Del Mar City Council
February 21, 2023

Table of Contents
2023-2-21 Regular Meeting Agenda.pdf
Item 1 - Draft Action Minutes Regular Meeting 2-6-2023.pdf Item 2 - List of Demands.pdf
Item 4 - Parks & Recreation Committee Appointment.pdf
Item 5 - Seasonal Salary Schedule Amendment.pdf
Item 6 - Analysis of AB 805_FINAL.pdf
Item 7 -Tot Lot Donor Sign and Recognition_FINAL.pdf
Item 8 - Parking and Traffic North Hills.pdf
Item 9 - DMF Phase 2 Temp. Art.pdf
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28 37
44 77
87 93
Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
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.

Regular Meeting
Tuesday, February 21, 2023 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings remotely and in-person.

Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda. Members of the public wishing to speak on items not on the agenda may do so under Public Oral Communications. Agenda items may be addressed in any order at the discretion of the Mayor. When addressing the Council, please state your name for the record. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.

In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record.

Remote Participation: Members of the public can participate in the meeting remotely using the Zoom link and/or dial-in information provided below. 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
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. 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.

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 Del Mar City Hall and the Del Mar Library during their business hours.

Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.

Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Tracy Martinez
Mayor
Dan Quirk
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dwight Worden
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting February 21, 2023
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
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk or raise their hand in Zoom when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.

Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.

V. CITY COUNCIL COMMENTS
VI. COMMUNITY ANNOUCEMENTS
VII. CITY MANAGER’S REPORT
VIII. 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 or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk or raise your hand in Zoom.

1. Approval of Minutes: February 6, 2023 Regular Meeting Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

2. Ratification of List of Demands, dated February 21, 2023 Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting February 21, 2023
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

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

Reference: Clerk’s File No. 401-4

4. Parks and Recreation Committee Appointment
Recommended Action: The City Council Liaisons to the Parks and Recreation Committee recommend that the City Council appoint Lynn Gaylord as a voting member of the Parks and Recreation Committee to serve a full three-year term starting February 21, 2023, and ending on February 28, 2026.

Reference: Clerk’s File No. 401-5

5. Amendments to the Miscellaneous, Part-Time, Temporary and Hourly Employees Salary Schedule
Recommended Action: Staff recommends the City Council adopt the Resolution (Attachment A) amending the Miscellaneous, Part-Time, Temporary and Hourly Employees Salary Schedule (Exhibit A to Attachment A) to transition from a 12- step to a 5-step salary schedule, and to reflect amendments to the Seasonal Lifeguard series compensation.

Reference: Clerk’s File No. 502-1

6. City Attorney Memorandum on SANDAG Voting and AB 805 Recommended Action: Staff requests the City Council receive a memorandum (Attachment A) from the City Attorney’s Office advising on the impact of Assembly Bill (AB) 805 on the San Diego Association of Government’s (SANDAG) voting structure and discuss as appropriate.

Reference: Clerk’s File No. 401-7, 1506-1
IX. COUNCIL MEETING RECESS
X. CITY COUNCIL OTHER BUSINESS

7. Recognition of Donors to the Powerhouse Park Tot Lot Renovation Project Recommended Action: Staff recommends the City Council recognize the Friends of the Powerhouse and private donors to the Powerhouse Park Tot Lot Renovation Project and accept the donation of a new donor recognition sign for the tot lot (Attachment A) that would be owned and maintained by the City.

Reference: Clerk’s File No. 1202-5
Del Mar City Council Regular Meeting February 21, 2023
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

8. Parking and Traffic Conditions and Challenges in the North Hills District Recommended Action: Staff requests that the City Council receive a report on the current parking and traffic conditions and challenges in the North Hills District and adjacent areas of the City and provide feedback and direction to staff as appropriate.

Reference: Clerk’s File No. 904-1, 905-3

9. Proposal for Phase II of the Temporary Outdoor Sculpture Program Recommended Action: It is recommended by the Arts Advisory Committee Council Liaisons that the City Council: 1) Receive a presentation from the City’s Arts Advisory Committee and Del Mar Foundation (DMF) on the proposed Phase II of the City’s Temporary Outdoor Sculpture Program; and 2) Authorize the City Manager to sign the Memorandum of Understanding (MOU) between the City and DMF (Attachment A) for Phase II of the Program.

Reference: Clerk’s File No. 1202-11
XI. 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.

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/Quirk) D. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Quirk/Martinez) E. League of California Cities – San Diego Chapter (Martinez/Worden) F. North County Transit District (NCTD) (Druker/Gaasterland) G. Regional Solid Waste Association (Worden/Quirk)
H. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Druker
I. SANDAG Borders Committee (Druker)
J. SANDAG Regional Planning Committee (Gaasterland)
K. SANDAG Shoreline Preservation Working Group
(Worden/Gaasterland/Martinez)
L. San Diego Metropolitan Wastewater Commission/JPA (Worden/Quirk/Druker) M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
N. Other Regional Organization Reports
XII. 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 Del Mar City Council Regular Meeting February 21, 2023
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.

A. Arts Advisory Committee (Druker/Worden)
B. Clean Water Rate Project
C. Del Mar Community Connections (Martinez/Worden)
D. Del Mar Village Association (Gaasterland/Martinez)
E. Finance Committee (Druker/Worden)
F. Housing Subcommittee (Gaasterland/Martinez)
G. Human Resources Subcommittee (Druker/Worden)
H. Legislative Subcommittee (Druker/Gaasterland/Mayor Martinez end of 3rd Quarter)
I. Measure Q Citizen Oversight Committee (Gaasterland/Quirk) J. Parks and Recreation Committee (Martinez/Worden)
K. Del Mar Railroad Committee (Druker/Gaasterland)
L. Lagoon Committee (Quirk/Worden)
M. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
N. Shores Advisory Committee
O. Sustainability Advisory Committee (Martinez/Worden)
P. Traffic and Parking Advisory Committee (Quirk/Worden) Q. Undergrounding Project Advisory Committee (Druker/Gaasterland) R. Other Committee-Subcommittee Reports
XIII. 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.

March 6, 2023
RBSP3 MOU with SANDAG
End of Declaration of Emergency COVID-19
Approval of Task Order with Michael Baker International to Perform Engineering Design Services for the 20th Street Lifeguard Tower Driveway Project
Adoption of a Resolution Approving 5-year Update to the 2023 Multi-Jurisdictional Hazard Mitigation Plan (Tentative)
2023 Legislative Update to City's Personnel Rules and Regulations Manual Policy Direction Regarding Replacement of City Trees and Ornamental Landscaping Recommendation for Continuation of the City's Rent Subsidy Program Appointment to the San Diego County Water Authority Board Del Mar City Council Regular Meeting February 21, 2023
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XIV. 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 16th day of February, 2023 at approximately 2:45 p.m.
___________________________________________ 2/16/2023
Sarah Krietor, Administrative Services Manager/ Date
City Clerk

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
FEBRUARY 6, 2023
City of Del Mar Town Hall
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 Tracy Martinez called the Regular Meeting to order at 4:30 p.m.

ROLL CALL

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

CITY ATTORNEY CLOSED SESSION REPORT
None.

PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
None.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden reported that San Diego Gas & Electric (SDG&E) gas bills will be decreasing and customers will be provided with a credit for the month of February; Del Mar Community Connections champagne and chocolate event on Friday, February 10, 2023, at 1:00 p.m.; Del Mar Library’s exhibit for Black History Month; and on the importance of wetlands, like the San Dieguito Lagoon, in our ecosystem.

Councilmember Gaasterland announced that the Del Mar Farmers’ Market is seeking volunteers to assist with setting up the market on Saturdays. Deputy Mayor Quirk reported on inquiries from the public and his discussions with City Manager Ashley Jones regarding sand on the volleyball courts at North Beach.

City Manager Jones explained that the City’s sand replenishment and beach maintenance efforts currently being focused on essential health and safety efforts and maintaining access for the public.

CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the Del Mar recycles event with EDCO on February 11, 2023, from 9:00 a.m. – 12:00 p.m. at the Del Mar Shores Park lower parking lot; completion of the installation of traffic signal backup power systems to four Camino del Mar intersection locations; announced that the City has a new landscaping contractor, Parkwood Landscaping; and that the City’s Coastal Development Permit application to increase rates for citywide paid parking facilities is scheduled for the Coastal Commission’s consideration during a virtual meeting on February 9, 2023. 1 February 21, 2023 Item 01
City Council Regular Minutes
February 6, 2023

CONSENT CALENDAR
Management Analyst/Acting Deputy City Clerk Nestor Machado, who was serving as City Clerk for the meeting, 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 WORDEN, SECONDED BY COUNCILMEMBER DRUKER TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 6. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

ITEM 1: APPROVAL OF MINUTES: JANUARY 23, 2023 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED FEBRUARY 6, 2023 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

ITEM 3: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.

ITEM 4: APPROVAL OF A TASK ORDER AMENDMENT WITH HELIX ENVIRONMENTAL PLANNING FOR THE CREST CANYON UNDERGROUNDING UTILITY DISTRICT X1A PROJECT (CLERK’S FILE NO. 406-1)
Council approved a $34,088 Task Order Amendment with HELIX Environmental Planning to perform environmental services for the Crest Canyon Underground Utility District X1A Project; and authorized the City Manager to execute the Task Order amendment, on consent.

ITEM 5: RECOMMENDED UNDERGROUNDING PROJECT ADVISORY COMMITTEE CHARTER AMENDMENTS AND APPOINTMENTS (CLERK’S FILE NO. 401-5) Council adopted Resolution 2023-03, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DEL MAR, CALIFORNIA, EXPANDING THE MEMBERSHIP OF THE

UNDERGROUNDING PROJECT ADVISORY COMMITTEE FROM FIVE VOTING

MEMBERS TO SEVEN VOTING MEMBERS AND AMENDING THE CONCURRENT MEMBERSHIP REQUIREMENTS” and appointed Thomas McGreal, Shirli Weiss, and Michael Minter as voting members of the Undergrounding Project Advisory Committee (UPAC) to serve full three-year terms starting February 6, 2023, and ending on February 28, 2026, on consent.
2 February 21, 2023 Item 01
City Council Regular Minutes
February 6, 2023

PUBLIC HEARING
ITEM 6: TENTATIVE TRACT MAP TTM18-004, EXTENSION OF TIME

A REQUEST FOR A THREE-YEAR EXTENSION OF TIME FOR AN EIGHT-LOT SUBDIVISION RECONFIRUGRATION OF 18.1 ACRES KNOWN AS “LA ATALAYA” APPLICANT/OWNER: LA ATALAYA, LLC
ASSESSOR PARCEL NUMBERS (APNs): 299-200-65-00, 299-261-43-00, 299-261-42- 00, 299-261-14-00, 299-192-24-00, 299-200-64-00, 299-200-62-00, AND 299-200-63-00 (CLERK’S FILE NO. 301-1)
Associate Planner Jennifer Gavin was available to answer City Council questions. Council questions focused on the City’s building permit application and construction processes.

Mayor Martinez opened and closed the public hearing. There were no public speakers. The item was moved to the consent calendar for approval. City Council approved Resolution 2023-04, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA APPROVING A THREE YEAR EXTENSION OF TIME FOR A TENTATIVE TRACT MAP (TTM18-004 EOT.) TO SUBDIVIDE EIGHT LOTS TOTALING APPROXIMATELY 18.1 ACRES OF LAND KNOWN AS “LA ATALAYA” INTO EIGHT RECONFIGURED LOTS SOUTH OF SAN DIEGUITO DRIVE, NORTH OF ZAPO STREET, EAST OF GATUN STREET, AND WEST OF SERPENTINE DRIVE; TO MAKE RELATED ROADWAY AND UTILITY IMPROVEMENTS; IN THE CITY OF DEL MAR, CALIFORNIA”, on consent.

CITY COUNCIL OTHER BUSINESS
ITEM 7: APPROVAL OF THE 2032 LEGISLATIVE POLICY GUIDELINES (CLERK’S FILE NO. 401-4, 401-7)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Assistant City Manager Clem Brown and Eric O’Donnell with Townsend Public Affairs was available to answer questions.

Council questions and discussion focused on proposed revisions to the Legislative Policy Guidelines related to offshore wind resources, the San Diego Association of Governments (SANDAG) Regional Transportation Plan, feasibility studies and/or pilot programs related to at-grade or pedestrian railroad crossings, SANDAG Del Mar Bluff 5 Stabilization Project, financing for affordable housing, and revenue sharing agreements with other government agencies and/or community-based organizations.

There were no public speakers for the item.

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER WORDEN TO APPROVE THE CITY’S LEGISLATIVE POLICY GUIDELINES FOR 2023 WITH THE ADDITION OF TWO NEW POLICY STATEMENTS TO 1) SUPPORT EFFORTS TO CREATE FINANCING OPTIONS

TO HELP LOCAL GOVERNMENTS ENCOURAGE SENSIBLE AFFORDABLE HOUSING DEVELOPMENT (SECTION I.B.3 ON PAGE 4); AND 2) SUPPORT EFFORTS THAT WOULD

AUTHORIZE LOCAL GOVERNMENTS TO PARTICIPATE IN REVENUE SHARING AGREEMENTS WITH FEDERAL, STATE, AND LOCAL AGENCIES, AS WELL AS NON-PROFITS AND COMMUNITYBASED ORGANIZATIONS (SECTION I.C.9 ON PAGE 5) AND TO BRING BACK DISCUSSION ITEMS RELATED TO PROPOSED CHANGES THAT WERE NOT ACCEPTED, IF NEEDED (VOTE 5-0) 3 February 21, 2023 Item 01
City Council Regular Minutes
February 6, 2023

Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
City Council representatives reported on the Clean Energy Alliance, League of California Cities – Coastal Cities Group, Arts Advisory Committee, Del Mar Community Connections, Sustainability Advisory Committee, SANDAG Regional Planning Committee, Housing Subcommittee, Measure Q Citizen Oversight Committee, and the Del Mar Village Association.

ADJOURNMENT
Mayor Martinez adjourned the meeting at 5:47 p.m.

Nestor Machado, Management Analyst/
Acting Deputy City Clerk
4 February 21, 2023 Item 01
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Mayor Tracy Martinez and Council Member Dwight Worden, Council Liaisons to the Parks and Recreation Committee
Prepared by Nestor Machado, Management Analyst
DATE: February 21, 2023
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 Lynn Gaylord as a voting member of the Parks and Recreation Committee to serve a full three-year term starting February 21, 2023, and ending on February 28, 2026.

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 one current vacancy on the Committee due to John Peterson’s term expiration on February 1, 2023. City staff advertised the vacancy, and one Citizen Interest Form was received during the recruitment period from Lynn Gaylord (Attachment A). The Council Liaisons to the Committee reviewed the application and recommend the City Council appoint Lynn Gaylord as a voting member for a full three-year term effective February 21, 2023, and ending on February 28, 2026.

If the recommended appointment is approved by the City Council, the Committee will have a full roster. A copy of the current Committee roster is included as Attachment B.

ATTACHMENTS:

Attachment A – Citizen Interest Form
Attachment B – Current Parks and Recreation Committee Roster 1 February 21, 2023 Item 04

DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
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Home Street Address
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ViUOte initiat
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Business Street Address (if applicable)
Home Phone Number Business Phone Number

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.):
_ Design Review Board
_
Arts Advisory Committee (
Planning Commission
Parks and Recreation Committee
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_ Finance Committee Traffic and Parking Advisory Committee Measure Q Citizen Oversight Committee _ Lagoon Committee Othe(s) (please indicate): Sustainabil ity Advisory Com m ittee Qualifications for appointment and/or reasons for application (attach additional pages as needed):

Education:

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

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

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2 February 21, 2023 Item 04
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Z kR4 nlL *I* o.LoA ott-vvtz-t^ut .fr ++q SA4-4il ,n >4 ,,) Name all of the Del Mar committees/Boards/commissions that , Delrutu- f h.t
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?*. fX**:/, f ?srysias-ot *n*,nru u-,* n>'Zeta) Fltw*s tr *l\-L /'or.t-r"lh*rnL sr,ice tizecp*rbo Please name allthe Boards/Gommissions/Gommittee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Year
Are you a fulF,time or part-time resident of Del Mar?
ls Del Mar your primary place of residence?
Are you a register voter in Del Mar?
drutLtime
n Parttime
y'v"*
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trNo
trNo
page 2
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withherd from pubric view as allowed by raw Please list three Del Mar residents who can
Residency
STREET NAME (no house
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Llqyg been a resident of California since: llue /??o I have been a resident of San Diego County since: kud rf?o I have been a resident of Del n4ar since: {nN l3? I 3 February 21, 2023 Item 04
III. COMMITTEE SPECIFIG QUE$TIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.

1. Arts Advisorv 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.)
n Resident with an art background
tr Resident without an art background
tr Business Owner- Art related business
tr Del Mar Foundation Representative
tr Del Mar Village Association Representative
tr Ex-Officio (non-voting) - with Art related expertise tr Other (please explain):

Describe nce and skills as world of comm art and fine

2. Finance Gommittee
The Finance Committee is looking for applicants with financial expertise and background' PIease describe your experience reviewing financial reports, conducting financial studies or related Please include experience to public entities.

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law art valuable to the Del Mar commu
s finances most interest
4 February 21, 2023 Item 04

3. Measure Q Gitizen Oversiqht 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 tr South Bluff
tr South Hills
tr North Hills
tr Valley
Undergrounding Project Advisory Committee. Which membership category do you best fit in? (Select all that apply)
D Current (or within past 5 years) Finance Committee Member n Business Community Member
tr At-large Resident Member
tr Other (please explain):

4. Traffic and Parkinq Advisory Committee
which membership category do you best fit in? (select all that apply) E Business representative (can be a non-resident)
n Resident
tr Other (please explain):

What part of town do you live in? Geographic diversity is desirable and will be taken into account.

Gheck the neiqhborhood map to verify your neighborhood. tr North Bluff
tl North Beach
tr South Beach
tr Village Center

5. Parks and Recreation Comlnittee rnepakingforappIicantswithaninterestintheCity,sparksand open spaces.
related to parks, open spaces,

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Do you have any special expertise or experience related to traffic and parking? lf yes, please :E br- LlO fr^r\ b--a-d-;/J- Va.-le^)a>, * ddtT las-[a a-{ t-o7.-6 7f o.a--,!7- /;1.**;A.^ and recreation most interest
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5 February 21, 2023 Item 04

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

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

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 comm 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 brinq to the Sustainability Advi Gommittee?

