. The purpose of the formal field review will be to:
 Gather representatives from various involved or interested agencies including regional/permitting agencies, utilities, metropolitan planning organizations (SANDAG), and Caltrans to discuss project alternatives to be considered for environmental studies
 Secure agreement on general design features or exceptions to AASHTO/Caltrans standards
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 Identify and discuss right-of-way needs
 Confirm approach for technical studies to support the National Environmental Policy Act (NEPA) document
 Discuss programming, funding, and schedule
It is understood the District Local Assistance Engineer (DLAE) will lead the field review. Consultant will prepare for, schedule, attend, and document the field review meeting in support of Caltrans and the City. In preparation for the meeting, Consultant will provide Field Review Form (7-B, 7-C, and 7-D), Draft PES, and summary from preliminary engineering effort including alternative sketches.

Task 4: ENVIRONMENTAL TECHNICAL STUDIES
This task includes the preparation of technical studies expected to be needed to support the environmental review process. The task includes overall management of the technical specialists and preparation of individual technical reports, as described below.

All technical studies will be consistent with the requirements of NEPA and the California Environmental Quality Act (CEQA), as well as those of related environmental statutes and regulations. The technical studies will be prepared to cover both related statutory documentation requirements and to support preparation of NEPA and CEQA documents required for project approval. The scope of the technical studies will be reviewed and confirmed with the City and Caltrans at the field review meeting.

Preparation of technical analyses and reports will follow local, state, and federal environmental guidelines, primarily consisting of the Caltrans SER website, Caltrans Local Assistance Procedures Manual, local and Federal Highway Association (FHWA) Technical Advisory 6640.81, Guidance on Preparing and Processing Environmental and Section 4(f) Documents. The formats to be used for the technical studies will follow the guidance available on the Caltrans SER website as of the date that those studies are initiated.

Unless indicated, the reports will be formatted to allow a single report to meet the needs of Caltrans and the City in conducting their respective environmental reviews. Technical studies include a standardized project description, a methodology relevant to each topic area, description of the affected environment, impact assessment, and mitigation measures. The administrative draft technical study will be submitted to the City (electronically) and then to Caltrans (three copies) for review. Upon receipt of comments from City and Caltrans, the revised technical studies will be submitted to the City (electronically) and to Caltrans (three copies) for concurrent review.

Following Caltrans and City second review, a revisions workshop will be held, if needed, to address any outstanding comments. Following the revisions workshop, if needed, a final version of each report will be prepared. The final technical studies will be submitted (electronically to City and three copies to Caltrans) for final concurrence (no additional comments are assumed to be received associated with the final concurrence review).

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4.1 Technical Studies Management
Consultant will coordinate the overall preparation of technical studies. This work will include: (1) coordination with technical specialists to assure the timely flow of information needed to meet schedules, and (2) reviewing technical studies to assure that the studies are consistent with one another, and meet needs of the environmental review process.

4.2 Project Description
Consultant will draft a preliminary project description to form the basis for the project descriptions within each technical report. The project description will be reviewed and approved by the City and Caltrans prior to distribution to technical consultants.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Memo with Project Description

4.3 Wetlands Delineation
Consultant will complete a wetlands delineation map to the extent of potential jurisdictional waters and wetlands, including waters of the U.S. subject to the regulatory jurisdiction of the United States Corps of Engineers (USACE) pursuant to Rivers and Harbors Act Section 10 and/or Clean Water Act (CWA) Section 404; waters of the State subject to the regulatory jurisdiction of the RWQCB pursuant to CWA Section 401; streambed and riparian habitat subject to the regulatory jurisdiction of the California Department of Fish and Wildlife (CDFW) pursuant to California Fish and Game Code Sections 1600 et seq.; and coastal wetlands subject to the regulatory jurisdiction of the California Coastal Commission (CCC) pursuant to the California Coastal Act. The delineation will be conducted in accordance with current regulatory guidelines and protocols. The area to be surveyed will include the footprint of the new bridge plus 200 feet on either side.

The results of the delineation will be presented in a report that will include mapping of any wetland areas and jurisdictional areas. Consultant will coordinate with the USACE, RWQCB, CDFW, and CCC to gain concurrence on the wetland delineations within their respective jurisdictions.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Wetlands Delineation Report
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4.4 Lagoon Health Assessment
Considering the intent of the San Dieguito Lagoon Restoration, Consultant will evaluate proposed structure replacement impacts on sediment transport within the lagoon. Using the hydraulic modeling assumptions in Task 3.3, up to three alternatives will be evaluated. The evaluation will be summarized in a report that includes description of the lagoon sediment transport for the existing condition, and the proposed conditions. The summary will include figures as appropriate to illustrate the lagoon area and the existing and proposed bridge configurations.

Analysis results will be provided in table format, and digital modeling data will be provided as an appendix.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Lagoon Health Assessment Report

4.5 Historical Property Survey Report and Archaeological Survey Report Consultant will prepare a Historical Property Survey Report (HPSR) and an Archaeological Survey Report (ASR), based on an Area of Potential Effects (APE) exhibit for approval by the City and Caltrans. The map will include Assessor’s Parcel Numbers (APNs) with clearly delineated property boundary lines and be prepared in accordance with Caltrans requirements including scale, format, and signature lines.

Because compliance with National Historic Preservation Act (NHPA) is accepted by California as evidence of CEQA compliance, Consultant will implement the consultation process specified in the NHPA regulations (36 CFR 800) by following the detailed guidance set forth in Caltrans Standard Environmental Reference, Volume 2: Cultural (SER). This will also result in NEPA compliance with respect to cultural resources.

The work will include:
 Prepare and coordinate APE map with Caltrans
 Obtain record search to determine the existence of previously recorded resources
 Request a Sacred Lands File search from the Native American Heritage Commission (NAHC)
 Contact the Tribal contacts identified by the NAHC to identify Tribal Cultural Resources or other concerns
 Prepare log of Native American contact results
 Conduct research to prepare the HPSR and ASR
 Conduct and intensive field survey of the APE
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Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Historical Property Survey Report (Draft)
 Historical Property Survey Report (Final)
 Archaeological Survey Report (Draft)
 Archaeological Survey Report (Final)
 APE Exhibit (Draft)
 APE Exhibit (Final

4.6 Environmental Site Assessment
Consultant will perform a Phase I Environmental Site Assessment (ESA) in general accordance with ASTM E 1527-05, Standard Practice for Environmental Site Assessments, and will include the following:
 Review of regulatory agency and other records
 Site reconnaissance
 Historical information research of previous site uses and surrounding area  Past and present interviews of site owners to obtain information indicating Recognized Environmental Conditions (RECs)
 Prepare a Report of Findings for the site, including illustrations, photographs, and pertinent regulatory agency documentation.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Phase I ESA Report

4.7 Species Surveys
Consultant will complete required focused surveys to determine the presence/absence of sensitive plant and animal species within the project’s biological study area, which, in the absence of concurrence from Caltrans, is expected to include the bridge and areas within 200 feet of the bridge.

4.7.1 Sensitive Plants
Consultant will conduct rare plant surveys in the spring (April or May) and summer (June or July) to coincide with blooming periods of potentially occurring sensitive plant species. The results of the survey will be documented in the Natural Environmental Study (NES).
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Caulerpa Survey
Consultant will conduct a survey for the invasive exotic alga, Caulerpa taxifolia, in accordance with the Caulerpa Control Protocol (Version 4.0, adopted February 25, 2008). The results of the survey will be documented in a brief report and included in the NES.

Eelgrass Survey
Consultant will conduct a survey for eelgrass (Zostera marina), in accordance with the Southern California Eelgrass Mitigation Policy (Revision 11). The results of the survey will be documented in a brief report and included in the NES.

4.7.2 Sensitive Animals
Based on previous surveys of the bridge area, Consultant expects that focused, presence/absence and protocol-level surveys could be required within the biological study area for the following sensitive animals: Belding’s savannah sparrow (Passerculus sandwichensis beldingi), California least tern (Sternula antillarum browni), coastal California gnatcatcher (Polioptila californica californica), Pacific pocket mouse (Perognathus longimembris pacificus), Ridgeway’s rail (Rallus obsoletus) and western snowy plover (Charadrius nivosus ssp. nivosus) The final determination of which federally-listed species will require surveys will be made during initial Caltrans coordination with the United States Fish and Wildlife Service (USFWS).

Surveys will be performed in accordance with current USFWS and CDFW protocol, unless otherwise determined in consultation with these agencies. The results of the survey will be documented in a brief report and included in the NES.

Deliverables
 Survey Documentation (Draft)
 Survey Documentation (Final)

4.8 Biological Assessment
Consultant will prepare an NES consistent with Caltrans requirements. The NES will describe biological resources within the biological study area; incorporate the results of the wetland delineation in Task 4.3 and sensitive species surveys conducted in Task 4.7; quantify and analyze project impacts; and recommend mitigation measures to offset those impacts. The NES will address up to two project alternatives.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Natural Environment Study (Draft)
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 Natural Environment Study (Final)

4.9 Air Quality and Greenhouse Gas
Consultant will prepare an air quality and greenhouse gas (GHG) assessment for the project. Conformity with the Clean Air Act for regional operational emissions will be demonstrated by documenting that the project is consistent with the air quality analysis of the most recently approved SANDAG Regional Transportation Improvement Program and Regional Transportation Plan. Local emissions will be addressed in accordance with Caltrans Transportation Project Level Carbon Monoxide (CO) Protocol, if necessary.

Construction related emissions will be developed using EMFAC emission factors and compared with the federal Clean Air Act conformity de Minimis thresholds and the San Diego County Air Pollution Control District (SDAPCD) Air Quality Impact Analysis Guidelines. Dust control requirements and abatement measures consistent with the City and SDAPCD policies and regulations will be included in the analysis.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Air Quality and GHG Report

4.10 Noise Study
Consultant will prepare a noise study report (NSR) in accordance with Caltrans Traffic Noise Analysis Protocol and in the Standard Environmental Report (SER) format. Before starting the NSR, Consultant will prepare a work plan for City and Caltrans concurrence that includes a description of the proposed noise analysis methodology, assumptions, and noise abatement criteria.

The work will begin with an initial screening analysis to determine impact from potential construction noise or potential future traffic noise from the bridge and bridge approaches under both the noise abatement criteria (NAC) and City of Del Mar CEQA requirements. If no potential impacts are discovered, a noise screening report will be written and work terminated. If either potential construction or traffic noise impacts are identified, a full NSR will be prepared.

Consultant will conduct a field inspection within the project limits and conduct short-term (20-minute period) traffic noise model calibration measurements with simultaneous traffic counts at two measurement locations. In addition, long-term (continuous 24-hour period) measurements will be conducted at sensitive receptors in the four quadrants of the existing bridge area to define existing traffic noise levels and to calibrate the noise model.

