Table of Contents
2023-6-19 Regular Meeting Agenda.pdf
Item 1 - Minutes.pdf
Item 2 - List of Demands.pdf
Item 4 - SB 9 Ordinance Second Reading.pdf
Item 5- Parking LCPA Ordinance.pdf
Item 6 - Drought Ordinance 2nd reading Emergency Water Management.pdf Item 7 - Claims Management Agreement.pdf
Item 8 - CLA Agreement Amendment.pdf
Item 9 - Agreement for Commnications Services.pdf
Item 10 - CanonMFD Lease and Maint.pdf
Item 11 - State Mandated Fire Inspections Del Mar 2023 V1.pdf Item 12 - Housing Element Program 3B.pdf
Item 13 - Planning Commission Interviews and Appointments.pdf Item 14 - DRB Interviews and Appointment.pdf
Item 15 - Adoption of FY 2024 & 2025 Operating and Capital Budget.pdf 2 9
16 30
73 82
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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
Monday, June 19, 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
Nestor Machado
Acting City Clerk
Del Mar City Council Regular Meeting June 19, 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: June 5, 2023 Regular and Special Meeting Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
2. Ratification of List of Demands, dated June 19, 2023 Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting June 19, 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. Second Reading and Adoption of an Ordinance to Regulate Two Unit Residential Development and Urban Lot Split Projects in Accordance with California Senate Bill 9 (SB 9)
Recommended Action: Staff recommends that City Council adopt the Ordinance (Attachment A) adding Del Mar Municipal Code (DMMC) Chapters 30.93, 24.66,
23.07; amending DMMC Chapters 30.75, 30.10, 30.11, 30.12, 30.13, 30.14, and
30.15; and adopting a Local Coastal Program (LCP) Amendment to establish procedures, objective development standards, and objective design standards to regulate Two Unit Residential Development and Urban Lot Split projects in accordance with California Senate Bill 9 (SB 9).
Reference: Clerk’s File No. 305-1, 401-4, 401-7, 401-9
5. Second Reading and Adoption of an Ordinance to Amend Prospective Ordinance No. 982 Pursuant to California Coastal Commission Action on May 10, 2023, Approving a Conditional Certification Order with Required Modifications (All Relating to the Parking Amendments under DMMC Chapter 30.80 Adopted by the City Council in December 2021) Recommended Action: Staff recommends that the City Council adopt the Ordinance (Attachment A) to amend the previously adopted City Ordinance No. 982 to approve changes required by the California Coastal Commission (CCC) as a condition of final certification of the City’s parking-related Local Coastal Program Amendment (LCPA) application (Zone Code Amendment ZA21-001/Local Coastal Program Amendment LCPA21-001).
Reference: Clerk’s File No. 305-1, 401-4, 401-9, 905-3
6. Second Reading and Adoption of an Ordinance Amending Chapter 21.70 of the Del Mar Municipal Code to Revise Emergency Water Management Water Shortage Response Levels
Recommended Action: Staff recommends that the City Council adopt an Ordinance (Attachment A) amending the Del Mar Municipal Code (DMMC) Chapter 21.70 to revise water shortage responses to align with the six standard water shortage levels as required by the California Water Code.
Del Mar City Council Regular Meeting June 19, 2023
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 401-4, 401-9, 907-10
7. Agreement with Claims Management Associates, Inc. for General Liability Claims Management Services
Recommended Action: Staff recommends that the City Council: 1) Approve a Professional Services Agreement with Claims Management Associates, Inc. (Attachment A) to provide general liability claims management and third-party adjustment services; and 2) Authorize the City Manager to execute the Agreement.
Reference: Clerk’s File No. 406-1
8. Second Amendment to Agreement with CliftonLarsonAllen LLP for Professional Audit Services
Recommended Action: Staff recommends that the City Council: 1) Approve the Second Amendment to the Agreement (Agreement) between the City of Del Mar and CliftonLarsonAllen LLP (Attachment A) for professional auditing services, extending the Agreement for an additional two-year period ending June 30, 2025; and 2) Authorize the City Manager to execute the Second Amendment.
Reference: Clerk’s File No. 406-1
9. Agreement for As-Needed Public Information, Communication, and Outreach Services
Recommended Action: Staff recommends that the City Council: 1) Approve a professional services agreement with Adam Kaye Communications (Attachment A) to provide as-needed public information, communication, and outreach services for an initial three-year period effective July 1, 2023, through June 30, 2026; and 2) Authorize the City Manager to execute the agreement.
Reference: Clerk’s File No. 406-1, 1201-6
10. Approval of Lease and Maintenance Agreements with Canon USA, Inc. C/O Signa Digital Solutions, Inc. for a new Canon Multi-Function Device Recommended Action: Staff recommends that the City Council authorize the City Manager to execute a sixty (60) month lease (Attachment A) and maintenance agreement (Attachment B) with Canon USA, Inc. C/O Signa Digital Solutions, Inc. for a new Canon Color Multi-function Device (MFD) for City Hall.
Reference: Clerk’s File No. 406-1
Del Mar City Council Regular Meeting June 19, 2023
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
11. Resolution Accepting State-Mandated Annual Fire Inspections Report Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) accepting a report on the status of all State-mandated annual fire inspections in the City of Del Mar in conjunction with Senate Bill (SB) 1205 and California Health and Safety Code Section 13146.4.
Reference: Clerk’s File No. 1101-8
12. Adoption of a Resolution to Find and Accept that the State Department of Housing and Community Department (HCD) Administrative Edit to Housing Program 3B (Affordable Housing on Public Sites) is Consistent with the Previously Adopted City Council Resolution and Results in Final Certification of the City’s 6th Cycle Housing Element
Recommended Action: Staff requests that the City Council adopt a Resolution (Attachment A) to find and accept that the clarifying edit made by HCD to Program 3B and incorporated into the certified 6th Cycle Housing Element is consistent with previously adopted City Council Resolution 2023-12, which resulted in HCD determining that the City’s Housing Element is in “substantial compliance” with State Housing Element Law (Attachment B).
Reference: Clerk’s File No. 304-7
IX. COMMISSION AND COMMITTEE INTERVIEWS
13. Planning Commission Interviews and Appointments
Recommended Action: Staff recommends that the City Council review the Citizen Interest Forms (Attachment A); interview the applicants; and appoint two residents to serve as voting members on the Planning Commission for a full fouryear term beginning July 1, 2023, and ending on July 31, 2027.
Reference: Clerk’s File No. 401-5
14. Design Review Board Interviews and Appointment
Recommended Action: Staff recommends that the City Council review the Citizen Interest Forms (Attachment A); interview the applicants; and appoint one resident to serve as a voting member on the Design Review Board for a full fouryear term effective July 2, 2023 and expiring on July 31, 2027.
Reference: Clerk’s File No. 401-5
X. COUNCIL MEETING RECESS
Del Mar City Council Regular Meeting June 19, 2023
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XI. CITY COUNCIL OTHER BUSINESS
15. Adoption of the Fiscal Years 2023-2024 and 2024-2025 Operating and Capital Budget and Related Budget Resolutions
Recommended Action: It is recommended that the City Council: 1) Accept final changes to the proposed budget document identified in Table A; and 2) Adopt the Resolutions included as Attachments A, C-H as required in order to formally adopt the Fiscal Years 2023-2024 and 2024-2025 Operating and Capital Budget.
Reference: Clerk’s File No. 202-1
XII. 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
XIII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A. 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)
Del Mar City Council Regular Meeting June 19, 2023
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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
XIV. 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.
July 10, 2023
Boys and Girls Club
MBI Task Order for 11th Street Tank Mixer Design
RP3 Recreational Trails Program Grant Application Resolution Agreements for FY 2023-24 & 2024-25 Community Support Funding Amendment to Coop Agreement - Training Captain
Presentation of Short Term Rentals Data and Council Direction for Next Steps XV. CERTIFICATION
I, Nestor Machado, Acting City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 14th day of June, 2023 at approximately 4:55 p.m.
___________________________________________ 6/14/2023
Nestor Machado, Acting City Clerk Date
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
JUNE 5, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
Mayor Martinez called the meeting to order at 2:46 P.M.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland and Dwight Worden
CLOSED SESSION
A) Conference with Legal Counsel – Existing Litigation
North County Transit District (NCTD) – Verified Petition for Declaratory Order, Surface Transportation Board Finance Docket No. 3643
Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None.
B) Conference with Labor Negotiators
Negotiators: Ashley Jones, City Manager; Monica Molina, Finance Manager; Kseniia Izgarskaia, Associate Management Analyst
Labor Associations: Del Mar Firefighters Association (DMFA) Authority: Gov. Code Section 54957.6
Reportable Action: None.
C) Public Employee Performance Evaluation
Title: City Manager
Authority: Government Code Section 54957
Reportable Action: None.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 4:18 P.M.
Nestor Machado, Acting City Clerk
1 June 19, 2023 Item 01
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 5, 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 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
City Attorney Leslie Devaney reported that there were no recusals or reportable actions for the June 5, 2023, City Council Closed Session meeting.
PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Martinez opened Public Oral Communications and the following person spoke:
1) Shirli Weiss (time donated by John Stahl)
Mayor Martinez closed the item to public comment.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden reported on recent median landscape improvements and Summer Solstice event. Mayor Martinez reported on 81st Anniversary of the Midway event.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the recent Budget Workshop meetings and planned presentation of the final budget to the Council on June 19, 2023.
CONSENT CALENDAR
Acting City Clerk, Nestor Machado read the titles of the items included on the Consent Calendar. 2 June 19, 2023 Item 01
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Mayor Martinez opened the Consent Calendar to public comment and the following person spoke on Item 8:
1. Bob Gans (time donated by Ashley Simpkins)
Mayor Martinez closed the item to public comment. Items 12 and 15 were added to the Consent Calendar for consideration.
IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY COUNCILMEMBER WORDEN TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 12 AND 15 (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: MAY 15, 2023 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED JUNE 5, 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 FISCAL YEAR 2023-24 SENATE BILL 1 FUNDING FOR THE CITY’S ANNUAL PAVEMENT REHABILITATION PROJECT (CLERK’S FILE NO. 401-7, 901-5) Council adopted Resolution 2023-16, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017”, on consent.
Councilmember Worden noted that more road improvements are to be done in addition to those being funded by SB 1.
ITEM 5: AGREEMENTS WITH THE DEL MAR VILLAGE ASSOCIATION FOR DESTINATION MARKETING AND ECONOMIC DEVELOPMENT (CLERK’S FILE NO. 406-1, 1202-16) Council approved an Agreement with the Del Mar Village Association (DMVA) for an initial three year term from July 1, 2023, through June 30, 2026, for Destination Marketing; approved an Agreement with the DMVA for an initial three year term from July 1, 2023, through June 30, 2026, for Economic Development Services; and authorized the City Manager to execute the Agreements, on consent.
ITEM 6: AGREEMENT WITH DEL MAR COMMUNITY CONNECTIONS FOR SENIOR SUPPORT SERVICES (CLERK’S FILE NO. 406-1, 1202-15 )
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Council approved an Agreement with Del Mar Community Connections (DMCC) for senior support services for an initial three-year term from July 1, 2023, through June 30, 2026; and authorized the City Manager to execute the Agreement, on consent.
ITEM 7: AGREEMENT WITH THE REGIONAL TASK FORCE ON HOMELESSNESS FOR POINT-IN-TIME COUNT SERVICES (CLERK’S FILE NO. 406-1)
Council approved an Agreement with the Regional Task Force on Homelessness (RTFH) for Point-In-Time Count Services for an initial three-year term from July 1, 2023, through June 30, 2026, and authorized the City Manager to execute the Agreement, on consent.
ITEM 8: FUNDING AND SERVICE AGREEMENT WITH DEL MAR COMMUNITY CONNECTIONS FOR THE DEL MAR RENTAL ASSISTANCE PROGRAM (CLERK’S FILE NO. 406-1, 1202-15)
Council approved a Funding and Service Agreement with Del Mar Community Connections (DMCC) for management and administration of the Del Mar Rental Assistance Program until the Program naturally terminates due to attrition; and authorized the City Manager to execute the Agreement, on consent.
ITEM 9: AGREEMENT WITH CORVEL ENTERPRISE COMP, INC. FOR WORKERS’ COMPENSATION AND CLAIMS ADMINISTRATION SERVICES (CLERK’S FILE NO. 406-1, 502-4)
Council approved a Professional Services Agreement with CorVel Enterprise Comp, Inc. to provide third party workers’ compensation and claims administration services; and authorized the City Manager to execute the Agreement, on consent.
ITEM 10: LAGOON COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council appointed Jeffrey Barnouw to the Lagoon Committee as a voting member to serve a full three-year term starting July 1, 2023, and ending on July 31, 2026, on consent.
ITEM 11: RECOMMENDED COMPENSATION ADJUSTMENT RELATED TO THE CITY MANAGER’S PERFORMANCE EVALUATION (CLERK’S FILE NO. 502-1) Council adopted Resolution 2023-17, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AUTHORIZING COMPENSATION ADJUSTMENT
FOR ASHLEY JONES AS CITY MANAGER FOR THE CITY OF DEL MAR AND
ADOPTING THE AMENDED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL SALARY SCHEDULE”, effective December 13, 2022 on consent.
PUBLIC HEARING
ITEM 12: ADOPTION OF WATER SHORTAGE CONTINGENCY PLAN AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 21.70 OF THE DEL MAR MUNICIPAL CODE
TO REVISE EMERGENCY WATER MANAGEMENT WATER SHORTAGE RESPONSE LEVELS (CLERK’S FILE NO. 401-4, 401-9, 907-10)
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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 adopted the City’s Water Shortage Contingency Plan (WSCP) and authorized future administrative updates via the City Manager; and approved the introduction of an Ordinance amending the Del Mar Municipal Code (DMMC) Chapter 21.70 to revise water shortage responses to align with the six standard water shortage levels as required by the California Water Code.
ITEM 13: INTRODUCTION OF AN ORDINANCE TO AMEND PROSPECTIVE ORDINANCE NO. 982 AND ADOPTION OF A RESOLUTION TO AMEND THE CITY’S LOCAL COASTAL
PROGRAM LAND USE PLAN PURSUANT TO CALIFORNIA COASTAL COMMISSION ACTION ON MAY 10, 2023, APPROVING A CONDITIONAL CERTIFICATION ORDER
WITH REQUIRED MODIFICATIONS (ALL RELATING TO THE PARKING AMENDMENTS UNDER DMMC CHAPTER 30.80 ADOPTED BY THE CITY COUNCIL IN DECEMBER 2021) (CLERK’S FILE NO. 305-1, 401-4, 401-9, 905-3) A presentation was provided by Associate Planner Jennifer Gavin.
Council questions focused on what was included in the parking management plan; inventory of existing public access; inclusion of North Commercial Zone; what is required for parking management plan updates; unexpected parking reduction; exemption for existing non-conforming status; LCP Land Use Plan amendments for consistency with the parking code; changes as requirement to obtain final certification of the LCP amendment; and no anticipated changes in residential parking.
There were no public speakers for this item.
Council discussion focused on the potential impacts of the proposed changes; ability to amend the changes, if necessary; and benefits to the restaurants and existing businesses.
IT WAS MOVED BY DEPUTY MAYOR QUIRK, SECONDED BY COUNCILMEMBER WORDEN TO
TAKE THE FOLLOWING ACTIONS TO APPROVE CHANGES REQUIRED BY THE CALIFORNIA COASTAL COMMISSION (CCC) AS A CONDITION OF FINAL CERTIFICATION OF THE CITY’S
PARKING-RELATED LOCAL COASTAL PROGRAM AMENDMENT APPLICATION (ZONE CODE AMENDMENT ZA21-001/LOCAL COASTAL PROGRAM AMENDMENT LCPA21-001) INCLUDING:
1) INTRODUCTION OF AN ORDINANCE TO AMEND THE PREVIOUSLY ADOPTED CITY ORDINANCE NO. 982 (SEE ATTACHMENT D FOR ORDINANCE CHANGES IN STRIKEOUTUNDERLINE FORM); AND 2) ADOPTION OF RESOLUTION 2023-18, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DEL MAR, CALIFORNIA, APPROVING THE AMENDMENTS TO THE EXISTING CERTIFIED DEL MAR LOCAL COASTAL PROGRAM (LCP) LAND USE PLAN (LCPA 21-001) AND DIRECTING
STAFF TO SUBMIT THE LOCAL COASTAL PROGRAM AMENDMENT TO THE COASTAL COMMISSION FOR CERTIFICATION”, CONSISTENT WITH THE PARKING REGULATIONS UNDER
THE DEL MAR MUNICIPAL CODE IN ACCORDANCE WITH THE CCC CONDITIONAL APPROVAL LETTER. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
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ITEM 14: AN ORDINANCE TO REGULATE TWO UNIT RESIDENTIAL DEVELOPMENT AND
URBAN LOT SPLIT PROJECTS IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9 (SB 9) (CLERK’S FILE NO. 305-1, 401-4, 401-7, 401-9)
A presentation was provided by Principal Planner Matt Bator.
Council questions focused on compatible design; applicability with the Design Review Ordinance; standards for grading outside footprint; corner lot regulations and design guidelines; Senate Bill (SB) 9 requirements for vehicle access and parking; encroachment regulations for setbacks; assurance for duplex not being used as one large unit; consideration requesting additional parking spaces; clarification on setback regulations; restrictions related to street parking for SB 9 residents; objective standards related to view protection; addition of design compatibility language; incentives to use SB 9; one APN for the split lot; inclusionary housing ordinance update; and affordability component not to be supported by Coastal Commission.
Council questions further focused on type of application; staff’s discretion at approving projects; whether administrative decision is appealable; notification of SB 9 projects to the neighbors; internal planning staff process; offsite improvement requirements; story qualification anything five feet and above; clarification of SB 9 eligible lot locations; basements were precluded; requirement for homeowner to live in one of the units for at least three years; possible lot configurations; and requirement for one of the primary units to be designated as affordable unit.
Mayor Martinez noted her preference to omit skylights; include a standard for allowable patio locations; and increase required parking spaces to two per unit.
Additional Council questions focused on acceptable front setback permanent improvements; SB 9 units ability to be counted towards the City’s Regional Housing Needs Assessment (RHNA) allocations; noise regulations; requirement for all ground mounted mechanical equipment to be completely shielded to eliminate noise and screened from view of an adjacent property; and trash collection management.
Mayor Martinez opened the item to public comment and the following people spoke:
1. Dolores Davies Jamison
2. Richard Jamison
Mayor Martinez closed the item to public comment.
Council discussion focused on tree removal process; and concerns with requiring replacement of all trees.
Staff read into the record revisions to Section 3 of the Ordinance related to objective design standards by adding: row B-10 related to new unit to be designed and constructed to match an existing one; row B12 related to FAR and lot coverage; row B-11 related to exterior architectural style and materials; row B13 related to permissible patio locations; row B-14 related to preserving public scenic views identified in the City’s certified Local Coastal Program; row H 6 requiring skylights to be tinted ; and modifying Section 14 of the Ordinance related to the Ordinance’s effectiveness date following LCPA certification by the Coastal Commission.
Councilmember Gaasterland inquired about doing a parking study; the minimum lot frontage requirements; and recourse to ensure compliance with SB 9 ordinance. 6 June 19, 2023 Item 01
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IT WAS MOVED BY COUNCILMEMBER WORDEN, SECONDED BY COUNCILMEMBER DRUKER
TO APPROVE THE INTRODUCTION OF AN ORDINANCE ADDING DEL MAR MUNICIPAL CODE (DMMC) CHAPTERS 30.93, 24.66, 23.07; AMENDING DMMC CHAPTERS 30.75, 30.10, 30.11, 30.12,
30.13, 30.14, AND 30.15; AND ADOPTING A LOCAL COASTAL PROGRAM AMENDMENT TO
ESTABLISH PROCEDURES, OBJECTIVE DEVELOPMENT STANDARDS, AND OBJECTIVE
DESIGN STANDARDS TO REGULATE TWO UNIT RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLIT PROJECTS IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9 (SB 9), INCLUDING REVISIONS TO THE ORDINANCE REQUESTED BY COUNCIL. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
CITY COUNCIL OTHER BUSINESS
ITEM 15: BUILDING ELECTRIFICATION ORDINANCE UPDATE & PROPOSED SUSTAINABILITY ADVISORY COMMITTEE WORK PLAN AMENDMENT (CLERK’S FILE NO. 401-4, 401-5, 1001-3)
The item was moved to the consent calendar for approval. There were no public speakers. Council approved placing development of a building electrification ordinance on hold until there is more clarity on the impacts of a recent State Court ruling regarding building electrification; and authorized staff to work with the Sustainability Advisory Committee (SAC) on the development of a Balloon Ban Ordinance in the interim.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the Del Mar Railroad Committee; SANDAG Shoreline Preservation Working Group; San Diego Association of Governments Board (SANDAG); and Housing Subcommittee.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 8:17 p.m.
Nestor Machado, Acting City Clerk
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Matt Bator, AICP, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: June 19, 2023
SUBJECT: Second Reading and Adoption of an Ordinance to Regulate Two Unit Residential Development and Urban Lot Split Projects in Accordance with California Senate Bill 9 (SB 9)
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that City Council adopt the Ordinance (Attachment A) adding Del Mar Municipal Code (DMMC) Chapters 30.93, 24.66, 23.07; amending DMMC Chapters
30.75, 30.10, 30.11, 30.12, 30.13, 30.14, and 30.15; and adopting a Local Coastal Program (LCP) Amendment to establish procedures, objective development standards, and objective design standards to regulate Two Unit Residential Development and Urban Lot Split projects in accordance with California Senate Bill 9 (SB 9).
DISCUSSION/ANALYSIS:
Government Code Section 65852.21 requires cities to process proposed housing development containing a maximum of two dwelling units on single dwelling zoned lots through a ministerial review process (without discretionary review or a public hearing) if the proposed housing development meets certain qualifying criteria set forth by SB 9.
Further, Government Code Section 66411.7 allows the subdivision of qualifying lots in single dwelling unit zones to ministerially process a tentative parcel map for an “Urban Lot Split” to subdivide one lot into two separate lots and allows development of a maximum of two dwelling units on each resulting lot.