9. Undergroundinq Proiect Advisorv Committee
fne UnOergroundt'ngfroject Advisory Committee is seeking applicants with an interest in the citywide undergrouriding project. io 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 neiqhborhood map to verify your neighborhood.
tr North Bluff
tr South Beach
tr South Bluff
U North Hills
n North Beach
tl Village Center
n South Hills
tr Valley

THIS 15 A PUBLIC RECORD SUBJECTTO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law oon Gommittee most interest
Committee most interest
vision for the future of Shores Park.
6 February 21, 2023 Item 04
util service unded? What involvement did
Thank you for completing the Citizen lnterest Form. ls there anything else you woutd like to add to your application for the City Councit 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 aOvisory committees-lottrer than the planning Commission and Design Review Board) are made by the Council Liaisons io that Committee. The appointmentsarethenplacedontheconsentcalendarrorconillCity Council at the next available City Council meeting. For reasons of privacy, the individual cindidates are not discussed at the meeting. tdditionally, the Del Mar Conflict of lnterest Code requires that members of the Design Review Board, Planning commission, and Finance committee file conflict of lnterest statements with the Administrative Services Department in conformance with the Fair Political practices Commission and the City's Conflict of lnterest Code. Other advisory committee members are not required to file Conflict of lnterest Statements.

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, it appiicinte. part of your service may include ethics and anti-harassment training uporiappointment and'bi-annually. Visit the City's Conflict of lnterest Code webpage to learn more ab-oui tne requirement.

By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and conect to the best of youi knowledge. 9*r.17., dDa?
days you will receive a confirmation email that your application is received. lf you have questions, please email [email protected] or call (SS8) i55-gitS anO a staff member will get back to you prompfly.

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Committee most interest
Si
Within three (3)
7 February 21, 2023 Item 04
City of Del Mar
Parks & Recreation Committee
Email [email protected]
Home Phone Home: (858) 755-9196
Alternate Phone Business: (858) 692-0355
Address
1535 Forest Way
Del Mar, CA 92014
Appointing Authority City Council
Position Secretary
Felise B Levine
1st Term Feb 05, 2018 - Jan 01, 2024
Email [email protected]
Home Phone Mobile: (858) 437-2665
Address
1135 Stratford Ct.

Del Mar, CA 92014
Appointing Authority City Council
Claire Mcgreal
2nd Term Jun 02, 2019 - Mar 02, 2025
Email [email protected]
Home Phone Home: (858) 755-5998
Alternate Phone Business: (619) 675-7174
Address
442 Zuni Drive
Del Mar, CA 92014
Position Vice Chair
Arlene Prater
1st Term Mar 21, 2022 - Mar 31, 2025
Email [email protected]
Home Phone Home: (858) 259-6233
Alternate Phone Mobile: (858) 354-7714
Address
2074 Gatun St.

Del Mar, CA 92014
Appointing Authority City Council
Position Chair
Mac McLoughlin
2nd Term Sep 06, 2022 - Sep 30, 2025
Board Roster
Parks & Recreation Committee Page 1 of 2
8 February 21, 2023 Item 04
Email [email protected]
Home Phone Home: (858) 243-9414
Address
1555 Luneta Dr.

Del Mar, CA 92014
Appointing Authority City Council
Marco Bruderer-schwab
1st Term Oct 04, 2022 - Oct 31, 2025
Email [email protected]
Home Phone Home: (858) 755-2330
Alternate Phone Mobile: (858) 880-5288
Address
328 Bellaire Street
Del Mar, CA 92014
Mary E. Friestedt
2nd Term Feb 02, 2023 - Feb 28, 2026
Vacancy
Parks & Recreation Committee Page 2 of 2
9 February 21, 2023 Item 04
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Monica Molina, Finance Manager/Treasurer
Via Ashley Jones, City Manager
DATE: February 21, 2023
SUBJECT: Amendments to the Miscellaneous, Part-Time, Temporary and Hourly Employees Salary Schedule
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council adopt the Resolution (Attachment A) amending the Miscellaneous, Part-Time, Temporary and Hourly Employees Salary Schedule (Exhibit A to Attachment A) to transition from a 12-step to a 5-step salary schedule, and to reflect amendments to the Seasonal Lifeguard series compensation.

DISCUSSION/ANALYSIS:

The City employs temporary, seasonal employees in various classifications to supplement the City’s full-time staff in operational areas including Parking Enforcement, Beach Maintenance, Lifeguard Services, and various clerical and administrative functions. Seasonal employees play a vital role and providing essential services for the City’s residents and visitors.

Periodically, staff reviews the City’s compensation for various positions, including seasonal classifications, and determines that adjustments are needed to better align the City’s compensation with similar agencies in the San Diego region. Based on a recent analysis of the City’s Miscellaneous, Part-Time, Temporary and Hourly Employees Salary Schedule (Seasonal Salary Schedule), staff recommends the City Council adopt the Resolution (Attachment) revising the Seasonal Salary Schedule as shown in Exhibit A to Attachment A, and as further described in this agenda report.

Transition to a 5-Step Compensation Plan for Seasonal Employees To better align the City’s Seasonal Salary Schedule with the compensation plans of similar agencies in the San Diego region, staff recommends that the City transition from the current 12-step salary schedule to a 5-step salary schedule effective March 3, 2023. 1 February 21, 2023 Item 05
City Council Agenda Report
Amendments to Seasonal Salary Schedule
February 21, 2023

A review of salary schedules in San Diego County shows that the number of steps typically varies from 5-6 steps. The City’s current 12-step range is outside the established norm and has proven detrimental to the City’s ability to recruit and retain high quality seasonal staff. Additionally, transitioning to a 5-step salary schedule for seasonal employees will help ensure that salaries remain competitive and aligned with the City Council’s compensation philosophy of maintaining salaries within 5-7% of the regional median.

The City implemented a 5-step salary schedule for Fire employees effective July 1, 2022, which has benefitted the City’s fire recruitment efforts. Similarly, the City will implement a 5-step salary schedule for General employees effective July 1, 2023, in accordance with the Del Mar Employee Association Memorandum of Agreement. Transitioning the City’s various salary schedules to a 5-step structure will only improve the City’s ability to employ highly qualified staff.

Amendments to Seasonal Lifeguard Series Compensation
Currently, the City’s Seasonal Lifeguard series is comprised of the Student Lifeguard entry-level classification and Seasonal Lifeguard I/II/III journey level classifications.

Recruiting and retaining qualified Seasonal Lifeguard staff is essential to maintaining safe and orderly beaches and parks in Del Mar for residents and visitors. Approximately 60 Seasonal Lifeguard staff work alongside the City’s five full-time Lifeguard employees, which includes the Community Services Director/Lifeguard Chief, Deputy Community Services Director/Deputy Lifeguard Chief, Lifeguard Sergeant, and two Senior Lifeguards. The Lifeguard Services department’s organizational chart is included with this agenda report as Attachment B.

Seasonal Lifeguards I/II/III monitor the City’s beaches, perform ocean rescues, educate beach goers on regulations pertaining the City’s parks and beaches, issue citations when necessary, and perform first aid and emergency medical services. Seasonal Lifeguards II and III function as leads and aid full-time staff in coordinating lifeguard services at the beach and the different lifeguard towers.

Due to recent hiring and retention challenges and in preparation for the summer season, City staff conducted a review of the City’s Seasonal Lifeguard compensation compared to other coastal cities in the region. The analysis showed that salaries for the Seasonal Lifeguard I/II/III positions were 8% to 15% below the regional median depending on the position.

In order to maintain Seasonal Lifeguard salaries within 5-7% of the regional median, staff recommends that the City Council adopt the Resolution (Attachment A) amending the Miscellaneous, Part-Time, Temporary and Hourly Employees Salary Schedule to consolidate the Seasonal Lifeguard series from three classifications to two classifications that more closely aligns the Seasonal Lifeguard series compensation with the City’s 2 February 21, 2023 Item 05
City Council Agenda Report
Amendments to Seasonal Salary Schedule
February 21, 2023

coastal counterparts. Additionally, it is recommended that the Student Lifeguard compensation be increased from the State’s minimum wage of $15.50 per hour to $16.00.

FISCAL IMPACT:

There is no fiscal action to be taken at this time resulting from approval of the recommended action for this item. The proposed changes to the Part-Time Salary Schedule have minimal impact to the FY 2022-2023 Operating and Capital Budget. If necessary, any required funding will be requested during the FY 2022-2023 Mid-Year Financial review.

ATTACHMENTS:

Attachment A – Resolution Amending the Salary Schedule for Miscellaneous, Part-Time, Temporary and Hourly Employees, Effective March 3, 2023 Exhibit A to Attachment A – Amended Salary Schedule for Miscellaneous, Part-Time, Temporary and Hourly Employees
Attachment B- Community Services Department Organizational Chart 3 February 21, 2023 Item 05
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AMENDING THE SALARY SCHEDULE FOR

MISCELLANEOUS, PART-TIME, TEMPORARY AND HOURLY
EMPLOYEES, TO TRANSITION FROM A 12-STEP TO A 5-STEP

STRUCTURE AND TO REFLECT AMENDMENTS TO THE

SEASONAL LIFEGUARD SERIES COMPENSATION
WHEREAS, the City’s Miscellaneous, Part-Time, Temporary and Hourly Employees Salary Schedule memorializes compensation for the City’s part-time employees; and
WHEREAS, the City employs temporary, seasonal employees in various classifications to supplement the City’s full-time staff in operational areas including Parking Enforcement, Beach Maintenance, Lifeguard Services, and various clerical and administrative functions. Seasonal employees play a vital role and providing essential services to the City’s residents and visitors; and
WHEREAS, the City Council wishes to amend the Miscellaneous, Part-Time, Temporary and Hourly Employees Salary Schedule to transition from the current 12- step structure to a 5-step structure; and
Whereas, the City Council desires to further amend the Miscellaneous, PartTime, Temporary and Hourly Employees Salary Schedule to consolidate the Seasonal Lifeguard I-III positions from three classifications to two classifications; and WHEREAS, the City Council has been presented with and has reviewed the revised salary schedule for Miscellaneous, Part-Time, Temporary and Hourly Employees of the City of Del Mar.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the above recitals are true and correct.

BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, California, that the City Council does hereby approve and adopt the amended salary schedule for Miscellaneous, Part-Time, Temporary and Hourly Employees as shown in Exhibit “A” to this Resolution, effective March 3, 2023.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, this 21st day of February 2023.
_____________________________
Tracy Martinez, Mayor
City of Del Mar
4 February 21, 2023 Item 05
Resolution No. 2023-XX

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. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 21st day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 February 21, 2023 Item 05

CITY OF DEL MAR

MISCELLANEOUS, PART-TIME, TEMPORARY AND HOURLY EMPLOYEES POSITION TITLE Grade A B C D E
Student Lifeguard * 700
Seasonal Lifeguard I * 702 16.95 17.80 18.68 19.62 20.60 Seasonal Lifeguard II* 709 19.11 20.07 21.07 22.12 23.23 Seasonal Lifeguard III * 710 22.46 23.58 24.76 26.00 27.30 Seasonal Worker I * 704 16.73 17.57 18.45 19.37 20.34
Seasonal Worker II * 713 19.19 20.15 21.16 22.22 23.33
Minutes Clerk I/Clerical Asst/Planning 700 16.73 17.57 18.45 19.37 20.34 Minutes Clerk II 712 18.58 19.51 20.49 21.51 22.59
On-Call Clerical/Secretarial Aide 700 16.73 17.57 18.45 19.37 20.34 Code Enforcement Clerk 712 18.58 19.51 20.49 21.51 22.59 Intern I 700
Intern II 701 17.46 18.33 19.25 20.21 21.22
Student Firefighters 600 16.00
Student Paramedics 600 16.00
Call Firefighters 601 16.00
EFFECTIVE MARCH 3, 2023
$16.00 (no step)
$16.00 (no step)
The positions listed below are currently inactive, but remain on the salary schedule in the event that the City wishes to fund the positions.
*Employees in these positions will receive one and a half times (1.5x) their normal hourly rate for all hours worked on the following holidays: Memorial Day (last Monday in May), Independence Day (July 4), and Labor Day (1st Monday in September).
6 February 21, 2023 Item 05

LIFEGUARD SERVICES

COMMUNITY

SERVICES

DIRECTOR/LIFEGAURD
CHIEF

COMMUNITY

SERVICES DEPUTY

DIRECTOR/LIFEGUARD
CHIEF

LIFEGUARD SERGEANT
SENIOR LIFEGUARD (2)

SEASONAL LIFEGUARD
SERIES

STUDENT LIFEGUARDS
Lifeguard Services Organizational
Chart
7 February 21, 2023 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: February 21, 2023
SUBJECT: City Attorney Memorandum on SANDAG Voting and AB 805 REQUESTED ACTION/RECOMMENDATION:

Staff requests the City Council receive a memorandum (Attachment A) from the City Attorney’s Office advising on the impact of Assembly Bill (AB) 805 on the San Diego Association of Government’s (SANDAG) voting structure and discuss as appropriate.

BACKGROUND:

At the City Council meeting on January 23, 2023, Councilmembers Gaasterland and Worden led a discussion regarding SANDAG’s weighted voting process. The agenda report for that item is included as Attachment B as reference. At the end of the discussion, the Council directed the City Attorney to review and interpret the application of AB 805 on SANDAG’s weighted voting structure and the interplay of such weighted voting with Brown Act requirements.

DISCUSSION/ANAYLSIS:

Pursuant to direction received from the City Council discussed above, the City Attorney’s Office prepared a memorandum on SANDAG’s voting structure and AB 805 that was shared with the City Council. On February 6, 2023, the City Council directed the City Attorney and staff to include an item on the February 21, 2023, City Council meeting agenda that would include a copy of the City Attorney’s memorandum for Council review and discussion, and making the information available to the public. The memorandum is included as Attachment A to this report.

ATTACHMENTS:

Attachment A – AB 805 Memorandum from the City Attorney’s Office Attachment B – City Council Agenda Report Regarding SANDAG’s Weighted Voting Process (January 23, 2023)
1 February 21, 2023 Item 06
402 Broadway, Ste. 1300, San Diego, CA 92101 T: (619) 354-5030 F: (619) 354-5035 DPMCLaw.com

MEMORANDUM
To: Mayor and Councilmembers of the City of Del Mar
From: Leslie E. Devaney, City Attorney and Richard E. Romero, Deputy City Attorney Date: February 9, 2023
Re: SANDAG voting and AB 805
Our office has been asked to advise on the impact of AB 805 on SANDAG’s voting structure and, in particular, to interpret the application of the weighted voting language. In addition, we were asked to advise on the interplay of such weighted voting with Brown Act requirements.

Short Answers
In adopting AB 805, the legislature expressly intended for the weighted vote to supersede a tally vote. As such, a weighted vote called for by two jurisdictions could overturn a tally vote where the weighted vote is approved by members of at least four jurisdictions and at least 51% of the total weighted vote. The weighted vote structure is without limitation as to whether the action subject to the tally vote passed or failed. A weighted vote can be used to disapprove an action approved by tally vote or to approve an action that failed by tally vote. Notwithstanding, the weighted voting structure does not affect Brown Act “meeting” standards, which refer to and are based on individual members rather than voting weight.

Background
AB 805, passed in 2017 and effective January 1, 2018, made a number of structural and organizational changes to San Diego’s regional transit agencies, including SANDAG, NCTD, and MTS.

Prior to the adoption of AB 805, any action by SANDAG (except consent items) required both a majority weighted vote and a majority tally vote of the members present. The two votes were taken simultaneously and a majority of both was required for an action to pass. AB 805 modified the weighted voting process and was intended to be an “overhaul of the decision-making process at SANDAG.”1 Supporters of the bill proposed that “AB 805 would reform the governance structure of SANDAG to better reflect and represent the San Diego region’s population.”2 Opponents of the bill countered that “the proposed voting system would enable 4 of the region’s 19 jurisdictions to determine all of the agency’s priorities and expenditures, effectively disenfranchising more than half of the region’s population.”3
1 AB 805 Assembly Floor Analysis, 09/07/17, p.6.
2 AB 805 Senate Floor Analysis, 09/03/17, p.11.
3 Id. at p.12.

Attachment A 2 February 21, 2023 Item 06
SANDAG voting and AB 805
February 9, 2023
Page | 2
Analysis
• Operation of weighted voting
The legislative materials for AB 805 demonstrate that weighted voting was in fact intended to allow for a weighted vote to override a tally vote. Both the Senate and Assembly floor analyses on AB 805 (in addition to the statutory text enacted by AB 805) expressly state that the weighted vote could supersede a tally vote. In describing the effects of AB 805, the Senate floor analysis notes that the bill:
2) Requires an affirmative vote of the majority of SANDAG Board members present to act on any item.
3) Removes the requirement that any SANDAG action be approved by both tally and weighted votes, and instead authorizes the members of any two jurisdictions to call a weighted vote after a vote of the SANDAG Board members on the basis of one vote per agency is taken. 4) Makes changes to the formula to apportion weighted votes… 5) Requires for approval under the weighted vote procedure a vote of the representatives of no less than four jurisdictions which represent no less than 51% of the total weighted vote to supersede the original action of the SANDAG Board.
4 The Assembly floor analysis uses almost identical language, including about how the weighted vote would supersede a tally vote:
2) Required an affirmative vote of the majority of SANDAG Board members present to act on any item.
3) Removed a provision in existing law which required both a majority vote of the members present on the basis of one vote per agency and a majority of the weighted vote of the member agencies present in order to act on any item, and instead, authorized the members of any two jurisdictions to call a weighted vote after a vote of the SANDAG Board members on the basis of one vote per agency is taken.
4) Made changes to the formula to apportion weighted votes... 5) Required for approval under the weighted vote procedure a vote of the representatives of no less than four jurisdictions which represent no less than 51% of the total weighted vote to supersede the original action of the SANDAG Board.
5 As noted above, the text enacted by AB 805 also makes it clear that the intent was to enable a weighted vote to override a tally vote, setting out the requirements to “supersede the original action of the board.”6 Under general rules of statutory interpretation, the starting point of any analysis is always the language of the statute itself:

When interpreting a statute, “we turn first to the language of the statute, giving the words their ordinary meaning.” If the language warrants more than one reasonable interpretation, then the court looks “to a variety of extrinsic aids, including the ostensible objects to be achieved, the evils to be remedied, the legislative history, public policy, contemporaneous 4 Id. at p. 4-5 (emphasis added). 5 AB 805 Assembly Floor Analysis, 09/07/17, p.2. 6 PUC § 132351.2(e).