The FHWA Traffic Noise Model (TNM) Version 2.5 will be used to model the existing bridge and approach roadway as a calibration point, using the traffic counts and measured noise levels obtained from Task 3.3. Consultant will update the TNM 45 October 3, 2022 Item 07
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model, as necessary, to include proposed bridge and approach roadway changes.

LOS C traffic flow conditions will be used as a basis for estimating the future traffic noise levels at the identified outdoor use areas along the project limits. It is anticipated that up to 10 receptors (including habitat areas) will be modeled and evaluated.

Consultant will determine whether estimated exterior noise levels at the outdoor use areas at the receptors will exceed the NAC and the appropriate City of Del Mar and CEQA standards. If so, Consultant will identify conceptual noise abatement techniques. A formal Noise Abatement Program will not be prepared.

Construction noise and vibration will also be qualitatively addressed in terms of potential impacts to humans, wildlife, and marine life.

The results of the analysis will be summarized in a report prepared in accordance with the Annotated NSR Outline contained on the Caltrans Standard Environmental Reference website (as of March 21, 2013). Consultant will make up to two rounds of revisions to the NSR in response to collective comments received from Caltrans and the City.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Noise Study Report (Draft)
 Noise Study Report (Final)

4.11 Section 4(f) Evaluation
Consultant will document the presence/absence of 4(f)-protected resources within the proposed project’s APE including publicly owned park or recreation areas, wildlife or waterfowl refuge of national, state or local significance, and/or any land of an historic site of national, state, or local significance (as determined by the federal, state, or local officials having jurisdiction over the park, area, refuge, or site). If 4(f) protected resources are identified in the project area, Consultant will evaluate potential direct and indirect impacts to 4(f) resources resulting from the project.

If determined with Caltrans that no 4(f) resources would be affected by the project, Consultant will prepare a “No Effect” memorandum in accordance with Caltrans requirements documenting: (1) 4(f) properties identified in the project area, and (2) that the project will not result in a “use” of such properties.

Consultant will ensure that the memorandum meets the format and content requirements of Caltrans.

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support de minimis impact findings. The memorandum will address the following:
 Applicability of Section 4(f) property proposed to be used by the project  A description of the use of the 4(f) property
 An explanation of why the use is de minimis
 Records of public involvement or Section 106 consultation  Any avoidance, minimization, and/or mitigation measures that are relied upon to make the de minimis finding
 Results of coordination with the official(s) with jurisdiction including written concurrence from official(s) with jurisdiction.

Caltrans will provide information regarding the public involvement and Section 106 consultation and will be responsible for coordination with the officials with jurisdiction over the property.

Up to two rounds of revisions to the Section 4(f) memorandum will be made based on the collective comments of the City and Caltrans.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Section 4(f) No Effect Memorandum or 4(f) de minimis Impact Findings Memorandum (Draft)
 Section 4(f) No Effect Memorandum or 4(f) de minimis Impact Findings Memorandum (Final)

4.12 Community Impacts Technical Memorandum
Consultant will prepare a Community Impacts (CIA) Technical Memorandum in accordance with Caltrans content and format requirements. The memorandum will evaluate potential community impacts within the project area, including access, parking, community character, sensitive land uses (pertaining to potential construction impacts, noise and vibration, traffic, air quality, and aesthetics); compatibility with major land use plans and regulations; and community impacts (related to Environmental Justice communities, community character, community cohesion, and acquisition).

Up to two rounds of revisions to the CIA will be made based on the collective comments from the City and Caltrans.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
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 CIA Technical Memorandum (Draft)
 CIA Technical Memorandum (Final)

4.13 Visual Impact Assessment
Consultant will prepare a Visual Impact Assessment (VIA) based on FHWA Visual Impact Assessment for Highway Project guidelines. The analysis will evaluate the visual impact of the project from up to four key viewpoints. The VIA will describe the existing visual characteristics of the area and identify any significant visual resources. The potential visual impacts from project construction and use of the replaced bridge will be evaluated through the use of ground level photographs from the key viewpoints. Visual conditions and project impacts will be quantified as required in the VIA guidelines for highway projects. Mitigation measures will be recommended, if necessary, to reduce significant impacts.

The VIA report will include viewshed maps and character/quality unit mapping and typical photos of the adjacent visual environment. It will also include mass diagram/model wireframes for each alternative being considered. These wireframes will be added over site photos. Detailed visual simulations will be provided for the preferred project. Up to four views will be created of the preferred alternative. An existing photo, proposed unmitigated, and a mitigated version will be provided. The VIA will be reviewed and signed by a licensed Landscape Architect.

Up to two rounds of revisions to the VIA will be made based on the collective comments of the City and Caltrans.

4.14 Conceptual Mitigation Plan
Consultant will prepare a conceptual mitigation plan to address potential options for compensating project impacts on sensitive natural communities and jurisdictional waters and wetlands. At a minimum, the plan will identify on- and/or offsite mitigation areas, mitigation type (i.e., establishment/re-establishment, rehabilitation, enhancement, preservation); conceptual plant palette(s); and conceptual performance standards.

Assumptions
 See deliverable schedule at end of Task 4
Deliverables
 Conceptual Mitigation Plan (Draft)
 Conceptual Mitigation Plan (Final)
Task 4 Assumptions
 All technical studies will have the following deliverable quantities  Administrative Draft Technical Studies (3 copies each)  Draft Technical Studies (3 copies each)
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 Final Technical Studies for Concurrence (3 copies each)  Final Approved Technical Studies (3 copies each)
Task 5: PUBLIC OUTREACH
The Camino Del Mar Bridge is a key connection point to Del Mar, and is located within one of the community's most valued assets, the San Dieguito Lagoon. The goal of this task is to assist the City with informing the public about the importance of the bridge replacement project, identify the community’s key issues and concerns, and provide information to the community on project status and design options for the proposed bridge.

Input from the public will be incorporated into the decision making process pertaining to design aesthetics and location of the new bridge.

5.1 Public Meetings
Consultant will attend and work closely with City staff to develop meeting agendas, presentations, and meeting materials for up to four public outreach meetings.

Consultant will attend two of the City Council meetings. Consultant will coordinate and facilitate meetings and maintain notes that can be shared with the public after review by City staff.

5.2 Information Exchange
Consultant will support Del Mar with content for City website updates that will allow for direct interaction with the community. The content will assist with educating the public about the project progress and timeline. It will also enable distribution of environmental study information and allow participation in the CEQA/NEPA process. A survey to enable the community to easily provide their input on bridge aesthetics and the new alignment will be developed, distributed, and evaluated once the project is structurally developed.

Deliverables
 Meeting Materials
 Bridge Aesthetics Survey
Task 6: ENVIRONMENTAL DOCUMENT
Consultant will prepare documentation needed pursuant to CEQA and work with Caltrans to support the environmental review requirements of NEPA. Based on the assumption that no significant, unmitigable environmental impacts or significant public controversy associated with the project would be anticipated, an Initial Study and Mitigated Negative Declaration (IS/MND) will be prepared under CEQA. A Categorical Exemption (CE) prepared by Caltrans is anticipated to meet the requirements of NEPA.

6.1 Draft Initial Study/Mitigated Negative Declaration
Consultant will prepare an administrative draft IS/MND using the environmental checklist form included as Appendix G of the CEQA guidelines (or other format preferred by the City). The document will be prepared in a narrative format that describes the environmental setting for the study area, summarizes the results of the 49 October 3, 2022 Item 07
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technical studies, identifies potential impacts resulting from the proposed project, and recommends mitigation measures (as appropriate). Each issue area will be evaluated at a suitable level of detail to address potential impacts of the proposed project and the ability of mitigation to reduce impacts to less than significant. The IS will only analyze the preferred project alternative at a full level of detail. An administrative draft IS will be submitted to the City for review and comment.

6.2 Public Review
After the City completes its review of the administrative draft IS/MND, Consultant will incorporate comments into a Draft IS/MND for public review. Consultant will also prepare a Notice of Intent to Adopt a Mitigated Negative Declaration. It is assumed that the City will print and distribute the IS/MND for public review including placing an announcement in the local newspaper. This scope assumes that no substantial changes in the project description occur after work starts on the IS.

6.3 Mitigation Monitoring and Reporting Plan
A Mitigation Monitoring and Reporting Plan (MMRP) and Environmental Commitments Record (ECR) will be prepared by Consultant that summarizes all of the project mitigation measures, the responsible parties for implementing each measure, and the timing for each measure. The MMRP will be included as an appendix to the final environmental document.

6.4 Final Initial Study/Mitigated Negative Declaration
After the close of the public comment period, Consultant will review the public and agency comments with the City, compile and number all substantive comments, and provide written responses for each comment provided. Consultant will provide the City with a draft set of responses to comments for review and approval.

Consultant will modify the draft IS/MND, if required, in response to public comment in order to prepare the Final IS/MND. The responses and document modifications assume no additional research is required.

Consultant will prepare a Notice of Determination for the City to file with the appropriate agencies.

6.5 NEPA Support
Consultant will coordinate with Caltrans to provide the documentation needed to complete the NEPA process. In concert with Caltrans and City staff, Consultant will determine specific formatting or content of technical reports to assure that they will meet the requirements of NEPA as well as CEQA.

In addition, Consultant will prepare a federal Coastal Consistency Certification addressing the proposed project’s consistency with the planning and management policies contained in Chapter 3 of the California Coastal Act.

Task 7: PROJECT REPORT

7.1 Draft Project Report
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Using data from Tasks 2 through 5, Consultant will complete a Draft Project Report to describe and document the project and alternative solutions. The report will include description of purpose and need, and discuss initial alternative development and conceptual alternative analysis. It will identify costs and identify impacts of the alternatives. The report will include discussion of environmental considerations, utilities, right-of-way, hydraulics, traffic management, design exceptions, and adherence to ADA standards. The report will provide a summary of the rationale for selecting the preferred alternative, and include schedule and cost details for the preferred alternative.

Deliverables
 Draft Project Report

7.2 Final Project Report
Consultant will coordinate review of the Draft Project Report with the City and Caltrans. Comments will be reviewed and responses incorporated. Report will be updated and finalized.

Deliverables
 Final Project Report
Task 8: 30% DESIGN BASIS

8.1 Geometric Approval Drawings
Geometric drawings of the preferred alternative shall be prepared in accordance with Caltrans District 11 GAD requirements near the end of the Environmental Document phase of the project. It is assumed that only the preferred alternative will be refined to the level of Geometric Approval Drawings (GAD). These will include plans, typical cross sections, profiles, and superelevation diagrams. The GAD will include appropriate signature blocks and traffic volume data shown on large sheets to clearly present the overall geometric design rather than on 11” x 17” sheet breakouts with matchlines.