While SB 9 mandates a ministerial review and approval process for qualifying projects, it also allows the City to develop a local ordinance to provide specific processing requirements and to impose objective zoning, subdivision, and design standards on such projects if those standards do not physically preclude the construction of two, 800-squarefoot units on a new and/or existing lot. SB 9 must also be implemented consistent with the City’s certified LCP and the California Coastal Act. 1 June 19, 2023 Item 04
City Council Agenda Report
Second Reading and Adoption of SB 9 Ordinance
June 19, 2023
On June 5, 2023, the City Council conducted a public hearing and introduced an Ordinance to implement SB 9. During the public hearing, the City Council requested specific clarifying amendments that were read into the public record to incorporate minor revisions into the Ordinance as introduced. The Ordinance revisions included additional objective design standards to address neighborhood compatibility, minimize light trespass, and clarify the effective date of the Ordinance as further described below:
Ordinance Section Three DMMC Section 23.07.030 Table A Row B (new # 10-14)
10. On a site already developed with an existing unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and railings.
11. When two new units are proposed, the units shall be constructed using the same architectural style, exterior building materials, colors and finishes.
12. The project shall comply with the Floor Area Ratio (FAR) and Lot Coverage of the underlying Zone if it is feasible to do so and comply with the rights provided by SB 9.
13. No patio shall be permitted as a feature within a required front yard, street-side yard, or required yard that is four feet or less from the property line.
14. A new unit shall not be located in an area designated as a public scenic view in the certified Local Coastal Program.
Ordinance Section Three DMMC Section 23.07.030 Table A Row H (new #6)
6. Skylights shall be tinted to prohibit the escape of light from inside the unit.
Ordinance Section Fourteen Ordinance Effective Date (Replacement Language) Upon adoption, the Ordinance will be submitted to the California Coastal Commission for certification as a Local Coastal Program Amendment. The Ordinance will take effect and be in force on the date that the Coastal Commission acts to unconditionally certify the Local Coastal Program Amendment.
CORRESPONDENCE:
Following the June 5, 2023, City Council public hearing to review and introduce the Ordinance, staff received additional written public correspondence, which is included as Attachment B. The public input, provided by Michael Deftos to Mayor Martinez and 2 June 19, 2023 Item 04
City Council Agenda Report
Second Reading and Adoption of SB 9 Ordinance
June 19, 2023
Council Member Gaasterland as the City Council’s Housing Subcommittee and forwarded to staff, provides suggestions to limit potential impacts of private views by proposed SB 9 development.
As was explained by staff to the Council on June 5, 2023, private view protection standards are widely regarded by the California Department of Housing and Community Development (HCD) as subjective criteria and have not been allowed, as they not only need to be applied on a case-by-case basis, but the potential impact may be perceived differently by multiple viewers/reviewers. However, one of the many programs/tasks identified in the City’s 6th Cycle Housing Element is to develop Citywide objective design standards for future by-right housing projects. As the Planning Department moves forward with the development of those objective design standards later this year with a planning/design consultant, staff can utilize the consultant’s experience and expertise to explore the possibility of developing such a view-related standard that would be specific, uniformly verifiable, and involve no personal or subjective judgement. If such a standard can be achieved and found to be acceptable by the HCD, it could be applied to SB 9 development through additional City Council action.
HOUSING IMPACT:
Adoption of the proposed Ordinance will satisfy the City’s commitment per the City’s 6 th
Cycle Housing Element Program 6B to adopt a SB 9 Ordinance by June 2023 and facilitate creation of new opportunities for housing to Affirmatively Further Fair Housing (AFFH).
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 is exempt from review under the California Environmental Quality Act (CEQA; Public Resources Code Section 21000 et. seq.) and CEQA regulations (Title 14 of California Code Regulations Section 15000 et. seq.) pursuant to Government Code Sections 65852.21(j) and 66411.7(n), because the adoption of an ordinance to implement SB 9 shall not be considered a project under Division 13 of the Public Resources Code.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Development and adoption of an Ordinance to regulate SB 9 development and subdivisions (Urban Lot Splits) was identified as a priority project in the FY 2022-2023 Operating and Capital Budget.
ATTACHMENT:
Attachment A – Ordinance to Regulate SB 9 Development
Attachment B – Public Correspondence
3 June 19, 2023 Item 04
ATTACHMENT A
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING NEW CHAPTERS 30.93, 24.66, 23.07;
AMENDING CHAPTERS 30.75, 30.10, 30.11, 30.12, 30.13, 30.14, AND
30.15 OF THE CITY OF DEL MAR MUNICIPAL CODE, AND LOCAL
COASTAL AMENDMENT (ZA22-003/A22-001/LCPA22-003)
ESTABLISHING THE PROCEDURES AND OBJECTIVE STANDARDS
FOR THE DEVELOPMENT OF TWO UNIT RESIDENTIAL
DEVELOPMENT AND URBAN LOT SPLITS ON SINGLE DWELLING
ZONED PROPERTIES IN ACCORDANCE WITH SENATE BILL 9
WHEREAS, commonly referred to as “Senate Bill 9,” CA Gov. Code Sec. 66452 et seq. requires local agencies to ministerially process and review the development of two dwelling units, referred herein as “Two Unit Residential Development” on lots zoned for single dwelling units; and
WHEREAS, additionally, Senate Bill 9 requires local agencies to ministerially review “Urban Lot Splits”, which allow for the subdivision of a lot that is zoned for a single dwelling unit into two lots for the maximum development of two dwelling units on each resulting lot; and
WHEREAS, the proposed revisions to the Del Mar Municipal Code (DMMC) are necessary to make City’s regulations consistent with Senate Bill 9 and the Coastal Act.
Senate Bill 9 limits the ability of local jurisdictions to impose subjective development standards on Two Unit Residential Development and Urban Lot Splits when the proposed projects meet certain development criteria; and
WHEREAS, the Design Review Board held a duly noticed special meeting to review the draft Objective Design Standards on December 14, 2022, and the Design Review Board provided feedback that necessitated revisions that are now incorporated into the Ordinance; and
WHEREAS, to implement these regulations a Local Coastal Program Amendment will require the certification by the California Coastal Commission; and WHEREAS, the City posted, published, and mailed a Notice of Availability of the draft Local Coastal Amendment for public review on February 23, 2023, in accordance with California Code of Regulations Section 13515 requirements for public participation and agency coordination for Local Coastal Program Amendments: and WHEREAS, on March 14, 2023, the Planning Commission held a duly noticed public hearing to review the proposed Zoning Code Amendments, Municipal Code Amendments, and Local Coastal Program Amendment related to the City’s new Senate Bill 9 regulations, at which time the staff report was presented, public testimony was 4 June 19, 2023 Item 04
Ordinance No. XXX
received, and the Planning Commission unanimously voted to continue the public hearing in order for staff to make revisions to the draft Ordinances; and WHEREAS, the draft Ordinance has been undergoing refinement since 2021 and City staff has of coordinated with California Coastal Commission staff, City Council’s Housing Subcommittee, and the Design Review Board. At the March 14, 2023 Planning Commission meeting the C asked staff to take actions to increase public participation , as a result Staff revised the City’s SB 9 informational website and included a Fact Sheet with a list of frequently asked questions, distributed newsletter articles, sent E-Notification of the review process and upcoming public hearings, and made announcements at the April 2023 Planning Commission and City Council meetings.
WHEREAS, the City posted, published, and mailed a Notice of Availability of the draft Local Coastal Amendment for public review on April 20, 2023, in accordance with California Code of Regulations Section 13515 requirements for public participation and agency coordination for Local Coastal Program Amendments; and WHEREAS, on May 9, 2023, the Planning Commission held a second duly noticed public hearing to review the revisions made to the draft Ordinance and at which time the Planning Commission adopted Resolution No. PC 2023-02 recommending that the Del Mar City Council adopt an ordinance to amend Del Mar Municipal Code and Local Coastal Program; and
WHEREAS, the City Council of the City of Del Mar has determined that this action is exempt from review under the California Environmental Quality Act (CEQA; Public Resources Code Section 21000 et. seq.) and CEQA regulations (Title 14 of California Code Regulations Section 15000 et. seq.) pursuant to Government Code Sections 65852.21(j) and 66411.7(n), because the adoption of an ordinance to implement SB 9 shall not be considered a project under Division 13 of the Public Resources Code.
Pursuant to the exemptions listed above, Zone Code Amendment (ZA22-003), Municipal Code Amendment (A22-001) and Local Coastal Program Amendment (LCPA22-003) is hereby recommended to the City Council for approval; and WHEREAS, Senate Bill 9 through its legislative mandates results in changed conditions that warrant additional zoning changes to Zone Code Amendment (ZA22-003) and the Ordinance reflects that cities are to ministerially process two dwelling unit development on single-unit-zoned lots or Urban Lot Splits on single-unit-zoned lots. The proposed Zone Code Amendment provides regulations to ministerially process SB 9 projects consistent with State law while ensuring objective standards preserve the community character of the City’s single-unit-zoned neighborhoods and allows the City to mitigate any adverse impacts to coastal resources and public health; and WHEREAS, Zone Code Amendment (ZA22-003) is necessary to implement State law and as such, the City Council has determined that Zone Code Amendments to 5 June 19, 2023 Item 04
Ordinance No. XXX
accommodate Senate Bill 9 to be in the interest of furtherance of public health, safety, comfort, convenience and general welfare, and will not adversely affect the established character of the surrounding neighborhoods, nor be injurious to other properties in the vicinity of the Two Unit Development or Urban Lot Splits. Furthermore, proposed objective development standards are consistent with California Building Code and California Fire Code regulations; and
WHEREAS, the Zone Code Amendment conforms to the general purpose, planned use, and intent of the adopted Community Plan, and any ordinance, regulation, or plan in effect that implements the Community Plan as identified in the below:
a. Community Development Element:
i. Goal 3(A)(4) – Limit building height to two stories in all residential areas, prohibit three story facades, and encourage single story development in areas where two-story construction would be disruptive to neighborhood character and scale of development.
ii. Goal 3(D)(1) – Protect existing moderate cost housing from unnecessary redevelopment to more expensive housing by maintaining strict floor area to lot area limitations.
iii. Goal 3(F)(1) – Encourage harmonious development which is in scale with the character of existing development.
b. Housing Element:
i. Goal #1 - Facilitate a Variety of Housing Strategies to Meet Housing Element Production Targets in a Way That Complements the Existing Character of the Community.
ii. Goal #4 – Provide an Economically and Socially Diverse Balance of Housing Options that are Affordable for a Variety of Income Levels and Housing Needs.
iii. Goal #6 – Ensure a Sustainable Approach to New Housing Opportunities that Protects the Quality of Life and Future of Del Mar.
Zone Code Amendment ZA22-003 establishes regulations that will implement Senate Bill 9 in conformance with the above-cited Community Plan Goals, Objectives, and Policies.
The proposed Amendments include objective development standards that limit the height of a dwelling unit to 16 feet or one-story, which requires single story development within the single-unit-zoned neighborhoods. This will ensure development will not be disruptive to existing neighborhood character and scale while meeting the intent of State law. 6 June 19, 2023 Item 04
Ordinance No. XXX
Furthermore, units developed under the proposed Amendments are limited to 800-1,000 square feet, facilitating more affordably constructed units and increasing the variety of housing opportunities available for the community. Based on the intent of Senate Bill 9 to provide additional housing stock and increase housing options and opportunities for a diverse range of the population, the Ordinance provides that at least one primary unit will contain an affordability covenant that will run with the land and ensure affordability to verylow to low income households once the City’s Inclusionary Housing Ordinance is amended.
NOW THEREFORE, the City Council of the City of Del Mar does hereby ordain as follows:
SECTION ONE
That a new Chapter of the Municipal Code be added as follows:
Chapter 30.93 – Regulations for Development of Two Unit Residential Development on Single Residential Zoned lots or Urban Lot Splits for Single Residential Zoned Lots
30.93.010 - Purpose and Intent.
The purpose of this Chapter is to implement California Government Code Sections 65852.21 and CA. Gov. Code Section 2. 66411.7.(commonly referred to as: SB 9) and to establish objective design standards for the development of residential structures on single residential zoned lots conforming to State law. Should State law change, the City reserves the right to make further modifications to these standards to bring this Chapter in conformity with new State requirements.
The intent of this Chapter is to comply with the requirements of State housing laws, while retaining the character of the City’s single-dwelling neighborhoods. Equal to meeting these housing law obligations is ensuring that no unavoidable adverse impacts occur to the public health, safety, or general welfare of its residents or to the City’s sensitive coastal resources.
This Chapter prescribes objective standards for the approval of such units and Urban Lot Splits and the circumstances in which a development may be prohibited. For example, the proposed development may be denied because it may conflict with the California Coastal Act of 1976 or where the proposed development is located within a Severe Wildfire Hazard Area or Flood Zone. Finally, should this Chapter conflict with State law then State law will have precedence over the regulations contained in this Chapter. 7 June 19, 2023 Item 04
Ordinance No. XXX
30.93.020 - Definitions.
Senate Bill 9 (SB 9) means a state law passed by the California State Senate and approved by the Governor on September 16, 2021. The legislation amends Government Code Section 66452.6 and adds Government Code Sections 65852.21 and 66411.7.
Senate Bill 9 (SB 9) Development Project means a project proposing the development of Two Primary Dwelling Units and/or an Urban Lot Split pursuant to SB 9.
Two Unit Residential Development means a proposed SB 9 housing development that includes no more than two residential units developed on one lot that is currently zoned as single residential. And where two primary dwelling units are each designed with separate and fully functioning: Living, sleeping, eating, cooking, and as amenities and connected to sanitation and other utilities. The residential units must be independent living structures used by one or more persons, and where neither unit requires the use of the other unit’s living amenities or utilities.
Urban Lot Split means a parcel map subdivision that creates no more than two new parcels of approximately equal lot area, but in no case smaller than 40 percent of the other subject lot, and where both lots meet the requirements of this Chapter and Chapter
24.66. Both newly created parcels are to be no smaller than 1,200 square feet.
Unit means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22.
Acting in Concert with the Owner means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.
30.93.030 - Applicability.
A. This Chapter applies to proposed development on properties located within a single dwelling unit zone (R1-40, R1-14, R1-10, R1-10B, R1-5, R1-5B), except as prohibited per Section (B).
B. To ensure that no adverse unavoidable impacts occur to public health and safety, coastal resources, or impede public access to coastal resources, proposed development in locations listed below shall not be eligible to utilize or benefit from this Chapter. Where such circumstances apply all existing discretionary review processing requirements, zoning requirements, and maximum density per the General Plan and certified Local Coastal Program shall apply where the:
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Ordinance No. XXX
1. Proposed development is located on a lot that is either prime farmland or farmland of statewide importance, as defined pursuant to United States of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
2. Proposed development on lots containing wetlands or their buffers, as defined by the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993 or as revised), or other environmentally sensitive habitats as defined by Section 30.75.030, including those lands that have been conserved by dedication in fee title, easement covenants, or other forms of conservation easements.
3. Proposed development that is located on a lot having habitat for protected species identified as either a candidate, sensitive, or species of special status by state or federal agencies, or otherwise fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C Sec 1531 et seq. or as amended), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plan Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), which includes but is not limited to proposed development located on any one of the following Overlay zones:
a. Coastal Bluff Overlay Zone
b. Bluff, Slope, and Canyon Overlay Zone
c. Lagoon Overlay Zone
d. Open Space Overlay Zone
f. Historic Preservation Overlay
4. Proposed development on a lot that falls entirely or partially within a mapped Special Flood Hazard Area identified on the 2019 FEMA Flood Insurance Rate Map or as revised (“FIRM”).
5. Consistent with existing codes, proposed development on a lot that falls entirely or partially within a mapped Very High Fire Hazard Severity Zone and does not have at least two emergency evacuation routes, an evacuation map specific to the parcel, or that cannot otherwise be mitigated to avoid loss of human life.
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Ordinance No. XXX
6. Proposed development on a lot within a delineated earthquake fault zone as determined by the State Geologist in adopted maps published by the California State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
7. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
8. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Government Code Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
9. Proposed development that would require demolition of an existing dwelling unit that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or a dwelling unit that has been occupied by a tenant in the last three years. An applicant must demonstrate whether an existing house on a property implementing an Urban Lot Split or altered to accommodate two dwelling units was owner occupied or rented by a tenant to the Director’s satisfaction, including but not limited to the execution of an affidavit that is subject to the laws of perjury.
10. Proposed development that requires the demolition of more than 25 percent of the existing exterior structural walls of a dwelling unit unless the existing unit has not been occupied by a tenant in the last three years from the date of application submittal. Dwelling units not occupied by a tenant in the last three years from the date of application submittal shall be limited to a maximum 50 percent demolition of existing exterior structural walls.
11. Projects proposing an Urban Lot Split shall not be eligible to construct Accessory Dwelling Units or Junior Accessory Dwelling Units consistent with Government Code Section 65852.21 and Section 65852.2. Each resulting lot shall not contain more than two dwelling units. For Urban Lot 10 June 19, 2023 Item 04
Ordinance No. XXX
Splits with an existing Accessory Dwelling Unit or a Junior Accessory Dwelling Unit onsite, those units shall be considered dwelling units for the purposes of this Chapter.
12. On sites that have been established through prior entitlement of an Urban Lot Split; or when the owner of a parcel being subdivided and any person acting in concert with the owner, has previously subdivided an adjacent parcel using an Urban Lot Split as provided for in this Chapter.
13. Proposed development located within the North Beach District as identified in the Community Plan that due to flood hazards, limited public access to coastal resources, and impediments to public recreation.
30.93.040 - Permit Review Required to Utilize the Provisions of this Chapter.
A. An applicant seeking to utilize the provisions of this Chapter may propose development in accordance with the primary dwelling unit regulations in Section
30.93.050, Section 30.93.060, Chapter 23.07, and Chapter 24.66.
B. Any application pursuant to this Chapter may be denied by the City upon the making of written findings establishing by a preponderance of the evidence that the proposed development would have a specific, adverse impact upon public health and safety, coastal resources, or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:
1. Inconsistency with the zoning ordinance or general plan land use designation.
2. The eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.
30.93.050 - Development of Two Unit Residential Development in Accordance with this Chapter.
A lot in a single dwelling unit zone that meets the criteria in Section 30.93.030 shall be permitted to develop up to two primary dwelling units per lot by submitting an application for an Administrative Coastal Development Permit. The issuance of an Administrative Coastal Permit will not require any public hearings. The application shall be consistent with Section 30.75.080(E) and meet the following requirements:
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Ordinance No. XXX
A. The development regulations of the base zone in which the lot is located shall apply, except as otherwise specified in this Section:
1. The maximum permitted density shall be two dwelling units per lot. Units developed subject to this Section shall not be separately conveyed.
2. The dwelling units may be attached to or detached from one another, provided that the structure(s) meet building code safety standards.
3. Individual dwelling units developed in accordance with this Chapter shall not exceed a range of 800-1,000 square feet, as further defined in Section
30.93.050(A)(6)(b) of this Chapter.
4. Dwelling units developed in accordance with this Chapter shall be one-story and shall not exceed 16 feet in height, as measured pursuant to DMMC Section 30.04.080 (a), Excluded features are any new roof decks or balconies located upon a new structure.
5. Basements, as defined by DMMC Section 30.04.020 (c), are not permitted.
6. Setbacks:
a. An existing accessory building structure may be converted to a dwelling unit regardless of its existing location with respect to the property line. A new dwelling unit that is constructed in the same location and to the same dimensions as an existing accessory building structure may continue to observe the same setbacks as the structure it replaced.
b. New primary dwelling unit structures that comply with the setbacks of the base zone and the minimum six-foot building separation per DMMC Section 30.86.200 (I). shall be allowed 801-1,000 square feet of building area. A primary dwelling unit with a maximum gross floor area of 800 square feet shall not be permitted closer than four feet from interior side and rear property lines.
c. New dwelling unit structures must comply with the front and street side yard setbacks of the base zoning designation.
7. Dwelling units, including exterior building features and accessory structures must comply with the Objective Design Standards pursuant to Chapter
23.07. Dwelling units, exterior building features and accessory structures that are not consistent with Chapter 23.07 and are not otherwise required by the California Building Code for a dwelling unit shall be subject to the objective requirements of Design Review in accordance with Chapter 23.08. 12 June 19, 2023 Item 04
Ordinance No. XXX
8. Parking:
a. One parking space is required for each unit created pursuant to this Chapter, unless the parcel upon which the unit is within one-half mile walking distance of a high-quality transit-corridor, as defined in Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3, or there is a car share vehicle located within one block of the project. The required parking spaces may be enclosed or unenclosed.
b. In order to ensure continued and to ensure that all coastal access remains unimpeded to all members of the public, if a two-unit residential development replaces an existing garage or other required parking, replacement parking spaces shall be provided onsite in accordance with the requirements of DMMC Chapter 30.80 and the California Coastal Act. The new parking space(s) may be covered or uncovered.
c. Unenclosed or enclosed parking spaces shall not be located within required setback areas and shall be located on an improved surface such as but not limited to paving, hardscape, or decomposed granite.
If an applicant cannot comply with this requirement due to physical site constraints, the applicant shall provide all necessary information required by the City to reasonably demonstrate that it is infeasible to provide the required parking outside of the required setback area. d. The design of parking spaces shall comply with DMMC Section
30.80.060.
B. Accessory dwelling units consistent with Government Code Section 65852.21 and Section 65852.2 proposed in conjunction with dwelling units subject to this Section and are not subdivided through an Urban Lot Split shall be detached from primary dwelling units and shall maintain a minimum six feet separation from other structures onsite. Junior Accessory Dwelling Units shall be contained within the existing or proposed floor area of a primary dwelling unit.
C. Prior to the issuance of a building permit for a Two Unit Residential Development, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include the following text:
1. A lot that utilizes the provisions of this Section shall be limited to residential uses only.
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Ordinance No. XXX
2. Rental of units shall be for a term more than thirty (30) consecutive days.
Rentals of 30 days or less are prohibited. Rental terms shall not allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant or related tenant.
3. Upon the occurrence of inclusion of these requirements into and consistent with DMMC Title 24, at least one of the primary dwelling units in a Two Unit Residential Development subject to this Chapter shall be rented or sold to very low or lower income households, as defined by Sections 50105(a) or 50079.5 of the CA Health and Safety Code. In a form approved by the City, any transfers of land inclusive of the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with this Chapter and shall remain in place for not less than 55 years.
30.93.060 - Regulations for Urban Lot Splits Located in Zones for Single Dwelling Lots.
A. A parcel located in single dwelling unit zone(s) that meet the applicability criteria set forth in Section 30.93.020, shall be permitted to subdivide an existing lot into no more than two separately conveyable lots, herein referred to as an “Urban Lot Split,” by the owner submitting an application for an Administrative Coastal Development Permit in accordance with Section 30.75.080(E) and a Parcel Map in accordance with Chapter 24.66, without the requirement of a public hearing.