Attachment A 3 February 21, 2023 Item 06
SANDAG voting and AB 805
February 9, 2023
Page | 3
administrative construction, and the statutory scheme of which the statute is a part.” “In the end, ‘[w]e must select the construction that comports most closely with the apparent intent of the Legislature….’ ”7
Both the express language of new Public Utilities Code section 132351.2 and extrinsic materials such as the legislative history of AB 805 make it clear that a weighted vote could overturn a tally vote.

The rationale of the new weighted voting process appears to have been that it would be more representative of the region’s population in that four jurisdictions were required to be in support of a weighted vote in order to override a tally vote. Under the prior voting structure, by contrast, two jurisdictions alone could have controlled the vote if their weighted votes represented the majority, because any action required both a majority tally vote and a majority weighted vote.

Under that structure, the County and City of San Diego, for example, could together essentially veto any action by voting against it, since a majority weighted vote was required for every non-consent action. Subsection (e) of Public Utilities Code section 132351.2 was added for that reason:

Approval under the weighted vote procedure requires the vote of not less than four members representing separate jurisdictions and not less than 51 percent of the total weighted vote to supersede the original action of the board.8
PUC § 132351.2(e) lacks any kind of limitation on the types of actions subject to a weighted vote. It simply establishes what is required for a weighted vote to “supersede the original action of the board“– without limitation as to the type of action. The statutory language indicates that a weighted vote can be used to disapprove an action approved by tally vote, or to approve an action that failed by tally vote.

As noted above, opponents of AB 805 contended that such language would still defeat proportionate representation, as it would allow four jurisdictions to veto actions by a majority of jurisdictions voting in the tally vote; however, such arguments were unavailing.

For context, we note that weighted voting is not uncommon and is often used in multiagency or regional governance. • Brown Act
Given the above interpretation of the weighted voting structure created by AB 805, a related question was if and how such weighting would impact analyses on Brown Act meetings or quorum.

However, we have found no evidence that any kind of weighted voting standards is relevant or applicable to a Brown Act meeting analysis. In defining a “meeting,” the Brown Act appears to refer to individual members of legislative bodies:

As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as 7 People v. Gaitan (2001) 92 Cal.App.4th 540, 544–545 (internal citations omitted). 8 PUC § 132351.2(e) (emphasis added).

Attachment A 4 February 21, 2023 Item 06
SANDAG voting and AB 805
February 9, 2023
Page | 4
permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.9 There is nothing in such language that indicates a “member” is anything other than an individual, nor that any kind of weighting factors into it. In establishing quorum requirements, the relevant Public Utilities Code similarly refers to “members”: “A majority of the member agencies constitute a quorum for the transaction of business.”10 As used throughout section 132351.2, “members” refers to individuals, such as in requiring that the County and City of San Diego “allocate their weighted votes equally between their primary and secondary members.”11 Thus, for both Brown Act meeting requirements and Public Utilities Code quorum requirements, membership seems to focus on individual members without regard to any kind of weighted voting. We inquired with a colleague in the region who represents and is familiar with other regional agencies with weighted voting and they were not aware of any interpretation or authority related to the Brown Act that applied weighted voting. We also contacted the San Diego County Water Authority as requested and they similarly do not consider weighting in establishing a quorum and were not aware of it being relevant for Brown Act purposes either.

Conclusion
Pursuant to both the express language and legislative history of AB 805, it appears evident that the intent of AB 805’s revisions to the SANDAG voting structure was in fact to allow weighted voting to override a tally vote. With respect to membership and meetings under the Brown Act, however, such weighting does not appear to be relevant. 9 Gov. § 54952.2(a).
10 PUC § 132351.2(a). 11 PUC § 132351.2(b).

Attachment A 5 February 21, 2023 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Councilmembers Terry Gaasterland and Dwight Worden DATE: January 23, 2023
SUBJECT: Council Discussion Regarding SANDAG Weighted Voting Process REQUESTED ACTION/RECOMMENDATION:

Councilmembers Terry Gaasterland and Dwight Worden recommend that the City Council discuss the San Diego Association of Governments (SANDAG) weighted voting process established in 2017 by Assembly Bill 805 and provide guidance to Councilmember Gaasterland as Del Mar’s primary representative to the SANDAG Board in preparation for an upcoming related SANDAG Board agenda item.

DISCUSSION/ANALYSIS:

California Assembly Bill 805 (AB 805), County of San Diego: Transportation Agencies, was signed into law on October 11, 2017, and amended provisions of the Government Code to change the SANDAG Board voting structure.

Currently, Councilmember Terry Gaasterland serves as the City’s representative to the SANDAG Board of Directors, who have an upcoming agenda item to discuss the SANDAG weighted voting process on January 27, 2023. The purpose of this agenda item is for the Council to discuss this issue and provide guidance to Councilmember Gaasterland as the City’s SANDAG Board representative in preparation for the upcoming SANDAG Board discussion.

SANDAG’s Bylaws, which includes provisions related to the weighted vote, are included with this agenda report at Attachment A. To facilitate City Council discussion, Councilmember Worden’s comments on issues related to the SANDAG Board and suggested revisions to AB 805 that were prepared prior to the bill’s adoption in 2017 are included with this agenda report as Attachment B. Additionally, AB 805 is included as Attachment C to this agenda report.

ATTACHMENTS:

Attachment A – SANDAG Bylaws
Attachment B – 2017 Councilmember Worden’s AB 805: Suggested Revisions Attachment C – AB 805
Attachment B 6 February 21, 2023 Item 06

SAN DIEGO ASSOCIATION OF GOVERNMENTS BYLAWS

ARTICLE I

NAME AND PURPOSE
Section 1
The name of this organization shall be the San Diego Association of Governments (hereinafter referred to as SANDAG).

Section 2
The purposes of this organization are as set forth in the San Diego Regional Transportation Consolidation Act (the “Act”1
), as established by state and federal law, and
as approved by the Board of Directors. The primary purpose for which this organization is created is to engage in regional cooperative comprehensive planning, programming and where authorized, implementation thereof, and to assist the Member Agencies.

ARTICLE II

DEFINITIONS
The following terms shall have the meanings ascribed to them within this section unless the content of their use dictates otherwise:
a. “Board Member” shall mean a voting member of the Board of Directors. b. “Region” shall mean that territory physically lying within the boundaries of San Diego County.
c. “Population” of any Member Agency shall mean that population as defined in SB 1703. d. “Fiscal Year” shall mean that year beginning July 1 and ending June 30. d. “Member Agencies” shall mean the cities within San Diego County and the County of San Diego collectively.
e. “Subregion” shall mean one of the following six geographic areas: San Diego County; the City of San Diego; "North County Coastal," which includes the cities of Del Mar, Solana Beach, Encinitas, Carlsbad, and Oceanside; "North County Inland," which includes the cities of Vista, San Marcos, Escondido, and Poway; “South County," which includes the cities of Chula Vista, National City, Imperial Beach, and Coronado; and “East County," which includes the cities of El Cajon, Santee, La Mesa, and Lemon Grove. 1 Public Utilities Code §132350 et seq.

Attachment B 7 February 21, 2023 Item 06

ARTICLE III

MEMBERSHIP AND ORGANIZATION
Section 1
Membership in this organization shall be as provided in state law, Board Policies, and these Bylaws.

Section 2
a. All powers of SANDAG shall be exercised by the Board of Directors. The Board of Directors may choose to delegate several of its responsibilities from time to time in accordance with Board policy.
b. Only the duly selected official representative(s), or in his or her absence, his or her duly selected alternate or alternates, shall be entitled to represent his or her Member Agency in the deliberations of the Board of Directors.
c. When changes occur, names of the official representatives and alternates shall be communicated in writing to the SANDAG Clerk of the Board by each participating Member Agency.

Section 3
There shall be at least six standing committees which shall be known as Policy Advisory Committees with the membership set forth in the Act or Board Policy. a. The procedure for subregional appointments to the Policy Advisory Committees shall be established by Board policy. In the case of the subregional appointments, the policy shall ensure a noticed, formal process wherein all Board Members (including alternates) from each subregion are provided an opportunity to participate in the selection process. Each subregion shall ensure that SANDAG staff is notified of the date, time, and location for that subregion’s meeting. After the meeting for each subregion is set by the primary Board Members, SANDAG staff shall provide Board alternates from each subregion advance notice of the meeting. A majority of the primary members present at the subregion meeting shall make a selection by January 31. An alternate member may vote in the absence of the primary member. In appointing persons to the Transportation Committee, to the extent possible, the subregions and other agencies should avoid duplication of representation from any city other than the City of San Diego.
b. Procedures for Policy Advisory Committee attendance and voting shall be established by Board policy. The policy shall ensure the formal delineation of the voting membership at each meeting.
c. The Board Chair, First Vice Chair and Second Vice Chair may serve as ex-officio, nonvoting members of the Policy Advisory Committees. d. The Board Chair shall select the Chair and Vice Chair of all Policy Advisory Committees except the Executive Committee and Audit Committee, annually in or around February. e. The Board Chair shall serve as the chair of the Executive Committee. The Board First Vice Chair shall serve as the First Vice Chair of the Executive Committee. The Board Second Vice Attachment B 8 February 21, 2023 Item 06
Chair shall serve as the Second Vice Chair of the Executive Committee. f. The Chair and Vice Chair of the Audit Committee shall be selected as set forth in Board Policy No. 039.

Section 4
The Board of Directors or a Policy Advisory Committee with delegated authority shall have the authority to appoint all additional committees or working groups and may provide for the appointment of alternates to these committees if permitted by a Board Policy. a. Additional Policy Advisory Committees may be appointed by the Board of Directors as may be required to carry out general and continuing functions and may be abolished only upon specific action by the Board of Directors.
b. Ad hoc specialized subcommittees or working groups may be appointed by the Board of Directors as the need arises to accomplish specific tasks. The Policy Advisory Committees may appoint working groups to advise them. Upon completion of its assignment, each ad hoc subcommittee or working group shall disband.

Section 5
In addition to any compensation mandated by state law for Board meetings, the rates below shall apply. Persons must be present for at least 1/2 of the time set for the meeting or the duration of the meeting, whichever is less, in order to be eligible for compensation. a. For attendance by Board Members, or alternates in their absence, at Board meetings or Board subcommittee meetings, $150 per meeting.
b. For attendance by all voting members and their alternates of a Policy Advisory Committee, $100 per meeting.
c. For attendance by Board Members and alternates, or advisory Board members when serving as a chair of a Working Group, $100 per meeting.
d. The limit on the total number of paid Board, Policy Advisory Committee, and Working Group meetings is six meetings per individual per month. In no event shall a member of a Policy Advisory Committee or Working Group receive more than one stipend for attendance at a concurrent meeting.

The Chair of the Board shall receive additional monthly compensation of $700 per month, which shall include compensation for attendance at one in-person staff briefing per scheduled meeting of the Board. Any additional meetings or events attended in-person by the Chair of the Board shall be compensated in accordance with the requirements of Article III, section 5(h).
e. Both the First Vice Chair and Second Vice Chair of the Board shall receive additional monthly compensation of $350 per month, which shall include compensation for attendance at one in-person staff briefing per scheduled meeting of the Board. Any additional meetings or events attended in-person by the Vice Chair of the Board shall be compensated in accordance with the requirements of Article III, section 5(h).

Attachment B 9 February 21, 2023 Item 06
f. For attendance by Board Members at meetings or events other than those described above when serving as an official representative of SANDAG or from which from which SANDAG will, at the discretion of the Chair of the Board, derive a specific benefit through the inperson attendance of a representative, $100 per each day of the meeting or event in which business is conducted if within the County of San Diego, or $150 per each day of the meeting or event in which business is conducted if outside of the County of San Diego. Ethics training and similar classes of an educational nature shall not constitute an event for which compensation will be paid unless the Board Member is attending the training as an official representative of SANDAG.

ARTICLE IV

MEETINGS
Section 1
a. A quorum for a meeting of the Board of Directors shall be as provided for in Section 5 of this Article.
b. A quorum shall be required for the conduct of any business of a committee. No business shall be conducted by a committee without a quorum. A simple majority of the appointed members of a committee shall constitute a quorum. All decisions by a committee shall be by simple majority of the quorum.

Section 2
Parliamentary procedure at all meetings shall be governed by Roberts Rules of Order except as otherwise modified by state law, Board Policy, or these Bylaws. SANDAG shall forward notice of the meetings of the Board of Directors and each Policy Advisory Committee, stating the time, location, and the agenda of business to the respective members and alternates of the Board of Directors or the Policy Advisory Committees, at the earliest time possible, but in no event less than 72 hours prior to meetings, except that such written notice of regular Board of Directors’ meetings may be forwarded by first class mail or other appropriate means not less than seven days prior to such meeting.

Section 3
All meetings of a SANDAG legislative body, including without limitation regular, adjourned regular, and special meetings of the Board of Directors, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code). Closed session items should be heard by the Board of Directors unless timeliness requires consideration by the Executive Committee or, for transportation matters the Transportation Committee. The Audit Committee may hold closed sessions on matters within its purview. In any event, the Transportation Committee is authorized to convene closed sessions and make final decisions with regard to real property transactions related to transportation projects, however, this delegation does not include the authority to make a Resolution of Necessity or to commence litigation. The Transportation Committee will report real property transaction purchase amounts at the next regular meeting of the Board occurring after final execution of the purchase documents.

Attachment B 10 February 21, 2023 Item 06
Section 4
The Board and committees shall meet according to the following schedule:
a. The Board of Directors and Policy Advisory Committees shall hold their regular meetings on Fridays unless otherwise determined from time to time by the Board of Directors or
Policy Advisory Committee. Regular meetings of the Board of Directors shall be held on the second and fourth Friday mornings of the month at the SANDAG offices or at other locations within San Diego County, unless otherwise provided by the Board. Special meetings of the Board of Directors or Policy Advisory Committees may be called from time to time by their respective Chair.
b. Other committees shall meet whenever called by their respective Chair.

Section 5 (Sections 132351.2 and 132352.1 of the Public Utilities Code) a. There are 19 Member Agencies on the Board and a majority of the Member Agencies constitutes a quorum for the transaction of business. In order to take final action on any item, except the final vote(s) electing the Chair and First Vice Chair of the Board, which shall require use of the weighted vote procedure as described below in subsection b, a majority vote of the Board Members present on the basis of one vote per agency (tally vote) is required. After the tally vote of the Board Members is taken, a weighted vote may be called by the Board Members of any two Member Agencies unless otherwise required by law.

Approval under the weighted vote procedure requires the vote of not less than four Board Members representing separate Member Agencies and not less than 51 percent of the total weighted vote to supersede the original action of the Board. b. The election of the Chair and First Vice Chair of the Board shall require use of the weighted vote procedure set forth in Public Utilities Code Section 132351.2(e) without a prior tally vote requirement. In the event approval using the procedure in Public Utilities Code Section 132351.2(e) cannot be obtained to allow final action on the election, one or more preliminary votes may be taken using the tally vote method in order to narrow the options sufficiently to obtain approval on the final action as required by Public Utilities Code Section 132351.2(e).
c. The City and County of San Diego shall each determine how to allocate their tally vote between their two members by resolution and shall provide their resolutions to the SANDAG Clerk of the Board. The City and County of San Diego shall allocate their weighted votes equally.
d. For the weighted vote, there shall be a total of 100 votes, except additional votes shall be allowed pursuant to subdivision (h). Each Member Agency shall have that number of votes determined by the following apportionment formula, provided that each agency shall have at least one vote, no agency shall have more than 50 votes, and there shall be no fractional votes in the allocation of votes to each Member Agency:
(1) If any agency has 50 percent or more of the total population of the San Diego County region, allocate 50 votes to that agency and follow paragraph (2), if not, follow paragraph (3).

Attachment B 11 February 21, 2023 Item 06
(2) Total the population of the remaining agencies determined in paragraph (1) and compute the percentage of this total that each agency has. (A) Multiply each percentage derived above by 50 to determine fractional shares. (B) Boost fractions that are less than one, to one and add the whole numbers. (C) If the answer to subparagraph (B) is 50, drop all fractions and the whole numbers are the votes for each Member Agency.
(D) If the answer to subparagraph (B) is less than 50, the remaining vote(s) is allocated one each to the Member Agency having the highest fraction excepting those whose vote was increased to one pursuant to subparagraph (B) above. (E) If the answer to subparagraph (B) is more than 50, the excess vote is taken one each from the Member Agency with the lowest fraction. In no case shall a Member Agency’s vote be reduced to less than one.
(3) Total the population determined in paragraph (1) and compute the percentage of this total that each Member Agency has.
(A) Boost fractions that are less than one to one and add the whole numbers. (B) If the answer to subparagraph (A) is 100, drop all fractions and the whole numbers are the votes for each Member Agency.
(C) If the answer to subparagraph (A) is less than 100, the remaining vote(s) is allocated one each to the Member Agency having the highest fraction excepting those whose vote was increased to one pursuant to subparagraph (A) above. (D) If the answer to subparagraph (A) is more than 100, the excess vote(s) is taken one each from the agency with the lowest fraction. In no case shall a Member Agency’s vote be reduced to less than one.
e. When a weighted vote is taken on any item that requires more than a majority vote of the Board, it shall also require the supermajority percentage of the weighted vote. f. The weighted vote formula shall be recomputed in the above manner every July 1. g. For purposes of subsection d, the population of the County of San Diego is the population in the unincorporated area of the county. In those years when the primary representative of the San Diego County Board of Supervisors to the SANDAG Board of Directors is from a district that is substantially an incorporated area, a supervisor who represents a district that is substantially an unincorporated area shall be appointed to the Board as the secondary representative. Alternatively, in those years when the primary representative of the San Diego County Board of Supervisors is from a district that is substantially an unincorporated area, a supervisor who represents a district that is substantially an incorporated area shall be appointed to the Board as the secondary representative. h. Any newly incorporated city shall receive one vote under the weighted vote procedure specified above until the next recomputation of the weighted vote formula, at which time the new agency shall receive votes in accordance with the recomputed formula. Until this Attachment B 12 February 21, 2023 Item 06
recomputation, the total weighted vote may exceed 100.