The drawings will reflect Caltrans and City/SANDAG standards and criteria for this type of facility. Any nonstandard design elements will be documented in the appropriate Fact Sheet documents.

Deliverables
 Draft Geometric Approval Drawings
 Final Geometric Approval Drawings

8.2 Structure Type Selection Report
A type selection report including a general plan, foundation plan, design memo, design checklist and a general plan estimate for the proposed structures will be submitted for review and approval. Only one alignment alternative will be considered for the bridge type selection. A type selection review meeting may be held in which the Consultant shall be prepared to discuss and provide information 51 October 3, 2022 Item 07
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on foundation requirements, falsework requirements, seismic and aesthetic considerations, traffic handling, construction cost, and other pertinent information that is needed to determine the proper structure type.

Ten copies of the type selection report including the proposed general plan, foundation plan, general plan estimate, type selection memo and a vicinity map shall be submitted for review four weeks prior to the structure type selection review meeting. The results of the meeting will be summarized in writing by the Consultant within two weeks following the meeting.

Deliverables
 Draft Structure Type Selection Report
 Final Structure Type Selection Report
VI. ADDITIONAL SERVICES
Additional services may be required that will be determined as this phase proceeds. Consultant shall not proceed with work considered to be outside the scope defined in Section IV without prior approval from the City of Del Mar. Optional services may include study of additional replacement alternatives, elevated environmental documentation, additional technical studies, funding studies, esthetic concepts, meetings beyond those defined above, and other items not defined above.

VII. WORK TO BE PERFORMED BY THE CITY
The City will be responsible for the management, control and execution of this contract, including the tasks listed below.

ADMINISTRATIVE TASKS

1. Issue written Notice to Proceed.

2. Make progress payments and final payment to the Consultant.

3. Answer all questions of project definition and the scope when required by the Consultant.

4. Review progress reports.

5. Make evaluation of Consultant’s contract performance.

6. Answer correspondence sent by the Consultant.

7. Call and conduct the joint meeting, if necessary, to discuss the engineering and/or environmental activities that are being studied.

8. Handle all inquiries from the public, media, and other agencies.

9. Process federal forms and requests related to project funding.

ENGINEERING TASKS

1. Review, concur, and/or approve all submittals.

2. Print and distribute reports, findings, and related documents prepared by Consultant.

OTHER TASKS
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1. Obtain general plan conformance certification as required.

VIII. DESIGN STANDARDS
The preliminary plans / technical report and environmental document, shall be prepared in accordance with current Caltrans regulations, policies, procedures, manuals, and standards including compliance with FHWA requirements and/or City and County Road Standards as appropriate. The technical report prepared in support of the environmental document will follow the format for Caltrans Project Report (PR). Improvements of local roads may be prepared in accordance with City standards in lieu of Caltrans standards as directed by the City. Consultant will prepare fact sheets for COUNTY approval, documenting the exceptions to mandatory and advisory design standards. All documents shall be prepared using English Standard Units and dimensions.

ENVIRONMENTAL
The procedures to be followed and the content of the environmental surveys, environmental technical reports, and environmental documents are set forth in Caltrans Project Development Procedures Manual (PDPM), Caltrans Environmental Handbook, Caltrans Transportation Laboratory technical manuals for environmental studies, FHWA’s Technical Advisory T6640.8A, and Caltrans SER on the Caltrans website. Federal and state requirements for environmental analysis and impact assessment, as set forth in NEPA, CEQA, and other applicable federal and state regulations, will be satisfied.

DESIGN
Roadway design will be in accordance with the current Caltrans Highway Design Manual and its revisions and/or City Road Standards as appropriate. Traffic design will be in accordance with the California Manual of Uniform Traffic Control Devices (CA MUTCD). The Draft Geotechnical Design Report will be prepared in conformance with the current edition of the State Manual of Test, California Test Method 130.

IX. PAYMENT OF FEE FOR CONSULTANT SERVICES
Consultant’s billings shall be segregated according to the following cost categories:

TASK 1: Project Management $115,433.53
TASK 2: Coordination and Meetings $187,723.95
TASK 3: Preliminary Engineering $353,186.63
TASK 4: General Environmental Studies $300,950.03
TASK 5: Public Outreach $39,031.23
TASK 6: Environmental Document $89,024.19
TASK 7: Project Report $56,935.60
TASK 8: 30% Design Basis $74,048.78

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X. METHOD OF PAYMENT
A. Payment for Tasks 1 through 8 of Work Stage B listed above shall be at a time-andmaterials (cost reimbursement) basis and shall be made in accordance with Section IX “Consultant’s Fee” of the Agreement.

NOTE:

The Not to Exceed fee $1,216,333.95 shall be effective based on the schedule herein assuming notice to proceed no later than December 31, 2016.

B. Additional services (if required) and payment will be authorized by the change order or by the contract amendment per Section 14 “Work Changes or Revisions” of the Agreement.

XI. PROJECT SCHEDULE
Calendar Days
Activity Allowed
TASKS 1-2 730 (1)
TASK 3 160 (1)
TASK 4 270 (2 – Task 3)
TASK 5 As directed by City
TASK 6 150 (2 – Task 4)
TASK 7 150 (2 – Task 4)
TASK 8 50 (2 – Task 7)
(1) Calendar days after receipt of Notice-to-Proceed for Activity (2) Calendar days after receipt of approval of previous submittal APPROVALS:
____________________________________ __________________

DEPARTMENT OF ENGINEERING DATE
Tim Thiele, City Engineer
____________________________________ __________________

DEPARTMENT OF PUBLIC WORKS DATE
Eric Minicilli, Director of Public Works
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ID Task Name Duration Start Finish
1 Work Stage
A ‐ Rehabilitation Strategy 1349 days Wed 2/15/12 Mon 4/17/17 2 City Contract / NTP
0 days Wed 2/15/12 Wed 2/15/12
3 Develop Rehabilitation Strategy Report 141 days Wed 2/15/12 Wed 8/29/124 Review by City and Caltrans 39 days Thu 8/30/12 Tue 10/23/125 Caltrans Rehabilitation Strategy Concurrence 2 days Wed 10/24/12 Thu 10/25/126 Final Strategy Report 13 days Fri 10/26/12 Tue 11/13/127 Project Coordination & Funding with SANDAG
0 days Wed 10/24/12 Wed 10/24/12
8 Caltrans SLA Funding Meeting
0 days Mon 12/10/12 Mon 12/10/12
9 Geotechnical Borings (SANDAG)
0 days Wed 5/8/13 Wed 5/8/13
10 Geotechnical Documentation (SANDAG)
0 days Wed 1/28/15 Wed 1/28/15
11 Caltrans SLA Funding Meting
0 days Thu 9/24/15 Thu 9/24/15
12 Identify Funding Opportunities and Approval for Phase B 1154 days Wed 11/14/12 Mon 4/17/17
13 Work Stage
B ‐ Preliminary Engineering
& Environmental 523 days Tue 4/18/17 Thu 4/18/19
14 City Contract / NTP 1 day Tue 4/18/17 Tue 4/18/1715 Mobilization 10 days Wed 4/19/17 Tue 5/2/1716 Task 1: Project Management 522 days Wed 4/19/17 Thu 4/18/1917 Task 2: Coordination and Meetings 502 days Wed 5/17/17 Thu 4/18/1918 PDT Meetings 502 days Wed 5/17/17 Thu 4/18/1919 Task 3: Preliminary Engineering 150 days Wed 5/3/17 Tue 11/28/1720 Research & Data Gathering 50 days Wed 5/3/17 Tue 7/11/17
21 Develop Preliminary Project Alternatives 30 days Wed 7/12/17 Tue 8/22/1722 Prepare Draft Bridge Hydraulics Report 30 days Wed 8/23/17 Tue 10/3/1723 Preliminary Geotechnical Reports 40 days Wed 8/23/17 Tue 10/17/1724 Traffic Study 30 days Wed 8/23/17 Tue 10/3/1725 Utility Conflict Matrix 30 days Wed 8/23/17 Tue 10/3/1726 Roadway Concept Layouts 40 days Wed 8/23/17 Tue 10/17/1727 Architectural Concept Designs 15 days Wed 9/27/17 Tue 10/17/1728 Advanced Planning Studies 30 days Wed 10/18/17 Tue 11/28/1729 Preliminary Drainage Report 15 days Wed 9/27/17 Tue 10/17/1730 Water Quality Study 15 days Wed 10/18/17 Tue 11/7/1731 Preliminary Environmental Study (PES) 46 days Wed 8/23/17 Wed 10/25/1732 Prepare Draft PES 15 days Wed 8/23/17 Tue 9/12/1733 City Review 1st Draft PES 10 days Wed 9/13/17 Tue 9/26/1734 Revise PES 5 days Wed 9/27/17 Tue 10/3/1735 City submit PES to Caltrans 1 day Wed 10/4/17 Wed 10/4/1736 Caltrans Review and Approval of PES 15 days Thu 10/5/17 Wed 10/25/1737 Field Review 1 day Thu 10/5/17 Thu 10/5/1738 Task 4: Environmental Technical Studies 270 days Wed 8/23/17 Tue 9/4/1839 Environmental Study Management 270 days Wed 8/23/17 Tue 9/4/1840 Project Description 5 days Wed 11/29/17 Tue 12/5/1741 Wetlands Delineation 40 days Wed 12/6/17 Tue 1/30/1842 Lagoon Health Assessment 30 days Wed 12/6/17 Tue 1/16/1843 HPSR and ASR 40 days Wed 12/6/17 Tue 1/30/1844 Environmental Site Assessment 40 days Wed 12/6/17 Tue 1/30/1845 Species Surveys 80 days Wed 8/23/17 Tue 12/12/17 2/15
10/24
12/10
5/8
1/28
9/24
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ID Task Name Duration Start Finish
46 Biological Assessment 60 days Wed 1/31/18 Tue 4/24/18 47 Air Quality
& Greenhouse Gas 40 days Wed 12/6/17 Tue 1/30/18
48 Noise Study 40 days Wed 12/6/17 Tue 1/30/1849 Section 4(f) Evaluation 30 days Wed 12/6/17 Tue 1/16/1850 Community Impacts Technical Memorandum 30 days Wed 1/17/18 Tue 2/27/1851 Visual Impact Assessment 30 days Wed 12/6/17 Tue 1/16/1852 Conceptual Mitigation Plan 20 days Wed 4/25/18 Tue 5/22/1853 City & Caltrans Review Draft Technical Studies 30 days Wed 5/23/18 Tue 7/3/18 54 2nd Draft Technical Studies 20 days Wed 7/4/18 Tue 7/31/1855 Caltrans Final Review Technical Studies 15 days Wed 8/1/18 Tue 8/21/1856 Final Technical Studies 10 days Wed 8/22/18 Tue 9/4/1857 Task 5: Public Outreach 300 days Wed 11/29/17 Tue 1/22/1958 Public Meetings 300 days Wed 11/29/17 Tue 1/22/1959 Information Exchange 120 days Wed 11/29/17 Tue 5/15/1860 Task 6: Environmental Document 150 days Wed 9/5/18 Tue 4/2/1961 Admin Draft Initial Study (IS) & Mitigated Negative Declaration 15 days Wed 9/5/18 Tue 9/25/18 62 City Admin Draft IS
& MND Review 20 days Wed 9/26/18 Tue 10/23/18
63 Response to Comments and Resubmittal 10 days Wed 10/24/18 Tue 11/6/1864 City IS & MND Review 10 days Wed 11/7/18 Tue 11/20/18
65 Finalize IS
& MND 5 days Wed 11/21/18 Tue 11/27/18
66 City distributes IS and MND for public review 5 days Wed 11/28/18 Tue 12/4/1867 Public Review Period 30 days Wed 12/5/18 Tue 1/15/1968 Prepare response to comments and Mitigation Monitoring & 5 days Wed 1/16/19 Tue 1/22/19
69 City review response to comments and MMRP 10 days Wed 1/23/19 Tue 2/5/1970 Revise Response to comments and MMRP 5 days Wed 2/6/19 Tue 2/12/1971 City reviews response to comments and MMRP 10 days Wed 2/13/19 Tue 2/26/1972 Prepare Final MND 5 days Wed 2/27/19 Tue 3/5/1973 City MND and LCP Staff Report to Council 10 days Wed 3/6/19 Tue 3/19/1974 Adopt MND & Approve City CDP (CEQA, City of Del Mar) 5 days Wed 3/20/19 Tue 3/26/19 75 Sign CE (NEPA, Caltrans) 5 days Wed 3/27/19 Tue 4/2/1976 Task 7: Project Report 110 days Wed 9/5/18 Tue 2/5/1977 Draft Project Report (DPR) 60 days Wed 9/5/18 Tue 11/27/1878 Circulate DPR 20 days Wed 11/28/18 Tue 12/25/1879 Final Project Report 30 days Wed 12/26/18 Tue 2/5/1980 Task 8: 30% Design Basis 50 days Wed 2/6/19 Tue 4/16/1981 Prepare Geometric Approval Drawings (GAD) 20 days Wed 2/6/19 Tue 3/5/1982 Review and Approval of GAD 30 days Wed 3/6/19 Tue 4/16/1983 Prepare Type Selection Report (TSR) 20 days Wed 2/6/19 Tue 3/5/1984 Review and Approval of TSR 30 days Wed 3/6/19 Tue 4/16/1985 Work Stage C ‐ PS&E and Permitting 275 days Wed 4/17/19 Tue 5/5/20 86 Regulatory Permits 120 days Wed 4/17/19 Tue 10/1/1987 Intermediate Design and PS&E 125 days Wed 4/17/19 Tue 10/8/1988 Final Design and PS&E 150 days Wed 10/9/19 Tue 5/5/2089 Work Stage D ‐ Construction Bidding and Award 205 days Wed 5/6/20 Tue 2/16/21 90 Construction Authorization Request 10 days Wed 5/6/20 Tue 5/19/20 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022