Only legally established lots subdivided through an Urban Lot Split are allowed to be separately conveyed. Individual dwelling units located within a SB 9 lot spilt shall not be conveyed or sold separately.
B. The proposed Urban Lot Split shall comply with the requirements in Chapter 30.75 applicable to processing of an Administrative Coastal Development Permit.
C. The Director of Planning and Community Development shall approve, conditionally approve, or deny an Urban Lot Split within 50 days after the tentative map has been deemed complete.
D. Urban Lot Splits shall be limited to a maximum of two dwelling units per each lot.
Lots subdivided under an Urban Lot Split are not eligible for Accessory Dwelling Units or Junior Accessory Dwelling Units. For Urban Lot Splits that contain existing Accessory Dwelling Units or Junior Accessory Dwelling Units onsite, those units shall be considered a dwelling unit for the purposes of this Chapter.
E. New construction for Two Unit Residential Development on lots created under an Urban Lot Split shall comply with the objective development standards contained within the underlying zoning designation, Section 30.93.50, and Chapter 23.07. 14 June 19, 2023 Item 04
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F. A lot that utilizes the provisions of this Section shall be limited to residential uses only. The dwelling units shall not be rented for less than 30 days. Rental terms shall not allow termination of the tenancy prior to the expiration of at least one 31- day period occupancy by the same tenant or related tenant.
G. Prior to the recordation of the parcel map for an Urban Lot Split, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include the following text:
1. The record owner shall reside in one of the dwelling units on either of the lots created by the Urban Lot Split as their primary residence for a minimum of three years from the date of approval of the Urban Lot Split. This requirement shall not apply to an applicant that is a “community land trust,” as defined in California Revenue and Taxation Code Section 402.1(a)(11)(C)(ii) or is a “qualified nonprofit corporation” as described in California Revenue and Taxation Code Section 214.15.
2. Rental of units shall be of a term of more than 30 consecutive days or less are prohibited. Rental terms shall not allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant or related tenant.
3. A maximum of two dwelling units shall be permitted on each lot, either as two primary units, or a primary unit and an Accessory Dwelling Unit, or a primary unit and a Junior Accessory Dwelling Unit; however, at no time shall an entitled Urban Lot Split exercise all provisions in Government Code Sections 65852.21, 66411.7, and 65852.2.
4. Any subsequent Urban Lot Split of land that was previously subdivided by an Urban Lot Split shall be prohibited.
5. Upon the occurrence of inclusion of these requirements into and consistent with DMMC Title 24, at least one of the approved units on each subdivided lot shall be subject to this Chapter and shall be rented or sold to very low or lower income households, as defined by Sections 50105(a) or 50079.5 of the CA Health and Safety Code. In a form approved by the City, any transfers of subdivided land and inclusive of any affordable unit shall be subject to a deed restriction ensuring continued affordability of the units consistent with this Chapter and shall remain in place for not less than 55 years.
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30.93.070 – Severability.
Should a court of competent jurisdiction determine that these regulations are void or if certain terms or provision are voided, then those regulations shall either become void in their entirety or where the courts have determined that certain terms or provision are void by operation of the law then those terms and provisions shall have no force or effect.
SECTION TWO
That a new Chapter of the Municipal Code be added as follows:
Chapter 24.66 – Urban Lot Split.
24.66.010 - Urban Lot Split Requirements.
Every applicant proposing an Urban Lot Split (in accordance with Government Code Sections 66452.6, 65852.21, and 66411.7) shall submit a tentative parcel map that complies with the procedures and requirements contained in this Chapter, Chapter 30.93, and the submittal of an application for an Administrative Coastal Development Permit in accordance with Chapter 30.75.
24.66.020 - Preparation of Urban Lot Split Map.
An Urban Lot Split application shall be prepared by or under the direction of a registered civil engineer or licensed surveyor, and shall show the location of streets, easements, and property lines bounding the subject property and shall conform to the following provisions:
A. The provisions of Section 66445 of the Subdivision Map Act.
B. Contain a definite description of the land subdivided by references to recorded deeds, deed restrictions, recorded maps and official United States surveys.
Reference to tracts, recorded deeds and recorded maps shall be clearly defined, worded consistently with officially recorded records, and show the book and page of records and related map numbers.
C. Show the basis of bearings used, the relationship of said bearings to the true meridian, and the north arrow of said map shall appear on each street thereof.
D. Show a solid line separating private ways, easements and other rights-of-way not to be accepted as public streets and shown on said map from public streets, and clearly designate their nature and the manner in which the right is reserved or granted.
E. Each tentative map shall depict all contiguous property owned by the subdivider and shall contain the following information:
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1. Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider.
2. Name and address of registered civil engineer or licensed surveyor, who prepared the map.
3. North arrow.
4. Scale.
5. Date of preparation.
6. The location, width and proposed names of all streets within the boundaries of the proposed subdivision and approximate grades thereof and point of access from each lot.
7. Locations and width of alleys.
8. Names, location and width of adjacent streets.
9. Lot lines and approximate dimensions and numbers of each lot.
10.Approximate location and width of watercourses of areas subject to inundation from floods, and location of structures, irrigation ditches and other permanent features.
11.Approximate contours at two-foot intervals.
12.Approximate location of existing buildings and permanent structures.
13.Location of all major vegetation showing size and type.
14.Legal description of the exterior boundaries of the subdivisions.
15.Width and location of all existing and proposed public or private easement, for example utilities and bicycle paths.
16.Classification of lots as to be intended residential, commercial, industrial or otherwise.
17.Location of railroads and rights-of-way.
18.Approximate radii of curves.
19.Any proposed phasing by units.
20.Number of units to be constructed when a condominium or community apartment project is involved.
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21.At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."
22.Locations of existing structures within the subdivision and structures outside the subdivision but within 25 feet of the subdivision boundaries.
F. Shown either on the proposed tentative map or an accompanying document shall be the information regarding the following matters:
1. Source of water supply.
2. Type of street improvement and utilities which the subdivider proposes to install.
3. Proposed method sewage disposal, including location of facilities.
4. Proposed storm water sewer or other means of drainage, including the location of such facilities.
5. Protective covenants to be recorded.
6. Proposed tree plantings.
7. Landscaping and irrigation conceptual plans.
24.66.30 - Application.
A. A subdivider applying for an Urban Lot Split shall file a completed application with the Planning Division, together with copies of a tentative parcel map. An applicant for an Urban Lot Split shall sign and submit with the application an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the Urban Lot Split; or if new development is proposed for a Two Unit Residential Development, from the date when the Planning and Community Development Department issues its final occupancy permit.
B. The Planning and Community Development Department and City Engineer shall not accept an application or map for processing unless the Department finds that the Urban Lot Split is consistent with the applicable zoning provisions, State law, and that all approvals and permits required by the City zoning provisions for the project have been approved.
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C. The Planning and Community Development Department shall not accept an application or map for an Urban Lot Split unless it is submitted together with an Administrative Coastal Development Permit in accordance with Chapter 30.75.
D. Notwithstanding the provision of subsection B of this section, an Urban Lot Split may be processed concurrently with documents, permits, or approvals required by the zoning provisions, if the applicant first waives the time limits for processing, approving, or conditionally approving or disapproving an Urban Lot Split provided by this chapter or the Subdivision Map Act.
24.66.40 - Information to be filed with Urban Lot Split Map.
Such information as may be prescribed by the rules and regulations approved by the City Council and such additional information as the City Engineer may find reasonably necessary with respect to any particular case to implementing provisions of this Chapter and shall accompany the Urban Lot Split at the time of submission, including a certificate of an engineer or land surveyor in accordance with Section 66449 of the Subdivision Map Act.
24.66.050 - Requirements for Urban Lot Split Map.
A. The Urban Lot Split shall comply with all applicable objective requirements of the Subdivision Map Act, except as provided by Government Code Section 66411.7; and the following shall be required as determined by the City Engineer:
1. Easements for the provision of public services and facilities.
2. Both lots shall provide primary vehicular access to and from a public street.
3. Panhandle lots or easements to access the proposed lot shall be a maximum of 20 feet.
B. Offsite improvements fees, directly related to an Urban Lot Split, may be imposed to make the subdivision function properly and ensure its feasibility, such as but not limited to requiring the construction of: Driveways, curbs, gutters, or sidewalk improvements as reasonably determined by the City Engineer.
C. Urban Lot Splits shall be limited to a maximum of two dwelling units on each lot.
Lots subdivided under an Urban Lot Split are not eligible for additional Accessory Dwelling Units or Junior Accessory Dwelling Units if the lot contains existing Accessory Dwelling Units or Junior Accessory Dwellings. Those existing accessory dwelling units shall be considered dwelling units for the purposes of this Chapter. 19 June 19, 2023 Item 04
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D. Development of dwelling units proposed on lots created by an Urban Lot Split shall comply with all applicable objective standards contained within the underlying zoning designation, objective subdivision standards, and Objective Design Standards in Chapter 23.07. However, applicable objective standards may be reduced if the standards would have the effect of physically precluding the construction of two, 800-square-foot, dwelling units on each resulting parcel created pursuant to this chapter. In no case shall such accommodation conflict with the minimum lot requirements per the Subdivision Map Act.
E. Urban Lot Splits shall comply with Chapter 24.21 – Dedication: Affordable Housing Mitigation.
F. The minimum lot area and minimum lot dimension regulations of the base zone shall be waived and replaced with the following regulations:
1. The two parcels created shall be approximately equal in size, provided that one lot shall not be any smaller than 40 percent of the lot area of the original lot.
2. The two lots shall be no smaller than 1,200 square feet in lot area for each lot.
3. New unit sizes shall not be greater than 800 square feet. Maps shall show the footprints of existing and proposed structures.
G. Dwelling units constructed on a lot subdivided by an Urban Lot Split shall be subject to and comply with the objective development standards specified in the underlying zoning designation, Chapter 30.93, and Chapter 23.07.
H. A lot may not utilize the Urban Lot Split provisions of this Chapter and Chapter
30.93 if any of the following apply:
1. The lot was established through a prior Urban Lot Split in accordance with this Section.
2. The record owner or any person acting in concert with the record owner has previously subdivided an adjacent lot using an Urban Lot Split in accordance with this Section.
I. Prior to the recordation of the parcel map for an Urban Lot Split, the owner shall record a deed restriction with the County Recorder and file the recorded deed 20 June 19, 2023 Item 04
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restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include the following text:
1. The record owner shall reside in one of the dwelling units on either of the lots created by the Urban Lot Split as their primary residence for a minimum of three years from the date of approval of the Urban Lot Split. This requirement shall not apply to an applicant that is a “community land trust,” as defined in California Revenue and Taxation Code Section 402.1(a)(11)(C)(ii) or is a “qualified nonprofit corporation” as described in California Revenue and Taxation Code Section 214.15.
2. Rental of units shall be of a term of more than 30 consecutive days or less are prohibited. Rental terms shall not allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant or related tenant.
3. A maximum of two dwelling units shall be permitted on each lot, either as two primary units, or a primary unit and an Accessory Dwelling Unit, or a primary unit and a Junior Accessory Dwelling Unit; however, at no time shall an entitled Urban Lot Split exercise all provisions in Government Code Sections 65852.21, 66411.7, and 65852.2.
4. Any subsequent Urban Lot Split of land that was previously subdivided by an Urban Lot Split shall be prohibited.
J. This Chapter applies to proposed Urban Lot Split subdivisions on properties located within a single dwelling unit zone (R1-40, R1-14, R1-10, R1-10B, R1-5, R1-5B), except as prohibited per Section (I).
K. To ensure that no adverse unavoidable impacts occur to public health and safety, coastal resources or impede public access to coastal resources, proposed development in locations listed below shall not be eligible to utilize or benefit from this Chapter. Where such circumstances apply all existing discretionary review processing requirements, zoning requirements, and maximum density per the General Plan and certified Local Coastal Program shall apply where the:
1. Proposed development is located on a lot that is either prime farmland or farmland of statewide importance, as defined pursuant to United States of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or 21 June 19, 2023 Item 04
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designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
2. Proposed development on lots containing wetlands or their buffers, as defined by the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993 or as revised), or other environmentally sensitive habitats as defined by Section 30.75.030, including those lands that have been conserved by dedication in fee title, easement covenants, or other forms of conservation easements.
3. Proposed development that is located on a lot having habitat for protected species identified as either a candidate, sensitive, or species of special status by state or federal agencies, or otherwise fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C Sec 1531 et seq. or as amended), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plan Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), which includes but is not limited to proposed development located on any one of the following Overlay zones:
a. Coastal Bluff Overlay Zone
b. Bluff, Slope, and Canyon Overlay Zone
c. Lagoon Overlay Zone
d. Open Space Overlay Zone
f. Historic Preservation Overlay
4. Proposed development on a lot that falls entirely or partially within a mapped Special Flood Hazard Area identified on the 2019 FEMA Flood Insurance Rate Map or as revised (“FIRM”).
5. Consistent with City codes, proposed development on a lot that falls entirely or partially within a mapped Very High Fire Hazard Severity Zone and does not have at least two emergency evacuation routes, an evacuation map specific to the parcel, or that cannot otherwise be mitigated to avoid loss of human life.
6. Proposed development on a lot within a delineated earthquake fault zone as determined by the State Geologist in adopted maps published by the California State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards 22 June 19, 2023 Item 04
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Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
7. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
8. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Government Code Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
9. Proposed development that would require demolition of an existing dwelling unit that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or a dwelling unit that has been occupied by a tenant in the last three years. An applicant must demonstrate whether an existing house on a property implementing an Urban Lot Split or altered to accommodate two dwelling units was owner occupied or rented by a tenant to the Director’s satisfaction, including but not limited to the execution of an affidavit that is subject to the laws of perjury.
10. Proposed development that requires the demolition of more than 25 percent of the existing exterior structural walls of a dwelling unit unless the existing unit has not been occupied by a tenant in the last three years from the date of application submittal.
11. Projects proposing an Urban Lot Split on a lot that contains an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, unless the applicant converts one existing ADU or JADU per lot to a primary dwelling unit and removes all other ADUs or JrADUs in compliance with this Chapter. When proposing an Urban Lot Split, an applicant must choose whether to use the provisions of this Chapter or the provisions of the ADU and JADU regulations consistent with Government Code Section 65852.21 and Section 65852.2 but shall not use both. In either case, each resulting lot shall not contain more than two units and each proposed primary unit must be no more than 800 square feet in floor area.
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12. On sites that have been established through prior entitlement of an Urban Lot Split; or when the owner of a parcel being subdivided and any person acting in concert with the owner, has previously subdivided an adjacent parcel using an Urban Lot Split as provided for in this Chapter.
13. Proposed development located within the North Beach District as identified in the Community Plan that due to flood hazards, limited public access to coastal resources, and impediments to public recreation.
24.66.060 - Grading Plan.
There shall be filed with an Urban Lot Split a grading plan showing any grading proposed for the creation of building sites within the subdivision or for construction of improvements to serve the subdivision. The grading plan together with the original topographical contours must be shown on the tentative map for an Urban Lot Split. This plan shall indicate approximate earthwork volumes of proposed excavation and filing operations. In the event no such grading is proposed, a statement to that effect shall be filed with the tentative map.
24.66.070 - Preliminary Title Report.
There shall be filed with the tentative map a current preliminary title report for the property being subdivided.
24.66.080 - Planning and Community Development Director – Duties.
The Planning and Community Development Director is authorized and directed to carry out the following duties concerning applications for Urban Lot Split under this chapter which include the following:
A. Obtain the recommendations of other City departments, or other governmental agencies as may be deemed appropriate or reasonably necessary by the City Engineer in order to carry out the provision of this chapter; and B. Consider all recommendations and the results of all investigations and ministerially approve or disapprove the application.
24.66.090 - Consideration of Urban Lot Split Map – Notice of Decision.
Within 50 calendar days after a complete application for an Urban Lot Split Map is filed, the Director of Planning and Community Development shall ministerially approve or disapprove such map. The time limit specified in this section may be extended by mutual consent of the applicant and the city. If the Urban Lot Split is disapproved, the reasons therefore shall be stated in the notice of disapproval. 24 June 19, 2023 Item 04
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24.66.100 - Revised Urban Lot Split.
A. Where an applicant proposes to revise or alter a submitted proposed Urban Lot Split application for which a tentative map has been previously approved by the Director of Planning and Community Development, the applicant may file with the Planning Department a revised Urban Lot Split application including the payment of established fees.
B. A revised tentative map for an Urban Lot split shall conform to the following requirements:
1. The proposed subdivision shown on such map shall generally conform to the street and lot pattern shown on the approved tentative map.
2. The proposed subdivision shown on such map shall include only one contiguous area consisting of all or a portion of the subdivision shown on the approved tentative map together with such additional land, if any, as the subdivider desires to include.
3. The revised tentative map shall contain all of the information required on previously approved tentative map and shall be accompanied by such data as is required to be filed with the proposed new tentative map.
4. A revised tentative map shall be filed with the City within 24-months from the final approval of the previous tentative map. Extension of time must be requested by the applicant to the Director of Planning and Community Development prior to the expiration of the 24-month map revision timeframe. Extensions of time are at the sole discretion of the Director of Planning and Community Development.
5. Upon the filing of a revised tentative map and payment of the prescribed fees, such revised tentative map shall be treated in all respects as an original tentative map and shall be reported on, approved, conditionally approved, or disapproved, in the same manner as the previously approved tentative map, provided, however, that the applicant shall have 12 months from the approval or conditional approval of the original tentative map within which to obtain final map approval, unless such period is extended pursuant to this Chapter, in which case, the applicant shall obtain final map approval within the period of any such extension.
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24.66.110 - Disapproval of Urban Lot Split.
The Director of Planning and Community Development shall not approve an Urban Lot Split under the following circumstances:
A. Based on a preponderance of the evidence that the proposed subdivision would have a specific, adverse impact upon public health and safety, coastal resources, or the physical environment (including but not limited to sensitive coastal resources and public access) and where there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
B. The land proposed for subdivision is a lot or parcel which was part of an Urban Lot Split that the City previously approved.
C. The subdivision proposes creation of more than two lots or more than two units per lot.
D. If the Urban Lot Split does not meet the requirements of this Chapter or that all approvals or permits required by this Chapter for the project have not been issued.
E. Failure to comply with applicable, objective requirements of the Subdivision Map Act and this Chapter.
24.66.120 - Expiration/Extension of Urban Lot Split.
The expiration of the Urban Lot Split shall be in accordance with Government Code Section 66452.6 or as revised and the following:
A. A tentative map shall expire 24 months after its approval or conditional approval.
B. Upon application received by the Planning Department at least 60 days prior to the expiration of the tentative map, the Director of Planning and Community Development, at their sole discretion, may extend the time of expiration for a period or periods not to exceed six years.
24.66.130 – Transmittal of Urban Lot Split to County Recorder.
Upon the approval of an Urban Lot Split by the Director of Planning and Community Development, the applicant or its agent shall transmit the map to the San Diego County Recorder’s Office and ensure the timely recording of the Tentative Map. An Urban Lot Split subject to Section 66493 of the Subdivision Map Act shall be processed in compliance with Government Code Section 66464(b).
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24.66.140 – Severability.
Should a court of competent jurisdiction determine that these regulations are void or if certain terms or provision are voided, then those regulations shall either become void in their entirety or where the courts have determined that certain terms or provision are void by operation of the law then those terms and provisions shall have no force or effect.
SECTION THREE
That a new Chapter of the Municipal Code be added as follows:
23.07 - Objective Design Standards for Residential Development
23.07.010 – Purpose
A. In response to a declared housing crisis, the State of California established various mandates in State Housing law that require streamlining of permit applications through an administrative process at the city level, including limitations that require objective design standards for certain types of housing development.
B. The purpose of this Chapter is to set forth the City’s objective design standards where the City is precluded by State law from applying discretionary design review and other permit approval processes identified in Chapter 23.08.
C. The intent of this Chapter is to facilitate the permitting process for proposed housing development consistent with State law and to implement the City’s Community Plan (General Plan) in a manner that harmonizes adopted local policies with State law.
23.07.020 – Applicability and Process for Approval
A. All residential development referred to in this Chapter shall be processed in accordance with a ministerial permit approval process and reviewed without discretionary review or public hearings.
B. Chapter 23.07 shall apply to proposed multiple dwelling unit housing development within the Housing Element Implementation Overlay Zone (Chapter 30.92) and any proposed residential development where the City is precluded by State law from applying discretionary design review and permit approval processes that are identified in Chapter 23.08.
C. Chapter 23.07 shall also apply to residential development in single dwelling unit zones that are subject to California Government Code Sections 65852.21 and 66411.7, referred to in this Chapter as “Two Unit Residential Development.” As part of the ministerial review, any Two Unit Residential Development shall comply 27 June 19, 2023 Item 04
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with the following Objective Design Standards listed in Table A below. For any standard not explicitly identified below, all applicable objective standards of the underlying zoning designation and other objective standards contained in Chapter
30.93 shall apply. Where there are conflicting requirements between the Objective Design Standards below and other requirements within the Del Mar Municipal Code (DMMC), the stricter objective standard shall apply.
D. Chapter 23.07 shall not apply to proposed Accessory Dwelling Units, which are subject to review and processing in accordance with Chapter 30.91.
23.07.030 – Objective Design Standards for Two Unit Residential Development A. If it is not feasible to comply with all applicable Objective Design Standards listed in Table “A” below when constructing up to two, 800-square-foot dwelling units on a property, the applicant shall provide all necessary information requested by the City to reasonably demonstrate that it is infeasible to construct two, 800-squarefoot dwelling units if compelled to comply with the City’s Objective Design Standards. Upon review of the applicant’s completed feasibility study, the Director of Planning and Community Development shall determine which of, if any, Objective Design Standards will apply or what standards may be waived to allow for up to two dwelling units that are no more than 800 square feet. The City will also evaluate the application compliance with the California Coastal Act of 1976 and determine if other feasible siting locations reduce impacts environmentally sensitive coastal areas. Additionally, the project may be denied if it will endanger public health or safety or create an unmitigable adverse impacts to the physical environment. At which time the City will produce written findings to the applicant based on the preponderance of evidence that the project with have unavoidable impacts to the public’s health and safety, coastal resources, or the physical environment.
B. An exterior wall heater and/or air conditioning unit is permitted for a dwelling unit proposed under this Section. Any additional mechanical equipment or exterior building features that are not otherwise required by this Section, Chapter 30.93, or the California Building Code shall be subject to Administrative Design Review in accordance with Section 23.08.035.