ARTICLE V

OFFICERS AND THEIR DUTIES
Section 1
The Board of Directors shall have as officers a Chair, First Vice Chair and Second Vice Chair who are primary members of the Board. Policy Advisory Committees shall have as officers a Chair and Vice Chair, who are primary or alternate members of the Board and primary members of their respective committees. The Executive Director shall be the Secretary of the Board and each Policy Advisory Committee.
a. The Chair shall preside over Board and committee meetings and have general supervision of Board and committee affairs. The Chair shall sign all official documents when directed to do so by the Board and committees respectively.
b. The First Vice Chair shall perform the duties of the Chair in his or her absence and perform any duties that the Chair may require. The Second Vice Chair shall perform the duties of the First Vice Chair in his or her absence and perform any duties that the Chair may require.
c. In the event of the absence of all officers of the Board, the Immediate Past Chair may preside or the Board Chair may appoint a voting member of the Board or committee in advance to act as acting chair of the body for that meeting.

Section 2
The Board may delegate authority to the Board Chair for action consistent with Board approved criteria on categories of items.

Section 3
Election of officers of the Board of Directors shall be held every two years during a regular meeting on or before January 15. A majority of the Board Members may approve variations to the schedule in this Section in the event of a vacancy or other exigency. All officers of the Board shall be from different subregions. Officers for the Board of Directors shall be elected in the following manner:
a. Nominations for any office may be made by Board Members at the election meeting.

Only candidates who are primary members nominated from the floor on the day of election will be considered for office.
b. Nominations shall take into account the nominee’s availability, experience, skills, geographic diversity, and the benefits associated with having the First Vice Chair succeed the outgoing Chair and the Second Vice Chair succeed the outgoing First Vice Chair. c. The Chair and First Vice Chair shall be elected pursuant to the weighted vote process set forth in Article IV, Section 5(b) of these Bylaws.

Attachment B 13 February 21, 2023 Item 06
d. All officers shall be elected for a term(s) of two years or until their successors are elected.

They shall begin their term of office immediately following the election. e. In the event that the Board Member who has been elected Chair, First Vice Chair or Second Vice Chair is no longer a primary member of the Board of Directors, the office shall be considered vacant.
f. Any vacated officer position may be filled at the next regular Board meeting by nominations from the floor, and the election shall be carried out pursuant to the voting procedure otherwise applicable to the vacated officer position.

Section 4
a. The Board of Directors shall appoint an Executive Director who shall hold office until he or she resigns or is removed by the Board of Directors. The Executive Director shall be the chief executive officer of SANDAG and shall be permitted to utilize the title of Executive Director and/or Chief Executive Officer interchangeably with equal force and effect. The Executive Director shall have charge of all projects and property of SANDAG. The Executive Director and if she or he is an employee, the independent performance auditor, shall file with the Director of Finance of SANDAG an official bond in the minimum amount of $100,000 or such larger amount as the Board of Directors specifies, guaranteeing faithful performance of his or her duties.
b. The Executive Director will be responsible to the SANDAG Board of Directors as set out in Board Policies and administrative policies and manuals for the administration of SANDAG’s business, including: (1) development of program objectives, definition, directions and priorities;
(2) management of SANDAG programs and coordination of staff and support services; (3) the development of financial support programs for SANDAG activities; (4) the recommendation and submission of an annual SANDAG program budget to the Board of Directors; (5) execution of the adopted personnel, purchasing, and budgetary systems; and (6) development of a recommended administrative policy that includes a process to conduct staff performance evaluations on a regular basis to determine if the knowledge, skills, and abilities of staff members are sufficient to perform their respective functions, and which is brought to the Board for review on an annual basis.
c. Any additional staff support services provided by Member Agencies or others shall be coordinated by the Executive Director.
d. The Executive Director is hereby enabled to develop and maintain an Employee Handbook, as well as all other administrative policies governing the administrative procedures of SANDAG, and to administer SANDAG’s personnel system in accordance therewith.
e. The Executive Director shall perform such other and additional duties as is necessary to carry out the objectives and function of SANDAG and as directed by the Board of Directors. In addition to any applicable employment contract provisions, the Executive Director shall carry out his or her duties consistent with the requirements of the Bylaws, Board Policies, Employee Handbook and other administrative policies of SANDAG, listed in the stated order of precedence.

Attachment B 14 February 21, 2023 Item 06

ARTICLE VI

FINANCIAL
Section 1
The Board of Directors shall consider a draft budget for approval no later than April 1 of each year, and again during the month of May. Upon initial consideration, the Board of Directors may approve the draft budget as presented, or direct staff to either make specified revisions to the draft budget or provide the Board with additional information regarding projected revenues or proposed expenditures in the draft budget. After approval of a draft budget, the Board of Directors shall adopt a final budget no later than June 30 of each year. A copy of the draft budget when approved and a copy of the final budget when adopted shall be filed with each Member Agency.

Section 2
Responsibility for supplying funds for that portion of the budget for SANDAG, which is to be supplied by the Member Agencies, as adopted by the Board of Directors, shall be divided among the Member Agencies based on their population with each Member Agency including within its budget as funds to be supplied to SANDAG that sum of money determined by taking the ratio its population bears to the total population of the region and multiplying it by that portion of the approved budget to be supplied by the Member Agencies. Payment of this determined sum of money shall be made by each Member Agency by July 15 of each year. If payment by a Member Agency has not been made by September 1 of each year, that Member Agency shall no longer vote as a member of the Board of Directors. A delinquent Member Agency will be allowed to vote when full payment has been made, including interest computed from July 15 at the established legal rate.

Section 3
The Director of Finance of SANDAG, who shall be permitted to use the title of Chief Financial Officer with equal force and effect, shall establish and maintain such funds and accounts as may be required by good accounting practice, state and federal law, and these Bylaws. The books and records of SANDAG in the hands of the Director of Finance shall be open to inspection at all reasonable times by representatives of the Member Agencies. The Director of Finance of SANDAG shall issue a Comprehensive Annual Financial Report by December 31 after the close of each fiscal year and a copy shall be provided to each of the Member Agencies.

Section 4
The Director of Finance of SANDAG shall receive, have the custody of, and disburse SANDAG funds upon the warrant or check-warrant of the Finance Manager pursuant to the accounting procedures developed under Section 3 above, and shall make the disbursements required to carry out any of the provisions or purposes of SANDAG. The Director of Finance of SANDAG may invest SANDAG funds in accordance with state and federal law. All interest collected on SANDAG funds shall be accounted for and posted to the account of such funds.

Section 5
Delegation of authority from the Board of Directors for final financial/contracting approvals, including selection of vendors, acceptance of funding, stipulations of any nature, and any Attachment B 15 February 21, 2023 Item 06
resulting budget amendment to serve as a limitation applicable to a particular job or program (not to be exceeded on a serial basis), shall be as follows:
a. Up to $300,000 to the Executive Director, subject to increase by Board action, or as may be modified in Board Policy No. 017 concerning delegation of authority to the Executive Director.
b. Up to $500,000 to the Executive Committee for any item, subject to increase by Board action. c. Up to $500,000 to the Transportation Committee for transportation items, subject to increase by Board action.
d. Up to $500,000 to the Public Safety Committee for ARJIS and Criminal Justice Division items, subject to increase by Board action.
e. The Executive Director, Executive Committee, Public Safety Committee, and Transportation Committee shall report approvals under this section to the Board of Directors at least quarterly.

Section 6
The amount budgeted for Member Assessments related to Criminal Justice database access shall be as adopted by the Board of Directors and divided among the Member Agencies using a formula based on population. Payment of this determined sum of money shall be made by each Member Agency by July 15 of each year. If payment by a Member Agency has not been made by
September 1 of each year, that Member Agency shall no longer vote as a member of the Board of Directors. A delinquent Member Agency will be allowed to vote when full payment has been made, including interest computed from July 15 at the established legal rate.

ARTICLE VII

RELATIONSHIPS AND RULES OF PROCEDURE
Section 1
The functions of the Board of Directors and Policy Advisory Committees shall be established by Board policy. The Board of Directors may delegate functions to the Policy Advisory Committees as it deems appropriate.

Section 2
The Board of Directors shall provide guidance to committees and working groups. The Board may advise Member Agencies on the coordination of general plans, or on the resolution of conflicts between the general plans of agencies in the San Diego region.

Section 3
Conflicts between governmental agencies should be resolved among the affected agencies. In matters affecting more than one local government, and where requested by the affected agencies, SANDAG shall have the authority to hear and make recommendations if the conflicts Attachment B 16 February 21, 2023 Item 06
are not resolved to the satisfaction of each affected agency. Regional plans should serve as the guideline for the resolution of conflicts.

Section 4
Each action taken by SANDAG that requires implementation should include designation of the agency or agencies directly responsible for such implementation.

Section 5
The general and specific references to the construction authority of SANDAG in SB 1703 shall be interpreted as applicable solely to its responsibilities for project development and construction of transit projects which were previously within the purview of the transit development boards and are consolidated under the authority of SANDAG.

ARTICLE VIII

INFORMATION AND EVALUATION
Section 1
a. SANDAG shall disseminate information concerning its work program and activities. The required information system should be organized and categorized so that it will continue to allow full and efficient use of information by the public and private sectors. b. Adequate provision for public participation shall be provided as required by law and as directed by the Board of Directors.
c. The Board shall perform an annual evaluation of SANDAG’s goals, purpose, structure, and performance, directed toward continually improving the planning, coordination, and implementation process.

ARTICLE IX

AMENDMENTS
Section 1
The Board of Directors shall be responsible for making all amendments to these Bylaws. a. Proposed amendments may be originated by the Board of Directors, the Executive Committee, or any member of the Board of Directors.
b. Prior to being taken to the Board of Directors for approval, proposed amendments should be taken to the Executive Committee preliminarily for review and discussion and then brought to the Executive Committee at a subsequent meeting for a recommendation for approval to the Board.
c. A copy of any proposed amendments shall be forwarded by the Clerk of the Board to the official representative of each Member Agency, his or her alternate and the Member Agency itself, at the same time as the proposed amendments are mailed as a report attachment to the agenda for the preliminary Executive Committee meeting referred to in subsection b of this section.

Attachment B 17 February 21, 2023 Item 06
d. Amendments to these Bylaws (except those provisions mandated by state law) shall require the vote of a majority of the Member Agencies using the voting process described in Article IV, Section 5(a) of these Bylaws.

Adopted July 2003 by the SANDAG Board of Directors
Revised November 2003 by the SANDAG Board of Directors
Amended November 2004 by the SANDAG Board of Directors
Amended January 2006 by the SANDAG Board of Directors
Amended July 2007 by the SANDAG Board of Directors
Amended December 2008 by the SANDAG Board of Directors
Amended January 2010 by the SANDAG Board of Directors
Amended March 2014 by the SANDAG Board of Directors
Amended November 2014 by the SANDAG Board of Directors
Amended December 2015 by the SANDAG Board of Directors
Amended January 2017 by the SANDAG Board of Directors
Amended February 2018 by the SANDAG Board of Directors
Amended January 2019 by the SANDAG Board of Directors
Amended April 2020 by the SANDAG Board of Directors
Amended February 2021 by the SANDAG Board of Directors
Amended June 2021by the SANDAG Board of Directors
Attachment B 18 February 21, 2023 Item 06
AB 805: SUGGESTIONS FOR REVISIONS
D. Dwight Worden
May 4, 2017
SANDAG has problems. They can be improved by reform legislation. I recommend consideration of the following.

What are the problems with SANDAG?
Its Board is large with 19 member agencies, 21 voting members, plus 9 non-voting members, for a total of 30 Board members. As a consequence, Board operations are cumbersome and unwieldly. If each board member wants to speak once for 3 minutes on a topic, that would take an hour and a half. Given a staff presentation and public testimony taking time, in a 3 hour Board meeting there is no time for Board discussion and debate. This cumbersome structure discourages dialogue, and in my view is at the root of SANDAG’s systemic problems.

SANDAG board members are not required to have a background in or to learn complex transit planning issues before assuming office. Some board members do their homework and come prepared, but some do not. Some have background, many do not. This is not an ideal Board structure for good decision making.

There is no requirement for SANDAG Board members to keep their home agencies informed or to seek guidance from their home agencies on how they vote. Some do, some don’t. This lack of structure often leaves the home agency and the public feeling board members are disconnected from their city council or Board of Supervisors and from their local constituencies.

As a consequence of these structural deficiencies, power is defaulted to SANDAG staff and to a few powerful committees. Recommendations from the SANDAG staff and these few committees tend to be approved without much debate by the Board leaving the public feeling disconnected and distrustful of SANDAG. These are structural problems that can be addressed.

What is not the problem: The voting structure. The voting structure works well to encourage regional cooperation, giving each member agency, regardless of population, a voice but also giving weight to member agencies with larger populations. Transit planning needs to be planned, financed, constructed, and operated on a regionally coordinated basis to be most effective, and the current voting structure serves that end well. The problems lie elsewhere.

What are some structural improvements to consider?

1. Longer and/or more frequent board meetings. Revise the structure so that real debate and discussion can occur at the Board level, and encourage it. Planning for Attachment B 19 February 21, 2023 Item 06
and spending $205 billion on transit over the next planning horizon is worth taking the time to discuss, debate, and do well.

2. Require Continuing education. Require initial training in transit planning for all new board members, and regular annual refreshers for all board members. State law requires such continuing education in other fields, such as conflict of interest, why not for transit which arguably is more complex with more public money at stake? Every voting Board member should know the basics of transit financing, budgeting, planning, and administration. The public needs to know the SANDAG Board understands the subject matter it controls. That is not necessarily the case today.

Better decision making will come from an informed and educated Board.

3. Require Board members to report to and receive direction from their home agency on all major issues. A template for such reports could be developed, and a condition of assuming office at SANDAG could be a requirement to regularly keep informed, and receive direction from, a Board member’s home agency. Perhaps require a disclosure statement before each SANDAG Board vote as to whether or not the Board member received direction from his/her home agency? Similar disclosures before voting are required on other topics, why not on the important topic of transit? These kinds of changes will increase the accountability of Board members, will increase the opportunities for input by member agencies, and will increase the ability of local constituencies to influence SANDAG decision-making through regular input at their home agency meetings. All this will lead to better decision making, more transparency, and more public confidence in SANDAG.

4. Provide for live streaming of SANDAG Board and committee meetings. Allow the public to watch SANDAG committee and board meetings live on-line, and if possible accommodate real time remote public input through email or messaging. Live casting is done for other agencies (e.g. Coastal Commission) and would greatly increase public access to and participation in SANDAG meetings. If remote messaging could also be accommodated SANDAG could become a poster child for encouraging transparency and public participation through technology. Increasing public participation will improve decision making and increase public confidence in SANDAG.

5. Provide for regional advisory committees. On other important regional topics like general and community planning, or Regional Park planning, a system of advisory committees exists. The city and county of San Diego each have a system of advisory community planning groups. The San Dieguito River Park JPA has its Citizen’s Advisory Committee to make recommendations on Regional Park planning. Why not a system like this for SANDAG as it undertakes regional transit planning? Transit Attachment B 20 February 21, 2023 Item 06
planning is as important as general and community planning, or Regional Park planning. Establishing a system of advisory committees could go a long way to increasing public participation and confidence in SANDAG. Maybe there could be a system of three such advisory committees—one each for North, South, and East County, with each home agency appointing one citizen representative to the advisory committee for its region?
Conclusion. SANDAG has structural constraints that, in my view, cause the majority of its problems. These should be the focus of AB 805. The above are ideas offered as “food for thought.” Some may have merit, some on further study may not.

Respectfully submitted,
D. Dwight Worden
Del Mar City council
Attachment B 21 February 21, 2023 Item 06
1/18/23, 10:59 PM Bill Text - AB-805 County of San Diego: transportation agencies. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB805 1/12 SHARE THIS: Date Published: 10/12/2017 02:00 PM
AB-805 County of San Diego: transportation agencies. (2017-2018) Assembly Bill No. 805
CHAPTER 658
An act to amend Sections 120050.2, 120051.6, 120102.5, 125102, 132351.1, 132351.2, 132351.4, 132352.3, 132354.1, 132360.1, and 132362 of, to add Sections 120221.5, 125222.5, and 132354.7 to, to add Article 11 (commencing with Section 120480) to Chapter 4 of Division 11 of, to add Article 9 (commencing with Section 125480) to Chapter 4 of Division 11.5 of, and to repeal Sections 120050.5 and 120051.1 of, the Public Utilities Code, relating to transportation. [ Approved by Governor October 11, 2017. Filed with Secretary of State October 11, 2017. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 805, Gonzalez Fletcher. County of San Diego: transportation agencies. (1) Existing law provides for the consolidation of certain regional transportation planning, programming, and related functions in San Diego County from various existing agencies including the San Diego Association of Governments (SANDAG), the San Diego Metropolitan Transit Development Board, also known as the San Diego Metropolitan Transit System (MTS), and the North County Transit District (NCTD).

Existing law provides for the consolidated agency, commonly known as SANDAG, to be governed by a board of directors of 21 city and county members selected by the governing body of each member agency. Existing law provides that the officers of the board are the chairperson and the vice chairperson.

This bill would require the mayor and the president of the city council of the City of San Diego to serve on the board. The bill would delete the requirement for the chair of the County of San Diego Board of Supervisors to serve on the board. The bill would also revise the selection of alternate members of the board. The bill would require that the chairperson and vice chairperson be elected by the membership of the board every 2 years or when a vacancy exists by the weighted vote process and that the chairperson and the vice chairperson not represent the same subregion.

Existing law, in order for the SANDAG board to act on any item, generally requires a majority vote of the members present on the basis of one vote per agency as well as a weighted vote pursuant to a specified process, except in the case of consent items.

This bill would modify the weighted vote process.

Existing law provides for SANDAG to have 4 standing policy advisory committees named the executive, transportation, regional planning, and borders committees.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Attachment B 22 February 21, 2023 Item 06
1/18/23, 10:59 PM Bill Text - AB-805 County of San Diego: transportation agencies. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB805 2/12 This bill would increase the membership of the transportation committee from 9 to 10 members and would additionally provide for an audit committee with specified responsibilities, including the appointment of an independent performance auditor. The bill would require SANDAG to submit an annual report to the Legislature, developed by its transportation committee, that outlines various matters related to public transit.

Existing law provides for the consolidated agency to prepare a regional comprehensive plan containing various elements, as specified.