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ID Task Name Duration Start Finish
91 Right‐of‐Way Certification 60 days Wed 5/20/20 Tue 8/11/20 92 Construction Finding Obligation 55 days Wed 8/12/20 Tue 10/27/2093 DLAE 5 days Wed 8/12/20 Tue 8/18/2094 Headquarters 10 days Wed 8/19/20 Tue 9/1/2095 FHWA 40 days Wed 9/2/20 Tue 10/27/2096 Bidding & Award 80 days Wed 10/28/20 Tue 2/16/21
97 Work Stage E ‐ Construction 340 days Wed 2/17/21 Tue 6/7/22 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022

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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Karen Falk, Principal Engineer
Joe Bride, Public Works Director
Clem Brown, Interim Assistant City Manager
Via Ashley Jones, City Manager
DATE: October 3, 2022
SUBJECT: Construction Contract with Western State Builders, Inc. for the Powerhouse Park Tot Lot Renovation Project
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Award a construction contract (Attachment A) for the Powerhouse Park Tot Lot Renovation Project to Western State Builders, Inc.; and 2) Authorize the City Manager to execute the contract.

DISCUSSION/ANALYSIS:

The existing Tot Lot at Powerhouse Park is over 18 years old and in need of repair and upgrades. The Powerhouse Park Tot Lot Renovation Project (Project) will replace the existing play equipment with a new climbing structure that supports a wider range of age-appropriate play, swing set, sand pit table, and several small pieces of ground-based play equipment. In addition, the existing subsurface drainage pipes and rubberized play surface will be replaced.

The existing hardscape and shade structure will remain unchanged.

On July 28, 2022, the City issued a notice inviting sealed bids from qualified contractors for the construction and installation of the new play equipment. The notice was posted on the City’s website, the contractor’s notification web platform eBidboard, and advertised in a newspaper as required by the Public Contract Code regulations. The engineer’s estimate for the project was $224,000. Following the bid solicitation process, four bids were received. The bid amounts are listed below in the order the sealed bids were opened:

1. Western State Builders, Inc. $210,178

2. Whillock Contracting, Inc. $283,313

3. R.E. Schultz Construction, Inc. $222,745

4. Ayuma House Planning Company $163,787
Public Contract Code Section 20162 requires that the City award the contract to the lowest responsive and responsible bidder. Ayuma House Planning Company submitted the lowest bid of $163,787. However, after a thorough evaluation of Ayuma’s bid proposal by staff, it was rejected due to the bid being non-responsive for failure to self-perform at least 50% of the total work and non-responsible for failure to possess a valid California General Engineering Contracting – Class A license at the date of bid submittal. Staff then proceeded to evaluate 1 October 3, 2022 Item 08
City Council Agenda Report
Award of Construction Contract - Powerhouse Park Tot Lot Renovation Project October 3, 2022

Page 2 of 3 ends

the second lowest bid of $210,178 (Attachment B), which was submitted by Western State Builders, Inc (Western State) and determined to be to be responsive and responsible.

If the construction contract is approved by the City Council, the Project will begin in October 2022 after the contract is executed and a Notice to Proceed is issued. The Project duration is estimated to be 90 calendar days and completion is expected in January 2023. However, the completion date is dependent on the delivery of the new custom play equipment from Kompan, which was purchased directly by the City in July 2022. Kompan notified the City that the estimated delivery date for the play equipment is November 29, 2022.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action. There are sufficient funds available (as described in Table A below) in the Fiscal Year 2022-2023 Operating and Capital Budget to cover the contract costs. Table B provides an estimate of projected expenditures through project completion.

Table A: Project Funding Sources

COUNCIL APPROVED FUNDING ACCOUNT AMOUNT
FY21 State Parks grant funds 21.7000.7044 $ 180,000
FY21 City’s local match for grant 21.7000.7044 $ 45,000 FY23 Budget Adjustment – June 2022
$100,000 has been raised by the Friends of the
Powerhouse to support this line item. Staff is confident that additional community fundraising will fully fund
this line item.

21.7000.7044 $ 151,400
Total Funding: $376,400
Table B: Projected Expenditures

DESCRIPTION AMOUNT
Engineering Design, Bid Support, and Engineering Services During Construction (MBI)
$ 40,000
Play Structure Purchase (Kompan) $ 102,856
Western State Builders Contract $ 210,178
Specialty Inspections and Construction Contingency $ 23,366 Total Expenditures: $ 376,400
ENVIRONMENTAL IMPACT:

This project is listed among the classes of projects determined to have less than significant adverse effect on the environment and therefore, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 Class 1- Existing Facilities. Staff has further determined that none of the six exceptions to the use of a categorical exemption would apply to this project (CEQA Guidelines Section 15300.2).

PRIOR CITY COUNCIL REVIEW:

On July 11, 2022, the City Council approved Resolution 2022-53 conditionally approving permits CUP 22-001, CDP 22-009, and DRB 22-011 for the Powerhouse Park Tot Lot Renovation Project, and authorized the purchase of Kompan play equipment. 2 October 3, 2022 Item 08
City Council Agenda Report
Award of Construction Contract - Powerhouse Park Tot Lot Renovation Project October 3, 2022

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On June 21, 2021, the City Council approved two contracts with State Parks totaling $180,672 in non-competitive State grant funding.

On February 1, 2021, the City Council approved Resolution 2021-03 authorizing the submittal of a Prop 68 Per Capita Grant Program application to the State of California’s Department of Parks and Recreation (State Parks) to refurbish the Tot Lot at Powerhouse Park.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The Powerhouse Park Tot Lot Renovation Project is listed as Tier 1 essential capital improvement project on the City Council’s list of goals and priorities.

ATTACHMENTS:

Attachment A – Contract with Western State Builders, Inc.

Attachment B – Western State Builders, Inc. Bid
3 October 3, 2022 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND WESTERN STATE BUILDERS, INC.

FOR POWERHOUSE PARK TOT LOT RENOVATION PROJECT

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This Construction Contract (“Contract”) is made and entered into by and between the City of Del Mar, a municipal corporation, hereinafter referred to as the "City," and Western State Builders, Inc., hereinafter referred to as the “Contractor” (collectively “Parties”).

RECITALS
WHEREAS, the City requires a general contractor to construct a Public Works project generally described as the POWERHOUSE PARK TOT LOT RENOVATION PROJECT hereinafter referred to as the “Project.”
WHEREAS, the Contractor represents itself as possessing the necessary skills and qualifications to construct the Project required by the City and possesses the required contractor’s license of the appropriate classifications.

NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, and in consideration of the payments and agreements hereinafter mentioned, the Parties agree as follows:

1. CONTRACTOR'S OBLIGATIONS.

1.1 Contractor shall perform the scope of work shown in the Attachment A hereinafter referred to as the “Work”, as such term is defined by the Standard Specifications for Public Works Construction, latest version (GREENBOOK).

1.2 The Contractor agrees, at the Contractor's own proper cost and expense, to do all the Work and furnish all the materials, except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete the Work in a good, workmanlike and substantial manner and to the satisfaction of the City.

1.3 Said Work shall be performed in accordance with the Contract Specifications, Drawings, and Provisions annexed hereto; and in connection with the Reference Standards below:

Standard Edition
Standard Specifications for Public Works Construction
(“The GREENBOOK”)
2021
San Diego Regional Standard Drawings 2018

1.4 The Contractor shall maintain throughout the full term of this Contract all professional certifications and licenses required in order to comply with all City, State, and Federal laws in the performance of this Contract.

1.5 The Contractor shall pay wages to the Contractor's employees according to the current "General Prevailing Wage Rates" issued by the Department of Industrial Relations of the State of California. Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor, from Director of the Department of Industrial Relations. 4 October 3, 2022 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND WESTERN STATE BUILDERS, INC.