C. To remove, destroy, or move a Protected Tree as defined in Section 23.50.020 to accommodate the construction for a Two Unit Residential Development project shall be subject to the requirements contained in Chapter 23.50. 28 June 19, 2023 Item 04
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TABLE A
SB 9 – OBJECTIVE STANDARDS FOR RESIDENTIAL DEVELOPMENT
A. Window
Placement
1. Windows shall be located so that sight lines maximize privacy and avoid direct views into neighboring homes. The following shall be employed:
a) Sizing and placing of windows shall be offset or stagger the window placement from neighboring windows.
b) When staggering or offset of windows cannot be achieved, obscured or opaque window glass, clerestory windows, or windows with higher sills shall be used.
B. Neighborhood
Compatibility &
Setbacks
1. Front setbacks of new homes shall relate to those on adjacent parcels. In cases where setbacks along a street front are uniform, new development shall match those setbacks unless this standard would preclude the construction of a unit size of less than 800 square feet, and in this case, shall conform to the required minimum front and side setback.
2. When adjacent lots have nonconforming front yard setbacks, the new development shall conform to the required minimum front yard setback.
3. When front yard setbacks are varied in the neighborhood, new homes shall be made to locate the new home with an average setback of the two existing adjacent homes, unless this standard would preclude the construction of a unit size of less than 800 square feet, and in such case, shall conform to the required minimum front setback. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
4. Outdoor speakers, televisions or other permanent electronic entertainment features with a mechanically or electronic generated noise are prohibited.
5. Exterior HVAC or other mechanical equipment shall be fully screened from view from a public right-of-way or adjacent property and located in a manner that would achieve compliance with the maximum allowed decibel levels of Chapter 9.20 – Noise Regulations.
6. HVAC units and other mechanical equipment shall be groundmounted only. HVAC units and associated screening equipment shall be a minimum of four feet from a side or rear property line. Encroachment 29 June 19, 2023 Item 04
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of a HVAC or mechanical equipment within a front yard or street side yard setback area is prohibited.
7. Rooftop decks and balconies are prohibited.
8. Attached fireplaces and chimneys shall not project into any required yard setback area. A chimney shall be limited to the minimum height necessary to comply with the California Building Code.
9. No part of the dwelling unit, including eaves, cantilevered portions of a dwelling unit, or overhangs shall encroach into a four-foot side and rear setback.
10. On a site already developed with an existing unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and railings.
11. When two new units are proposed, the units shall be constructed using the same architectural style, exterior building materials, colors and finishes.
12. The project shall comply with the Floor Area Ratio (FAR) and Lot Coverage of the underlying Zone if it is feasible to do so and comply with the rights provided by SB 9.
13. No patio shall be permitted as a feature within a required front yard, street-side yard, or required yard that is four feet or less from the property line.
14. A new unit shall not be located in an area designated as a public scenic view in the certified Local Coastal Program.
C. Public Safety
and
Environmental
ProtectionHillside
Development &
Grading
1. To protect coastal resources and reduce wildfire impacts, homes shall not be located at the crest, ridgeline, or the top of a hill. Homes shall not project above the peak of the ridgeline.
2. To protect public health and safety, when feasible, utilize a 20-foot setback from the top of slope and a 10-foot setback from the bottom of a substantially steep slope, which are slopes that exceed 25 percent grade (see DMMC Chapter 30.52) for the design and placement of homes to maintain the natural topography and minimize grading.
3. Excavation or grading onto a 4:1 slope shall be prohibited. 30 June 19, 2023 Item 04
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4. Grading shall be limited to the area required for the structure. Any grading outside of the structure shall be subject to the requirements and procedures contained within Chapter 23.33 – Land Conservation Permit.
D. Retaining Walls
and Fencing
1. All objective standards for fences contained within Section 30.86.090 – Fences/Retaining Walls apply.
2. Retaining walls outside of the building footprint shall be at least four feet from a building wall and shall be fully landscaped and/or provide for a walkway adjacent to the home.
3. The distance between two terraced retaining walls shall be, at the minimum, the average of the height of the two walls. Retaining walls shall not exceed four feet in height. The horizontal area between two retaining walls shall be vegetated.
4. Retaining walls, block walls, and planters shall be designed with stone, native, or natural appearing materials such as, but not limited to, split face or stone veneer and shall not be unfinished concrete masonry units (CMU) block.
5. Fences and walls shall follow the natural site topography.
6. Retaining walls shall be earth tone colors that match the surrounding natural hues of the hillsides. Use of colors that contrast with the surrounding natural terrain such as white are prohibited. Earth tone is defined as a color scheme that draws from a color palette of browns, tans, warm grays, and greens. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss, trees, and rocks.
7. Any perimeter fencing on hillside properties shall be visually open with the use of split rail, picket post, or cable.
8. Chain-link fencing is prohibited unless it can be fully screened from view with landscaping or is not visible from the public right-of-way or adjacent properties. If chain-link is proposed, it shall be vinyl coated in black or other dark color that matches the natural terrain.
E. Hardscape &
Access to Public
Right-Of-Ways
1. Access to parking areas shall have one unobstructed, permanently surfaced driveway not less than 10 feet in width. Said driveway width shall not exceed a total maximum of 20 feet along all abutting street lines.
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2. Hardscape shall not exceed 50 percent of the front yard and street side setback, including driveways and pedestrian walkways.
3. Line of sight shall be retained in accordance with Engineering standards. No wall, structure, plant material, or other object that exceeds 42 inches shall be erected or placed within a triangular area formed by measuring 10 feet from an intersecting driveway, street, or alley in a manner as to obstruct or impede vision for automobiles.
4. Existing vehicular access and curb cuts shall remain in the existing locations and may be redesigned only if this standard would preclude the construction of a unit less than 800 square feet.
5. Unenclosed, on-site parking shall be located outside of a required side, street side yard and front yard setback.
6. Circular driveways are prohibited.
F. Water
Resource
ProtectionLandscape and
Vegetation
1. New construction shall not be located within the dripline of an environmentally “Protected Tree” as defined in Chapter 23.50.
2. Trees shall not be planted in a columnar manner. New trees shall be a minimum 24-inch box size and new shrubs shall be a minimum 5-gallon size.
3. All landscaping shall be drought tolerant and California native plants.
4. All proposed landscaping shall comply with Chapter 23.60 - Water Efficiency Landscape Ordinance (WELO).
G. Architectural
Features and
Articulation
1. Four-sided (360-degree) architecture shall be incorporated on all building elevations, which include, but are not limited to, variation in massing, roof forms, wall planes, materials, and surface articulation.
Material and color changes shall occur at intersecting planes and shall not occur at the outside corners of structures.
2. Units shall have an identifiable main entry when approached from the street. Garage doors shall not be the main entry feature. Sliding, retractable, or accordion style doors shall not be used for the main entry of a home.
3. Exterior materials shall be siding, stucco, brick, stone, or other similar materials and shall be in an earth tone color. Board-formed, non-colored, 32 June 19, 2023 Item 04
Ordinance No. XXX
concrete, and stained wood with proper fire assemblies may be used for accent walls.
4. The maximum allowed enclosed or partially enclosed non-converted garage space shall be limited to 10 feet wide by 20 feet long.
5. If an attached garage is proposed, the garage shall be setback five feet from the façade of the proposed dwelling unit.
6. Garage doors shall be recessed a minimum of two inches from the face of the garage.
7. Wall and roof planes on each elevation must be varied at a minimum of every 20 feet with a projection, offset or recess of the building of at least one foot in depth.
8. Dwelling units shall be one-story and a maximum 16 feet in height.
Dwelling units shall have a maximum 10-foot plate height.
9. Sloped roof materials shall be 30-year minimum composition shingle, tile, natural slate or standing seam metal in a non-reflective color. Flat roofs shall utilize non-reflective materials and colors.
10. All vents, downspouts, flashing, and electrical conduit shall match the color of the dwelling.
11. Development that requires the demolition of an existing dwelling unit shall be limited to 50 percent demolition of the existing exterior structural walls for dwelling units not occupied by a tenant in the last three years.
H. Lighting and
Screening
1. All exterior lighting shall be fully shielded with shut off controls or sensors, timers, or motion detectors. Shielded up lighting and fixtures with an adjustable aiming angle are prohibited.
2. Exterior building lighting shall be limited to the minimum necessary for compliance with Building Code requirements.
3. All exterior lighting proposed, including fixtures and sources shall be certified Dark Sky Friendly by the Fixture Seal of Approval program of the International Dark-sky Association, or be comparable in terms of fixtures that minimize glare, reduce light trespass, and do not pollute the night sky.
33 June 19, 2023 Item 04
Ordinance No. XXX
4. Glass walls (any wall plane consisting of more that 75 percent opaque or transparent glazed surface) that are visible from neighboring homes are prohibited.
5. The lamp color or color temperature for all lighting shall be limited to a maximum 2,700 kelvin.
6. Skylights shall be tinted to prohibit the escape of light from inside the unit.
I. Screening 1. Roof penetrations such as stacks, vents, and other roof-mounted equipment shall be located away from view from the public right-of-way.
All flashing, sheet metal, vents, and pipe stacks shall be painted to match the adjacent roof or wall material.
2. Areas for trash containers shall be incorporated into the building design and located within a garage or fully screened from the public view with walls and landscaping and a lid if the top of the trash bins is not fully covered by the walls. Trash container storage shall be located at the rear or the interior side yard of a property if not located within a garage.
3. Foundations and undersides of structures shall be fully screened with compatible materials and colors of the home.
4. Mechanical equipment such as backflow preventers shall be screened from public view if located in the front or street side yard setback.
5. All ground mounted mechanical equipment shall be completely shielded to eliminate noise and screened from view by adjacent properties by use of a wall, view-obscuring fencing and/or landscaping, or enclosed within a building. Screening walls shall be designed to be architecturally consistent with the building design and materials.
SECTION FOUR
That Municipal Code Chapter 30.74 be amended as follows:
Chapter 30.75 (Coastal Development Permits)
30.75.080 – Coastal Development Permits Issued by the City—Issuing Authority, Public Hearing Required.
A. through D. [No change]
34 June 19, 2023 Item 04
Ordinance No. XXX
E. The Director of Planning and Community Development shall serve as the Issuing Authority to render a determination on applications for Coastal Development Permits for the following:
1. Projects which qualify for Administrative Design Review pursuant to the provisions of this Title.
2. Applications for Lot Line Adjustments and/or Certificates of Compliance.
3. An application for an Accessory Dwelling Unit in accordance with Subsection 30.91.030.D.5. that is not otherwise exempt from a Coastal Development Permit.
4. Development applications for by-right multiple dwelling units are to be in accordance with the Housing Element Implementation Overlay Zone pursuant to Chapter 30.92.
5. An application for an Urban Lot Split or construction of a Two Unit Residential Development in a single dwelling unit zone in accordance with Chapter 30.93 and Chapter 24.66.
F. [No change]
SECTION FIVE
That Municipal Code Chapter 30.10 be amended as follows:
Chapter 30.10 (Very Low Density Residential (R1-40))
30.10.030 – Allowable Uses.
The allowable uses in the R1-40 Zone are:
A. A single dwelling unit on each building site; and
B. An Accessory Dwelling Unit that meets the requirements in Section 30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section
30.91.050.
C. A Small Community Care Facility on each building site.
D. Two Unit Residential Development pursuant to Chapter 30.93.
30.10.070 – Development Standards.
A. [No change]
35 June 19, 2023 Item 04
Ordinance No. XXX
B. Lot Dimensions.
1. Minimum lot size: 40,000 square feet.
2. Minimum street frontage: 20 feet.
3. Minimum lot width: 75 feet.
4. Minimum lot depth: 100 feet.
5. New lots created as part of an Urban Lot Split as defined in Chapter
30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.
C. [No change]
SECTION SIX
That Municipal Code Chapter 30.10 be amended as follows:
Chapter 30.11 (Modified Low Density Residential (R1-14))
30.11.030 – Allowable Uses.
The allowable uses in the R1-14 Zone are:
A. A single dwelling unit on each building side; and
B. An Accessory Dwelling Unit that meets the requirements in Section
30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.
C. A Small Community Care Facility on each building site.
D. Two Unit Residential Development pursuant to Chapter 30.93.
30.11.070 – Development Standards.
A. [No change]
B. Lot Dimensions.
1. Minimum lot size: 14,000 square feet.
2. Minimum street frontage: 20 feet.
36 June 19, 2023 Item 04
Ordinance No. XXX
3. Minimum lot width: 75 feet.
4. Minimum lot depth: 100 feet.
5. New lots created as part of an Urban Lot Split as defined in Chapter
30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66
C. [No change]
SECTION SEVEN
Chapter 30.12 (Low Density Residential (R1-10))
30.12.030 – Allowable Uses.
The allowable uses in the R1-10 Zone are:
A. A single dwelling unit on each building side; and
B. An Accessory Dwelling Unit that meets the requirements in Section
30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.
C. A Small Community Care Facility on each building site.
D. Two Unit Residential Development pursuant to Chapter 30.93.
30.12.070 – Development Standards.
A. [No change]
B. Lot Dimensions.
1. Minimum lot size: 10,000 square feet.
2. Minimum street frontage: 20 feet.
3. Minimum lot width: 75 feet.
4. Minimum lot depth: 100 feet.
37 June 19, 2023 Item 04
Ordinance No. XXX
5. New lots created as part of an Urban Lot Split as defined in Chapter
30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.
C. [No change]
SECTION EIGHT
30.13.070 – Development Standards.
A. [No change]
B. Lot Dimensions.
1. Minimum lot size: 10,000 square feet.
2. Minimum street frontage: 20 feet.
3. Minimum lot width: 35 feet.
4. Minimum lot depth: 100 feet.
5. New lots created as part of an Urban Lot Split as defined in Chapter
30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.
C. [No change]
SECTION NINE
Chapter 30.14 (Medium Density Single-Family Residential (R1-5))
30.14.030 – Allowable Uses.
The allowable uses in the R1-5 Zone are:
A. A single dwelling unit on each building site.
B. An Accessory Dwelling Unit that meets the requirements in Section
30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.
C. A Small Community Care Facility on each building site. 38 June 19, 2023 Item 04
Ordinance No. XXX
D. Two Unit Residential Development pursuant to Chapter 30.93.
30.14.070 – Development Standards.
A. [No change]
B. Lot Dimensions.
1. Minimum lot size: 5,000 square feet.
2. Minimum street frontage: 20 feet.
3. Minimum lot width: 50 feet.
4. Minimum lot depth: 90 feet.
5. New lots created as part of an Urban Lot Split as defined in Chapter
30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.
C. [No change]
SECTION TEN
Chapter 30.15 (Medium Density Single-Family Residential – Beach (R1-5B))
30.15.030 – Allowable Uses.
The allowable uses in the R1-5B Zone are:
A. A single dwelling unit on each building site.
B. An Accessory Dwelling Unit that meets the requirements in Section
30.91.040, or a Junior Accessory Dwelling Unit that meets the requirements in Section 30.91.050.
C. A Small Community Care Facility on each building site.
D. Two Unit Residential Development pursuant to Chapter 30.93.
30.15.070 – Development Standards.
A. [No change]
B. Lot Dimensions.
39 June 19, 2023 Item 04
Ordinance No. XXX
1. Minimum lot size: 5,000 square feet.
2. Minimum street frontage: 20 feet.
3. Minimum lot width: 50 feet.
4. Minimum lot depth: 80 feet.
5. New lots created as part of an Urban Lot Split as defined in Chapter
30.93 must be in compliance with the lot size and lot width requirements pursuant to Chapter 24.66.
C. [No change]
SECTION ELEVEN
This Ordinance was introduced by the City Council on June 5, 2023.
SECTION TWELVE
The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.
SECTION THIRTEEN
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION FOURTEEN
Upon adoption, the Ordinance will be submitted to the California Coastal Commission for certification as a Local Coastal Program Amendment. The Ordinance will take effect and be in force on the date that the Coastal Commission acts to unconditionally certify the Local Coastal Program Amendment.
40 June 19, 2023 Item 04
Ordinance No. XXX
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Del Mar, California, held on the 19th day of June, 2023. ________________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, NESTOR MACHADO, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXX, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 19th day of June, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Nestor Machado, Acting City Clerk
City of Del Mar
41 June 19, 2023 Item 04
ATTACHMENT B
Mayor Martinez and Councilmember Gaasterland (Housing Subcommittee), Thanks for everyone's efforts in drafting the SB9 implementation ordinance and trying to limit negative impacts on Del Mar. Regarding the obstruction of scenic views, I don’t think it's that difficult to come up with an objective definition of scenic views.
Indeed, there are already definitions in DMMC for the Design Review and TSVS Ordinances:
23.51.020 - Definitions
M. Scenic View shall mean a view of the ocean, lagoons, canyons, the community and its landscapes and urban forest character, or other scenic vistas, from the Primary Living Area of a residence.
23.08.040 - Definitions
B. For purposes of this Chapter, primary scenic view means a view of the ocean, the community, lagoons, canyons or other scenic vistas from the primary living area of a residence.
It does not matter that the Coastal Commission only concerns itself with public views. The only requirement from the Coastal Commission is that the Coastal Act is not violated. Prohibiting the obstruction of private views does not violate the Coastal Act.
Neither public nor private views should be sacrificed for SB 9 development.
Instead, SB 9 developers should be forced to modify their plans so the dwelling units do not obstruct such views. Sixteen feet is quite high for a single-story structure and developers could be forced to lower the roof height or place the unit in another location on the property to minimize view obstruction. The City only needs to allow the construction of 800 sq ft structures, not allow a 16-foot roofline or placement of the structure in the optimum location for the developer.
Del Mar should not hold back on implementing restrictive objective standards. If other cities have not yet been reprimanded by HCD for this, then Del Mar should do the same. If the City is reprimanded, the ordinance can be amended.
With restrictive standards, there can be some discretion in providing exceptions to the standards when such standards physically preclude construction of the minimum dwelling units SB 9 confers a right to. For example, the SB 9 ordinance from Pismo Beach states:
G. Exceptions. The Community Development Director shall approve an exception to any of the standards specified in this section upon determining that complying with the standards would physically preclude the construction of up to two (2) residential units per lot or would physically preclude either of the two (2) residential units from being eight hundred (800) square feet in floor area.
Perhaps this discretionary function of approving an exception to “any of” the objective standards can be performed by the Design Review Board. I don’t think the Del Mar ordinance defines who would perform this discretionary function when necessary. 42 June 19, 2023 Item 04
I won’t dwell on the exclusion of certain overlay zones any further, other than to say that I think the City might run afoul of HCD or even the Coastal Commission on this.
I guess time will tell. Personally, I would rather there be no SB 9 development in the overlay zones or elsewhere, but I do think it's important to follow the State law, even if the City is challenging it.
Thanks again,
Michael Deftos
43 June 19, 2023 Item 04
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Jennifer Gavin, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: June 19, 2023
SUBJECT: Second Reading and Adoption of an Ordinance to Amend Prospective Ordinance No. 982 Pursuant to California Coastal Commission Action on May 10, 2023, Approving a Conditional Certification Order with Required Modifications (All Relating to the Parking Amendments under DMMC Chapter 30.80 Adopted by the City Council in December 2021) REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council adopt the Ordinance (Attachment A) to amend the previously adopted City Ordinance No. 982 to approve changes required by the California Coastal Commission (CCC) as a condition of final certification of the City’s parking-related Local Coastal Program Amendment (LCPA) application (Zone Code Amendment ZA21-001/Local Coastal Program Amendment LCPA21-001).
DISCUSSION/ANALYSIS:
On June 5, 2023, the City Council introduced an Ordinance amending Ordinance No. 982 (which included a package of parking-related amendments to the City’s Zoning Code and Local Coastal Program (Del Mar Municipal Code (DMMC) Chapter 30.80) in order to incorporate modifications from the CCC as a part of their conditional certification granted on May 10, 2023.
Modifications required by the CCC include:
1. Modifications to the City’s Land Use Plan of the Local Coastal Program (approved by the Council by Resolution at the June 5, 2023 hearing); and
2. An expiration date of January 1, 2031, in order to monitor implementation and effect of amendments; and
3. A requirement for monitoring reports and the Parking Management Program to be completed by January 1, 2030; and
4. The Exclusion of Beach Commercial Restaurants from the new parking rates. 1 June 19, 2023 Item 05
City Council Agenda Report
ZA21-001/LCPA21-001 Amendments to DMMC Ch. 30.80 Parking June 19, 2023
The Council is asked to adopt the final Ordinance (Attachment A). Upon adoption by the City Council, staff will submit the Ordinance and Resolution (adopted at the June 5, 2023, hearing) to CCC for final certification of the City’s LCPA. Final certification is expected to be confirmed at the CCC meeting in August 2023 at which time the respective ParkingRelated LCPA ordinances will take effect immediately.
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 action is exempt from the preparation of an environmental document pursuant to the California Environmental Quality Act (CEQA) per CEQA Guidelines Article 19, Section 15301 (Existing Facilities). The action would not expand any existing uses and would encourage less vehicles miles traveled and a reduction in greenhouse gas (GHG) emissions in that less dedicated parking spaces would be required to be provided for restaurant uses in the City’s commercial zones. Further, none of the six exceptions to the use of a Categorical Exemption are applicable (Guidelines Section 15300.2). These findings are based upon the record prepared by the City and the City’s analysis demonstrating that no potential environmental effects would occur by adoption of this ordinance.
ATTACHMENTS:
Attachment A – Ordinance Adopting Required CCC Modifications to City Ordinance 982 2 June 19, 2023 Item 05
ATTACHMENT A
ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING REGULATIONS GOVERNING
REQUIRED OFF-STREET PARKING AS ADOPTED BY
PROSPECTIVE ORDINANCE NO. 982 PURSUANT TO THE
CONDITIONAL CERTIFICATION ACTION TAKEN BY THE
CALIFORNIA COASTAL COMMISSION ON MAY 10, 2023 IN ORDER
TO OBTAIN FINAL CERTIFICATION OF THE SUBMITTED LOCAL
COASTAL PROGRAM AMENDMENT APPLICATION
WHEREAS, the Del Mar City Council adopted Ordinance No. 982 on December 13, 2021, to develop business support in the form of modifications to the City’s off-street parking requirements; and
WHEREAS, on May 10, 2023, the California Coastal Commission (CCC) took action to conditionally certify the City’s Local Coastal Program Amendment for Parking Ordinance No. 982, with amendments; and
WHEREAS, if the City Council adopts the Del Mar Municipal Code amendments included herein, which revise the proposed regulations included in prospective Ordinance No. 982 per the CCC’s suggested modifications outlined in its conditional certification order, the City of Del Mar can resubmit the ordinance to the CCC to obtain final certification of the parking-related Local Coastal Program Amendment package.