This bill would require the regional comprehensive plan to address greenhouse gas emissions reduction targets set by the State Air Resources Board and would require the plan to include strategies that provide for mode shift to public transportation. The bill would also require the board members of the consolidated agency to make an annual report to their member agencies at a public meeting that includes a summary of the activities of the consolidated agency, including, but not limited to, program developments, project updates, changes to voterapproved expenditure plans, and potential ballot measures. (2) Existing law creates MTS and NCTD, with various public transit responsibilities in the southern and northern parts of the County of San Diego, respectively. Existing law provides for MTS to be governed by a board of 15 members generally consisting of city and county representatives selected by member agencies. Existing law provides that the chairperson of the MTS board is a resident of the County of San Diego selected by the board, as specified.

This bill would require one of the 4 San Diego City Council members on the MTS board to be the mayor. The bill would grant to the City of Chula Vista a 2nd member, who would be the mayor. The bill would require the chairperson of the MTS board to be selected by the board. The bill would also revise the process for selecting alternate members of the MTS board.

Existing law generally provides that official acts of the MTS or NCTD board require the affirmative vote of the majority of the members of the board, except that a weighted vote of the MTS board may be requested pursuant to a specified process.

This bill would create a similar weighted voting process for NCTD and modify the weighted voting process for the MTS.

Existing law authorizes various transportation agencies, including SANDAG, to impose a transactions and use tax for transportation purposes within its jurisdiction, subject to approval of 2 /3 of the voters and various other
requirements. Existing law provides for issuance of bonds backed by these tax revenues, as specified.

This bill would additionally authorize MTS and NCTD to individually impose a specified transactions and use tax within their respective portions of the County of San Diego, with revenues to be used for public transit purposes, as specified, serving their jurisdictions, and to issue bonds backed by these tax revenues, subject to similar requirements.

The bill would authorize the MTS and the NCTD to increase the amount of the necessary preparatory costs incident to the administration and operation of the ordinance imposing a transactions and use tax. The bill would also require the MTS and the NCTD to provide to the California Department of Tax and Fee Administration, within 45 days of the approval of the ordinance by the voters, a complete alphabetical list of all streets within the affected unincorporated area of their respective jurisdictions, maintain that list on their Internet Web sites, and provide a specified legal description and a map or plat.

Existing law authorizes the board of the MTS, the NCTD, and the consolidated agency to enter into and perform all necessary contracts to construct or develop property for transit purposes, including, but not limited to, employing labor and doing all acts necessary and convenient for the full exercise of the powers granted to each of these agencies.

This bill would prohibit the MTS, the NCTD, and the consolidated agency from entering into a construction contract over $1,000,000 with any entity unless the entity provides to each agency an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades, except as specified.
(3) Existing law provides that if the consolidated agency provides compensation to the County of San Diego for the cost of including an ordinance or measure on the ballot, the consolidated agency may call an election, including an advisory election, in the county on any ordinance or measure regarding the governance of or Attachment B 23 February 21, 2023 Item 06
1/18/23, 10:59 PM Bill Text - AB-805 County of San Diego: transportation agencies. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB805 3/12 matters related to the powers, privileges, or duties of the consolidated agency, including, but not limited to, merger or complete consolidation of the transit boards. However, existing law also provides that a complete consolidation requires enactment of a statute by the Legislature.

This bill would require that any ordinance or measure adopted pursuant to these provisions be consistent with, and not in conflict with, any other statutory provisions governing the consolidated agency. (4) By imposing additional requirements on local agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 120050.2 of the Public Utilities Code is amended to read:
120050.2. The board consists of 15 members selected as follows:
(a) One member of the County of San Diego Board of Supervisors, appointed by the board of supervisors. (b) One member of each city council appointed individually by the city councils of the Cities of Coronado, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, Poway, and Santee. (c) Four members of the City Council of the City of San Diego, one of whom shall be the mayor, and two members of the City Council of the City of Chula Vista, one of whom shall be the mayor, each appointed by their respective city council.
(d) The chairperson of the board shall be selected by a two-thirds vote of the board, a quorum being present.

The chairperson shall serve for a term of two years, except that he or she is subject to removal at any time by a two-thirds vote of the board, a quorum being present.

SEC. 2. Section 120050.5 of the Public Utilities Code is repealed.

SEC. 3. Section 120051.1 of the Public Utilities Code is repealed.

SEC. 4. Section 120051.6 of the Public Utilities Code is amended to read:
120051.6. The alternate members of the board shall be appointed as follows:
(a) The County of San Diego Board of Supervisors shall appoint a county supervisor, not already appointed under Section 120051, who represents one of the two supervisorial districts with the greatest percentage of its area within the incorporated area of the County of San Diego within the area under the jurisdiction of the transit development board as defined in Section 120054, to serve as an alternate member of the transit development board.
(b) The city councils of the cities specified in subdivision (b) or (c) of Section 120050.2 shall each individually appoint a member of their respective city councils not already appointed pursuant to subdivision (b) or (c) of Section 120050.2 to serve as an alternate member of the transit development board for each member of the city on the board.
(c) At its discretion, a city council or the county board of supervisors may appoint a second alternate member, in the same manner as first alternates are appointed, to serve on the board in the event that neither a member nor the alternate member is able to attend a meeting of the board. (d) An alternate member and second alternate member shall be subject to the same restrictions and shall have the same powers, when serving on the board, as a member.

SEC. 5. Section 120102.5 of the Public Utilities Code is amended to read:

Attachment B 24 February 21, 2023 Item 06
1/18/23, 10:59 PM Bill Text - AB-805 County of San Diego: transportation agencies. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB805 4/12 120102.5. (a) A majority of the members of the board constitutes a quorum for the transaction of business. All official acts of the board require the affirmative vote of the majority of the members of the board present.

However, after a vote of the members is taken, a weighted vote may be called by the members of any two jurisdictions.
(b) In the case of a weighted vote, the County of San Diego and each city shall, in total, exercise 100 votes to be apportioned annually based on population, except in the case of the City of San Diego. Each of the four representatives of the City of San Diego shall exercise 12 1 /2 weighted votes, for a total of 50 votes. The
representatives for the City of Chula Vista shall split the votes allocated to that city evenly among its representatives.
(c) Approval under the weighted vote procedure requires the vote of the representatives of not less than three jurisdictions representing not less than 51 percent of the total weighted vote to supersede the original action of the board.
(d) When a weighted vote is taken on any item that requires more than a majority vote of the board, it shall also require the supermajority percentage of the weighted vote. (e) For purposes of subdivision (b), the population of the County of San Diego is the population in the unincorporated area of the county within the area of jurisdiction of the transit development board pursuant to Section 120054.
(f) The board shall adopt a policy and procedure to implement this section.

SEC. 6. Section 120221.5 is added to the Public Utilities Code, to read:
120221.5. The board shall not enter into a construction contract over one million dollars ($1,000,000) with any entity unless the entity provides to the board an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (a) This subdivision shall not apply if any of the following requirements are met:
(1) The board has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or the board has contracted to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement. (2) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the board before January 1, 2017. (3) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or the entity has contracted to use a skilled and trained workforce. (b) For purposes of subdivision (a), “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.

SEC. 7. Article 11 (commencing with Section 120480) is added to Chapter 4 of Division 11 of the Public Utilities Code, to read:

Article 11. Transactions and Use Tax
120480. (a) A retail transactions and use tax ordinance applicable in the incorporated and unincorporated territory within the area of the board pursuant to Section 120054 shall be imposed by the board in accordance with Section 120485 and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, and Section 2 of Article XIII C of the California Constitution. The tax ordinance shall take effect at the close of the polls on the day of election at which the proposition is adopted. The initial collection of the transactions and use tax shall take place in accordance with Section 120483. (b) If, at any time, the voters do not approve the imposition of the transactions and use tax, this chapter remains in full force and effect. The board may, at any time thereafter, submit the same, or a different, measure to the voters in accordance with this chapter.

Attachment B 25 February 21, 2023 Item 06
1/18/23, 10:59 PM Bill Text - AB-805 County of San Diego: transportation agencies. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB805 5/12 120481. (a) The board, in the ordinance, shall state the nature of the tax to be imposed, the tax rate or the maximum tax rate, the purposes for which the revenue derived from the tax will be used, and may set a term during which the tax will be imposed. The purposes for which the tax revenues may be used shall be limited to public transit purposes serving the area of jurisdiction of the board, as determined by the board, including the administration of this division and legal actions related thereto. These purposes include expenditures for the planning, environmental reviews, engineering and design costs, and related right-of-way acquisition. The ordinance shall contain an expenditure plan that shall include the allocation of revenues for the purposes authorized by this section.
(b) As used in this section, “public transit purposes” includes the public transit responsibilities under the jurisdiction of the board as well as any repair, redesign, or ongoing maintenance of a right-of-way upon which transit is intended to travel, or any bikeway, bicycle path, sidewalk, trail, pedestrian access, or pedestrian accessway.
120482. (a) The county shall conduct an election called by the board pursuant to Section 120480. (b) The election shall be called and conducted in the same manner as provided by law for the conduct of elections by a county.
120483. (a) Any transactions and use tax ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more than 150 days after adoption of the ordinance. (b) (1) Prior to the operative date of the ordinance, the board shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of the ordinance.

The costs to be covered by the contract may also include services of the types described in Section 7272 of the Revenue and Taxation Code for preparatory work up to the operative date of the ordinance. Any disputes as to the amount of the costs shall be resolved in the same manner as provided in that section. (2) Notwithstanding Section 7272 of the Revenue and Taxation Code, the maximum amount of preparatory costs incurred may exceed those costs as described in paragraph (1), if the increased amount reflects necessary preparatory costs.
(c) Within 45 days from the date the ordinance is approved by the voters, the board shall provide the California Department of Tax and Fee Administration with a complete alphabetical list of all streets within the affected unincorporated area under the jurisdiction of the board pursuant to Section 120054, which shall include beginning and ending street numbers, and shall maintain that list on its Internet Web site. The board shall also provide a legal description and a map or plat, that both describe the boundaries of the applicable unincorporated territory within the area of the board pursuant to Section 120054. 120484. The revenues from the taxes imposed pursuant to this article may be allocated by the board for public transit purposes consistent with the applicable regional transportation improvement program and the applicable regional transportation plan.
120485. The board, subject to the approval of the voters, may impose a maximum tax rate of one-half of 1 percent under this article and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code. The board shall not levy the tax at a rate other than one-half or one-fourth of 1 percent unless specifically authorized by the Legislature.
120486. The board, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, may seek authorization to issue bonds payable from the proceeds of the tax. 120487. Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this article or the issuance of any bonds thereunder or any of the proceedings in relation thereto is contested, questioned, or denied, shall be commenced within six months from the date of the election at which the ordinance is approved; otherwise, the bonds and all proceedings in relation thereto, including the adoption and approval of the ordinance, shall be held to be valid and in every respect legal and incontestable.
120488. The board has no power to impose any tax other than the transactions and use tax imposed upon approval of the voters in accordance with this article.

SEC. 8. Section 125102 of the Public Utilities Code is amended to read:

Attachment B 26 February 21, 2023 Item 06
1/18/23, 10:59 PM Bill Text - AB-805 County of San Diego: transportation agencies. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB805 6/12 125102. (a) A majority of the members of the board constitutes a quorum for the transaction of business. All official acts of the board require the affirmative vote of the majority of the members of the board present.

However, after a vote of the members is taken, a weighted vote may be called by any two members. (b) In the case of a weighted vote, the County of San Diego and each city shall, in total, exercise 100 votes to be apportioned annually based on population.
(c) Approval under the weighted vote procedure requires the vote of the representatives of not less than three jurisdictions representing not less than 51 percent of the total weighted vote to supersede the original action of the board.
(d) When a weighted vote is taken on any item that requires more than a majority vote of the board, it shall also require the supermajority percentage of the weighted vote. (e) For purposes of subdivision (b), the population of the County of San Diego is the population in the unincorporated area of the county within the area of jurisdiction of the board pursuant to Section 125052. (f) The board shall adopt a policy and procedure to implement this section.

SEC. 9. Section 125222.5 is added to the Public Utilities Code, to read:
125222.5. The district shall not enter into a construction contract over one million dollars ($1,000,000) with any entity unless the entity provides to the district an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (a) This subdivision shall not apply if any of the following requirements are met:
(1) The district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or the district has contracted to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement. (2) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the district before January 1, 2017. (3) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or the entity has contracted to use a skilled and trained workforce. (b) For purposes of subdivision (a), “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.

SEC. 10. Article 9 (commencing with Section 125480) is added to Chapter 4 of Division 11.5 of the Public Utilities Code, to read:

Article 9. Transactions and Use Tax
125480. (a) A retail transactions and use tax ordinance applicable in the incorporated and unincorporated territory within the area of the board pursuant to Section 125052 shall be imposed by the board in accordance with Section 125485 and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, and Section 2 of Article XIII C of the California Constitution. The tax ordinance shall take effect at the close of the polls on the day of election at which the proposition is adopted. The initial collection of the transactions and use tax shall take place in accordance with Section 125483. (b) If, at any time, the voters do not approve the imposition of the transactions and use tax, this chapter remains in full force and effect. The board may, at any time thereafter, submit the same, or a different, measure to the voters in accordance with this chapter.
125481. (a) The board, in the ordinance, shall state the nature of the tax to be imposed, the tax rate or the maximum tax rate, the purposes for which the revenue derived from the tax will be used, and may set a term during which the tax will be imposed. The purposes for which the tax revenues may be used shall be limited to public transit purposes serving the area of jurisdiction of the board, as determined by the board, including the administration of this division and legal actions related thereto. These purposes include expenditures for the planning, environmental reviews, engineering and design costs, and related right-of-way acquisition. The Attachment B 27 February 21, 2023 Item 06
1/18/23, 10:59 PM Bill Text - AB-805 County of San Diego: transportation agencies. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB805 7/12 ordinance shall contain an expenditure plan that shall include the allocation of revenues for the purposes authorized by this section.
(b) As used in this section, “public transit purposes” includes the public transit responsibilities under the jurisdiction of the district as well as any repair, redesign, or ongoing maintenance of a right-of-way upon which transit is intended to travel, or any bikeway, bicycle path, sidewalk, trail, pedestrian access, or pedestrian accessway.
125482. (a) The county shall conduct an election called by the board pursuant to Section 125480. (b) The election shall be called and conducted in the same manner as provided by law for the conduct of elections by a county.
125483. (a) Any transactions and use tax ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more than 150 days after adoption of the ordinance. (b) (1) Prior to the operative date of the ordinance, the board shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of the ordinance.

The costs to be covered by the contract may also include services of the types described in Section 7272 of the Revenue and Taxation Code for preparatory work up to the operative date of the ordinance. Any disputes as to the amount of the costs shall be resolved in the same manner as provided in that section. (2) Notwithstanding Section 7272 of the Revenue and Taxation Code, the maximum amount of preparatory costs incurred may exceed those costs as described in paragraph (1), if the increased amount reflects necessary preparatory costs.
(c) Within 45 days from the date the ordinance is approved by the voters, the board shall provide the California Department of Tax and Fee Administration with a complete alphabetical list of all streets within the affected unincorporated area under the jurisdiction of the board pursuant to Section 125052, which shall include beginning and ending street numbers, and shall maintain that list on its Internet Web site. The board shall also provide a legal description and a map or plat, that both describe the boundaries of the applicable unincorporated territory within the area of the board pursuant to Section 125052. 125484. The revenues from the taxes imposed pursuant to this article may be allocated by the board for public transit purposes consistent with the applicable regional transportation improvement program and the applicable regional transportation plan.
125485. The board, subject to the approval of the voters, may impose a maximum tax rate of one-half of 1 percent under this article and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code. The board shall not levy the tax at a rate other than one-half or one-fourth of 1 percent unless specifically authorized by the Legislature.
125486. The board, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, may seek authorization to issue bonds payable from the proceeds of the tax. 125487. Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this article or the issuance of any bonds thereunder or any of the proceedings in relation thereto is contested, questioned, or denied, shall be commenced within six months from the date of the election at which the ordinance is approved; otherwise, the bonds and all proceedings in relation thereto, including the adoption and approval of the ordinance, shall be held to be valid and in every respect legal and incontestable.
125488. The board has no power to impose any tax other than the transactions and use tax imposed upon approval of the voters in accordance with this article.

SEC. 11. Section 132351.1 of the Public Utilities Code is amended to read:
132351.1. (a) A board of directors consisting of 21 members shall govern the consolidated agency. (b) For purposes of this chapter, “governing body” means the board of supervisors, council, council and mayor where the mayor is not a member of the council, authority, trustees, director, commission, committee, or other Attachment B 28 February 21, 2023 Item 06
1/18/23, 10:59 PM Bill Text - AB-805 County of San Diego: transportation agencies. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB805 8/12 policymaking body, as appropriate, that exercises authority over an entity represented on the board of the consolidated agency.
(c) All powers, privileges, and duties vested in or imposed upon the consolidated agency shall be exercised and performed by and through a board of directors provided, however, that the exercise of all executive, administrative, and ministerial power may be delegated and redelegated by the board, to any of the offices, officers, or committees created pursuant to this chapter or created by the board acting pursuant to this chapter. (d) The board shall be composed of one primary representative selected by the governing body of each city in the county and a member of the San Diego County Board of Supervisors. However, the City of San Diego and the County of San Diego shall each have a primary and secondary representative, which for the City of San Diego shall be the mayor of the City of San Diego and the president of the city council. Each director shall be a mayor, councilperson, or supervisor, as applicable, of the governing body that selected him or her, and shall serve until recalled by the governing body of the city or county. Vacancies shall be filled in the same manner as originally selected. Each city or county shall also select one alternate to serve on the board when the primary or secondary representative, if applicable, is not available. The alternate shall be subject to the same restrictions and have the same powers, when serving on the board, as the representative for whom he or she is substituting. The alternate shall be a mayor, councilperson, or supervisor, as applicable, of his or her governing body. (e) Notwithstanding subdivision (d), in those years when the primary representative of the San Diego County Board of Supervisors is from a district that is substantially an incorporated area, a supervisor who represents a district that is substantially an unincorporated area shall be appointed to the board as the secondary representative. Alternatively, in those years when the primary representative of the San Diego County Board of Supervisors is from a district that is substantially an unincorporated area, a supervisor who represents a district that is substantially an incorporated area shall be appointed to the board as the secondary representative. (f) At its discretion, each city or county may select a second alternate, in the same manner as the first alternate, to serve on the board in the event that neither the primary representative nor the first alternate is able to attend a meeting of the board. This alternate shall be subject to the same restrictions and have the same powers, when serving on the board, as the primary representative.
(g) The board may allow for the appointment of advisory representatives to sit with the board but in no event shall those representatives be allowed a vote. The current advisory representatives to the San Diego Association of Governments may continue their advisory representation on the consolidated agency at the discretion of their governing body. The governing bodies of the County of Imperial and the cities in that county may collectively designate an advisory representative to sit with the board.