FOR POWERHOUSE PARK TOT LOT RENOVATION PROJECT

Page 2 of 20 ends

These rates are available online with the California Department of Industrial Relations (www.dir.ca.gov). The Contractor shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum. The Contractor shall comply with the provisions of Sections 1725.5, 1771, 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, 1813, and 1815 of the Labor Code.

1.6 The Contractor shall register with the Department of Industrial Relations (DIR) in accordance with California Labor Code sections 1771.1 and 1725.5 and the Contractor shall be subject to compliance monitoring and enforcement by DIR in accordance with California Labor Code section 1771.4.

1.7 Pursuant to and subject to the provisions of Section 1775 of the Labor Code, Contractor shall forfeit to City, as a penalty, the sum of up to two-hundred dollars ($200) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any Work done under this Contract, by it or by any subcontractor under it, in violation of the provisions of the Contract.

2. SECURITY FOR CONTRACTOR'S PROMISE TO PERFORM.

2.1 For contracts above $25,000, the Contractor shall post and maintain during the full term of this Contract security for Contractor's promise to perform this Contract in the following forms and amounts:

A. The amount of the performance security shall be 100% of bid amount.

B. The form of the security shall be one of the following:

1. Cash;

2. Cashier's check made payable to the City;

3. A certified check made payable to the City;

4. A bond, executed by an approved surety insurer using the Performance Bond form found herein or a substitute form acceptable to and approved by the City, made payable to the City; or

5. The Contractor may elect to deposit securities of a value equivalent to the amount of the performance security in accordance with the provisions of section 22300 of the Public Contract Code. The City will make the final determination as to the value of the posted securities.

2.2 The City shall retain five percent (5%) of each payment due the Contractor under this Contract until completion and acceptance of the Project. The Contractor may elect to deposit securities of a value equivalent to the retention in accordance with the provisions of Section 22300 of the Public Contract Code and thereby become entitled to receive one hundred percent (100%) of the payments, without retention. The City will make the final determination as to the value of the posted securities. The amount of retention withheld may be reduced, or a portion of withheld retention may be returned, at the sole discretion of the City.

2.3 For contract amounts above $25,000, the Contractor shall file a payment bond using the Payment Bond form found herein or a substitute form acceptable to 5 October 3, 2022 Item 08

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and approved by the City, in the amount of 100% of bid amount, with and subject to the approval of the Director of Public Works in accordance with Civil Code section 3247.

3. CONTRACT AMOUNT AND SCHEDULE.

3.1 The City agrees to pay and the Contractor agrees to receive and accept the prices set forth in the Bid Schedule attached hereto as Attachment B and incorporated by reference as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

3.2 Contractor agrees to complete the Work on POWERHOUSE PARK TOT LOT RENOVATION PROJECT in a time period not to exceed ninety (90) calendar days per Section 6-3 of the Standard Specifications for Public Works Construction (GREENBOOK), commencing upon the date stated in the Notice To Proceed issued by the City. Construction shall not commence until the City has approved bonds and insurance.

4. TERMINATION OF CONTRACT.

In the event of the Contractor's failure to prosecute, deliver, or perform the Work as provided for in this Contract, the City may terminate this Contract by notifying the Contractor by certified mail of said termination.

5. STATUS OF THE CONTRACTOR.

The Contractor shall perform the services provided for herein in a manner of Contractor's own choice, as an independent Contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project. However, Contractor shall confer with the City as required to perform this Contract.

6. SUBCONTRACTING.

The Contractor’s ability to subcontract is limited by and must comply with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code sections 4100 et seq. If the Contractor subcontracts any of the Work to be performed under this Contract, the Contractor shall be as fully responsible to the City for the acts and omissions of the Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the 6 October 3, 2022 Item 08

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Contract shall create any contractual relations between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor by the terms of the Contract applicable to Contractor's Work unless specifically noted to the contrary in the subcontract in question approved in writing by the City.

7. ASSIGNMENT OF CONTRACT.

The Contractor has no authority or right to assign this Contract or any part thereof or any monies due thereunder to any other party without first obtaining the prior written consent of the City.

8. VERBAL AGREEMENT OR CONVERSATION.

No verbal agreement or conversation with any officer, agent or employee of the City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle the Contractor to any additional payment whatsoever under the terms of this Contract.

9. DISPUTES.

9.1 If a dispute should arise regarding the performance of this Contract, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the Contract, shall be reduced to writing by the complaining party.

A copy of such documented dispute shall be forwarded to the other party involved along with recommended methods of resolution which would be of benefit to both parties. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter.

9.2 If the dispute is not resolved, the aggrieved party shall send a letter outlining the dispute to the City to be resolved.

9.3 If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them at law.

9.4 Pursuant to Public Contract Code Sections 20104 and 9204, a claim by the Contractor for a time extension; payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or an amount the payment of which is disputed by the City, shall be dealt with as follows:

A. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims.

B. For all claims, pursuant to Public Contract Code Sections 20104 and 9204:
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1. City shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. City shall identify the disputed and undisputed portion(s) of the claim in the written response. If City fails to issue a written statement, the claim is rejected in its entirety.

2. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant.

3. The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.

4. Pursuant to Public Contract Code section 9204, any payment on any undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement.

C. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen (15) days of receipt of the City's response or within fifteen (15) days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand sent by registered or certified mail, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days after the meet and confer conference, City shall prepare a written statement describing portions of the claim in dispute and the portions of the claim that are disputed.

Mediation Prerequisite: If following the meet and conference the claim or any portion remains in dispute, the parties agree that as a condition precedent to the initiation of litigation, the parties shall submit to non-binding mediation. The parties shall mutually agree to a mediator within ten (10) business days after the City’s response following the meet and confer conference. The parties shall make reasonable attempts to mediate within thirty (30) days of the meet and confer conference. Mediation shall be subject to the following rules:

1. The mediation process shall be administered by a neutral organization agreed to by the parties and shall be confidential subject to Evidence Code Sections 1115 –1128 and 1152.

2. The costs for mediation will be shared equally by all parties. The expenses of witnesses shall be paid by the party producing such witnesses.

3. A single mediator shall be selected to mediate the dispute. At least ten (10) days before a scheduled session, each party shall provide the 8 October 3, 2022 Item 08

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mediator a brief memorandum setting forth its position about the issues that need to be resolved. The brief shall be mutually exchanged between the parties. At the mediation session, the parties will be expected to produce required information for the mediator to understand and evaluate the issues presented.

4. The mediation process shall be considered terminated when: (1) in the mediator’s judgment, further efforts at mediation would not contribute to a resolution of the dispute between the parties; or, (2) by the execution of Settlement Agreement, which may be used as the basis for change order or other directive as appropriate; or, (3) written declaration of a party that it will no longer participate in further mediation proceedings.

D. If mediation is unsuccessful, as a prerequisite to filing suit, the Contractor must file a claim pursuant to Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the period of time within which a claim must be filed shall begin from the time the claimant submits his or her written claim pursuant to subsection A until the time the claim is denied, including any period of time utilized by the meet and confer conference.

A civil action filed to resolve a claim subject to Section 9.4 of this Contract shall be subject to the provisions of Public Contract Code Sections 20104.4 and 20104.6.

10. HOLD HARMLESS.

10.1 The Contractor agrees to indemnify and hold the City; the City's officers, officials, employees and agents; the Engineer; and the Engineer’s officers, officials, employees and agents (together, the “City Indemnified Parties”), harmless from, and against any and all liabilities, claims, demands, causes of action, losses, suit damage, expenses and costs, including all costs of defense, expense costs and investigation expenses thereof, arising out of, or in any manner connected directly or indirectly to the acts, omissions or performance of Work by the Contractor or Contractor’s agents, employees, subcontractors, officials, officers or representatives. Upon demand, Contractor shall, at its own expense, defend the City Indemnified Parties from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs, regardless of whether or not such a claim, loss or liability is caused in part by a party indemnified hereunder.

10.2 By inspecting, approving or accepting the improvements, City shall not have waived the protections afforded herein to the City Indemnified Parties or diminished the obligation of Contractor, who shall remain obligated in the same degree to indemnify and hold the City Indemnified Parties harmless as provided above.
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10.3 Contractor's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the City Indemnified Parties’ sole active negligence or willful misconduct.

11. RESPONSIBILITY FOR DAMAGE.

11.1 The Contractor shall obtain and maintain in full force and effect during the life of the Contract, contractual liability insurance for bodily injury liability and property damage liability assumed by the Contractor of all claims and lawsuits against the Contractor and his/her subcontractors arising out of or in connection with the Work to be performed. Such insurance as is afforded by the policy to the Contractor for Contractual Property Damage Liability Insurance shall include coverage for property damage caused by blasting, collapse, structural injuries or damage to underground utilities. The policy shall not contain the so-called "x" "c" "u" exclusions.

11.2 The Contractor shall maintain vehicle liability, and property damage insurance in the amount of not less than $2,000,000 for one person injured in one accident, and not less than $2,000,000 for two or more persons injured in any one accident, and not less than $2,000,000 with respect to any property damage involved and public general liability insurance in the amount of not less than $2,000,000 each occurrence or in the aggregate.

11.3 Evidence of insurance including Commercial General Liability, Workers’ Compensation, and Automobile Liability in compliance with the above requirements shall be furnished to the City by Certificate of Insurance. Such Certificate of Insurance shall be furnished prior to the commencement of Work under the Contract. The insurance policy shall provide that the policy shall remain in force during the life of this Contract and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to City from the insurance company.

11.4 Such insurance shall be issued by a company or companies approved by the City, licensed and listed with "Insurance Organizations Authorized by the Insurance Commissioner to Transact the Business of Insurance in the State of California," and shall have a rating of A- or better.

11.5 Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude the City from taking such other actions as is available to it under any other provision of this Contract or otherwise in law.

11.6 The Contractor shall arrange for the policies to be so conditioned as to cover the performance of any changes or extra Work which may be required under the Contract.

11.7 The costs of this insurance shall be considered as included in the prices paid for the various Contract items of Work and no additional compensation will be allowed, therefore.
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11.8 The Contractor shall either: (1) require each of its subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified, or (2) insure the activities of its subcontractors in its own policy in like amount.

11.9 The Contractor's policies shall contain an Additional Insured Endorsement naming as additional insured the City and its officers, consultants, agents, and employees while on the Project and acting within the scope of their duties. For any claims related to the Project, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.

11.10 Prior to commencement of Work under this Contract, the Contractor shall furnish endorsements from each of the insurance companies.

11.11 The Contractor shall reimburse the City and the Engineer for all costs and expenses, including attorney's fees, incurred by said City and the Engineer, in enforcing the provisions of Section 11.0 of this Contract.