NOW THEREFORE, the City Council of the City of Del Mar hereby ordains as follows:
SECTION ONE: That the City of Del Mar hereby acknowledges receipt of the California Coastal Commission’s Resolution of Certification of City of Del Mar LCP Amendment No.
LCP-6-DMR-21-0081-2 (Parking Adjustments), including any suggested modifications therein.
SECTION TWO: That DMMC Section 30.80.020 (General Parking Regulations) be modified to add the following, which amends the proposed regulations included in prospective Ordinance No. 982, as recommended by the California Coastal Commission:
No changes to sub-sections A-E
F. Notwithstanding Section 30.80.020(C), within the Central Commercial Zone, no additional parking spaces shall be required for a change in commercial use to a retail sales, restaurant, or personal services use, including associated tenant improvements within an existing commercial building with non-conforming parking where the change in use and tenant improvements are consistent with the following:
1. The commercial tenant space was existing as of January 1, 2020; 3 June 19, 2023 Item 05
Ordinance No. ____
2. All existing parking spaces that are currently relied upon by the commercial building tenants shall be maintained, unless and until a “Release of Covenant” is approved by the City and recorded with the County Recorder or other City authorization is granted. This limitation shall apply to any existing off-street parking spaces located on-site and any off-site parking spaces that are relied upon by the existing commercial development through an approved in-lieu parking space agreement and/or a recorded parking agreement;
3. The proposed change in use may involve the combination of existing tenant spaces, however, no tenant space on the lot shall exceed a maximum size of 5,000 square feet in gross floor area;
4. If a tenant space is proposed to be expanded, additional parking spaces must be provided for the area of expansion (includes indoor and outdoor use areas) at the rate set forth in Section 30.80.030;
5. No more than three restaurants shall be permitted per lot, including existing restaurant tenants; and
6. All changes in use must comply with the horizontal zoning requirements of the Central Commercial zone in Section 30.22.030.
7. The provisions of Section 30.80.020(F) shall remain in effect until January 1, 2031. This section may be amended prior to the expiration date based on the results and recommendations of the Parking Management Program described in Section 30.80.020(H). However, if not amended by January 1, 2031, then this section shall become inoperative on January 1, 2031. The January 1, 2031 deadline may be extended for good cause by the Executive Director of the California Coastal Commission.
G. A restaurant establishment is permitted to have one accessory food/beverage stand or cart on-site that is not subject to required parking provided that all of the following provisions are met:
1. The stand/cart shall not exceed one hundred square feet in area;
2. The stand/cart shall be open to the air on all sides to the extent possible except where it would preclude compliance with the San Diego County Health Department requirements applicable to food and beverage carts;
3. The parking exemption shall apply to a maximum of one accessory food/beverage stand or cart per lot;
4 June 19, 2023 Item 05
Ordinance No. ____
4. The location of the stand/cart shall not interfere with access to required offstreet parking spaces; and
5. A Design Review Permit is obtained in accordance with Section 23.08.030.
H. In accordance with LUP Policy IV-29, an inventory of existing parking areas shall be used to develop and implement an overall Parking Management Program (PMP) that shall be revised periodically. The PMP shall be developed and implemented to strengthen and improve parking accessibility and availability in the City and to implement parking management and Transportation Demand Management (TDM) strategies to create a more balanced and efficient parking system that ensures access to the shoreline for a range of visitors and residents.
The PMP shall include the following:
1. Existing Conditions & Parking Inventory documenting the characteristics of publicly available on- and off-street parking in the City of Del Mar, the inventory of publicly available on- and off-street parking within the City, and the City’s existing parking code requirements and programs to manage parking. a. Identification of sites where commercial tenants with non-conforming parking have modified the use and/or implemented tenant improvements within an existing commercial building per Section 30.80.020(F) and the number of off-street parking spaces provided for the property. b. Identification of sites with new or expanded restaurants that have utilized the outdoor seating exemption per 30.80.030 (c) “Outdoor Dining on Private Property (Accessory to a Restaurant/Bar/Cocktail Lounge/Tea Room/Other Business for the On-Site Consumption of Food and/or Beverage) outside of the Beach Commercial Zone” where the size of the outdoor seating area exceeds the size of the indoor seating area and the number of off-street parking spaces provided for the property.
2. Parking Occupancy Analysis with a detailed description of occupancy (utilization) counts by both zone and type, parking rate in effect (if applicable), and by time of day and week, emphasizing summer months and including weekends. Data collection shall occur every 2-3 years at least 3 times per PMP update cycle, with the first collection taking place no later than 2024.
3. Parking Demand Analysis of the parking space occupancy rates, existing City parking code requirements, peer city parking rates, and industry standard rates to determine the appropriateness of current minimum parking requirements.
4. Recommendations that analyze the results of the inventory, occupancy, and demand analyses that draw from best practices by peer cities and industry5 June 19, 2023 Item 05 Ordinance No. ____
wide standards as guidance, and have been tailored to address the unique features of Del Mar’s infrastructure, character, and geography.
5. Recommendations that address whether parking programs and services should be adjusted in order to maximize access to the shoreline taking into consideration such factors as future development, environmental justice, biological resources, and reducing vehicle miles traveled, as well as alternatives to private automobile use.
6. The PMP shall be completed no less often than every 10 years, with the next report to be completed no later than January 1, 2030. The January 1, 2030 deadline may be extended for good cause by the Executive Director of the Coastal Commission.
SECTION THREE: That DMMC Section 30.80.030 C.1. (Required Number of Off-Street Parking Spaces for Non-Residential Uses) be amended as follows:
No Changes to sections Commercial Services- Billiard Parlor through Pet ServicesGrooming Restaurant/Bar/Cocktail Lounge/Tea
Room/Other Business for the On-Site
Consumption of Food and/or Beverage
outside of the Beach Commercial Zone
1 space per 200 sq. ft. of GFA up to 5,000
sq. ft. and 1 space for each 90 sq. ft. of
GFA in excess of 5,000 sq. ft. (Note: a
restaurant is permitted one on-site
accessory food/beverage stand or cart
that is not subject to required parking in
accordance with Section 30.80.020(G).
The restaurant parking rate provisions of
Section 30.80.030(C) shall remain in effect
until January 1, 2031. This section may be
amended prior to the expiration date
based on the results and
recommendations of the Parking
Management Program described in
30.80.020(H). However, if not amended by
January 1, 2031, then the parking
requirements shall be as shown for within
the Beach Commercial Zone. The January
1, 2031 deadline may be extended for
good cause by the Executive Director of
the Coastal Commission.
Restaurant/Bar/Cocktail Lounge/Tea
Room/Other Business for the On-Site
1 space per 90 sq. ft. of GFA up to
4,000 sq. ft. and 1 space for each 45
sq. ft. of GFA in excess of 4,000
6 June 19, 2023 Item 05
Ordinance No. ____
Consumption of Food and/or Beverage
located in the Beach Commercial Zone
sq. ft. including all outdoor space, covered
or uncovered, used for any restaurant
purpose (Note: a restaurant is permitted
one on-site accessory food/beverage
stand or cart that is not subject to required
parking in accordance with Section
30.80.020(G).
Outdoor Dining on Private Property
(Accessory to a Restaurant/Bar/Cocktail
Lounge/Tea Room/Other Business for the
On-Site Consumption of Food and/or
Beverage) outside of the Beach
Commercial Zone
No additional parking requirement if
outdoor seating area is equal to or less
than the indoor seating area.
For any outdoor seating area that
exceeds the indoor seating area, parking
shall be provided at a rate of 1 space per
200 sq. ft., for the excess outdoor area.
The outdoor dining parking provisions of
Section 30.80.030(C) shall remain in
effect until January 1, 2031. This section
may be amended prior to the expiration
date based on the results and
recommendations of the Parking
Management Program described in
30.80.020(H). However, if not amended
by January 1, 2031, then the parking
requirements shall be as shown for within
the Beach Commercial Zone. The
January 1, 2031 deadline may be
extended for good cause by the
Executive Director of the Coastal
Commission.
No changes to Sports & Recreation Club/Facility through Industrial/Manufacturing/ Laboratory/Wholesale Printing.
SECTION FOUR: The City Council finds that approval of this Ordinance is exempt from the preparation of an environmental document pursuant to the California Environmental Quality Act (CEQA) per CEQA Guidelines Article 19, Section 15301 (Existing Facilities).
The action would not expand any existing uses and would encourage less vehicles miles traveled and a reduction in greenhouse gas (GHG) emissions in that less dedicated parking spaces would be required to be provided for restaurant uses in the City’s commercial zones. The City Council finds that none of the six exceptions to the use of a Categorical Exemption are applicable (Guidelines Section 15300.2). The City Council bases these findings upon the record prepared by the City and the City’s analysis 7 June 19, 2023 Item 05
Ordinance No. ____
demonstrating that no potential environmental effects would occur by adoption of this ordinance.
SECTION FIVE: This Ordinance was introduced by the City Council on June 5, 2023.
SECTION SIX: The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.
SECTION SEVEN: Upon adoption, the Ordinance will be submitted to the California Coastal Commission for certification as a Local Coastal Program Amendment. The Ordinance will take effect and be in force on the date that the Coastal Commission takes action to unconditionally certify the Local Coastal Program Amendment.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 19th day of June 2023.
________________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
8 June 19, 2023 Item 05
Ordinance No. ____
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, NESTOR MACHADO, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No.____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the19th day of June, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Nestor Machado, Acting City Clerk
City of Del Mar
9 June 19, 2023 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Karen Falk, Principal Engineer
Mariel Cairns, Management Analyst
Via Ashley Jones, City Manager
DATE: June 19, 2023
SUBJECT: Second Reading and Adoption of an Ordinance Amending Chapter 21.70 of the Del Mar Municipal Code to Revise Emergency Water Management Water Shortage Response Levels
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council adopt an Ordinance (Attachment A) amending the Del Mar Municipal Code (DMMC) Chapter 21.70 to revise water shortage responses to align with the six standard water shortage levels as required by the California Water Code.
BACKGROUND:
Prior to the recent 2023 winter storms, California experienced over three consecutive years of extreme drought, and water reservoirs throughout the state were at record low levels. In October 2021, Governor Gavin Newsom issued a proclamation extending the drought emergency statewide, including San Diego County.
The City of Del Mar has been in a Drought Response Stage 1 – Drought Watch Condition since 2016, which remains in effect. In response to the State Water Resources Control Board and the Water Authority’s directives, the City Council reaffirmed Drought Response Stage 1 on July 11, 2022, and urged citizens and businesses to continue voluntary activities to conserve water by following water demand reduction measures as outlined in Section 21.70.110 of the DMMC.
On March 24, 2023, considering recent winter storms that brought historical rainfall and snowpack levels throughout the state, Governor Newsom issued a new Executive Order N-5-23 to rollback major elements of prior emergency orders related to water restrictions.
Although the recent extraordinary amounts of precipitation have eased drought conditions, long-term water supply continues to remain a concern throughout California. 1 June 19, 2023 Item 06
City Council Agenda Report
Second Reading and Adoption of Ordinance Amending DMMC 21.70 June 19, 2023
DISCUSSION/ANALYSIS:
On June 5, 2023, the City Council adopted the City’s Water Shortage Contingency Plan (WSCP) to address water conservation and demand reduction measures in compliance with statutory requirements. This plan migrates the City from using “drought response stages” to the six (6) standard water shortage levels as defined by the California Water Code Section 10632.
Additionally, at the June 5, 2023 meeting, the City Council introduced an Ordinance to Amend DMMC 21.70 to revise water shortage responses to align with the six standard water shortage levels as required by the California Water Code and the WSCP.
This agenda item is the second reading and final adoption of the Ordinance. With the adoption of this Ordinance, the City’s current drought condition, which was previously described as “Drought Response Stage 1”, will now be “Water Shortage Level 1 – Watch Condition”.
PRIOR CITY COUNCIL REVIEW:
On July 11, 2022, the City Council adopted Resolution No. 2022-51 reaffirming Drought Response Stage 1 and encouraging continued voluntary adherence with water demand reduction measures; and adopted Ordinance No. 991 to amend DMMC Sections
21.70.110 and 21.70.120 to revise Drought Watch and Alert Conditions.
On December 13, 2021, the City Council adopted Ordinance No. 984 to amend DMMC Section 21.70.110 to revise consumer demand requirements in accordance with recent State and County actions.
On July 5, 2016, the City Council adopted Resolution No. 2016-42 declaring Drought Response Stage 1 – Drought Watch to be in effect but urging citizens and businesses to continue voluntary efforts to conserve water by following measures adopted during the Stage 2 response in 2015-2016.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the 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.
ATTACHMENTS:
Attachment A – Ordinance Amending DMMC Chapter 21.70
Exhibit A to Attachment A – Amended DMMC Chapter 21.70
2 June 19, 2023 Item 06
ATTACHMENT A
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING DEL MAR MUNICIPAL CODE
CHAPTER 21.70 TO REVISE EMERGENCY WATER
MANAGEMENT WATER SHORTAGE STAGES
WHEREAS, water supply conditions have been challenged statewide in California for several years; and
WHEREAS, Chapter 21.70 of the Del Mar Municipal Code (DMMC) establishes an emergency water management program in order to conserve water supplies, minimize the effects of water supply shortages, and allow the City to respond to water emergency conditions; and
WHEREAS, Sections 21.70.110 through 21.70.140 of the DMMC establish emergency water conservation requirements for Drought Response Stage 1 – Drought Watch Condition; Stage 2 – Drought Alert Condition; Stage 3 – Drought Critical condition; and Stage 4 –Drought Emergency Condition; and
WHEREAS, on July 11, 2022, the City Council adopted Resolution No. 2022-51, reaffirming Drought Response Stage 1 (previously declared on July 5, 2016) and encouraging continued voluntary adherence with water demand reduction measures; and adopted Ordinance No. 991 to amend DMMC Sections 21.70.110 and 21.70.120 to revise Drought Watch and Alert Conditions; and
WHEREAS, on March 24, 2023, Governor Newsom issued Executive Order N-5- 23 rolling back major elements of prior drought-related emergency orders in light of improved drought conditions throughout California; however, all 58 counties retain a state of emergency to allow for continued drought response and recovery efforts as long-term water supply continues to remain a concern for California; and WHEREAS, historically, the City of Del Mar, as a small water supplier with approximately 1,860 service connections, was not required to prepare its own Water Shortage Contingency Plan (WSCP) and, instead, relied on the San Diego County Water Authority’s WSCP for guidance related to water conservation and demand reduction measures; and
WHEREAS, on September 23, 2021, Senate Bill (SB) 552 was passed to require small water suppliers serving 1,000 to 2,999 service connections to develop and maintain their own abridged WSCPs that would include specified water shortage planning elements by July 1, 2023; and
WHEREAS, pursuant to the requirements of SB 552, the City of Del Mar has prepared a WSCP, and the City Council has held a public hearing to receive public comments on the WSCP; and
3 June 19, 2023 Item 06
Ordinance No. XXX
WHEREAS, as a result of the City’s WSCP adoption on June 5, 2023, DMMC Chapter 21.70 needs to be amended to align with State and County defined water shortage levels and with the City’s WSCP.
NOW THEREFORE, the City Council of the City of Del Mar, California, hereby ordains as follows:
SECTION ONE:
That Chapter 21.70 of the Del Mar Municipal Code relating to Emergency Water Management of the City of Del Mar is amended to read as set forth in:
Exhibit A to this Ordinance.
SECTION TWO:
This Ordinance was introduced by the City Council on June 5, 2023.
SECTION THREE:
The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.
SECTION FOUR:
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION FIVE:
The Ordinance shall take effect and be in full force thirty (30) days after the date of adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held this 19h day of June, 2023. ______________________________
Tracy Martinez, Mayor
City of Del Mar
4 June 19, 2023 Item 06
Ordinance No. XXX
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, NESTOR MACHADO, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXX which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 19th day of June, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Nestor Machado, Acting City Clerk
City of Del Mar
5 June 19, 2023 Item 06
EXHIBIT A
TITLE 21 - WATER SUPPLY
Chapter 21.70 EMERGENCY WATER MANAGEMENT
Del Mar, California, Municipal Code Created: 2023-01-30 16:47:07 [EST] (Supp. No. 7)
Chapter 21.70 EMERGENCY WATER MANAGEMENT
21.70.010 Purpose.
This Chapter establishes an emergency water management program in order to conserve water supplies, minimize the effects of water supply shortages, and allow the City to respond to water emergency conditions. (Cal. Const. Art. X, §§ 2 and 7; and Water Code § 375.) (Ord. No. 603; Ord. No. 816; Ord. No. 828; Ord. No. 903)
21.70.020 Scope of Chapter.
The provisions of this Chapter shall apply to all persons using water delivered by the City.
21.70.030 Water Conservation Policy.
A. It is the policy of the City that all public and private users of water delivered by the City shall use such water for reasonable purposes and in a reasonable manner in a conscientious effort to conserve water.
B. When the emergency water use regulations in this Chapter are not declared to be in effect, those regulations may still be considered as recommended methods for voluntarily conserving water.
C. The City may initiate and maintain education programs to encourage the conservation of water.
Cross reference(s)—Water conservation program, Ch. 21.60.
21.70.040 Water Management Regulations.
A. Levels. During water shortages, the City shall impose water use regulations in levels. Sections
21.70.100 et seq. of this Chapter contain a sequential, regulatory program of increasingly more stringent prohibitions on the use of water delivered within the City. When the City declares that a particular water shortage level is in effect, the regulations contained in a declared level shall be complied with by all persons using water delivered by the City.
B. Declaration of Level.
1. The City shall monitor the projected supply of water and the demand for water by persons within its jurisdiction and, in consultation with those agencies providing water to City, determine when water management regulations are required in order for the City to deal with water shortages.
2. When it is determined that a particular level of water management regulation is required, either the City Council or the City Manager may issue a declaration which will announce the level of regulatory management that is to be imposed. Moving to Level 6 requires a properly noticed public hearing.
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(Supp. No. 7)
3. The declaration shall be made by public announcement posted at City Hall. Also, the City Manager may publish a notice of the determination in a newspaper of general circulation and on the City website.
4. If the declaration is made by the City Manager, the matter shall be placed on the agenda of the City Council at its next meeting. The City Council shall thereupon ratify the City Manager's declaration, rescind the declaration, or issue its own declaration.
5. The regulatory level announced in the declaration shall become effective seven days following the date of posting; except, when a water emergency is declared, the regulatory level shall become effective immediately upon posting.
21.70.050 Modification of Regulation as Applied In Special Circumstance.
A. Appeals Board. An Appeals Board for this Chapter shall consist of the City Council.
B. Appeal.
1. Any person subject to the regulations and decisions imposed in accordance with the provisions of this Chapter may submit an appeal, in writing, to the City Clerk.
2. The City Manager may render a decision or set the matter to be heard by the Appeals Board which will render a written decision within 30 calendar days of the receipt of the appeal.
3. If the appellant is dissatisfied with the City Manager's determination, the appellant may seek a review by the Appeals Board.
C. Modification Authorized. In accordance with the procedures provided above, the City Manager and the Appeals Board are authorized to make minor and limited modifications to any regulation in this Chapter when it has been demonstrated that due to special circumstances as applied to a particular case, the application of the unmodified regulation constitutes a threat to health, safety or welfare or will result in an undue, unreasonable hardship. Provided, however, that such modification shall not cause water to be wasted or used in an unreasonable manner and the purposes of this Chapter can be accomplished.
21.70.060 Prohibition.
A. It is unlawful for any person to knowingly use water or permit the use of water supplied by the City in a manner contrary to any provision of this Chapter declared to be in effect. (Misdemeanor in accordance with Water Code § 377.)
B. The use of reclaimed or "grey" water in accordance with the regulations of the Department of Health Services and in accordance with any other applicable regulations, is not subject to the regulations of this Chapter.
C. It is a misdemeanor for anyone to tamper with or otherwise interfere with the operation of a water meter without the express authority, in writing, of the City.
D. It is unlawful for any person to knowingly present false information to the City when information is requested by the City in accordance with the provisions of this Chapter.
E. Compliance with this Section is a condition imposed upon the continued uninterrupted delivery of water.
7 June 19, 2023 Item 06
Created: 2023-01-30 16:47:07 [EST]
(Supp. No. 7)
21.70.090 Enforcement—Restricting or Discontinuing Water Service.
A. A continued, willful failure to comply with the conditions imposed upon the continued, uninterrupted delivery of water may result in a Notice of Violation being mailed to the metered customer, accompanied by a copy of relevant portions of these regulations.
B. Failure to correct the violation by bringing water use into compliance with the conditions imposed upon the continued, uninterrupted delivery of water will result in a Notice of Hearing Re: Violation being mailed to the metered customer.
C. The City Manager shall conduct the hearing. The noticed person shall have the opportunity to present information and arguments in response to the notice.
D. Following the hearing, if an uncured violation is found to exist, the City Manager may order either:
1. The installation of a flow restrictor in the meter for a minimum of 72 hours; or
2. Discontinuance of water service for a specified period of time.
E. When it is necessary to install a flow restrictor or to discontinue service, a metered customer shall pay a fee of $250.00 to the City. When it is necessary to remove a flow restrictor or to re-establish water service, a metered customer shall pay a fee of $250.00 to the City. The fees referenced in this subparagraph are payable by the metered customer when the service is rendered. Further, payment in full of all outstanding fees is a condition to the restoration of full service.
21.70.110 Water Shortage Level 1—Watch Condition.
A. A Water Shortage Level 1 condition is also referred to as a " Water Storage Watch" condition. Level 1 shall be declared to encourage voluntary water conservation with an aim towards reducing water demand by up to 10%. This Level 1 condition applies when the Water Authority notifies its member agencies to activate the appropriate voluntary provisions of the water shortage contingency plan.
B. When Level 1 is declared and in effect, all persons shall comply with the voluntary water usage reductions and other mandatory conditions as may be identified by the Governor, State of California, or San Diego County Water Authority.
C. Irrigating "Non-Functional Turf" at commercial, industrial, and institutional sites is prohibited. "Non-Functional Turf," as defined in section 996 of title 23 of the California Code of Regulations, as may be amended from time to time, is defined as any turf (grass) that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. "Non-Functional Turf" does not include sports fields and turf that is regularly used for human recreational purposes of for civic or community events.
a. Notwithstanding subsection (C)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. b. Notwithstanding subsection (C)(1), the City may approve a request for continued irrigation of non-functional turf where the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.