SEC. 12. Section 132351.2 of the Public Utilities Code is amended to read:
132351.2. (a) A majority of the member agencies constitute a quorum for the transaction of business. In order to act on any item, the affirmative vote of the majority of the members of the board present is required. However, after a vote of the members is taken, a weighted vote may be called by the members of any two jurisdictions. (b) The governing body of the City of San Diego and the County of San Diego shall allocate their weighted votes equally between their primary and secondary members.
(c) For the weighted vote, there shall be a total of 100 votes, except additional votes shall be allowed pursuant to subdivision (h). Each member agency shall have that number of votes determined by the following apportionment formula, provided that each agency shall have at least one vote, no agency shall have more than 50 votes, and there shall be no fractional votes:
(1) If any agency has 50 percent or more of the total population of the San Diego County region, allocate 50 votes to that agency and follow paragraph (2), and if not, follow paragraph (3). (2) Total the population of the remaining agencies determined in paragraph (1) and compute the percentage of this total that each agency has.
(A) Multiply each percentage derived above by 50 to determine fractional shares. (B) Boost fractions that are less than one to one and add the whole numbers. (C) If the answer to subparagraph (B) is 50, drop all fractions and the whole numbers are the votes for each agency.

Attachment B 29 February 21, 2023 Item 06
1/18/23, 10:59 PM Bill Text - AB-805 County of San Diego: transportation agencies. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB805 9/12 (D) If the answer to subparagraph (B) is less than 50, the remaining vote is allocated one each to the agency having the highest fraction excepting those whose vote was increased to one pursuant to subparagraph (B).
(E) If the answer to subparagraph (B) is more than 50, the excess vote is taken one each from the agency with the lowest fraction. In no case shall a vote be reduced to less than one. (3) Total the population determined in paragraph (1) and compute the percentage of this total that each agency has.
(A) Boost fractions that are less than one to one and add the whole numbers. (B) If the answer to subparagraph (A) is 100, drop all fractions and the whole numbers are the votes for each agency.
(C) If the answer to subparagraph (A) is less than 100, the remaining vote is allocated one each to the agency having the highest fraction excepting those whose vote was increased to one pursuant to subparagraph (A).
(D) If the answer to subparagraph (A) is more than 100, the excess vote is taken one each from the agency with the lowest fraction. In no case shall a vote be reduced to less than one. (d) When a weighted vote is taken on any item that requires more than a majority vote of the board, it shall also require the supermajority percentage of the weighted vote. (e) Approval under the weighted vote procedure requires the vote of not less than four members representing separate jurisdictions and not less than 51 percent of the total weighted vote to supersede the original action of the board.
(f) For purposes of subdivision (c), the population of the County of San Diego is the population in the unincorporated area of the county.
(g) The weighted vote formula under subdivision (c) shall be recomputed every July 1. (h) Any newly incorporated city shall receive one vote under the weighted vote procedure until the next recomputation of the weighted vote formula under subdivision (c), at which time the new agency shall receive votes in accordance with the recomputed formula. Until this recomputation, the total weighted vote may exceed 100.

SEC. 13. Section 132351.4 of the Public Utilities Code is amended to read:
132351.4. (a) The consolidated agency shall have five standing policy advisory committees named the executive, transportation, regional planning, borders, and audit committees. The responsibilities of the committees shall be established by the board. Committee membership may be expanded by the consolidated agency, and shall be selected in accordance with a process established by the consolidated agency. The membership shall be as follows:
(1) The executive committee shall consist of six voting members with board members representing east county, north county coastal, north county inland, south county, and the representative, or the representative’s alternate in their absence, from the City of San Diego and the county. The chairperson and the vice chairperson of the consolidated agency shall each be one of the six voting members. (2) (A) The transportation committee shall consist of 10 voting members with board members or alternates representing east county, north county coastal, north county inland, south county and the mayor or a council member from the City of San Diego, a supervisor from the County of San Diego, a member of the board of the MTDB appointed by the board of the MTDB, a member of the board of the NCTD appointed by the board of the NCTD, a member of the governing board of the San Diego Unified Port District appointed by the board of the port, and a member of the San Diego County Regional Airport Authority appointed by the airport authority. (B) Among its transportation responsibilities, the transportation committee shall provide a strong focus and commitment to meeting the public transit needs of the San Diego region, set transit funding criteria and recommend transit funding levels, and undertake transit responsibilities resulting from consolidation, as delegated by the board.

Attachment B 30 February 21, 2023 Item 06
1/18/23, 10:59 PM Bill Text - AB-805 County of San Diego: transportation agencies. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB805 10/12 (C) The board shall provide a report, developed by the transportation committee, to the Legislature on or before July 1 of each year that outlines the public transit needs, transit funding criteria, recommended transit funding levels, and additional work on public transit, as delegated to the transportation committee by the board. The report shall specify the funds spent explicitly on public transportation. The report shall be submitted consistent with Section 9795 of the Government Code. (3) The regional planning committee shall consist of six voting members with board members or alternates representing east county, north county coastal, north county inland, south county, and the mayor or a council member from the City of San Diego, and a supervisor from the County of San Diego. (4) The borders committee shall consist of seven voting members with board members or alternates representing east county, north county coastal, north county inland, south county, the mayor or a council member from the City of San Diego, a supervisor from the County of San Diego, and a mayor, council member, or supervisor from the County of Imperial.
(5) The audit committee shall consist of five voting members with two board members and three members of the public to be appointed by the board. The audit committee shall recommend to the board the contract of the firm conducting the annual financial statement audits and the hiring of the independent performance auditor and approve the annual audit plan after discussion with the independent performance auditor pursuant to subdivision (b) of Section 132354.1.
(b) The board may appoint other standing and ad hoc working groups to advise it in carrying out its responsibilities.
(c) No board member may serve as a member of more than two standing policy advisory committees at any one time, except those board members serving on the audit committee.

SEC. 14. Section 132352.3 of the Public Utilities Code is amended to read:
132352.3. The officers of the board are the chairperson and the vice chairperson. The chairperson and vice chairperson shall be elected by the membership of the board every two years or when a vacancy exists, by means of the weighted vote pursuant to Section 132351.2. The chairperson and vice chairperson shall not represent the same subregion, with the subregions being east county, north county coastal, north county inland, south county, the City of San Diego, and the County of San Diego. The board may create additional officers and elect members to those positions. However, no member may hold more than one office. The term of office for any officers of the board other than the chairperson and the vice chairperson shall be established by the board.

SEC. 15. Section 132354.1 of the Public Utilities Code is amended to read:
132354.1. (a) The board shall arrange for a post audit of the financial transactions and records of the consolidated agency to be made at least annually by a certified public accountant. (b) (1) The audit committee shall appoint an independent performance auditor, subject to approval by the board, who may only be removed for cause by a vote of at least two-thirds of the audit committee and the board. (2) The independent performance auditor shall have authority to conduct or to cause to be conducted performance audits of all departments, offices, boards, activities, agencies, and programs of the consolidated agency. The auditor shall prepare annually an audit plan and conduct audits in accordance therewith and perform those other duties as may be required by ordinance or as provided by the California Constitution and general laws of the state. The auditor shall follow government auditing standards. All officers and employees of the consolidated agency shall furnish to the auditor unrestricted access to employees, information, and records, including electronic data, within their custody regarding powers, duties, activities, organization, property, financial transactions, contracts, and methods of business required to conduct an audit or otherwise perform audit duties. It is also the duty of any consolidated agency officer, employee, or agent to fully cooperate with the auditor, and to make full disclosure of all pertinent information. (3) The auditor shall have the power to appoint, employ, and remove assistants, employees, and personnel as deemed necessary for the efficient and effective administration of the affairs of the office and to prescribe their duties, scope of authority, and qualifications.
(4) The auditor may investigate any material claim of financial fraud, waste, or impropriety within the consolidated agency and for that purpose may summon any officer, agent, or employee of the consolidated agency, any claimant, or other person, and examine him or her upon oath or affirmation relative thereto. All Attachment B 31 February 21, 2023 Item 06
1/18/23, 10:59 PM Bill Text - AB-805 County of San Diego: transportation agencies. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB805 11/12 consolidated agency contracts with consultants, vendors, or agencies will be prepared with an adequate audit provision to allow the auditor access to the entity’s records needed to verify compliance with the terms specified in the contract. Results of all audits and reports shall be made available to the public in accordance with the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of the Title 1 of the Government Code).
(c) The board shall develop and adopt internal control guidelines to prevent and detect financial errors and fraud based on the internal control guidelines developed by the Controller pursuant to Section 12422.5 of the Government Code and the standards adopted by the American Institute of Certified Public Accountants. (d) The board shall develop and adopt an administration policy that includes a process to conduct staff performance evaluations on a regular basis to determine if the knowledge, skills, and abilities of staff members are sufficient to perform their respective functions, and shall monitor the evaluation process on a regular basis. (e) The board members shall make an annual report to their member agencies at a public meeting pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code, that includes a summary of activities by the consolidated agency including, but not limited to, program developments, project updates, changes to voter-approved expenditure plans, and potential ballot measures.

SEC. 16. Section 132354.7 is added to the Public Utilities Code, to read:
132354.7. The consolidated agency shall not enter into a construction contract over one million dollars ($1,000,000) with any entity unless the entity provides to the consolidated agency an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (a) This subdivision shall not apply if any of the following requirements are met:
(1) The consolidated agency has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or the consolidated agency has contracted to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement. (2) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the consolidated agency before January 1, 2017. (3) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or the entity has contracted to use a skilled and trained workforce. (b) For purposes of subdivision (a), “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.

SEC. 17. Section 132360.1 of the Public Utilities Code is amended to read:
132360.1. In preparing and updating the regional comprehensive plan, it is the intent of the Legislature that:
(a) The regional comprehensive plan preserve and improve the quality of life in the San Diego region, maximize mobility and transportation choices, and conserve and protect natural resources. (b) The regional comprehensive plan shall address the greenhouse gas emissions reduction targets set by the State Air Resources Board as required by Section 65080 of the Government Code and include strategies that provide for mode shift to public transportation.
(c) The regional comprehensive plan shall identify disadvantaged communities as designated pursuant to Section 39711 of the Health and Safety Code and include transportation strategies to reduce pollution exposure in these communities.
(d) In formulating and maintaining the regional comprehensive plan, the consolidated agency shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the county and cities within the region, and the plans and planning activities of organizations that affect or are concerned with planning and development within the region.
(e) The consolidated agency shall engage in a public collaborative planning process. The recommendations resulting from the public collaborative planning process shall be made available to and considered by the consolidated agency for integration into the draft regional comprehensive plan. The consolidated agency shall Attachment B 32 February 21, 2023 Item 06
1/18/23, 10:59 PM Bill Text - AB-805 County of San Diego: transportation agencies. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB805 12/12 adopt a procedure to carry out this process including a method of addressing and responding to recommendations from the public.
(f) In formulating and maintaining the regional comprehensive plan, the consolidated agency shall seek the cooperation and consider the recommendations of all of the following:
(1) Its member agencies and other agencies of local government within the jurisdiction of the consolidated agency.
(2) State and federal agencies.
(3) Educational institutions.
(4) Research organizations, whether public or private.
(5) Civic groups.
(6) Private individuals.
(7) Governmental jurisdictions located outside the region but contiguous to its boundaries. (g) The consolidated agency shall make the regional comprehensive plan, policies, and objectives available to all local agencies and facilitate consideration of the regional comprehensive plan in the development, implementation, and update of local general plans. The consolidated agency shall provide assistance and enhance the opportunities for local agencies to develop, implement, and update general plans in a manner that recognizes, at a minimum, land use, transportation compatibility, and a jobs-to-housing balance within the regional comprehensive plan.
(h) The consolidated agency shall maintain the data, maps, and other information developed in the course of formulating the regional comprehensive plan in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other government agencies and private organizations.
(i) The components of the regional comprehensive plan may include, but are not limited to, transportation, housing, water quality and supply, infrastructure, air quality, energy, solid waste, economy, and open space, including habitat. Performance standards and measurable criteria shall be established through a public process to ensure that the regional comprehensive plan is prepared consistent with these measures as well as in determining achievement of the regional comprehensive plan goals throughout its implementation. (j) Any water supply component or provision of the regional infrastructure strategy regarding water supply contained in the regional comprehensive plan shall be consistent with the urban water management plan and other adopted regional water facilities and supply plans of the San Diego County Water Authority.

SEC. 18. Section 132362 of the Public Utilities Code is amended to read:
132362. (a) In addition to the authority set forth in Article 5 (commencing with Section 132300) and Article 6 (commencing with Section 132320) of Chapter 2 of Division 12.7, if the consolidated agency provides compensation to San Diego County for the cost of including an ordinance or measure on the ballot, the consolidated agency may call an election, including an advisory election, in San Diego County on any ordinance or measure regarding the governance of or matters related to the powers, privileges, or duties of the consolidated agency, including, but not limited to, merger or complete consolidation of the transit boards. (b) The ordinance or measure shall be consistent with, and shall not be in conflict with, any other provision of this chapter.

SEC. 19. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Attachment B 33 February 21, 2023 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: February 21, 2023
SUBJECT: Recognition of Donors to the Powerhouse Park Tot Lot Renovation Project REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council recognize the Friends of the Powerhouse and private donors to the Powerhouse Park Tot Lot Renovation Project and accept the donation of a new donor recognition sign for the tot lot (Attachment A) that would be owned and maintained by the City.

BACKGROUND
The Powerhouse Park Tot Lot Renovation Project (Project) involves the removal of the 18- year old existing play equipment at the Powerhouse Park tot lot and the installation of new equipment including a swing set, custom climbing structure that supports a wider range of age-appropriate play, sand pit table, and several small pieces of ground-based play equipment. The playground’s damaged rubberized play surface will be replaced with a new rubberized surface colored into a wave and beach pattern. The existing drainage will be upgraded to address minor ponding issues. None of the improvements would involve or require any grading, new hardscape or modifications to the existing vegetation. The existing concrete site walls and donor bricks are to remain as-is.

On July 11, 2022, the City Council approved the necessary permits for the Project and authorized the purchase of new play equipment from Kompan. The selection of the equipment and the design for the new tot lot was reviewed and recommended by the City’s Parks and Recreation Advisory Committee and the Friends of the Powerhouse, who have led a community fundraising campaign to support the cost of the project. On October 2, 2022, the City Council awarded a construction contract to Western State Builders, Inc. to construct the Project and install the new play equipment. Construction is currently underway with a target completion date by the end of February or early March 2023.

The new tot lot will reopen to the public when construction is complete and the play equipment is certified by a third party safety expert. An official ribbon-cutting ceremony at Powerhouse Park will be sponsored by the Friends of the Powerhouse and is tentatively scheduled for Saturday, April 1, 2023.
1 February 21, 2023 Item 07
City Council Agenda Report
Powerhouse Park Tot Lot Donor Recognition
February 21, 2023

DISCUSSION/ANALYSIS:

At this time, project costs are anticipated to be approximately $363,000. Of that amount, approximately $181,000 in grant funds will be provided by the California Department of Parks and Recreation, $45,000 will be provided by the City in required local match funds, and $137,000 has been raised or committed by the Friends of the Powerhouse.

The Friends of the Powerhouse (Friends), a Del Mar non-profit 501(c)(3) organization, has completed a community fundraising campaign to raise money for the Project. To date, the Friends have raised or committed $137,000 in project funding through a combination of private donations and two public events at Powerhouse Park that included the sale of 4 inch by 4 inch tiles painted by the sponsor, many of them by children and young adults (Attachment B). The City has received approximately $103,000 of this funding from the Friends to reimburse the City for the purchase of the new playground equipment. The remaining $34,000 donation will be provided to the City when construction for the project is finished.

As shown in the photograph below, the tot lot has a sign to recognize donors who contributed to the prior tot lot that is owned and maintained by the City.

Current Tot Lot Donor Sign
Given that the prior tot lot has been entirely removed and will be replaced with all new equipment funded by new donors, staff has been working with the Friends to design a new donor 2 February 21, 2023 Item 07
City Council Agenda Report
Powerhouse Park Tot Lot Donor Recognition
February 21, 2023

recognition sign. A concept rendering of the design of the new donor sign is included as Attachment A.

The three new donor panels would be similar to the three existing donor plaques and would be mounted to the same two existing vertical wood posts, thereby negating the need for concreate work. The new donor sign would be no higher than the existing sign and will not impact public views. The donor panels will be fabricated out of custom high pressure laminate (material specifications are included as Attachment C), which is an industry standard material for outdoor sign installations, and include the engraved names of the donors. This material is extremely durable and requires little to no maintenance. The panels will include an ocean theme graphic design that mimics the design of the play equipment and rubberized surface of the new tot lot.

Finally, the hand-painted tiles that were sold to raise funds for the Project will be artfully mounted to the back sides of the three donor panels. The new design has been reviewed and endorsed by the City’s Parks and Recreation Committee.

The costs associated with the new donor sign are not included in the Project budget; however, the Friends have committed to fully fund the donor sign design, fabrication and installation costs.

Therefore, the new donor sign will not require any funding by the City. The sign’s fabrication will be completed by the same company that produced the prior donor panels and is on the City’s approved vendor list. It is anticipated that the installation and tile work will be completed by the construction contractor and/or its subcontractor. Once completed, the City would own and maintain the new sign as it has done for the past 18 years with the prior sign.

In summary, staff recommends the City Council recognize the Friends of the Powerhouse and private donors to the Powerhouse Park Tot Lot Renovation Project and accept the donation of a new donor recognition sign for the tot lot, as described above, to be owned and maintained by the City.

FISCAL IMPACT:

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

As discussed above, the Friends of the Powerhouse will cover all costs associated with the design, fabrication and installation of the new donor recognition sign. The sign will be fabricated out of materials that will require little to no ongoing maintenance by the City.

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 October 3, 2022, the City Council awarded a construction contract for the Powerhouse Park Tot Lot Renovation Project to Western State Builders, Inc., and authorized the City Manager to execute the contract.
3 February 21, 2023 Item 07
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Powerhouse Park Tot Lot Donor Recognition
February 21, 2023

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.