12. NOTICES.

Any notices to be given under this Contract, or otherwise, shall be served by certified mail and addressed and delivered as listed below:

City of Del Mar Western State Builders, Inc.

Attn: City Clerk Attn: Vice President
1050 Camino del Mar 2141 Orange Ave.

Del Mar, CA 92014 Escondido, CA 92029
[email protected] [email protected]

13. LIQUIDATED DAMAGES; EXTENSION OF TIME.

In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of five hundred dollars ($500) per day for each calendar day completion is delayed beyond the time allowed pursuant to paragraph 3 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of CONTRACTOR, including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay.

14. PERFORMANCE.

The City hereby promises and agrees with the Contractor to employ, and does hereby employ the Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, and in the manner and upon the 11 October 3, 2022 Item 08

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conditions hereinafter set forth, and the City and the Contractor for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.

15. CONTRACT AUTHORITY OVER PROPOSAL.

It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the Bid or Proposal of the Contractor, then this instrument shall control, and nothing herein shall be considered as an acceptance of the said terms of said Proposal conflicting herewith.

16. CONTRACT DOCUMENTS.

The Contract consists of the following documents, all of which are component parts of the Contract as if herein set out in full, or attached hereto:

1. Notice Inviting Bid(s)

2. Information and Instructions for Bidders

3. Proposal

4. Contract

5. Worker's Compensation Certificate

6. Performance Bond

7. Payment Bond

8. Modifications to the Standard Specifications: General Provisions, Special Provisions, Construction Methods

9. Plans & Standard Drawings, Approved Submittals, Exhibits, and Site Photos

10. Addenda and approved Change Orders
All the above-named Contract Documents are intended to be complementary. The Work required by one of the above-named documents and not by others shall be performed as if required by all. Any conflicts in terms or requirements of any of the Contract Documents shall be determined by the order of precedence set forth in the GREENBOOK.

17. ATTACHMENTS.

The following Contract Documents are attached hereto:

A. Scope of Work
B. Proposal/Bid Schedule/Schedule of Values
C. Worker's Compensation Certificate
D. Performance Bond
E. Payment Bond

18. NON-DISCRIMINATION.

Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other 12 October 3, 2022 Item 08

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class protected under state, federal, or local law. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

19. CALIFORNIA LAW; VENUE/MISCELLANEOUS.

This Contract shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Contractt shall be brought in the County of San Diego, California. Contractor hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.

20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION AND CONTROL ACT OF 1986.

Contractor certifies that Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract.

21. NO WAIVER.

No failure of either the City or the Contractor t to insist upon the strict performance by the other of any covenant, term or condition of this Contract, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Contract shall constitute a waiver of any such breach of such covenant, term or condition.

22. SEVERABILITY.

The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.

23. CONFLICTS BETWEEN TERMS.

If an apparent conflict or inconsistency exists between the main body of this Contract and the Exhibits, the main body of this Contract shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Contract, the law, rule, regulation, order, or code shall control.

Varying degrees of stringency among the main body of this Contracts, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Contract.
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24. SIGNING AUTHORITY.

The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.

IN WITNESS WHEREOF, the Parties hereto have executed this Contract, which will be effective as of the date of the City’s execution of the Contract listed below.

CITY OF DEL MAR, WESTERN STATE BUILDERS, INC.,
a municipal corporation a California Corporation
By: By:

Ashley Jones, City Manager Julian Moen, Vice President
Date: Date:

APPROVED AS TO FORM:

Leslie E. Devaney, City Attorney
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
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ATTACHMENT A – SCOPE OF WORK
Contractor shall refer to POWERHOUSE PARK TOT LOT RENOVATION PROJECT Specifications and Drawings for the description of the scope of work to be performed. 15 October 3, 2022 Item 08

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ATTACHMENT B – PROPOSAL/BID SCHEDULE/SCHEDULE OF VALUES ITEM
NO.

DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT
PRICE
TOTAL
AMOUNT
1 Mobilization/Demobilization 1 LS $ 20,098.00 $ 20,098.00 2 Stormwater Pollution Control & Best
Management Practices (BMPs)
1 LS $ 7,800.00 $ 7,800.00
3 Construction Survey and Staking 1 LS $ 10,500.00 $ 10,500.00 4 Clearing and Grubbing 1 LS $ 18,500.00 $ 18,500.00
5 Playground Equipment Installation 1 LS $ 32,350.00 $ 32,350.00 6 Rubberized Play Surfacing 3,010 SF $ 34.79 $ 104,718.00 7 Play Sand 2.5 CY $ 524.80 $ 1,312.00
8 Storm Drain Assembly 1 LS $ 14,900.00 $ 14,900.00
Total: $ 210,178.00
Total Base Bid of Project in Numbers: $ 210,178.00
Total Base Bid of Project in Words: two hundred ten thousand one hundred seventy eight _____ _ Dollars
and zero Cents
Payment will be based on actual quantities furnished, installed, or constructed in accordance with the Schedule of Values.
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ATTACHMENT C - WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the Labor Code provides in part as follows:
"Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.” I hereby certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.

CONTRACTOR'S NAME:

ADDRESS:

BOND NO.(Optional):

SIGNATURE:

PRINT NAME/TITLE OF SIGNER:

DATE:
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BOND NO._____________________

ATTACHMENT D - PERFORMANCE BOND
WHEREAS, the City of Del Mar, a Charter City and municipal Corporation (“City”) on the _____ day of ________, 2022, awarded to Western State Builders, Inc. (“Principal”) a contract for the work described as POWERHOUSE PARK TOT LOT RENOVATION PROJECT; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW THEREFORE, We, the Principal and _______________________________ duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of ________________ Dollars ($......................) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements, in the said contract and any alteration thereof made as therein provided, on his, her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications.

In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation costs and expenses incurred by City in such suit, including attorney's fees, court costs, expert witness fees and investigation expenses. 18 October 3, 2022 Item 08
IN WITNESS WHEREOF, identical counterparts of this
instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ________, 2022.

SURETY PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
By:
(Name)
(Title)
Signature of Attorney-in-Fact
NOTE: (a) Signature of those executing for Surety must be properly acknowledged. (b) The Attorney-in-fact must attach a certified copy of the Power of Attorney. 19 October 3, 2022 Item 08

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ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF )
On, ________________________before me ____,
a notary public in and for said County and State, personally appeared who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to within this instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on this instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 20 October 3, 2022 Item 08

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BOND NO._____________________

ATTACHMENT E - PAYMENT BOND
WHEREAS, the City of Del Mar, a Charter City and municipal Corporation (hereinafter designated as City), on day of , 2022 awarded to _________________________________________________________________ (hereinafter designated as the Principal) a contract for the work described as follows:

POWERHOUSE PARK TOT LOT RENOVATION PROJECT
WHEREAS, said Principal is required by Chapter 5, Title 3, Part 6, Division 4 (including, specifically, Section 9550) of the California Civil Code to furnish a bond in connection with said contract.

NOW THEREFORE, We, the Principal and duly
authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money of the United States, said sum being not less than one hundred percent (100%) of the estimated amount payable by City under the terms of the above-referenced contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, pursuant to Section 9554 of the California Civil Code, if said principal, hers/his/its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the California Revenue and Taxation Code, with respect to such work and labor, the surety or sureties will pay for the same in an amount not exceeding the sum hereinabove specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.

This Bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or 21 October 3, 2022 Item 08

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FOR POWERHOUSE PARK TOT LOT RENOVATION PROJECT

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equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond, and that his bond be construed most strongly against the surety and in favor of all persons for whose benefit such bond is given, by reason of any breach of contract between the City and Principal or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the California Civil Code, and has not been paid the full amount of his claim. Surety hereby waives notice of any such change, extension of time, addition, alteration or modification herein mentioned.

This bond is executed by Surety to and shall comply with the provisions of Chapter 5, Title 3, Part 6, Division 4 of the Civil Code and of Chapter 2, Title 14, Part 2 of the Code of Civil Procedure and said bond shall be subject to all of the terms and provisions thereof.

IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the day of , 2022.

SURETY PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
By:
(Name)
(Title)
(Attach required acknowledgements)
_____
Signature of Attorney-In-Fact
22 October 3, 2022 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND WESTERN STATE BUILDERS, INC.

FOR POWERHOUSE PARK TOT LOT RENOVATION PROJECT

Page 20 of 20 ends

ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 23 October 3, 2022 Item 08
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Matt Bator, AICP, Principal Planner
Isam Hasenin, Contract Building Official
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: October 3, 2022
SUBJECT: Adoption of the 2022 California Building Code and Local Amendments REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council introduce an Ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapter 23.12 to adopt the current California Building Code, 2022 Edition, and continue to apply various locally adopted amendments thereto as necessary to reflect Del Mar’s unique characteristics and approach to design and development review.

DISCUSSION/ANALYSIS:

The City of Del Mar, through its Building Services Division, reviews development projects to ensure that new construction does not pose a threat to public health and safety. To do this review, the City relies on the regulations contained in the California Building Standards, which include the California Building, Plumbing, Mechanical and Electrical codes. The City adopts the California Building Standards by reference in DMMC Chapter

23.12. The State of California recently adopted amendments to the California Building Standards that become effective on January 1, 2023. The City periodically adopts amendments to its own Building Code to incorporate the changes adopted by the State. The last set of amendments occurred in 2019. The City Council is being asked to introduce an Ordinance, included as Attachment A, to adopt the updated California Building Standards.

The ordinance would amend DMMC Chapter 23.12 to reflect the new building code requirements as they are contained in various editions of what is known as the California Building Standards. The State building codes are updated every three years by the State of California Building Standards Commission. Local jurisdictions are required to enforce the State-adopted codes as the minimum standard for construction. 1 October 3, 2022 Item 09
City Council Agenda Report
Adoption of the 2022 California Building Code
October 3, 2022

Page 2 of 3 ends

In conjunction with the adoption of the new codes, local governments may adopt more stringent construction standards and can re-adopt amendments from previous years that are still valid. For example, Del Mar’s municipal code narrows the building permits exemptions for one-story detached accessory structures by exempting those less than 48 square feet in area, where the State code exempts 120 square feet or less. Del Mar also applies a more stringent roofing requirement that generally requires Class A roofing for all new roofs and re-roofs, which limits the ability for wood shake or shingle roof coverings to be replaced.

As proposed, all existing locally adopted amendments will continue to apply. Two additional local amendments that had been in place since 2004, but were inadvertently removed in the 2019 update, will be reinstated with adoption of the ordinance. The reinstated local amendments require building permits for all fences/walls and for the restriping of commercial parking lots. Each of the local amendments listed in the draft ordinance contain a State required justification (finding) statement. The justification must be based on local geological, climatic, topographical, or environmental conditions that warrant the need to deviate from the requirements of the State code.