8 June 19, 2023 Item 06
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(Supp. No. 7)
D. Wasteful and Unreasonable Water Uses are prohibited as listed in section 995 of title 23 of the California Code of Regulations to prevent unreasonable use of water and to promote water conservation. The following water usage activities are prohibited:
1. Washing down paved surfaces, including but not limited to sidewalks, driveways, parking lots, tennis courts, or patios, except when it is necessary to alleviate safety or sanitation hazards.
2. Water waste resulting from inefficient landscape irrigation, such as runoff, low head drainage, or overspray, etc. Similarly, irrigation causing water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures are prohibited.
3. Irrigation is prohibited during and within 48 hours after measurable rainfall of at least onefourth of one inch of rain.
4. Use of a handheld hose equipment without a positive shut-off nozzle to wash vehicles, except where the hose is fitted with a shut-off nozzle. It is encouraged to use a bucket to wash vehicles or at a commercial site with recirculated water.
5. Use of potable water to operate ornamental fountains with exceptions for those fountains that use pumps to recirculate water and only require refilling to replace evaporative losses.
6. Use of potable water for street cleaning or construction purposes, unless non-potable water is unavailable or as-needed to protect the health and safety of the public.
E. In addition to the water usage reductions and other conditions referenced in subsections B, C, and D above, when Level 1 is declared and in effect all persons are requested to comply with the following water demand reduction measures;
1. Irrigate residential and commercial landscape before 10:00 a.m. or after 6:00 p.m.; limited to three applications per week.
2. Serve and re-fill water in restaurants, bars, and other food service establishments only upon request.
3. Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily.
4. Repair all water leaks within 72 hours of notification by the City.
Additional Conditions on Uninterrupted Delivery: None.
(Ord. No. 816; Ord. No. 828; Ord. No 948 , § 2, Exh. B, 6-3-2019; Ord. No. 984 , § 1, 12-13-2021; Ord. No. 991 , § 1, 7-11-2022)
21.70.120 Water Shortage Level 2—Warning Condition.
A. Water Shortage Level 2 condition is also referred to as a " Water Shortage Warning" condition.
Level 2 shall be declared when the City determines that water usage should be reduced up to 20 percent from the ordinary demand requirement, as determined by the City.
B. When Level 2 is declared and in effect, metered customers of the City shall receive uninterrupted water delivery subject to the modified surcharge rate structure set as follows:
9 June 19, 2023 Item 06
Created: 2023-01-30 16:47:07 [EST]
(Supp. No. 7)
Meter
Size
Bimonthly Fixed Surcharge During Water Shortage Level 2:
7/1/19 1/1/20 1/1/21 1/1/22 1/1/23 1/1/24
⅝" $2.98 $3.14 $3.26 $3.40 $3.64 $3.84
¾" 4.48 4.70 4.90 5.10 5.46 5.76
1" 7.46 7.84 8.16 8.50 9.10 9.58
1 ½" 14.90 15.68 16.30 17.00 18.20 19.14
2" 23.84 25.08 26.08 27.20 29.10 30.64
3" 47.68 50.14 52.16 54.40 58.20 61.26
4" 74.48 78.32 81.48 84.98 90.94 95.70
22nd DAA* 953.24 1,002.48 1,042.94 1,087.64 1,163.98 1,224.84 One 8" meter and two 10" meters
Volumetric Surcharge applied to all units of usage by all customer classes.
Volumetric Surcharge During Water Shortage Level 2:
7/1/19 1/1/20 1/1/21 1/1/22 1/1/23 1/1/24
$0.23 $0.25 $0.26 $0.27 $0.29 $0.30
C. When Level 2 is declared and in effect, the demand reduction measures listed in Level 1 shall become mandatory. Additional measures may be implemented based on City Council direction or Emergency Orders.
(Ord. No. 816; Ord. No. 828; Ord. No. 903; Ord. No 948 , § 2, Exh. B, 6-3-2019; Ord. No. 991 , § 1, 7-11- 2022)
21.70.130 Water Shortage Level 3— Acute Condition.
A. A Water Shortage Level 3 condition is also referred to as an "Acute Water Shortage" condition.
Level 3 shall be declared when the City determines that water usage should be reduced up to 30 percent from the ordinary demand requirement, as determined by the City.
B. When a Level 3 is declared and in effect, metered customers of the City shall receive uninterrupted water delivery subject to the modified surcharge rate structure set as follows:
Meter Size Bimonthly Fixed Surcharge During Water Shortage Level 3:
7/1/19 1/1/20 1/1/21 1/1/22 1/1/23 1/1/24
⅝" $4.84 $5.04 $5.26 $5.44 $5.86 $6.20
¾" 7.24 7.56 7.88 8.22 8.78 9.30
1" 12.08 12.60 13.12 13.70 14.62 15.48
1 ½" 24.14 25.18 26.24 27.38 29.24 30.94
2" 38.62 40.28 41.98 43.82 46.80 49.52
3" 77.22 80.54 83.94 87.62 93.58 99.02
4" 120.64 125.84 131.16 136.90 146.20 154.70
22nd DAA* 1,544.08 1,610.52 1,678.80 1,752.30 1,871.32
1,980.06
*One 8" meter and two 10" meters
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(Supp. No. 7)
Volumetric Surcharge applied to all units of usage by all customer classes.
Volumetric Surcharge During Water Shortage Level 3:
7/1/19 1/1/20 1/1/21 1/1/22 1/1/23 1/1/24
$0.42 $0.44 $0.46 $0.48 $0.52 $0.55
C. In addition to the water usage reductions and other conditions referenced in Level 1 and Level 2, when Level 3 is declared and in effect all persons are requested to comply with the following water demand reduction measures:
1. Irrigate residential and commercial landscape before 10:00 a.m. or after 6:00 p.m.; limited to two applications per week. Irrigation is prohibited during and within 48 hours after measurable rainfall of at least one-fourth of one inch of rain.
2. Repair all water leaks within 48 hours of notification by the City.
3. Only wash vehicles or at a commercial site with recirculated water. (Ord. No. 816; Ord. No. 828; Ord. No. 903; Ord. No 948 , § 2, Exh. B, 6-3-2019)
21.70.140 Water Shortage Level 4—Critical Condition.
A. A Water Shortage Level 4 condition is also referred to as a " Critical Water Shortage " condition.
Level 4 shall be declared when the City requires a demand reduction of 40 percent in order for the City of Del Mar to have maximum supplies available to meet anticipated demands from the ordinary demand requirement, as determined by the City.
B. When Level 4 is declared and in effect, metered customers of the City shall receive uninterrupted water delivery subject to the modified surcharge rate structure set as follows:
Meter Size Bimonthly Fixed Surcharge During Water Shortage Level 4:
7/1/19 1/1/20 1/1/21 1/1/22 1/1/23 1/1/24
5/8" $6.64 $6.94 $7.24 $7.56 $8.06 $8.56
3/4" 9.96 10.40 10.86 11.34 12.10 12.84
1" 16.60 17.34 18.10 18.90 20.16 21.38
1 1/2" 33.20 34.68 36.18 37.78 40.30 42.74
2" 53.12 55.48 57.88 60.44 64.48 68.40
3" 106.22 110.94 115.74 120.86 128.94 136.78
4" 165.96 173.34 180.84 188.84 201.46 213.70
22nd DAA* 2,124.18 2,218.54 2,314.68 2,416.94 2,578.68 2,735.28 *One 8" meter and two 10" meters
Volumetric Surcharge applied to all units of usage by all customer classes.
Volumetric Surcharge During Water Shortage Level 4:
7/1/19 1/1/20 1/1/21 1/1/22 1/1/23 1/1/24
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(Supp. No. 7)
$0.66 $0.69 $0.72 $0.76 $0.81 $0.86
C. The water usage reductions and other conditions established in Level 1, Level 2, and Level 3 will remain in place. Additional demand reduction measures will be established by the City Council and implemented.
(Ord. No. 816; Ord. No. 828; Ord. No. 903; Ord. No 948 , § 2, Exh. B, 6-3-2019)
21.70.150 Water Shortage Level 5—Emergency Condition.
A. A Water Shortage Level 5 condition is also referred to as a "Water Shortage Emergency" condition. A Level 5 shall be declared when the City requires a demand reduction of 50 percent in order for the City of Del Mar to have maximum supplies available to meet anticipated demands from the ordinary demand requirement, as determined by the City.
B. The water usage reductions and other conditions established in Level 1, Level 2, Level 3, and Level 4 will remain in place. Additional demand reduction measures will be established by the City Council and implemented.
21.70.160 Water Shortage Level 6—Catastrophic Condition.
A. A Water Shortage Response Level 6 condition is also referred to as a "Catastrophic Water Shortage" condition. Level 6 shall be declared when the City declares a water shortage emergency pursuant to California Water Code Section 350 which requires a demand reduction of greater than 50 percent in order for the City of Del Mar to have maximum supplies available to meet anticipated demands from the ordinary demand requirement, as determined by the City.
B. The water usage reductions and other conditions established in Level 1, Level 2, Level 3, Level 4 and Level 5 will remain in place. Additional demand reduction measures will be established by the City Council and implemented.
21.70.170 Wastewater Utility Rates During Water Shortage Conditions.
A. Wastewater customers are billed for sewer service based on their water usage. During water shortage periods, water usage will decline and threaten the fiscal stability of the wastewater utility. Therefore, during water shortage periods, wastewater charges will be calculated based on the assumption that sewer usage is the same as the commensurate month from the last nondrought fiscal year. Drought sewer charges will be lifted after one full year of non-drought consumption records can be established.
1. Residential. Sewer discharges will be estimated based on the assumed sewage usage during the last non-drought year.
2. Commercial. Sewer discharges will be estimated based on 90 percent of the water usage during the last non-drought year. A user may petition to have their sewer discharge (water usage) assumption lowered if their annual water demand drops below their non-drought 12 June 19, 2023 Item 06
Created: 2023-01-30 16:47:07 [EST]
(Supp. No. 7)
water demands by a level below the drought reduction levels plus an additional 20 percent.
As a user can meet the previously defined criteria, their sewage discharge assumptions will be lowered to the current water demands, adding back any water savings required under the drought requirements. As an example, if the drought reductions are 20 percent, and the user drops their water consumption by 45 percent, then the resulting sewer will be calculated based on 120 percent of the current water consumption.
3. Fairgrounds. Sewer commodity charges during drought conditions will be calculated based on the greater of (1) the rolling average of the past same bimonthly period during the last three fiscal years or (2) the actual metered sewage.
(Ord. No 948 , § 2, Exh. B, 6-3-2019)
21.70.180 Additional Conditions on Uninterrupted Delivery.
In accordance with California Government Code § 53756, the rates posted above will be adjusted accordingly to account for any increases in the purchase cost of wholesale water, or increases in inflationary measure.
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Kseniia Izgarskaia, Associate Management Analyst
Monica Molina, Finance Manager/Treasurer
Via Ashley Jones, City Manager
DATE: June 19, 2023
SUBJECT: Agreement with Claims Management Associates, Inc. for General Liability Claims Management Services
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve a Professional Services Agreement with Claims Management Associates, Inc. (Attachment A) to provide general liability claims management and third-party adjustment services; and 2) Authorize the City Manager to execute the Agreement.
DISCUSSION/ANALYSIS:
The City’s risk management function is responsible for overseeing the insurance requirements of the City, managing the loss-control program, and handling all claims for damages made against the City. To assist staff with claims management and administration, the City utilizes a third-party adjustment company that provides the necessary level of specialized expertise in this area. Claims Management Associates, Inc. (CMA) have been providing claims management services to the City since 2008, and the current agreement is set to expire on June 30, 2023.
On April 26, 2023, the City issued a Request for Qualifications (RFQ 2023-04) soliciting proposals from qualified consultants to perform third-party claims management services.
During the solicitation period, four proposals were received from Carl Warren & Company, CMA, Copper Claim Services, and George Hills Company. The proposals were carefully evaluated by City staff based on experience, qualifications, and the quality of services delivered under prior contracts with the City (if applicable). Proposed costs and fees were also evaluated to ensure they were in line with current market rates for the services to be provided.
After a thorough review of the submitted proposals, CMA was identified by staff as having the strongest proposal and the firm best suited to meet the City’s current and future needs. CMA has over 20 years of experience providing claims management third-party adjustment services for numerous municipalities, including several cities in the San Diego region. In addition to providing an affordable fee structure, CMA has demonstrated excellent quality of services provided to the City under the current contract. 1 June 19, 2023 Item 07
City Council Agenda Report
Agreement for General Liability Claims Management Services June 19, 2023
If the recommended agreement is approved, the term for the requested services would be for an initial period of three years beginning July 1, 2023, and ending June 30, 2026, with an option to extend the agreement for an additional two-year period through June 30, 2028.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to the recommended action.
Funds for ongoing claims management services under the new agreement will be included in the Fiscal Year 2023-2024 and 2024-2025 Operating and Capital Budget. Currently, the City spends approximately between $8,000 to $15,000 on these services annually, depending on claim volume. Based on the proposed fees included in Exhibit B of the Attachment A, it is estimated that annual cost for services will remain approximately the same or increase slightly based on claim volume.
ENVIRONMENTAL REVIEW:
The proposed City Council action does not constitute a “project” under the definition set forth in the 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.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and not included on the City Council’s list of Goals and Priorities.
ATTACHMENTS:
Attachment A – Agreement with Claims Management Associates, Inc. 2 June 19, 2023 Item 07
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND CLAIMS MANAGEMENT ASSOCIATES, INC.
FOR GENERAL LIABILITY CLAIMS MANAGEMENT SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 1st day of July, 2023 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Claims Management Associates, Inc. (“Consultant”) (collectively “Parties”).
WHEREAS, the City desires to employ a consultant to provide general liability claims management and third-party adjustment services (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.
NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:
1. CONSULTING SERVICES.
1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.
1.2. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
2. DURATION OF AGREEMENT.
2.1 Term, Time for Performance. This Agreement shall be effective for a period of three (3) years beginning on July 1, 2023 and ending on June 30, 2026. The agreement may be extended for an additional two (2) year period, upon written approval of both parties.
Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
2.2 Delay. Any delay occasioned by causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services 3 June 19, 2023 Item 07
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when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.
2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default.
2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice. Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.
3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Consultant shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Consultant to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Consultant shall be delivered to the City Manager, upon his request, as property of City.
4. COMPENSATION.
4.1 Total Amount. Compensation to Consultant shall be provided in accordance with the rates described in the Fee Schedule contained in Exhibit “B.” Consultant shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.
4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with Scope of Services contained in Exhibit “A.” City and Consultant shall agree to the costs prior to commencement of such work.
5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.
6. STATEMENT OF EXPERIENCE. Consultant agrees that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with 4 June 19, 2023 Item 07
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public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. By executing this Agreement, Consultant represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City.
Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
7. AUDIT OF RECORDS.
7.1 At any time during normal business hours and as often as may be deemed necessary, the Consultant shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Consultant shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts, and shall ensure that these sections are binding upon all subcontractors.
8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.
9. CONFLICTS OF INTEREST.
9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.
9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a 5 June 19, 2023 Item 07
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Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.
9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Consultant’s relevant financial interests.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.
11. INSURANCE
11.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.
11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to nonpayment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.
11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
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11.3.3 Workers' Compensation. For all of the Consultant's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage.
The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.
11.3.4 Consulting Liability. Consulting liability (errors and omissions) coverage with a limit of $1,000,000 per claim. The Consultant shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this Agreement whichever occurs last. The Consultant agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the City's exposure to loss. All defense costs shall be outside the limits of the policy.
11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Consultant and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.
11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.
11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
12. DEFENSE AND INDEMNIFICATION.
12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its 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 Consultant, its employees, agents, and subcontractors performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its 7 June 19, 2023 Item 07
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elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.
12.2 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.
12.3 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend.
13. SUBCONTRACTORS.
13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.
13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement. The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.
13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.
14. NON-DISCRIMINATION. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places 8 June 19, 2023 Item 07
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available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.
15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.
If to City: If to Consultant:
City of Del Mar Claims Management Associates, Inc.
City Clerk Ed Garbo, President
1050 Camino del Mar 10755 Scripps Poway Parkway, #501
Del Mar, CA 92014 San Diego, CA 92131
[email protected] ___ [email protected]_
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.
17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.
18. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the county of San Diego, California.
Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.
To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this 9 June 19, 2023 Item 07
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Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Agreement.
21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.
22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.
23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.
24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortious conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.
27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 10 June 19, 2023 Item 07
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28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.
29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF DEL MAR,
a municipal corporation
By: ____________________________
Ashley Jones, City Manager
CLAIMS MANAGEMENT ASSOCIATES, INC.,
a California corporation
By: _______________________
Ed Garbo, President
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
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EXHIBIT “A”
SCOPE OF SERVICES
Consultant agrees to perform consulting services as required and requested by City for the role of as-needed Liability Claims Management Services. Consultant shall provide the following:
1. Basic Services:
Provide a designated claims team to manage claims assigned by the City. Promptly create a claim file upon receipt of the claim against City and ensure timely and responsible claim processing, including follow up with claimant(s) regarding claim issues.
Send acknowledgement letter to each claimant(s) advising them of the adjuster’s contact information and the expected response date.
Make prompt contact (within one business day) with claimant(s) or claimant’s attorney.
Conduct timely investigation of claim (within 30 days of the receipt of a claim, or sooner), including contact with City personnel and any witnesses within the first five days after receiving a new claim, documented with recorded statements, if possible.
Obtain all possible reports, photographs, and diagrams of the scene, and use video when appropriate.
Assess and evaluate the nature and extent of each claim, and establish claim reserves for indemnity, medical, and legal expenses at their most probable outcome, based on what is known about the claim at the time. Review reserves regularly at each diary interval and adjust as warranted by developments in the case. Evaluate sufficiency and timeliness of claim. Promptly input data into the claims management system.
Upon completion of investigation, recommend acceptance/rejection of submitted claims. Take immediate action to promptly settle claims within the authority granted by the City, where there is clear liability on the part of the City. Make claims recommendations and obtain the City’s authorization on all settlements prior to taking action to settle.
Ensure timely initial reporting (within 30 days of the receipt of a claim, or sooner), progress reports and claims documentation for all non-litigated claims by submitting information to City’s excess carrier or pool in accordance with the pool’s claims reporting policy.
Promptly identify subrogation, indemnity, and defense rights owed to City through contracts and additional insured endorsement. Tender and demand indemnification from responsible persons, agencies, and/or agents in an effort to recover losses suffered by City in connection with claims filed against City.
2. Data Services
Provide a computerized loss run and summary report for each month including all newly reported, open, and newly closed claims for the period. This report will be provided within fifteen (15) days of the month-end. This report will provide the following by claim year: monthly listing of open claims by date of loss, department, location, and alpha by name showing expense categories, reserves and total incurred.
Provide loss run data and required reports for actuarial, auditing and reserve analysis purposes.
Provide annual fiscal year report comparing City claim data over a ten-year period.
Report will provide trending information over time including types of claims, causes 12 June 19, 2023 Item 07
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of claims, City department responsible, how claim resolved, total cost of claim and outside legal defense costs.
Provide various responsive reports on demand, at no additional charge, such as claim frequency reports, i.e. by cause, site, City department, etc. Agree that all records, files, transcripts, computer tapes and other materials on claims adjusting activity developed on City claims is the property of City and shall be promptly relinquished and delivered in good order and condition upon termination of agreement at no additional cost to the City.
Attend meetings with City staff as reasonably requested. Cooperate with file and program audits with City-designated auditors. Be available to respond, potentially upon short notice, to major emergencies or catastrophes involving potential claims.
Provide monthly claims diary of all open files and enter review notes on claims management system.
Upon request, provide training to City managers, supervisors, and Council on general liability issues, loss control, management responsibilities, and practices to improve and prevent claims and control losses.
Consult with City on an ongoing basis to evaluate current practices and processes, trends, risks and exposures to reduce claim frequency and severity and resulting financial impact to City.
3. Special Requirements
Consultant shall be a licensed adjusting firm in the State of California. Consultant must provide a qualified back up adjuster in the event of absence of the designated adjuster.
Consultant shall conform to all applicable statutes, laws, regulations, and professional standards for such work.
Consultant shall maintain City of Del Mar business license. 13 June 19, 2023 Item 07
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EXHIBIT “B”
FEE SCHEDULE
Item Fee
A. Hourly Rate – inclusive of:
Telephone Costs
Office Expense
Clerical work including word processing and stenography Photocopies
Mileage
Photographs
B. Minimum billing time is one (1) hour. Files with less than one hour of incurred time at closure will not be billed to the City.
C. Costs such as non-ordinary investigative services, independent medical examinations, professional engineering services, laboratory tests, professional photography, statement transcriptions and special delivery charges etc. will be billed at cost with copy of vendor invoice attached to client statement. These services will require advance City approval. $79.50/hour
Monthly loss run reports $125/report
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City of Del Mar
Agenda Report
______________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Monica Molina, Finance Manager/Treasurer
Kseniia Izgarskaia, Associate Management Analyst
Nestor Machado, Management Analyst
Via Ashley Jones, City Manager
DATE: June 19, 2023
SUBJECT: Second Amendment to Agreement with CliftonLarsonAllen LLP for Professional Audit Services
REQUESTED ACTIONS/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve the Second Amendment to the Agreement (Agreement) between the City of Del Mar and CliftonLarsonAllen LLP (Attachment A) for professional auditing services, extending the Agreement for an additional two-year period ending June 30, 2025; and 2) Authorize the City Manager to execute the Second Amendment.
DISCUSSION/ANALYSIS:
Pursuant to statutory requirements, the City is obligated to undergo annual financial audits to fulfil its governance and oversight responsibilities in relation to financial reporting, internal control structure, risk management systems, and ethical accountability.
On June 1, 2020, the City of Del Mar entered into a three-year agreement (Attachment B) with White Nelson Diehl Evans LLP to provide professional audit services. Due to the subsequent merger of White Nelson Diehl Evans LLP by CliftonLarsonAllen LLP (CLA), on June 21, 2021, the City and CLA entered into the First Amendment to the Agreement (Attachment C) to formalize the name change. The current agreement between the City and CLA is set to expire on June 30, 2023.