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 a Tier 1 essential capital improvement project on the City Council’s list of goals and priorities.

ATTACHMENTS:

Attachment A – Donor Recognition Sign Design
Attachment B – Donor Tiles
Attachment C – Donor Recognition Sign Material Specifications 4 February 21, 2023 Item 07
7" 6"
6"
6'-5 1/4"
Frame strips
Donor Panel
6x6 Post

FRONT VIEW
3/4”=1’-0”

SIDE VIEW
3/4”=1’-0”

TOP VIEW
3/4”=1’-0”
Direct burial in ground
7'-10"
+/- 34”
2x4 horizontal brace
1'-6 1/2" 2 1/2"
Decorative Art Panel

BACK VIEW
3/4”=1’-0”
Art Tile Panels (3)
1"
6'-7 3/4" 4 1/4"
Attachment A 5 February 21, 2023 Item 07
Powerhouse Park Tot Lot Donor Tiles
Attachment B 6 February 21, 2023 Item 07
Attachment C 7 February 21, 2023 Item 07
ilDRII TECHNICAL SPECIFICATION SHEET
Imaging Page2
• 0.125"
Is most frequently used for double sided flip-books, wayfinding, interpretive graphics, murals, and directional's. These panels need to be mechanically fixed with screws, frames, etc. These panels can be used outdoors if properly mounted.
• 0.250"
Is most frequently used for double sided flip-books, wayfinding, interpretive graphics, murals, and directional's. These panels need to be mechanically fixed to a substrate or along the edges with screws, frames, etc. These panels can be used outdoors if properly mounted. • 0.500"
Has a smooth black back and is self-supporting. Most used in areas where free-standing elements and shaped panels are required. Can be produced double-sided. May be drilled and tapped to accept a l/4"-20 bolt for mounting, or drilled through for mounting from the front.

Mostly used in exterior applications where durability is needed. • 0.750"
Has a smooth black back and is self-supporting. Most used in areas where free-standing elements and shaped panels are required. Can be produced double-sided. May be drilled and tapped to accept a l/4"-20 bolt for mounting, or drilled through for mounting from the front.

Mostly used in exterior applications where durability is needed.

Finish Availability
All finishes are available on both exterior and interior products.

MATTE > This Fine Grain premium finish features, a subtle, narrow grain structure and low glare surface. Recommended for all horizontal and vertical applications.

SATIN > A smooth finish, reproducing a medium sheen surface. Recommended primarily for interior surfaces in either horizontal or vertical applications.

ICE > A very finely stippled texture that minimizes smudges and fingerprints and improves scratch resistance. Recommended for all horizontal and vertical applications.

Sheet and Panel Sizes
Maximum sheet and panel size is 60" x 144". Single images larger than 5 'x 12' can be created by tiling multiple panels with index cut seams.

Technical Data - iZone Imaging graphic laminates sheets and panels The 0.040" sheet is not structural material and must be bonded to a suitable substrate. When designing, cutout openings should be avoided. When required, design cutout openings with seams running along all sides. Note that custom laminates are somewhat more brittle than standard commercial grade laminates. The 0.040" material is not recommended for exterior use. 2526 Charter Oak Drive, Suite 100, Temple, Texas 76502 • 888-464-9663 • izoneimaging.com Last Modified January 1, 2019
Attachment C 8 February 21, 2023 Item 07

Attachment C 9 February 21, 2023 Item 07
ilDRII TECHNICAL SPECIFICATION SHEET
Imaging Page 4
Toxicity Test
iZone CHPL is assembled utilizing FSC certified brown kraft paper. It meets LC50 Pittsburgh Protocol Toxicity Test requirements. Equal to and no more toxic than wood or paper.

Dimensional Change
Thickness: 0.040" - 0.075". NEMA LD3. HGS: Machine Direction 0.50% (Max). Cross Direction

0.80% (Max).

NSF Product Listing
NSF/ANSI Standard 35 - Laminated Plastics for Surfacing Food Service Equipment.

Disclaimer
This information is presented to assist you in determining what grades of material may meet the requirements of your project. Purchaser shall determine the suitability of the product for its' intended use, and purchaser assumes all risks and liability whatsoever in connection therewith.

All statements, technical advice, and recommendations contained herein are based on tests and information believed to be reliable, but the accuracy there of is not guaranteed, and is made in lieu of all warranties, expresses or implied: seller's and manufacturer's only obligation shall be to replace the quantity of product proven defective. Neither seller nor manufacturer shall be liable for any injury, loss or damage, direct or consequential, arising out of the use of or the inability to use the product.
2S26 Charter Oak Drive, Suite 100, Temple, Texas 76502 • 888-464-9663 • izoneimaging.com Last Modified January 1, 2019
Attachment C 10 February 21, 2023 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Jon Edelbrock, Director of Community Services and Lifeguard Chief Via Ashley Jones, City Manager
DATE: February 21, 2023
SUBJECT: Parking and Traffic Conditions and Challenges in the North Hills District REQUESTED ACTION/RECOMMENDATION:

Staff requests that the City Council receive a report on the current parking and traffic conditions and challenges in the North Hills District and adjacent areas of the City and provide feedback and direction to staff as appropriate.

BACKGROUND:

On May 2, 2022, based on concerns raised by residents, the City Council requested that City staff evaluate traffic and parking conditions and challenges in the North Hills District and report back to the City Council at a future meeting.

The North Hills District is located primarily north of 15th Street and east of Camino Del Mar. It is an area of the City that, by design and support from the Community Plan, has a more rural-like setting with little uniformity in street direction or width, few to no sidewalks or curbs, no specific conditions for bicycle paths, varying parking on either side or both sides of the streets, and limited signage. For the sake of this discussion, locations in the City with similar conditions, including areas south of 15th Street and east of Camino Del Mar, shall be included.

Specific concerns raised related to parking and traffic in the North Hills District include the following:

1. Safety concerns related to overparking on sub-standard streets with limited guidance from street signs.

2. Safety concerns related to parked large commercial vehicles including visibility challenges and blocking of travel lanes.

3. Limited maneuverability for trash service vehicles, safety vehicles, or other commercial delivery services due to parking conditions. 1 February 21, 2023 Item 08
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Parking and Traffic Conditions in North Hills District
February 21, 2023

DISCUSSION/ANALYSIS:

Several City departments including the City Manager’s Office, Administrative Services, Planning and Community Development, Public Works, and Community Services have duties and responsibilities related to this area including oversight of road conditions, parking, right-of-way use and encroachments, and issuance of permits that may affect conditions throughout the City. Staff from those departments met multiple times to discuss the concerns brought forth by residents that include challenging locations, underlying basis for resident complaints, existing road conditions, patrol and enforcement operations, and applicable regulations. During those collaborative meetings, staff discussed opportunities to enhance safety and minimize calls for service through enhanced interdepartmental coordination and communication. Additionally, positive results have come from staff regularly consulting with the County of San Diego Sheriff’s Department staff for assistance with better understanding traffic laws and to provide enforcement for challenges in the area, as needed.

Parking and Traffic Concerns
Safety Concerns Related to Sub-Standard Streets: Many of the streets in the North Hills District are sub-standard due to their width, lack of lane or road markings, limited to no parking signage, lack of sidewalks, and lack of curbing. Further confounding many of the areas are right-of-way encroachments including overgrown landscaping that may limit visibility or parking opportunities.

While over parking is often a safety concern, most streets have few issues and generally only present concerns periodically because of construction-related activities, temporary encroachments, and parking related to special events including major holidays or residential parties.

Street widths present a significant challenge in some locations. Standard road widths for two-way traffic typically require 20 feet with eight (8) feet of additional width on each side for parking. Multiple streets in the North Hills District do not meet these standards.

Safety Concerns Related to Large Commercial Vehicles: Large commercial vehicles often present visibility and safety challenges when parked in areas throughout the City.

Areas within the North Hills District can present even greater challenges given the substandard conditions on many streets. Although not recent, there have been past instances of large commercial vehicles unable to effectively complete turns in areas of the North Hills District due to conditions and lack of route pre-planning. Many of the concerns raised by residents of the North Hills District specifically relate to large commercial vehicles parked adjacent to construction projects – both private and public.

The North Hills District has multiple signs that directly limit transit of large commercial vehicles (over 10,000 pounds) in the residential neighborhood. While this is supported to 2 February 21, 2023 Item 08
City Council Agenda Report
Parking and Traffic Conditions in North Hills District
February 21, 2023

an extent by Section 72.126 of San Diego County Code of Regulatory Ordinances, the ordinance is limited by multiple sub-sections that allow for:
• Loading or unloading property;
• When a vehicle is parked in connection with and in aid of the performance of a service to or on a property within the residential area; and • When a vehicle is engaged in the construction, installation, repair, or maintenance of a public or privately owned utility facility located within the residential area.

Despite the allowed commercial vehicle exceptions, it is unlawful for any vehicle (including commercial), whether attended or unattended, to be left standing unless at least eight (8) feet of width of paved (or improved travel portion of the road) is left clear and unobstructed for the passage of other vehicles.

The exception to this standard, other than a law enforcement or emergency incident, is only via a City-issued Encroachment Permit (EP). Before issued, EP’s that may include a road obstruction or closure require careful planning and application of Conditions of Approval (COA) which may include a combination of signage, noticing, alternate routes, and flaggers to mitigate the safety and route challenges created because of the encroachment.

Limited Access for Large Service Vehicles
Parking on one or both sides of the street in multiple locations in the North Hills District is known to have occasionally limited access for large service vehicles such as public safety vehicles, trash collection trucks, and commercial delivery vehicles. The Community Services Department has received intermittent calls for service and assistance throughout the years related to this issue. However, the number of calls for service related to access issues of this nature has been infrequent in the recent past, and no challenges related to the collection of solid waste and truck access have been communicated in the time since EDCO has taken over solid waste collection services for the City.

Overview of Staff Patrols and Calls for Service
The Community Services Department provides enforcement of City of Del Mar, County of San Diego, and State of California parking regulations year-round and assists with both management of parking resources and signage on public streets. City staff, including Parking Enforcement Officers, Beach and Community Patrol Officers, and the City’s Code Enforcement Officer, regularly patrol and enforce municipal code and City-issued permit regulations and conditions citywide. Patrol routes and frequency of patrols are primarily based on demand for service and available staffing.

The downtown and beach areas are typically the areas with the highest demand for service due to greater parking and traffic challenges whereas the North Hills District and similar areas typically have less demands for service based on fewer overall parking and traffic issues. As a result, greater patrol resources and presence are prioritized in the 3 February 21, 2023 Item 08
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Parking and Traffic Conditions in North Hills District
February 21, 2023

high-demand areas and a more reactive or a response driven approach is employed in the less trafficked areas. Prioritization of patrols is also highly influenced by development or right-of-way encroachment activities that have known impacts on both parking and traffic.

The North Hills District and other neighborhoods east of Camino Del Mar are generally patrolled at least two times per day by Parking Enforcement Officers and may be patrolled more often as a result of calls for service or other known impactful activities such as construction projects.

Historically, calls for service in the North Hills District are most often related to active construction projects, activities related to residential parties, or commercial deliveries. For active construction projects, the City receives an average of one call per week. Other calls for service are related to traffic and parking issues resulting from residential parties or commercial deliveries in the area near 15 Street and Luneta. Staff are typically able to respond to calls for service within 15 minutes and often much sooner if patrols are nearby.

Operational Improvements
As a result of the request by the City Council to review the parking and traffic challenges in the North Hills District, staff identified and have implemented several immediate operational improvements to better address or, in some cases, eliminate these concerns.

Increased Interdepartmental Coordination: Staff identified that most of the significant parking and traffic issues in this area were a result of permitted construction activities/projects. While staff have always worked well interdepartmentally, increased staff coordination and communication was identified as an opportunity to better address or prevent these issues from occurring.

Most notably, there has been increased interdepartmental review and implementation of traffic and parking conditions of approval, when applicable, for projects that affect the public Right-of-Way. Communications between Parking, Code, and Public Works staff have also been enhanced to ensure all parties are aware of the conditions of approval at each construction location. Beyond review and applying permit conditions, enhanced staff activities include pre-construction site visits, direct and specific contacts to address parking conditions during projects, and additional education being provided, if appropriate, prior to the issuance of citations. For projects with continued noncompliance, parking citations may be escalated to administrative citations to achieve compliance.

Increased Patrols and Site Visits: Increased patrols and enforcement presence is known to contribute toward education and gaining compliance. During construction, there are often different subcontractors working onsite throughout the project. Increased communication and coordination across departments has enabled Community Services 4 February 21, 2023 Item 08
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Parking and Traffic Conditions in North Hills District
February 21, 2023

patrol staff to have more awareness of projects that are forthcoming and ongoing. While formerly there may have been some that were missed or unknown to staff until complaints were made, staff are now better able to prioritize and make efforts to limit issues, respond more quickly, and help onsite construction managers and staff to better prepare. As a result, most construction projects are now patrolled an average of two or more times per day.

Increased Coordination with Sheriff’s Deputies: The Sheriff’s Department traffic deputies are increasingly being relied upon as a resource for City staff, which is having a positive result. Staff have coordinated on multiple efforts over the past few years to seek improvement in enforcement of traffic and parking issues. A notable recent effort included scaling up enforcement related to commercial vehicles delivering near 15th Street and Luneta. Previous attempts by City staff prior to working closely with the Sheriff’s Department to change the delivery behaviors through education and issuance of multiple citations were unsuccessful. After consulting with the traffic deputy, an on-site visit and contact was arranged prompting immediate compliance and a significant success story resulting in no complaints or challenges occurring since that time. Staff continue to ensure these types of efforts continue to help resolve similar issues.

Preparation & Response to Holidays/Special Events:

The City has a longstanding practice of proactively planning for and responding to holidays and area special events that have the potential to cause significant parking and traffic issues as described in this report. Specifically, multiple parking closures are posted in the North Hills District for both July 4th weekend and Opening Day at the Del Mar Thoroughbred Club. The area is known to provide excellent viewing opportunities for the fireworks display on July 4th and many residents host large private parties during both the holiday weekend and Opening Day. These proactive efforts by staff are planned to continue and are evaluated and modified as needed to ensure continued success.

Conclusions and Recommendations
Several operational improvements have been made over the past six months resulting in greater staff coordination, oversight of projects, education, and enforcement. As discussed in this report, the results have been positive and several challenges have been largely mitigated. However, even with these operational improvements, there will continue to be some parking and traffic issues in the North Hills District due to the substandard road conditions. As noted earlier in this report, this is part of the character and rural-like design of the area, which cannot be entirely mitigated without making significant modifications to the area streets, which would be a tremendous and costly undertaking that would likely result in loss of parking, increased signage and road markings, and changes that may limit bi-directional traffic. If this is something that the City Council is interested in pursuing, the first step would be to conduct a comprehensive traffic and parking assessment of the area through the City’s traffic engineering firm, but that is not recommended by staff at this time. Staff recommends that the City continue to monitor 5 February 21, 2023 Item 08
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February 21, 2023

parking and traffic issues in the North Hills District and take additional steps as may be needed to best address.

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:

The subject matter of this report is operational and is not on the City Council’s list of goals and priorities.
6 February 21, 2023 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Councilmembers Dave Druker and Dwight Worden, Liaisons to the Arts Advisory Committee
Via Ashley Jones, City Manager
Prepared by Sarah Krietor, Administrative Services Manager/City Clerk DATE: February 21, 2023
SUBJECT: Proposal for Phase II of the Temporary Outdoor Sculpture Program REQUESTED ACTION/RECOMMENDATION:

It is recommended by the Arts Advisory Committee Council Liaisons that the City Council: 1) Receive a presentation from the City’s Arts Advisory Committee and Del Mar Foundation (DMF) on the proposed Phase II of the City’s Temporary Outdoor Sculpture Program; and 2) Authorize the City Manager to sign the Memorandum of Understanding (MOU) between the City and DMF (Attachment A) for Phase II of the Program.

DISCUSSION/ANALYSIS:

On May 17, 2021, the City Council gave conceptual approval for Phase I of the Temporary Outdoor Sculpture Program (Program), proposed by the City’s Arts Advisory Committee (AAC) in conjunction with the Council AAC Liaisons and DMF. The approved Program provided for the temporary (23-month) display of sculptures in the public right-of-way at five (5) sites adjacent to Camino del Mar and 15th Streets. Council directed the City Manager to draft a Memorandum of Understanding (MOU) between the City and DMF to establish the roles and responsibilities of the program for future Council consideration, and directed City staff to process a Long-Term, Major Encroachment Permit for placement of the five art pads.

On June 21, 2021, the City Council adopted Resolution 2021-24, approving Encroachment Permit EP21-054, for the installation of five concrete pads in the public right-of-way in five specified locations in the downtown area for the Temporary Outdoor Sculpture Program. The City Council also authorized the City Manager to enter into an MOU with DMF for the Program. The MOU specifies DMF’s roles for implementing the Program, including: a) fully funding the Program at a projected cost of $15,150; b) applying for and complying with the terms of the EP; c) securing fire and theft insurance for damage or loss to the artworks, d) entering into and administering an agreement with a qualified art consultant to issue the Call for Art, conduct the initial screening of art submissions, work with the AAC on the selection of the sculptures for Phase I, coordinate with the artists, and oversee the installation and deinstallation of the selected sculptures; and d) entering into and administering agreements and 1 February 21, 2023 Item 09
City Council Agenda Report
Approval of MOU with DMF for Temporary Sculpture Program Phase Two February 21, 2023

contracts with the Artists and the contractor installing the five art pads. The MOU also expressed “the non-binding intent of the Parties to renew the program on terms acceptable to each party,” should Phase I prove to be successful and well received by the community.

From June-September, 2021, the AAC, DMF and the art consultant worked collaboratively to accomplish the following: a) to issue a Call for Art; b) vet the submissions for compliance with the City’s Public Art policy and identification of any potential technical, safety, or legal concerns; and (c) create and implement a process for the AAC to review and rank the submitted artworks and select five works plus alternates to recommend to the City Council for approval.

On September 7, 2021, the City Council approved the AAC-recommended sculptures for Phase I of the Program, and approved a revised MOU between the City and DMF, clarifying that AAC's role in sculpture selection is to recommend selected sculptures to the Council, and vesting approval of the sculptures with the Council.