A summary of changes to the Building Standards from 2019-2022 is provided in Attachment B. A copy of existing DMMC Chapter 23.12 is included as Attachment C. If introduced, the Ordinance would return to City Council for adoption on October 17, 2022, and would become effective 30 days from adoption on November 16, 2022.

PRIOR CITY COUNCIL REVIEW:

On November 18, 2019, the City Council adopted Ordinance 957 amending various chapters of the DMMC to adopt the California Building Code 2019 Edition and reflect local amendments.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this agenda item. The review of a development’s conformance with the applicable building codes is processed through the separate review of development applications and building permits.

As part of that process, the City applies fee charges to recover a portion of the administrative costs incurred to provide such reviews. No changes are proposed for the existing City’s fee schedule for issuance of Building department related permits.

ENVIRONMENTAL REVIEW:

This project is not subject to the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3). The adoption of State-mandated Building Codes with minor amendments will not have a significant effect on the environment.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Updating the DMMC to adopt the required California Building codes by reference and incorporate local modifications is a Tier 1 priority for FY2022-23. 2 October 3, 2022 Item 09
City Council Agenda Report
Adoption of the 2022 California Building Code
October 3, 2022

Page 3 of 3 ends

ATTACHMENTS:

Attachment A - Ordinance to replace DMMC Chapter 23.12
Attachment B - Summary of California Building Standards Amendments Attachment C - Strikeout of existing DMMC Chapter 23.12 3 October 3, 2022 Item 09
ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

DEL MAR, CALIFORNIA, AMENDING DEL MAR MUNICIPAL
CODE CHAPTER 23.12 (CALIFORNIA CODES FOR
CONSTRUCTION) BY AMENDING SECTIONS 23.12.010,

23.12.012, 23.12.018, 23.12.020, 23.12.030, 23.12.040,

23.12.050, 23.12.060, 23.12.062, 23.12.063, 23.12.070,

23.12.080 AND 23.12.090; BY CONFIRMING THAT THE

LOCALLY ADOPTED AMENDMENTS IN EXISTING
SECTIONS 23.12.011, 23.12.014, 23.12.061, 23.12.064,
AND 23.12.065 WILL CONTINUE TO APPLY; AND BY
ADDING NEW SECTIONS 23.12.013 AND 23.12.066, ALL
RELATING TO APPLICABILITY OF THE 2022 CALIFORNIA

BUILDING STANDARDS CODE AND ASSOCIATED

NATIONAL AND STATE BUILDING AND CONSTRUCTION

CODES WITHIN THE CITY OF DEL MAR
WHEREAS, the ordinance updates locally adopted building and construction codes (last updated in 2019) to incorporate the 2022 California Building Standards Code and associated National and State codes with minor modifications to reflect local conditions; and WHEREAS, the 2022 California Building Standards Code is based on the 2021 editions of the International Building Code, Uniform Plumbing Code, and Uniform Mechanical Code; 2020 edition of the National Electrical Code; 2021 California Energy Code; 2022 California Residential Code; 2022 California Green Building Code; 2022 California Administrative Code; and 2022 California Reference Standards Code; and WHEREAS, California Health and Safety Code section 17958 requires that cities adopt building regulations that are substantially the same as those adopted by the California Building Standards Commission and contained in the California Building Standards; and WHEREAS, California Health and Safety Code section 17958 permits local jurisdictions to make such changes or modifications to the California Building Standards Codes as are necessary due to local climatic, geological or topographical conditions; and WHEREAS, the City Council finds that the minor modifications and changes to the California Building Standards Code are reasonably necessary to ensure consistent application of the codes throughout the State; and
WHEREAS, the proposed amendments do not constitute an amendment to the City’s certified Local Coastal Program, which means that the final decision on the ordinance will be made by the Del Mar City Council.

NOW, THEREFORE, the City Council of the City of Del Mar does ordain as follows:

SECTION ONE
That Section 23.12.010 of the Municipal Code is amended to read as follows:
4 October 3, 2022 Item 09
Ordinance No. ____

Page 2 of 12 ends

23.12.010 - Adoption of the 2022 California Building Code, Part 2, Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the City Building Code for the purpose of prescribing regulations in the City of Del Mar for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures, the 2022 California Building Code, Part 2, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code, Section 18902 et seq. based on the International Building Code, 2021 Edition. Except as otherwise provided by this Chapter or any other section of the City of Del Mar Municipal Code, all erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures within the City of Del Mar shall be in conformance with the 2022 California Building Code and the adopted Appendix Chapters, published by the California Building Standards Commission.

SECTION TWO
That Section 23.12.012, is amended to read as follows:

23.12.012 - Section 105.1. amended.

Local amendments to Section 105.1 (Permits Required) to require permits for repaving and restriping by adding the following statement at the end of Section 105.1- Required:
“A building permit is required for repaving and/or re-striping of all parking lots serving commercial, office, multi-family and hotel buildings and structures. Re-striping shall meet the current edition of the CBC.”
Finding and Justification:

That the City of Del Mar, due to its unique local topographic conditions, has determined it is necessary to establish more restrictive building standards than those set forth in the California Building Standards Code. The City Council specifically finds that the unusually hilly nature of the city, the many steep slopes in the city, and to ensure continued access for people with disabilities necessitates that building permit be required for re-striping of parking lots serving commercial, office, multi-family and hotel buildings and structure.

SECTION THREE
That Section 23.12.013, is added to read as follows:

23.12.013 - Section 105.2. amended
Local amendments to Section 105.2 (Work exempt from a Building Permit) are as follows:
5 October 3, 2022 Item 09
Ordinance No. ____

Page 3 of 12 ends

1. Modifies CBC Section 105.2 – 1. as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 48 square feet (11.15 m2 4.46 square meter). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Modifies CBC Section 105.2 – 2. as follows: Fences not over 7 feet (2134 mm) 12 inches (305 mm) high.

3. Modifies CBC Section 105.2 – 4. to exempt the following: Retaining walls that are not over 12 inches high measured from the top of the footing.

4. Modifies CBC Section 105.2 – 6. by adding the following exemption at the end of item 6: “Sidewalks and driveways not more than 30 inches in the rear yard, and 18 inches in the side yard, above adjacent grade, and not over any basement or story below and are not part of an accessible route. This exception applies only to structures accessory to a single-family dwelling (Group R, Division 3 Occupancy).” Unless otherwise exempted by this code, separate plumbing, electrical and mechanical permits will be required for the above exempted items.

Finding and Justification:

That the City of Del Mar, due to its unique local topographic and geological conditions, has determined it is necessary to establish more restrictive building standards than those set forth in the California Building Standards Code. The City Council specifically finds that the unusually hilly nature of the city, the many steep slopes in the city, the higher risk of slope failures and landslides, the need to ensure incorporation of clean water design standards, and the unusually small size of residential lots, necessitate that building permit be required for fences and retaining walls over 12 inches in height and walks and sidewalks of more than 30 inches in the rear yard, and 18 inches in the side yard.

SECTION FOUR
That the following findings are made for the existing language in section 23.12.014 amending Section 1505:

Finding and Justification:

That the City of Del Mar has many large brush-covered hillsides. The City is subject to frequent Santa Ana conditions consisting of dry gusting winds, which create extreme fire dangers. The City Council specifically finds that these topographic and climatic conditions necessitate greater fire protection than that provided by the 2021 California Building Code.

Therefore, this chapter alters the 2022 California Building Code, to require Class A fire retardant roof coverings throughout the city.

SECTION FIVE
That Section 23.12.018, is amended by deleting the local adoption of Appendices C and I and adopting Appendix AX of the California Residential Code “Swimming Pools Safety Act”, to 6 October 3, 2022 Item 09
Ordinance No. ____

Page 4 of 12 ends

read as follows:

Appendix AX of the 2022 California Residential Code is adopted.

Finding and Justification:

To comply with the Swimming Pool Safety Act found in Health and Safety Code Sections 115920 through 115929.

SECTION SIX
That Section 12.12.020 of Chapter 23.12 Division 2 (Electrical Code) be amended to read as follows:

23.12.020 - Adoption of the 2022 California Electrical Code, Part 3, Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the city electrical code for the purpose of prescribing regulations in the city of Del Mar for the installation, alteration or repair of electrical systems and permit requirements and inspection thereof, the 2022 California Electrical Code, Part 3, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code based on the National Electrical Code, 2020 Edition. Except as otherwise provided by this Chapter other parts of the City of Del Mar Municipal Code, all installation, alteration, or repair of electrical systems within the City of Del Mar shall be in conformance with the 2022 California Electrical Code published by the California Building Standards Commission.

SECTION SEVEN
That Section 23.12.030 of Chapter 23.12 Division 3 (Plumbing Code) be amended to read as follows:

23.12.030 - Adoption of the 2022 California Plumbing Code. Part 5. Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the City Plumbing Code for the purpose of prescribing regulations in the City of Del Mar for the construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment in or on any building or structure or outdoors on any premises or property, the 2022 California Plumbing Code, Part 5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment within the City of Del Mar shall be in conformance with 2022 California Plumbing Code, published by the California Building Standards Commission. 7 October 3, 2022 Item 09
Ordinance No. ____

Page 5 of 12 ends

SECTION EIGHT
That Section 23.12.040 of Chapter 23.12 Division 4 (Mechanical Code) be amended to read as follows:

23.12.040 - Adoption of the 2022 California Mechanical Code. Part 4. Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the City Mechanical Code for the purpose of prescribing regulations in the City of Del Mar for the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances, the 2022 California Mechanical Code, Part 4, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances shall be in conformance with California State Building Standards Code and any rules and regulations promulgated pursuant thereto, published by the California Buildings Standards Commission.

SECTION NINE
That Division 5 (Energy Code) Section 23.12.050 be amended to read as follows:

23.12.050 - Adoption of the 2022 California Energy Code. Part 6. Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the city energy code for the purpose of prescribing regulations in the City of Del Mar for the conservation of energy the 2022 California Energy Code, Part 6, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all construction of buildings where energy will be utilized shall be in conformance with California Building Standards Code and any rules and regulations promulgated pursuant thereto, including the California Energy Commission. 2022 California Energy Code, published by the California Energy Commission.

SECTION TEN
That Section 23.12.060 be amended to read as follows:

23.12.060 - Adoption of the 2022 California Residential Code, Part 2.5, Title 24 of the California Code of Regulations.
8 October 3, 2022 Item 09
Ordinance No. ____

Page 6 of 12 ends

There is adopted and incorporated by reference herein as the city residential code for the purpose of prescribing regulations in the City of Del Mar for the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of one- and two-family dwellings, and townhouses, the California Residential Code, Part 2.5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. and the 2022 California Residential Code. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all construction of one- and twofamily dwellings and townhouses shall be in conformance with the California Building Standards Code and rules and regulations promulgated pursuant there to, including the 2022 California Residential Code, published by the California Building Standards Commission.