Section 2.1 of the Agreement allows for a two-year extension to the Agreement upon agreement of the parties and contingent upon satisfactory performance by the Consultant. During the initial term of the Agreement, CLA has provided high quality services to the City and performed at a highly satisfactory level. For this reason, staff is proposing to extend the term of the Agreement for an additional two-year period ending on June 30, 2025.
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City Council Agenda Report
Second Amendment to Audit Services Agreement
June 19, 2023
CLA has provided high level services to the City to examine the financial statements of the governmental activities, business-type activities, each major fund, and the aggregate remaining fund information of the City, as well as the City’s financial records for each of the past three fiscal years. Following the audits, CLA has also provided the City with standard reports and notes on basic financial statements. To date, CLA has provided the City with audit reports that are free of material misstatements and consistent with Generally Accepted Accounting Principles (GAAP).
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council for this agenda item. Funds for the auditing services for Fiscal Years 2023-2024 and 2024-2025, which total approximately $50,000 annually, are included in the two-year budget proposal for Council’s consideration on June 19, 2023.
ENVIRONMENTAL IMPACT:
The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not included in the City Council’s list of Goals & Priorities.
ATTACHMENTS:
Attachment A – Second Amendment to Agreement
Attachment B – Original Agreement with White Nelson Diehl Evans LLP for Professional Audit Services
Attachment C – First Amendment to Agreement
2 June 19, 2023 Item 08
SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DEL MAR
AND CLIFTONLARSONALLEN LLP
FOR PROFESSIONAL AUDITING SERVICES
THIS SECOND AMENDMENT to the Agreement (Second Amendment) is made and entered into effective the 1st day of July 2023, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and CliftonLarsonAllen LLP (“Consultant”) (collectively “Parties”).
RECITALS
WHEREAS, on June 1, 2020, the City and Consultant entered into an Agreement (Agreement), by which the City and Consultant established the terms and conditions for providing professional auditing services for a three-year period terminating June 30, 2023 and
WHEREAS, on June 21, 2021, the City and Consultant entered into the First Amendment to the Agreement to reflect the firm’s name change from White Nelson Diehl Evans, LLP to CliftonLarsonAllen LLP; and
WHEREAS, the Parties now desire to extend the term of the Agreement for an additional two-year period as provided for in Section 2.1; and WHEREAS, the Second Amendment is necessary in order to extend the term of the Agreement.
NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:
Section 1. Section 2.1 of the Agreement is amended as follows:
2. DURATION OF AGREEMENT
2.1 Term, Time for Performance. The term of the Agreement is for a period commencing on June 1, 2020 and terminating June 30, 2025 (“Termination Date”) unless terminated earlier as set forth herein.
Section 2. Except as otherwise provided in this Second Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.
[SIGNATURES ON THE FOLLOWING PAGE]
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City of Del Mar
Second Amendment to Professional Audit Services Agreement
IN WITNESS WHEREOF, the parties have caused this Second Amendment to be effective as of the date first written above.
CITY OF DEL MAR,
a municipal corporation
By:
Ashley Jones, City Manager
CliftonLarsonAllen, LLP
By:
Nitin P. Patel, Engagement Partner
ATTEST:
By:
Nestor Machado, Acting City Clerk
APPROVED AS TO FORM:
By:
Leslie E. Devaney, City Attorney
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Emily Torres, Management Analyst
Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: June 19, 2023
SUBJECT: Agreement for As-Needed Public Information, Communication, and Outreach Services
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve a professional services agreement with Adam Kaye Communications (Attachment A) to provide as-needed public information, communication, and outreach services for an initial three-year period effective July 1, 2023, through June 30, 2026; and 2) Authorize the City Manager to execute the agreement.
DISCUSSION/ANALYSIS:
The City contracts with an outside consultant for as-needed public information, communication, and outreach services, which is currently provided by Adam Kaye Communications.
Services provided under the agreement include effectively overseeing the City’s on-going Communications Plan and creating comprehensive, strategic, innovative, and effective communications to keep the public informed and increase civic engagement for City programs, projects, and meetings/workshops. Typical services provided under the agreement include: assisting with updates to the City’s website, publication of electronic news articles, Del Mar Weekly electronic newsletter publications, daily social media posts, collaboration with Del Mar TV on public service announcement videos, and assistance with press releases and speaking points.
To ensure that the City continues to receive high quality services at competitive rates, the City issued a Request for Qualifications (RFQ 2023-03) on April 19, 2023, soliciting statements of qualifications (SOQs) from qualified firms to provide as-needed public information, communication, and outreach services. Four firms submitted SOQs in response to the RFQ, including: Kleinfelder Construction Services, NBS (CivicMic), Adam Kaye Communications, and Murakawa Communications.
The SOQs were carefully evaluated by City staff based on experience and qualifications.
Proposed costs and fees were also evaluated to ensure they were in line with current market 1 June 19, 2023 Item 09
City Council Agenda Report
Agreement for As-Needed Public Information, Communication, and Outreach Services June 19, 2023
________________________________________________________________________________________________________ City Council Action:
rates for the services to be provided and to provide a comparison of costs between firms that submitted SOQs.
Based on the review of the SOQs submitted by the responsive firms, staff determined that Adam Kaye Communications, the City’s current service provider, is the most qualified consultant to meet the City’s current and future needs. Adam Kaye Communications has a proven track record of providing a high level of service to the City of Del Mar, offers highly competitive rates, and is an industry communications expert with a unique understanding of the City’s operations.
Adam Kaye Communications has worked with the City to create and continuously promote a communications voice that is conversational and knowledgeable, while effectively providing quality information to the public. Adam Kaye Communications has built strong relationships with staff and Del Mar residents and has been highly responsive to accept assignments at unusual hours and publish information quickly and reliably. His understanding of City policies, initiatives and intergovernmental relations makes him uniquely qualified to remain as the City’s communications consultant.
Staff recommends that the City Council approve the Agreement (Attachment A) with Adam Kaye Communications for an initial three-year period beginning July 1, 2023, through June 30, 2026, with the option to extend the agreement upon satisfactory service for an additional two-year period. The fee schedule included as Exhibit B of the Agreement reflects a rate of $75/hour.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. Sufficient funds for as-needed public information, communication, and outreach services are available in the Fiscal Years 2023-2024 and 2024-2025 Operating and Capital Budget, which total approximately $49,500 annually. Funds for these services will also be included in future fiscal year operating and capital budgets for Council consideration.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not included in the City Council’s list of Goals & Priorities.
ATTACHMENTS:
Attachment A – Professional Services Agreement with Adam Kaye Communications 2 June 19, 2023 Item 09
Attachment A
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND ADAM KAY COMMUNICATIONS
FOR AS-NEEDED PUBLIC INFORMATION, COMMUNICATIONS,
AND OUTREACH SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 1 st day of
July, 2023 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Adam Kaye Communications (“Consultant”) (collectively “Parties”).
WHEREAS, the City desires to employ a consultant to provide as-needed public information, communications and outreach services (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.
NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:
1. CONSULTING SERVICES.
1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.
1.2. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
2. DURATION OF AGREEMENT.
2.1 Term, Time for Performance. This Agreement shall be effective for an initial period of three (3) years beginning July 1, 2023, through June 30, 2026. Upon satisfactory performance and written agreement of both parties, the Agreement may be extended for an additional two (2) year period.
Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
2.2 Delay. Any delay resulting from causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when 3 June 19, 2023 Item 09
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As-Needed Public Information, Communications & Outreach Services Attachment A
justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.
2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default.
2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice.
Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.
3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Consultant shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Consultant to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Consultant shall be delivered to the City Manager, upon his request, as property of City.
4. COMPENSATION.
4.1 Total Amount. Compensation to Consultant shall be provided in accordance with the fee schedule contained in Exhibit “B.” Consultant shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.
4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with Scope of Services contained in Exhibit “A.” City and Consultant shall agree to the costs prior to commencement of such work.
5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.
6. STATEMENT OF EXPERIENCE. Consultant agrees and represents by executing this Agreement, that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily 4 June 19, 2023 Item 09
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As-Needed Public Information, Communications & Outreach Services Attachment A
adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
7. AUDIT OF RECORDS.
7.1 At any time during normal business hours and as often as may be deemed necessary, the Consultant shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Consultant shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts and shall ensure that these sections are binding upon all subcontractors.
8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.
9. CONFLICTS OF INTEREST.
9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.
9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.
9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position 5 June 19, 2023 Item 09
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As-Needed Public Information, Communications & Outreach Services Attachment A
specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Consultant’s relevant financial interests.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.
11. INSURANCE
11.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.
11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.
11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
11.3.3 Workers' Compensation. For all of the Consultant's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage. The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.
11.3.4 Consulting Liability. Consulting liability (errors and omissions) coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Consultant shall ensure both that (1) the policy retroactive date is on or before the date of commencement of 6 June 19, 2023 Item 09
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As-Needed Public Information, Communications & Outreach Services Attachment A
the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this Agreement whichever occurs last. The Consultant agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the City's exposure to loss. All defense costs shall be outside the limits of the policy.
11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Consultant and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.
11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.
11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
12. DEFENSE AND INDEMNIFICATION.
12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its 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 Consultant, its employees, agents, and subcontractors performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's selfadministered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.
12.2 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion 7 June 19, 2023 Item 09
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As-Needed Public Information, Communications & Outreach Services Attachment A
determine whether such assurances are reasonable.
12.3 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend.
13. SUBCONTRACTORS.
13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.
13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement. The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.
13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.
14. NON-DISCRIMINATION. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this nondiscrimination clause.
15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.
If to City: If to Consultant:
City of Del Mar Adam Kaye Communications
City Clerk Adam Kaye, Principal
1050 Camino del Mar 703 Teaberry Street
Del Mar, CA 92014 Encinitas, CA 92024
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.
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17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.
18. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the county of San Diego, California.
Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.
To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Agreement.
21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.
22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.
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23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.
24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortious conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.
27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.
29. 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.
10 June 19, 2023 Item 09
Professional Services Agreement
As-Needed Public Information, Communications & Outreach Services Attachment A
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF DEL MAR,
a municipal corporation
By: ____________________________
Ashley Jones, City Manager
ADAM KAYE COMMUNICATIONS
By: _______________________
Adam Kaye, Principal
ATTEST:
________________________________
Nestor Machado, Acting City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
11 June 19, 2023 Item 09
Professional Services Agreement
As-Needed Public Information, Communications & Outreach Services Attachment A
EXHIBIT “A”
SCOPE OF SERVICES
MEDIA FREQUENCY NOTES
Facebook/Twitter Monitor sites daily;
post at least 5
times/week
Enhance content posted to City website with images and links to reports and articles that are significant and
engaging.
Increase followers by providing quality and engaging content. Encourage and provide avenues for engagement with city hall by posting regarding events, public comment opportunities, and outreach.
Manage Facebook and Twitter link buttons to footers of Web pages and ensure they are always working and troubleshoot if they are not up to standard.
City Website Publish fresh and
engaging content as
often as possible
Ensure City website hosts all news releases, notices and announcements regarding City communications and provide clickable icons and links for social media and newsletters. Quality social media posts can be repurposed for City website and newsletter content as consultant sees fit.
City website refresh
and redesign
As needed At the discretion of IT staff, Web site contractor (CivicPlus) and management staff, Consultant shall supervise project to refresh and redesign Web site to improve its appearance, navigation and functionality.
Provide oversight and monitoring of website to provide suggestions to update website, if needed, in between refresh with CivicPlus.
CivicSend Notices As needed Consultant shall receive basic info from project managers to compose and publish informative notices.
Repurpose notices, as needed, for publication as
printed handouts, mailers or utility bill inserts, social media posts and news releases for City CivicSend.
Newspapers, TV,
radio, Web
Daily Monitor all media for relevant coverage of City information and communications. Send links to staff as appropriate.
Collateral Materials As needed Work with staff to design and produce fliers, mailers, handouts, display boards and other materials for City presentations, meetings, events, and/or important public information.
Formal letters As needed Assist City staff in drafting formal letters to residents, governing boards, regulators, government executives, etc. Prepare for the signature and review of management staff.
Speeches As needed Compose talking points for management staff as needed for public speeches and engagements.
Media coaching As needed Provide coaching, strategy, and a sounding board for executive staff on pertinent political issues.
Community
Conversations/
meetings and
events
Quarterly Schedule and coordinate events, provide production and staff support, liaise with staff, hosts and volunteers. Promote events on all in-house digital channels and with printed flier for distribution by host and volunteers.
Telephone, e-mail As needed Serve as a primary point of contact and liaison to residents, the press and city departments on all matters of
communications.
Del Mar Branding On-going, As
needed
Work with DMVA and City staff to continue promoting of Del Mar branding (Torrey Pine Logo), promote on all in- house channels and with press releases and news conferences.
12 June 19, 2023 Item 09
Professional Services Agreement
As-Needed Public Information, Communications & Outreach Services Attachment A
Video content As often as possible Work with DMTV to produce short and informative videos for broadcast and publication on in-house digital channels. Use content to post and bolster the city's YouTube page for viewing.
Press releases As often as possible Craft press releases using the journalistic, inverted-pyramid style of storytelling, with the Who, What, When, Where and Why answered in the lead paragraphs.
Include a headline and direct quotes.
Write the story so it can by copy-pasted right onto the pages of a newspaper or a TV script.
Del Mar Weekly
(Electronic
newsletter)
Weekly, and asneeded quarterly
larger enewsletter post
Write and publish the weekly electronic newsletter, Del Mar Weekly, that covers all aspects of City business
with stories, photographs, and links to all/more relevant information (Current Del Mar Weekly site linked above). Include contact info for departments and community groups in weekly posting, as-needed.
Always encourage and provide avenues to engage with City Hall through the weekly posting.
Write and publish a larger electronic newsletter posting quarterly that summarizes City business over the specified time period to provide highlight to important information.
Newspaper
commentaries
As needed 500-word opinion pieces drafted for the byline of the city manager, or other senior staff members, that speak to an issue or City program and explain why it's important and why the public should be invested in said issue or City program. 13 June 19, 2023 Item 09
Professional Services Agreement
As-Needed Public Information, Communications & Outreach Services Attachment A
Exhibit “B”
Fee Schedule
TASK RATE
All tasks identified in Exhibit “A”, Scope of
Services at estimated 55 hours/month
$75/hour
14 June 19, 2023 Item 09
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Emily Bernardo, IT Manager
Via Ashley Jones, City Manager
DATE: June 19, 2023
SUBJECT: Approval of Lease and Maintenance Agreements with Canon USA, Inc. C/O Signa Digital Solutions, Inc. for a new Canon Multi-Function Device REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council authorize the City Manager to execute a sixty (60) month lease (Attachment A) and maintenance agreement (Attachment B) with Canon USA, Inc. C/O Signa Digital Solutions, Inc. for a new Canon Color Multi-function Device (MFD) for City Hall.
DISCUSSION/ANALYSIS:
The City’s current Canon Color MFD is the primary high-volume production machine at City Hall used to produce City Council, Design Review Board, and Planning Commission agenda packets, public notices, and high-volume scanning, etc. The product features and performance, along with Signa’s support and expertise, allowed the City to streamline the agenda packet processing workflow significantly over the years. It is in the City’s best interest to stay with the Canon product line, as many of the City’s workflows are dependent on its features. In addition, the City has several other smaller Canon MFDs that provide a consistent user interface that is familiar to staff and easy to use.
The City entered into a 60-month lease and maintenance agreement for a Canon Color MFD (model iR ADV C7580 PRO) in June 2017. The lease term ended in June 2022; however, the City opted to renew the lease for an additional year as the device continued to perform adequately and the recommended replacement model (Canon imagePRESS Lite C270) was brand new at the time. The replacement model has been on the market for over a year and has proven to be a reliable model. The Canon Color C270 MFD will offer the same familiar user interface and functionality, with improved performance, security features and energy savings.
Signa Digital Solutions is an authorized Canon dealer and maintenance provider certified for procurement with the State of California to provide services under the California Participating Addendum 7-19-70-46-01 to the NASPO ValuePoint Contract #140595 between the State of Colorado (lead state) and Canon USA, Inc.(Attachment C). Signa 1 June 19, 2023 Item 10
Canon MFC Lease and Maintenance Agreement
City Council Agenda Report
June 19, 2023
Digital Solutions has been providing service and support for the City’s leased MFDs since 2012. The support agreement includes parts, labor, toner, on-site training, technical support, and four-hour response time for service calls. Signa Digital Solutions has been a valuable and reliable service provider to the City over the years and it is not practical or in the City’s best interest to change MFD support providers at this time.
The annual cost for the Canon Color C270 MFD lease is $9,476 per year and $47,380 for the 60-month contract term. The annual cost for the supply and maintenance contract with Signa Digital Solutions is $4,860 and $24,300 for the 60-month contract term. The lease terms, per the NASPO ValuePoint contract, include a non-appropriation of funds clause that allows the City to cancel the lease agreement if funding is not available in the future. (See Leasing Terms & Conditions 4.5.8 F in Attachment C.) Pricing and contract terms are based on the NASPO ValuePoint Contract #140595 – Copiers and Managed Print Services between the State of Colorado (lead State) and Canon USA, Inc. The California Department of General Services, Procurement Division (DGS-PD) has established California Participating Addendum contracts with individual contractors, including Canon USA, Inc., for use of the NASPO ValuePoint Copiers & Managed Print Services Master Agreement. NASPO ValuePoint is a competitively bid, cooperative purchasing program. This contract provides favorable terms for leasing and maintenance including discounted pricing, free delivery, and installation. Del Mar Municipal Code Section 7.04.090 G allows the City to use a vendor awarded a contract by another public agency if that agency contracted for goods or services through a competitive process.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council as part of this agenda item. There are funds included in the proposed FY 2023-24 and 2024-25 operating budgets to cover the cost of the equipment lease and maintenance services, which together total $14,336 annually. Future lease and maintenance costs will be budgeted in their respective fiscal years.
ATTACHMENTS:
Attachment A: NASPO ValuePoint Master Agreement Lease Terms Attachment B: Maintenance Agreement
Attachment C: California Participating Addendum
Attachment D: Proposal
2 June 19, 2023 Item 10
Attachment A
To view the complete NASPO ValuePoint Agreement, visit: https://www.naspovaluepoint.org/portfolio/copiers-managed-printservices-2019-2024/canon/ 3 June 19, 2023 Item 10
4 June 19, 2023 Item 10
5 June 19, 2023 Item 10
6 June 19, 2023 Item 10
7 June 19, 2023 Item 10
8 June 19, 2023 Item 10
Signa Digital Solutions
8525 Camino Santa Fe Suite H
San Diego , CA 92121
City of Del Mar Date 5/24/2023
1050 Camino Del Mar Buyer
Del Mar CA 92014 P.O. #
Sales Rep Lisa Morales
Contact: Billing Contact:
Phone/Fax: (858) 755-9313 Phone/Fax: 856-213-1000
Purchase Order:
Account Type: 60 Monthly Payment: $726.13
B/W CPP 0.009 Color CPP 0.045 10000 Color Base 7000
B/W Printer CPP 0 Color Printer CPP 0 0 Color Printer Base 0 Quantity Product # Unit Price Total Price
1 5589C002AA Lease Lease
1 0162C002AA
1 1266V426
1 0165C001AA
1 5224C001AA
1 5738B002AA
1 5593C006AA
1 3998C001AA
Subtotal Lease
Delivery Time Stairs/Count Elevator Connected Sales Tax Lease N Y Y Delivery/Installation Included
TOTAL AMOUNT Lease
Less Payment (Check #_____)
AMOUNT DUE Lease
Print Name Date
Ashley Jones
Warranty/Maintenance Agreement
Customer Acceptance Dealer Representative
Authorized Signature/Date Title Signature
The terms and conditions appearing on the face and reverse side of this agreement correctly set forth the entire agreement between the parties. The terms and conditions contained on the reverse side of this agreement include limitations of warranty, exclusion of consequential and other special damages and other limitations of liability. Customer acknowledges by its signature that it has read and understands it and that it constitutes the entire agreement, understandings, and representations, express or implied, between customer and Dealer, with respect to hardware, supply, media, or documentation furnished or to be furnished hereunder and that this agreement supersedes all prior communications between the parties including all oral or written proposals. By executing this agreement, I acknowledge that I have read and understand this agreement and certify that I am authorized to execute this agreement on behalf of customer.
For P.O. Naspo Contract #140595
City Manager
Special Payment Terms & Due Dates
imagePRESS Lite C270 208V Puncher Unit-BS1(2/3H) <4>
imagePRESS Lite C270 208V Staple Finisher-AG1 Set<1><2> imagePRESS Lite C270 208V Super G3 FAX Board-AX1
imagePRESS Lite C270 208V Paper Deck Unit-E1 <4>
Delivery Type
Lease Months:
Approx Delivery Date:
City of Del Mar Canon Financial Services
1050 Camino Del Mar
Del Mar, CA 92014
Sales Order Agreement
Ship To Bill To
Comments/Special Instructions
Delivery Instructions
158 Gaither Dr.
Emily Bernardo
Mount Laurel, NJ 08054
imagePRESS Lite C270 208V Utility Tray-B1
imagePRESS Lite C270 208V USB Key Board (Cherry) <10>
Description
imagePRESS Lite C270 208V imagePRESS Lite C270 208V <1> B/W Base
B/W Printer Base
(858) 755-2794
imagePRESS Lite C270 208V Paper Folding Unit-K1 <5>
Yes No
9 June 19, 2023 Item 10
Signa Digital Solutions Terms and Conditions
1. Acceptance by SDS of contract: References made to “SDS” shall mean Signa Digital Solutions Inc. Machines sold by SDS are eligible for a service contract immediately upon the expiration of the warranty period. If service contract is requested at any other time, machine must first be inspected by SDS. Customer shall bear any and all costs necessary to bring machine up to specifications. Machines not sold initially by SDS which are accepted for a service contract after inspection is not covered for parts the first 45 days. Invoices shall be due and payable by the customer for all equipment, accessories, supplies or maintenance purchased pursuant to this agreement (The “Goods and Services”), within the time period specified on the front side of this document. Customer shall pay all applicable sales tax, installation and freight charges. If customer fails to make any payment when due, there will be a service charge of five percent (5%) of the total amount due, together with an interest rate of one and one-half percent (1 ½%) of the total amount due or the maximum legal rate allowed by law, whichever is less. Customer shall pay a $20.00 service charge on any and all returned checks.
Customer shall pay all collection expenses incurred by SDS, including but not limited to, court, attorneys and accounting fees, if required.