DMF entered into agreements with the selected artists with an effective date of September 28, 2021; its contractor installed the art pads; and between September 28 and October 3, 2021, all five artworks were successfully installed. An Artists’ Reception was subsequently held on the Del Mar Civic Center’s outdoor plaza to celebrate the sculpture exhibit, with many community members in attendance. A Del Mar Art Walk map was created and widely distributed, showing not only the five Phase I sculptures, but all other outdoor public art in Del Mar.

Based on the installation dates of the five sculptures, and the 23-month timeframe for their display, de-installation is scheduled to occur on or shortly before August 27, 2023. It should be noted that the 23-month timeframe cannot be extended as it would trigger Design Review.

Phase II Proposal
AAC, its two Council Liaisons, and DMF are proposing approval of Phase II of this Program, based on the success of Phase I, which included a very positive community response. The proposed MOU between the City and DMF for Phase II (Attachment A) includes substantially the same roles and responsibilities as were contained in the MOU for Phase I.

If the Phase 2 MOU is approved by the City Council, the Arts Advisory Committee and DMF would issue a call for art. Proposed Sculptures would be reviewed by the Arts Advisory Committee at their May 2023 meeting and the committee’s recommendations would go to City Council for approval in June 2023.

Following City Council approval, the Phase II sculptures would be installed the week of Labor Day (September 4, 2023), allowing time for minor repairs to the concrete pads to be made as needed. The proposed budget for Phase II, which will be covered in full by DMF under the terms of the proposed Phase II MOU, is as follows:
$ 2,000 – Art Consultant
$ 5,000 – Artist Stipends
2 February 21, 2023 Item 09
City Council Agenda Report
Approval of MOU with DMF for Temporary Sculpture Program Phase Two February 21, 2023

$ 150 – Signage for placement on each art pad
$ 100 – Printing, Updated Art Walk Map
$ 500 – Artists’ Reception at Town Hall for the Community $ 2,500 – Fine Arts insurance policy
$ 750 – Misc. expenses, including concrete pad repairs
$11,000 TOTAL
Note that the total proposed budget is $4,100 less than the budget for Phase I, even though the artist stipend has increased from $750 to $1,000 per artist. That is because two expenses in Phase I were one-time expenses including the encroachment permit fee of $2,002 and art pad installation expense of $3,094.

It should be noted that in normal circumstances (that is, pre-COVID), DMF would grant the funds directly to the City, for the City to disburse as necessary to implement the Program.

However, because of staff constraints, significant administrative responsibilities are assigned to DMF by the MOU, DMF pays the artists, vendors, and other expenses directly.

Nonetheless, because this is a program of the City and its Arts Advisory Committee, DMF treats this funding for this program as a grant to the City.

FISCAL IMPACT:

There is no cost to the City related to approval of this agenda item. The Del Mar Foundation is proposing to cover all costs associated with the proposed program.

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. Any project developed as a result of the City Council’s action that requires the City or the City Council’s discretionary approval resulting in a physical change to the environment will be analyzed in accordance with CEQA prior to such approval.

The current City Council action in no way limits the exercise that discretion.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The temporary art sculpture program is a Tier 3 City Council priority.

ATTACHMENTS:

Attachment A – Phase II MOU
Attachment B- Phase I MOU and Amendment
3 February 21, 2023 Item 09

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF DEL MAR AND THE DEL MAR FOUNDATION

REGARDING IMPLEMENTATION OF PHASE II OF THE TEMPORARY OUTDOOR

SCULPTURE PROGRAM
This Memorandum of Understanding (MOU) is entered into effective February 21, 2023, by and between the City of Del Mar, a municipal corporation (City), and the Del Mar Foundation, a 501(c)(3) non-profit corporation (Foundation), herein collectively referred to as the “Parties.”

RECITALS
Whereas, under the guidance of the City’s Arts Advisory Committee (“AAC”) and with financial and administrative support from the Foundation, the Parties successfully implemented Phase I of the City’s Temporary Outdoor Sculpture Program (“the Program”) beginning in 2021, with the 23-month term of Phase I ending and the related five displayed sculptures being removed on or around August 27, 2023;
Whereas, the Parties desire to implement Phase II of the Program, for the selection and public display of five sculptures for a term not to exceed 23 months, with installation anticipated to occur during the week of September 4, 2023, following City Council approval of the selected five sculptures for display; and Whereas, the purpose of this MOU is to set out the respective roles and responsibilities of the Parties in carrying out Phase II of the Program; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

1. Role of the City Acting through its Arts Advisory Committee includes:
a. Collaborating with the Foundation to implement Phase II of the Program, consistent with the provisions of the Masterplan, the City’s Public Art Policy, this MOU, and the Encroachment Permit (EP) issued to the Foundation by the City;
b. Selecting sculptures to be recommended to the City Council for approval for display in Phase II, in consultation with the professional Art Locator engaged by the Foundation, and consistent with the provisions of the City’s Public Art Policy, Masterplan, and EP;
c. Making recommendations as may be needed to City staff and Council regarding the Program; and
d. Promoting the Program as authorized by City staff.

2. Role of the City Acting through its City Council includes overall oversight of the program, including:
4 February 21, 2023 Item 09
a. Oversight of the AAC and the Program through its Council liaisons, and if needed by the full Council;
b. Making recommendations as may be needed to the City Council regarding the Program.
c. Approval of the sculptures to be publicly displayed in Phase II, taking into consideration the recommendations of the AAC and the provisions of the City’s Public Art Policy, Masterplan, and EP.

3. Role of the Del Mar Foundation includes:
a. Funding Phase II of the Program, consistent with the provisions of paragraph 4 below;
b. Complying with the terms of EP21-054, including provisions relating to installation, maintenance, repair, or removal of the art pads and artworks; c. Providing insurance in a form and amount acceptable to City (see below); d. Entering into and administering an agreement with a qualified art locator who will issue the Call for Art, conduct the initial screening of art submissions, work with the AAC on the selection of the sculptures for Phase II, coordinate with the artists, and oversee the installation and deinstallation of the selected sculptures, consistent with the terms of the Public Art Policy, EP, Masterplan, and this MOU.
e. Entering into and administering other agreements and contracts (including with the Artists and the contractor repairing the art pads, if repairs are required) as necessary to implement Phase II of the Program, consistent with the terms of the Public Art Policy, EP, Masterplan and this MOU.

4. Funding. The Foundation has agreed to underwrite the cost for Phase II of the Program in the approximate amount of $11,000. It is contemplated by the Parties that this will cover substantially all of the costs of Phase II of the Program. The Parties acknowledge that this underwriting is contingent upon the Foundation’s ability to secure the insurance required by the EP and this MOU at a cost that is deemed reasonable in the sole judgment of the Foundation. The Foundation will directly contract with and pay contractors, artists, and other third Parties whose services are necessary for the implementation of this Program during Phase II.

5. Art Selection and Artistic Judgments. The Parties acknowledge that the AAC will recommend art to the City Council for the Program consistent with the selection criteria and public review provisions of the Public Art Policy, and consistent with technical provisions of the Masterplan and EP.

6. Art Sales. The Program provides that artists selected for participation may offer their artwork for sale. To effectuate the purposes of the Program, artworks selected for Phase II must remain on public display as part of the Program for a minimum of twelve (12) months, and may be removed before the end of the 23-month display period only if the artist or Art Locator can provide a substitute work acceptable to the AAC for display for the remaining display period. Art sales shall be handled consistent 5 February 21, 2023 Item 09
with the provisions of Section XII, paragraph 3 of the Public Art Policy, with an additional 10% commission to be paid to the Art Locator. The 25% consignment fee to the City and the 10% commission to the Art Locator are based on the sale price set by the artist per the Agreement between the Foundation and the artist, and are in addition to the sale price.

The City’s consignment fee shall be allocated to the City of Del Mar Public Art Program Reserve Fund, to be used for future phases of this Program or other artsrelated purposes consistent with the Public Art Policy.

7. Maintenance; Damage; Loss.
a. Maintenance.
i. The Foundation shall be responsible for routine maintenance of the art pads to be installed as part of the Art Program.
ii. The artist shall be responsible for any routine maintenance for his/her artwork as provided in the artist’s agreement to participate in the Program. b. Damage; Loss
i. Artworks. The Foundation shall obtain fire and theft insurance for damage or loss to the artworks caused by fire, theft, vandalism, or other cause, and shall include provisions in the artist agreements limiting liability for damage or loss to a maximum of $10,000 per artwork or the artist’s sales price for the artwork, whichever is lower.
ii. Art pads. The Foundation is responsible for repairs to the art pads, per the terms of the EP.

8. Termination.
a. This MOU shall expire, unless renewed in writing by the Parties, at the conclusion of Phase II of the Program.
b. This MOU may be terminated sooner by either Party on reasonable notice to the other, provided that appropriate steps are included in any termination to ensure that no third party contracts are breached. In the event that either Party desires to terminate this MOU, the Parties agree to confer and make good-faith efforts to determine whether the termination can be avoided by amending the terms of the MOU or the Program.
c. In the event of an early termination, the Parties agree to confer in good faith to reach agreement on how the termination will be effectuated, including whether the art pads will be removed or responsibility for them will be assumed by the City.

9. Continuation of Program.
a. The Parties hope that Phase II of the Program covered by this MOU will be successful and that it will be well received by the community. If so, it is the 6 February 21, 2023 Item 09
non-binding intent of the Parties to renew the program on terms acceptable to each party.
b. No financial or other commitments to continuation of the program are included in this MOU.

10. Insurance.
a. Liability. The Foundation has a Special Liability Insurance Policy (SLIP) policy of insurance naming the City as an additional insured. i. This policy is deemed adequate for liability coverage purposes. ii. The Foundation shall maintain said policy, or equivalent, in full force and effect during the term of this MOU and any extension thereof. iii. The Foundation shall promptly notify the City, in writing, of any material change in said policy or its coverage affecting the City. iv. The Foundation shall ensure that the City is a named insured in said policy at all times relevant to this MOU, specifically naming the City’s Temporary Outdoor Sculpture Program as an ongoing event covered by this policy.
b. Property. In addition, the Foundation shall secure fire and theft coverage in an amount of not less than $100,000 to cover any damage or loss from fire, theft, vandalism, or other cause beyond the needs of ordinary maintenance to:
i. The art support systems to be installed on City property; ii. The artworks themselves in an amount up to the $10,000 maximum limit of liability set forth in the artist agreements.
iii. Additional insurance for the artworks may be purchased by the artists, and shall name the City and Foundation as additional insureds.

11. Indemnification. The Parties each agree to indemnify, defend (with attorneys approved by the indemnified party), and hold harmless each other and their respective officers, officials, agents and employees (Indemnified Parties) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the performance of this MOU arising from their own sole negligence or misconduct.

This indemnity is in addition to any other rights or remedies which the Parties may have under the law or this Agreement.

12. 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.
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IN WITNESS WHEREOF, the Parties hereto have executed this MOU the day and year first hereinabove written.

CITY OF DEL MAR, a municipal corporation DEL MAR FOUNDATION, a non-profit corporation
By: ________________________________ By: _____________________________ Ashley Jones, City Manager Hylton Lonstein, President
ATTEST:
___________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
___________________________________
Lesley E. Devaney, City Attorney
8 February 21, 2023 Item 09

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF DEL MAR AND THE DEL MAR FOUNDATION

REGARDING IMPLEMENTATION OF THE TEMPORARY OUTDOOR SCULPTURE

PROGRAM
This Memorandum of Understanding (“MOU”) is entered into effective June 21, 2021, by and between the City of Del Mar, a municipal corporation (“City”), and the Del Mar Foundation, a 501(c)(3) non-profit corporation (“the Foundation”), herein collectively referred to a as “the Parties.”

RECITALS
Whereas, under the guidance of the City’s Arts Advisory Committee (“AAC”) and with financial and administrative support from the Foundation, the Parties desire to implement Phase One of the City’s Temporary Outdoor Sculpture Program (“Program”), as developed by the AAC and conceptually approved by City Council on May 17, 2021; and
Whereas, Phase One of the Program is described in the AAC’s Phase One Masterplan (“Masterplan”) attached hereto as Exhibit A, and includes installation of art pads at five designated locations, selection and installation of five sculptures for public display at those locations, and de-installation of the sculptures at the end of the 23-month display period; and
Whereas, the purpose of this MOU is to set out the respective roles and responsibilities of the Parties in carrying out the Program; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

1. Role of the City Acting through its Arts Advisory Committee includes:
a. Collaborating with the Foundation to implement Phase One of the Program, consistent with the provisions of the Masterplan, the City’s Public Art Policy, this MOU, and the Encroachment Permit (EP) issued to the Foundation by the City;
b. Selecting the sculptures to be displayed in Phase One, in consultation with the professional Art Locator engaged by the Foundation, and consistent with the provisions of the City’s Public Art Policy, the Masterplan, and the EP;
c. Making recommendations as may be needed to City staff and Council regarding the Program;
d. Promoting the Program as authorized by City staff.
9 February 21, 2023 Item 09

2. Role of the City Acting through its City Council includes overall oversight of the program, including:
a. Oversight of the AAC and the Program through its Council liaisons, and if needed by the full Council;
b. Making recommendations as may be needed to the City staff and Council regarding the Program.

3. Role of the Del Mar Foundation includes:
a. Funding Phase One of the Program, consistent with the provisions of paragraph 4 below;
b. Applying for the necessary City encroachment permit (EP) to implement the Program, and complying with the terms of the EP, including provisions relating to installation, maintenance, repair, or removal of the art pads and artworks;
c. Providing insurance in a form and amount acceptable to City (see below); d. Entering into and administering an agreement with a qualified art locator who will issue the Call for Art, conduct the initial screening of art submissions, work with the AAC on the selection of the sculptures for Phase One, coordinate with the artists, and oversee the installation and deinstallation of the selected sculptures, consistent with the terms of the Public Art Policy, the EP, the Masterplan, and this MOU.
e. Entering into and administering other agreements and contracts (including with the Artists and the contractor installing the art pads) as necessary to implement Phase One of the Program, consistent with the terms of the Public Art Policy, the EP, the Masterplan and this MOU. .

4. Funding. The Foundation has agreed to underwrite the cost for Phase One of the Program in the amount of $15,150. It is contemplated by the Parties that this will cover substantially all of the costs of Phase One of the Program. The Parties acknowledge that this underwriting is contingent upon the Foundation’s ability to secure the insurance required by the EP and this MOU at a cost that is deemed reasonable in the sole judgment of the Foundation. The Foundation will directly contract with and pay contractors, artists, and other third Parties whose services are necessary for the implementation of this Program during Phase One.

5. Art Selection and Artistic Judgments. The Parties acknowledge that the AAC will select art for the Program consistent with the selection criteria and public review provisions of the Public Art Policy, and consistent with technical provisions of the Masterplan and EP. The Parties’ role with respect to art selection is limited to oversight with respect to safety, code compliance, technical specifications in the AAC Masterplan or the EP, and compliance with the Public Art Policy. 10 February 21, 2023 Item 09

6. Art Sales. The Program provides that artists selected for participation may offer their artwork for sale. To effectuate the purposes of the Program, artworks selected for Phase One must remain on public display as part of the Program for a minimum of twelve (12) months, and may be removed before the 23-month display period only if the artist or Art Locator can provide a substitute work acceptable to the AAC for display for the remaining display period. Art sales shall be handled consistent with the provisions of Section XII, paragraph 3 of the Public Art Policy, with an additional 10% commission to be paid to the Art Locator. The 25% consignment fee to the City and the 10% commission to the Art Locator are based on the sale price set by the artist per the Agreement between the Foundation and the artist, and are in addition to the sale price.

The City’s consignment fee shall be allocated to the City of Del Mar Public Art Program Reserve Fund, to be used for future phases of this Program or other artsrelated purposes consistent with the Public Art Policy.

7. Maintenance; Damage; Loss.
a. Maintenance.
i. The Foundation shall be responsible for routine maintenance of the art pads to be installed as part of the Art Program.
ii. The artist shall be responsible for any routine maintenance for his/her artwork as provided in the artist’s agreement to participate in the Program.
b. Damage; Loss
i. Artworks. The Foundation shall obtain fire and theft insurance for damage or loss to the artworks caused by fire, theft, vandalism, or other cause, and shall include provisions in the artist agreements limiting liability for damage or loss to a maximum of $10,000 per artwork or the artist’s sales price for the artwork, whichever is lower. ii. Art pads. The Foundation is responsible for maintenance of and repairs to the art pads, per the terms of the EP.

8. Termination.
a. This MOU shall expire, unless renewed in writing by the Parties, at the conclusion of Phase One of the Program.
b. This MOU may be terminated sooner by either Party on reasonable notice to the other, provided that appropriate steps are included in any termination to ensure that no third party contracts are breached.
c. In the event that either Party desires to terminate this MOU, the Parties agree to confer and make good-faith efforts to determine whether the 11 February 21, 2023 Item 09
termination can be avoided by amending the terms of the MOU or the Program.
d. In the event of an early termination, the Parties agree to confer in good faith to reach agreement on how the termination will be effectuated, including whether the art pads will be removed or responsibility for them will be assumed by the City.

9. Continuation of Program.
a. The Parties hope that Phase One of the Program covered by this MOU will be successful and that it will be well received by the community. If so, it is the non-binding intent of the Parties to renew the program on terms acceptable to each party.
b. No financial or other commitments to continuation of the program are included in this MOU.

10.Insurance.
a. Liability. The Foundation has a Special Liability Insurance Policy (SLIP) policy of insurance naming the City as an additional insured. i. This policy is deemed adequate for liability coverage purposes. ii. The Foundation shall maintain said policy, or equivalent, in full force and effect during the term of this MOU and any extension thereof. iii. The Foundation shall promptly notify the City, in writing, of any material change in said policy or its coverage affecting the City. iv. The Foundation shall ensure that the City is a named insured in said policy at all times relevant to this MOU, specifically naming the City’s Temporary Outdoor Sculpture Program as an ongoing event covered by this policy.
b. Property. In addition, the Foundation shall secure fire and theft coverage in an amount of not less than $100,000 to cover any damage or loss from fire, theft, vandalism, or other cause beyond the needs of ordinary maintenance to:
i. The art support systems to be installed on City property; ii. The artworks themselves in an amount up to the $10,000 maximum limit of liability set forth in the artist agreements.
iii. Additional insurance for the artworks may be purchased by the artists, and shall name the City and Foundation as additional insureds.

11.Indemnification.

The Parties each agree to indemnify, defend (with attorneys approved by the indemnified party), and hold harmless each other and their respective officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the 12 February 21, 2023 Item 09
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