SECTION ELEVEN
That Section 23.12.062, is amended to read as follows:

23.12.012 - Section R105.2. amended
Local amendments to Section R105.2 (Work exempt from a Building Permit) are as follows:

1. Modifies CRC Section R105.2 – 1. as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 48 square feet (11.15 4.46 square meters). It is permissible that these structures shall be regulated by Section 710A, despite exemption from permit.

2. Modifies CRC Section 105.2 – 2. as follows: Fences not over 7 Feet (2134 mm) 12 inches (305 mm) high.

3. Modifies CBC Section 105.2 – 3. to exempt the following: Retaining walls that are not over 12 inches high measured from the top of the footing.

4. Modifies CBC Section 105.2 – 5. as follows: “Sidewalks and driveways not more than 30 inches in the rear yard, and 18 inches in the side yard, above adjacent grade, and not over any basement or story below and are not part of an accessible route.

This exception applies only to structures accessory to a single-family dwelling (Group R, Division 3 Occupancy).”
Finding and Justification:

Page 7 of 12 ends

failures and landslides, the need to ensure incorporation of clean water design standards, and the unusually small size of residential lots necessitates that building permit be required for fences and retaining walls over 12 inches in height and walks and sidewalks of more than 30 inches in the rear yard, and 18 inches in the side yard.

SECTION TWELVE
That Section 23.12.063, be amended to read as follows:

23.12.063 Section R902.1.3. amended.

Local amendments to Section R902.1 to delete reference to Class B and C roof covering and be consistent with Section 1505 of the CBC as follows:

R902.1 Roof covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum class A, B or C roofing shall be installed in areas designated by this section or where the edge of the roof is less than 3 feet (914 mm) from a lot line. Class A , B and C roofing required by this section to be listed shall be tested in accordance with ASTM E103 or UL 790.

All roof-coverings, including re-roofing except as specified in Section R902.1.2 below, shall be of a roof classification not less than a Class A Roof-Covering.

No wood shake or shingle products are permitted to be installed on the roof of any Occupancy Group.

For re-roofing of existing residential buildings, the Class A Roofing Assembly may be limited the part of the assembly specified from the sheathing upward, provided the existing sheathing is solid with a minimum thickness of 3/8". Where spaced sheathing currently exists, it shall be replaced or covered with sheathing of a thickness required for a class A Assembly.

Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof.

Finding and Justification:

The City of Del Mar’s topography is characterized by many large hillsides. The City’s climate promotes the heavy growth of natural vegetation that covers the hillsides and is highly flammable, especially in the dry season. There are numerous areas of wildland-urban interface where structures, especially residences, are in close proximity to that natural vegetation. The City’s climate is characterized by Santa Ana conditions involving dry gusty winds. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community. Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds).

Page 8 of 12 ends

Council specifically finds that these conditions necessitate greater fire protection than that provided by the 2022 California Residential Code. Therefore, this chapter alters the 2022 California Residential Code, to require Class A fire retardant roof coverings throughout the city.

SECTION THIRTEEN
That Section 23.12.064, be amended to read as follows:

23.12.064 Section R902.1.3 amended.

Local amendments to Section R902.1.3 to be renumbered to be consistent with the 2022 CRC as follows:

R902.1.3 R902.1.2 Roof Covering in all other areas. The entire roof covering of every existing structure where more than 50 10 percent of the total roof area is replaced within a one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class C A.

Finding and Justification:

As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles. The City Council specifically finds that these conditions necessitate greater fire protection than that provided by the 2022 California Residential Code. Therefore, this chapter alters the 2022 California Residential Code, to require Class A fire retardant roof coverings throughout the city.

SECTION FOURTEEN
That existing Section 23.12.064 is renumbered as Section 23.12.065, and amended to read as follows:

23.12.065 Section R313.1 Exception amended.

Section R313.1 Exception is amended to read as follows:
11 October 3, 2022 Item 09
Ordinance No. ____

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R313.1 Exception: An automatic sprinkler system shall not be required where additions or alterations are made to existing townhouses that do not have an automatic sprinkler system installed. An automatic residential fire sprinkler system may be required by the Fire Code Official when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler installed.

Finding and Justification:

As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles. The City Council specifically finds that these conditions necessitate greater fire protection than that provided by the 2022 California Residential Code. Therefore, this chapter alters the 2022 California Residential Code, requiring that automatic residential fire sprinkler systems may be required by the Fire Code Official when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler installed.

SECTION FIFTEEN
That existing Section 23.12.065 is renumbered as Section 23.12.066, and amended to read as follows:

23.12.066 Section R313.2 Exceptions amended.

Section R313.2 Exceptions is amended to read as follows:

R313.2 Exceptions:

1. An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. An automatic residential fire sprinkler system may be required by the Fire Code Official for additions or alterations to existing buildings that are not already provided with an automatic residential fire sprinkler system.

Finding and Justification:

Page 10 of 12 ends

winds. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community. Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds).

As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles. The City Council specifically finds that these conditions necessitate greater fire protection than that provided by the 2022 California Residential Code. Therefore, this chapter alters the 2022 California Residential Code, to require that an automatic residential fire sprinkler system may be required by the Fire Code Official for additions or alterations to existing buildings that are not already provided with an automatic residential fire sprinkler system.

SECTION SIXTEEN
That Division 7 Green Building Code Section 23.12.070 be amended to read as follows:

23.12.070 - Adoption of the 2022 California Building Standards Code, Part 11, Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the city green building code for the purpose of prescribing regulations in the City of Del Mar for improving public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices, the 2022 California Green Building Standards Code, Part 11, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided in this chapter and other parts of the Del Mar Municipal Code, all construction shall be in conformance with the California Building Standards Code and rules and regulations promulgated pursuant there to, including the 2022 California Green Building Standards Code, published by the California Building Standards Commission and Appendix A5 (Tier 1 non-residential voluntary measures), incorporated herein by reference, is adopted as mandatory provisions for all new non-residential construction and any non-residential construction over a $150,000.00 valuation as determined by the City of Del Mar Building Division.

SECTION SEVENTEEN
That Section 23.12.080 be amended to read as follows:

23.12.080 - Adoption of Division II of Chapter 1 of the 2022 California Administrative Code, Part 1, Title 24 of the California Code of Regulations The California Administrative Code, Part 1, Title 24 of the California Code of Regulations is adopted and incorporated by reference herein as the city administrative 13 October 3, 2022 Item 09
Ordinance No. ____

Page 11 of 12 ends

code for the purpose of prescribing regulations in the City of Del Mar.

SECTION EIGHTEEN
That Section 23.12.090 be added to the Municipal Code to read as follows:

23.12.090 - Adoption of the 2022 California Reference Standards Code, Part 12, Title 24 of the California Code of Regulations
The California Reference Standards Code is adopted and incorporated by reference herein for the purpose of prescribing regulations in the City of Del Mar.

SECTION NINETEEN
The City Council finds that approval of this ordinance is not subject to the provisions of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) in that the adoption of the State mandated building codes will not have a significant effect on the environment.

SECTION TWENTY
This ordinance shall be effective January 1, 2023. Within fifteen (15) days after its adoption, the City Clerk shall cause this ordinance to be published pursuant to the provisions of state law.

SECTION TWENTY-ONE
This ordinance was introduced at a regular meeting of the City Council of the City of Del Mar on October 3, 2022.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 17th day of October 2022.
________________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
_____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
14 October 3, 2022 Item 09
Ordinance No. ____

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ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No.____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 17th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
15 October 3, 2022 Item 09
DEL MAR MUNICIPAL CODE CHAPTER 23.12 – CALIFORNIA CODES FOR

CONSTRUCTION
SUMMARY OF CHANGES FROM 2019 TO 2022
 Section 23.12.010 - Adoption of the 2021 California Building Code, Part 2, Title 24 of the California Code of Regulations.

Section revised to update the new code reference year of 2021.  Section 23.12.012 - Section 105.1. Amended.

Section revised to include permit requirements for re-striping of commercial parking lots.
 Section 23.12.013 - Section 105.2. Amended.

Section revised to amend the City of Del Mar regulations for building permit exemptions.
 Section 23.12.018 – Delete previously adopted Appendices and adopt Appendix AX of the Residential Code.

Section revised to delete old appendices and adopt a new Appendix to the California Residential Code.

 Section 23.12.020 - Adoption of the 2022 California Electrical Code, Part 3, Title 24 of the California Code of Regulations.

Section revised to update the new code reference year of 2022 and to incorporate the National Electrical Code, 2020 Edition.
 Section 23.12.030 - Adoption of the 2022 California Plumbing Code. Part 5. Title 24 of the California Code of Regulations.

Section revised to update the new code reference year of 2022.  Section 23.12.040 - Adoption of the 2022 California Mechanical Code. Part 4. Title 24 of the California Code of Regulations.

Section revised to update the new code reference year of 2022.  Section 23.12.050 - Adoption of the 2022 California Energy Code. Part 6. Title 24 of the California Code of Regulations.
16 October 3, 2022 Item 09
Section revised to update the new code reference year of 2022.  Section 23.12.060 - Adoption of the 2022 California Residential Code, Part 2.5, Title 24 of the California Code of Regulations.

Section revised to update the new code reference year of 2022.  Section 23.12.062 - Section R105.2. Amended.

Section revised to amend the City of Del Mar regulations for building permit exemptions.
 Section 23.12.063 - Section R902.1. Amended
Section revised to delete reference to Class B or C roofing and renumber sections.  Section 23.12.064 - Section R902.1.3 Amended
Section revised to be consistent with 2022 California Residential Code numbering.  Section 23.12.065 - Section R313.1 Exception Amended.

Section renumbered from 23.12.064 and revised to demonstrate changes from California Residential Code exception to City of Del Mar exception language.  Section 23.12.066 - Section R313.2 Exception Amended.

Section renumbered from 23.12.065 and revised to demonstrate changes to California Residential Code exception to City of Del Mar exception language.  Section 23.12.070 - Adoption of the 2022 California Green Building Code, Part 11, Title 24 of the California Code of Regulations.

Section revised to update the new code reference year of 2022.  Section 23.12.080 - Adoption of the 2022 California Administrative Code, Part 1, Title 24 of the California Code of Regulations.

Section revised to adopt the 2022 California Administrative Code, Part 1, Title 24 of California Code of Regulations.
 Section 23.12.090 - Adoption of the 2022 California Reference Standards Code, Part 12, Title 24 of the California Code of Regulations
17 October 3, 2022 Item 09
Section added to the Municipal Code to reflect adoption of 2022 State Reference Standards Code.
18 October 3, 2022 Item 09

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Del Mar City CouncilOctober 3, 2022

Del Mar City Council
October 3, 2022