2. Taxes. Customer shall be responsible for all sales tax, use tax or other taxes (including without limitations personal property taxes assessable on the equipment) and fees charged relative to this agreement. Customer agrees to reimburse SDS for all amounts paid or payable by SDS in discharge of the forgoing taxes. Customer shall not be responsible for taxes based on SDS's gross or net income.
3. Default. If Customer is in default of any term or condition, seller may cancel this agreement in whole or part at any time upon ten- (10) day’s written notice. If seller cancels the agreement the agreement will be prorated based upon the unused portion of the term of the agreement. Any amount due to seller will be invoiced and is payable upon receipt. Any amounts due to the customer will be applied to any unpaid invoices prior to refund.
4. Business Purpose. Customer warrants and represents that the goods will be used for business purposes, and not for personal, family, or household purposes.
5. Availability. Customer agrees that the goods are subject to availability and seller reserves the right to substitute models of like specification if practicable. Seller may cancel any order or any part of an order without cause at any time and without penalty, and seller’s sole obligation shall be to return any down payment paid by customer. If parts become unavailable for discontinued equipment, seller reserves the right to delete said equipment in accordance with the terms of this agreement.
6. Delivery and Installation. Seller shall use its standard packaging. Seller shall choose the method of delivery; seller reserves the right to deliver the goods in installments. Customer will pay an invoice when due, without regard to delivery or non-delivery of subsequent installments. Delay in delivery of any installments shall not relieve customer of its obligations to accept remaining installments. Equipment shall be installed in accordance with manufacture’s specification. At customers sole cost and expense, customer shall insure that equipment is placed in an environment that conforms with the manufacturer’s specifications and requirements and will bear all costs and expenses for any additional necessities required for installation such as telephone and electrical wiring, remodeling, and noise and power filters. Any electrical work external to the equipment (i.e. associated peripheral equipment, power, transmission and phone lines) and equipment line cord is not covered by this agreement. 10 June 19, 2023 Item 10
Signa Digital Solutions
8525 Camino Santa Fe Suite H
San Diego , CA 92121
Date 5/24/2023
Customer #
Representative Lisa Morales
Contact:
Meter Contact:
Meter Method:
E-Mail [email protected]
Base Rate Base Allowance Base Billed Base Amount Overage Overage Billed B/W 0.009 30000 Quarterly $270.00 0.009 Quarterly
Color 0.045 21000 Quarterly $945.00 0.045 Quarterly
B/W Printer 0 0 $0.00
Color Printer 0 0 $0.00
B/W Start
Meter Color Start Meter
Date
imagePRESS Lite C270 208V Utility Tray-B1
imagePRESS Lite C270 208V Puncher Unit-BS1(2/3H)
1050 Camino Del Mar
Installation and Service Agreement Options
Contract Length (months):
Contract Start Date:
imagePRESS Lite C270 208V imagePRESS Lite C270
imagePRESS Lite C270 208V Paper Deck Unit-E1 <4>
Premium Color: Includes parts and labor, drums and developer, toner for Color copiers. Does not include paper,s imagePRESS Lite C270 208V Staple Finisher-AG1 Set
imagePRESS Lite C270 208V USB Key Board (Cherry)
Billed with Lease: No
60 Upon Delivery
ID Number
City of Del Mar
Service Agreement
City of Del Mar
1050 Camino Del Mar
imagePRESS Lite C270 208V Super G3 FAX Board-AX
Appropriate categories must be initialed by the client in the box to the left of the option.
Del Mar, CA 92014 Del Mar,CA 92014
Emily Bernardo
(858) 755-2794
Make/Model Serial Number
PLACE YOUR LOGO HERE
Ship To Bill To
imagePRESS Lite C270 208V Paper Folding Unit-K1 <5
Chris or Emily
Imageware Remote
If wide-format, billing is per Square foot / Linear Foot Maintenance Type:
Authorized Signature/Date
Ashley Jones
By executing this agreement, I acknowledge that I have read and understand this agreement and I certify that I am authorized to execute this agreement on behalf of customer.
Authorized signature acknowledges terms / conditions and expiration dates or meter readings. The terms and conditions on the face and reverse side of this agreement correctly set fourth the entire agreement between parties.
City Manager
Customer Acceptance Dealer Representative
Print Name Title Signature
11 June 19, 2023 Item 10
Terms and Conditions
1.GENERAL SCOPE OF COVERAGE
This Agreement covers both the labor and the material for adjustments, repairs and replacement of parts as required by normal use of the equipment, subject to the exceptions in and in accordance with these terms and conditions. This Agreement does not cover performing electrical work external to machines, maintaining other devices not authorized by Signa Digital Solutions, Inc and or its supplier(s), painting or refinishing machines, making specification changes, adding or removing accessories, attachments or other devices, or providing service which shall be impractical for Signa Digital Solutions, Inc representatives to render because of alterations in the machines or their connection by mechanical or electrical means to other machines or devices. Damage to the equipment or its parts that is not arising out of or caused by (i) Signa Digital Solutions, Inc.’s or its representatives’ misuse, abuse, or negligence, or (ii) the attachment of unauthorized component accessories or parts, use of substandard supplies or other causes beyond the control of Signa Digital Solutions, Inc are not covered by this Agreement. In addition, Signa Digital Solutions, Inc may terminate this Agreement if the equipment is modified, damaged, altered or serviced by personnel other than those employed by Signa Digital Solutions, Inc, or if parts, accessories or components not authorized by Signa Digital Solutions, Inc or its suppliers are fitted to the equipment. Signa Digital Solutions, Inc agrees to use its best efforts to perform the services covered by this agreement in a professional manner and in accordance with (a) the standards of care and diligence practiced by recognized organizations in performing services of a similar nature at the time the services are performed, (b) the terms and conditions of this agreement, and (c) all applicable laws.
2.SERVICE CALLS
Service calls under this Agreement will be made during normal business hours (i.e., Monday – Friday, 8:00 am – 5:00 pm) at the installation address shown on the reverse side of this Agreement. Travel and labor time for service calls after normal hours, on weekends and on holidays if and when available, will be charged at overtime rates in effect at this time the service call is made. Signa Digital Solutions, Inc representatives will not handle, disconnect or repair unauthorized attachments or components: customer is responsible for disconnecting and re-connecting unauthorized attachments or components. Customer hereby indemnifies and holds Signa Digital Solutions, Inc and its employees harmless for claims for damages to any unauthorized parts, components or accessories resulting from service performed on equipment supplied by Signa Digital Solutions, Inc. If other than Signa Digital Solutions, Inc representatives shall at any time perform repair or maintenance service on any of the machines, Signa Digital Solutions, Inc may, if in its reasonable opinion the cost of maintenance thereof will be substantially increased, discontinue service for such machine hereunder if Customer refuses to pay any increased cost of servicing such machine. Service for any machine discontinued hereunder would thereafter be furnished, if requested, at Signa Digital Solutions, Inc established time and material charges therefore then in effect with respect to any increased cost of servicing such machine.
3.EXTENT OF LABOR SERVICES
Labor performed during a service call includes any and all labor necessary for the equipment to operate as intended by its manufacturer, including lubrication and cleaning of the equipment and the adjustment, trouble-shooting, repair or replacement of parts described in paragraph
4.REPAIR AND REPLACEMENT OF PARTS
All parts necessary to the operation of the equipment, with the exception of the parts listed below, and subject to the general scope of coverage, will be repaired or replaced free of charge during a service call included in the maintenance service provided by this Agreement. Exceptions are:
Cassettes (Paper), Document Feeder Cover and Belts, "Cosmetic" Parts Parts furnished under this agreement will be furnished on an exchange basis under which replaced parts become the property of Signa Digital Solutions, Inc. The parts furnished will be new parts or parts equivalent to new if new parts are not available.
5.RECONDITIONING
Rebuilding or major overhauls are not covered by this Agreement. In addition, when in its sole discretion Signa Digital Solutions, Inc determines that a reconditioning is necessary, as a result of expected wear and tear of materials and age factors caused by normal office environment usage, in order to keep the equipment in working condition, Signa Digital Solutions, Inc will submit to customer an estimate of needed repairs and their cost, which will be in addition to the charge payable under this Agreement. If the customer does not authorize such reconditioning, Signa Digital Solutions, Inc may discontinue service of the equipment under this agreement, refunding the unused portion of the maintenance charge, or may refuse to renew this Agreement upon its expiration. Thereafter, Signa Digital Solutions, Inc will make service available on a "Per Call" basis at published rates in effect at the time of service.
6.TERM
This Agreement shall become effective upon receipt by Signa Digital Solutions, Inc. Subject to Section 9 (Non-Performance) below, the maintenance charge provided on the reverse side of this Agreement shall continue for term specified or the maximum number of copies shown on the reverse aide of this Agreement, whichever occurs sooner.
7.CHARGES
The initial annual charge for maintenance under this Agreement shall be the amount set forth on the reverse side of this Agreement. The annual maintenance charge with respect to any renewal term will be the charge in effect at the time of renewal. Customer agrees to pay the total of all charges for maintenance during the initial term and any renewal term within 30 days of the date the Signa Digital Solutions, Inc invoice for such charges is received by Customer. Customer understands that alterations, attachments, specification changes, or use of substandard supplies that cause excessive service calls, may require an increase in maintenance charges and agrees to pay such charges promptly when due. If equipment is moved to a new service zone, the supplier shall have the option to charge and the customer agrees to pay the difference in published maintenance charges between the current zone and the new zone, such charges to be assessed on a prorate basis. If equipment is moved beyond supplier's published service zones, customer agrees to pay a fair and reasonable up-charge for continued maintenance under this Agreement, taking into account the distance to customer's new location and the published rates of supplier’s service on a "Per Call" basis. If specification changes are made in the machines or accessories, or if attachments or other devices are added or removed, Signa Digital Solutions, Inc may, reasonably adjust the maintenance charges on the machines and will provide Customer with written notice of any such adjustment within 30 days. If equipment is moved out of Signa Digital Solutions, Inc service area, this contract will cease.
Service charges are based on standard 8.5 X 11 images. Signa reserves the right to assess additional images charges for non-standard, including 11X17 images. Customer acknowledges that pricing based on prevailing rates at the time of contract. Unless otherwise expressively agreed to in writing, if the term of any service order exceeds 12 month, the periodic service charges and the cost of additional images may be increased by Signa up to 10% annually for each year beyond the initial 12-month period, and customer expressly consents to such adjustment without additional notice.
8.BREACH OR DEFAULT
If the customer does not pay all charges for maintenance or parts as provided under this Agreement, promptly when due, and within 15 days written notice of non-payment: (1) Signa Digital Solutions, Inc may (a) refuse to service the equipment or (b) furnish service on a C.O.D "Per Call" basis at a published rates in effect at this lime of service.
9.Return Policy
All sales are subject to Signa’s Return & Exchange Policy. Return and exchange Period is 30 Days for all equipment sales. Refunds will be subject to a 20% restocking charge from original purchase price.
Nonreturnable items and nonrefundable items are identified as: Labor, delivery and installation services, equipment move charges, damaged items, missing accessories, open toner box and cartridges.
10. Non-Performance
In the event that Signa Digital Solutions Inc. does not perform (performance to be defined as 92% of uptime averaged on all equipment) the services to the Customer's satisfaction, the Customer shall inform Signa Digital Solutions Inc in writing. Signa Digital Solutions Inc shall have a period of thirty (30) business days from the receipt of such notice to correct any deficiencies in performance, but in any case, will use its best efforts to correct any deficiency in performance as soon as reasonably possible. At the end of the thirty day period, if Signa Digital Solutions Inc is still unable to correct the problem, the Customer shall then have the option to terminate this Agreement with thirty (30) days’ notice without incurring any penalty, with exception to reimbursement of all buyouts and/or all sums expended to retire or buyout previously existing agreements either to the customer or a third party to initiate this agreement. Buyouts will be pro-rated by total of buyout divided by months of service. Performance will be a measurement of regular working hours of Monday through Friday, 8:00 a.m. to 5:00 p.m.
11. Notice
All statements, notice and other communications to be given here (other than requests from the Customer for services) shall be in writing and, unless otherwise provided, shall be deemed to have been duly given when delivered in person or when deposited with Federal Express (or other overnight courier), or in the US Mail, postage prepaid, properly addressed, registered or certified mail, return receipt requested, to the address as set forth below, or to such other address or addresses as may be designated in writing by notice given to the other party pursuant to this paragraph.
If to Signa Digital Solutions Inc Attention:
Shannon Kirby 8525 Camino Santa Fe , San Diego Ca, 92121 858-467-7979 Fax 858-467-7980 If to Customer Attention:___________________
12.Use of SIGNA DIGITAL SOLUTIONS, INC recommended supplies:
If the customer uses other than Signa Digital Solutions, Inc recommended supplies and if such supplies are defective or not acceptable for use on Signa Digital Solutions, Inc machines, and cause abnormally frequent service calls or service problems, then Signa Digital Solutions, Inc may, at its option, assess a surcharge or terminate this Agreement and the unused portion of the maintenance charge will be refunded. In this event, the customer will be offered service on a "Per Call" basis at published rates.
13. NO WARRANTY
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, SIGNA DIGITAL SOLUTIONS, INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AND SIGNA EACH AGREE THAT NEITHER PARTY IS RESPONSIBLE TO THE OTHER PARTY FOR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES ARISING OUT OF THE USE OR PERFORMANCE OF THE EQUIPMENT OR THE LOSS OF USE OF THE EQUIPMENT.
14. MISCELLANEOUS.
This agreement shall be governed by and construed according to the laws of the State of California. This agreement constitutes the entire agreement between the parties regarding the subject matter covered hereunder and supersedes any prior written and oral agreement between the parties regarding such subject matter. This agreement may not be modified except in writing signed by duly authorized officers of Signa Digital Solutions, Inc and the customer.
Customer Initials___________________
12 June 19, 2023 Item 10
Signa Digital Solutions
8525 Camino Santa Fe Suite H
San Diego , CA 92121
Buyout Amount Removal Date
Expiration Date Lease Copy? (check)
Agreement # Letter of Intent? (check)
Model Serial
C7580 WFL01050_R
0 0
0 0
0 0
0 0 0
Date Date Signature Date
B. Buyout to be paid by Dealer to the customer who will pay the leasing company
2. Lease Return-Unit to be returned to leasing company (check A, B or C below)
1. Customer Owned Trade In
Canon
Signature
C. Buyout to be paid by the customer directly to the leasing company Dealer Representative
The Customer’s signature below attests that the above equipment is owned by the customer and is free and clear of any liens or encumbrances. Upon completion of the associated sale, the title and ownership of this equipment is transferred to [TRANSFER TO COMPANY].
A. Buyout to be paid by Dealer to the leasing company
0 Make
Equipment Detail
Dealer is not responsible for damaged or stolen equipment. Customer needs to maintain insurance coverage on equipment until received by leasing compnay or their agent.
The Buyout/Trade-In Check to you, the Customer, is intended to offset the costs of canceling the contract with the existing Lease Vendor. Your Company is solely responsible for any previous contract. The Customer’s signature below acknowledges that the said equipment is leased from the above named Leasing Company and that the remittance and disposition, as indicated above, of said equipment and its condition will fulfill its contractual obligations under the lease. Dealer is not responsible for any additional charges unless specifically noted. In case of option A and B, above, Dealer requires a copy of the Front and Back of the lease document. The Customer is responsible for notifying the Vendor with a “Letter of Intent” to return the equipment per the terms of the original lease and then provides Dealer with the return shipping instructions. 0 0
Dealer agrees to pay the agreed upon amount within 5 business days after customer's verification of installed and functional equipment from Dealer.
Check Approval
Authorized Signature
Please return to leasing company
0 Additional Comments
Customer Acceptance
Del Mar, CA 92014
Notes
Dealer agrees to store equipment at customer's request for a period not to exceed 90 days from date equipment is removed from customer's location. After 90 days customer agrees to pay Dealer normal storage fees until equipment is shipped back to leasing company. 0 0 0
0 3. Lease Return-Unit trade in to Dealer (check A, B or C below) Reason for Removal
End Meter
0 Removal Details
(858) 755-9313 (858) 755-2794
Buyout/Upgrade Check Payable To Buyout Details
City of Del Mar DLL Special
1050 Camino Del Mar
Equipment Removal Form
For all equipment trade-ins, lease returns, and removals.
Customer Leasing Company
13 June 19, 2023 Item 10
14 June 19, 2023 Item 10
11/29/2022
15 June 19, 2023 Item 10
STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-19-70-46-01
AMENDMENT 1
Copiers and Managed Print Services
Colorado NASPO ValuePoint Master Agreement Number 140595 Canon U.S.A., Inc. (Contractor)
The parties mutually agree to amend Participating Addendum 7-19-70-46-01 as follows:
Section 2. TERM, subparagraph A is revised to read as follows:
A. The term of this Participating Addendum shall begin upon signature approval by the State and will end December 31, 2022, or upon termination by the State, whichever occurs first.
All other terms and conditions of the Participating Addendum shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date of execution by both parties below.
STATE OF CALIFORNIA
Department of General Services
CONTRACTOR
Canon U.S.A., Inc.
Agency Name Contractor Name
Authorized Signature Date Signed Authorized Signature Date Signed Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street
West Sacramento, CA 95605
One Canon Park
Melville, NY 11747
Address Address
DocuSign Envelope ID: B30D376C-1EB2-49F7-873B-2F1E212A1857 11/19/2021
Mason Olds SVP
11/29/2021
Stephanne Lim, MAU2 Supervisor
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SIGNA DIGITAL SOLUTIONS, INC.
(1) – New Canon imagePRESS C270 Multifunctional Device
➢ Print/Copy 70 ppm Color and 80 ppm B&W
➢ Now Scans up to 270 vs 160 on your current model.
➢ Blank Page Removal for Scans & Copying
➢ Stapling Finisher X1
➢ Paper Deck, Utility Tray, Keyboard, 2/3 Hole Punch, Folding unit ➢ Super G3 Fax
➢ Scan PDF and convert to MS Word and PowerPoint
➢ Encrypted PDF
➢ Includes: Delivery, Installation and Training
➢ Returning Canon C7580Equipment back to leasing company ➢ Includes existing buyout of current lease.
60 Month FMV Lease: $726.13 + tax
Naspo Pricing Contract# 140595
Canon imagePRESS C270 Series Device:
Monthly Volume Cost Per Click Monthly Cost
Black & White: 10000 $ 0.009 $ 90.00
Color: 7000 $ 0.045 $ 319.00
Total Monthly expense for Service: $ 405.00
➢ Maintenance includes all toner, parts and labor in order to keep equipment up and running.
Signa Signature Service
4 Hour Guaranteed Response Time
Pro-Active Service Philosophy - We routinely service and replace parts as scheduled maintenance before they wear out and break… not after!
Comprehensive Service - * All Parts, Labor, Supplies (Except paper and staples) included in Maintenance Program
imageWARE REMOTE Software Tool – Will automatically send alerts for supply replenishment, electronically collect meter reads, and allows our service department to monitor all error codes. 29 June 19, 2023 Item 10
Signa Digital Solutions: Locally owned Certified Small Business offering Canon USA/NASPO pricing.
Highlights of the new Canon C270:
70/80 ppm Color/Mono speed
High speed scanning at 270 images per minute: Scan to email, folder, storage Scan in multiple formats: word, ppt, pdf, tiff, jpeg
Print onto heavier stocks: up to 130lb Cover stock.
Warm up speed of 30 seconds!
Security Improvements:
• Trellix/McAfee Embedded Control
• Switch from HDD to Solid-State Drive (SSD)- Protected by Password Lock, Encryption, and initialize Features.
• Enhancement to Verify System at Startup: if validation fails, automatically rewrites to a Golden Master • Trusted Platform Module (TPM) 2.0- Supports the latest version for stronger encryption technology. 30 June 19, 2023 Item 10
SIGNA DIGITAL SOLUTIONS, INC.
Signature Service
“Total Quality Assurance” Maintenance Program
➢4hr Guaranteed Response Time
➢Pro-Active Service Philosophy
We routinely service and replace parts as scheduled maintenance before they wear out and break…not after!
➢Comprehensive Service:
All Parts
All Labor
All Supplies (except paper and staples)
➢Print Tracker / Image Ware Remote
Automatic Supply Replenishment
Automated Meter Reads
Monitored Error Codes
➢ Ranked 6th Nationally for Service Amongst 700+ Dealers ➢ Hp certified MPS Elite Dealer, 1 of 2 in southern California ➢ 47 Platinum Awards for excellence in Service Training ➢ Gold Awards for Excellence in Service Training
➢ 4 Platinum Awards for National Account Service Excellence ➢ 6 Platinum Awards for Government Service Excellence
➢ Microsoft Certifications
➢ ASTP Service Certifications in the Service Repair Industry 31 June 19, 2023 Item 10
Signa Digital Solutions
8525 Camino Santa Fe Suite H
San Diego , CA 92121
City of Del Mar Date 5/24/2023
1050 Camino Del Mar Buyer
Del Mar CA 92014 P.O. #
Sales Rep Lisa Morales
Contact: Billing Contact:
Phone/Fax: (858) 755-9313 Phone/Fax: 856-213-1000
Purchase Order:
Account Type: 60 Monthly Payment: $726.13
B/W CPP 0.009 Color CPP 0.045 10000 Color Base 7000
B/W Printer CPP 0 Color Printer CPP 0 0 Color Printer Base 0 Quantity Product # Unit Price Total Price
1 5589C002AA Lease Lease
1 0162C002AA
1 1266V426
1 0165C001AA
1 5224C001AA
1 5738B002AA
1 5593C006AA
1 3998C001AA
Subtotal Lease
Delivery Time Stairs/Count Elevator Connected Sales Tax Lease N Y Y Delivery/Installation Included
TOTAL AMOUNT Lease
Less Payment (Check #_____)
AMOUNT DUE Lease
Print Name Date
Ashley Jones
Warranty/Maintenance Agreement
Customer Acceptance Dealer Representative
Authorized Signature/Date Title Signature
The terms and conditions appearing on the face and reverse side of this agreement correctly set forth the entire agreement between the parties. The terms and conditions contained on the reverse side of this agreement include limitations of warranty, exclusion of consequential and other special damages and other limitations of liability. Customer acknowledges by its signature that it has read and understands it and that it constitutes the entire agreement, understandings, and representations, express or implied, between customer and Dealer, with respect to hardware, supply, media, or documentation furnished or to be furnished hereunder and that this agreement supersedes all prior communications between the parties including all oral or written proposals. By executing this agreement, I acknowledge that I have read and understand this agreement and certify that I am authorized to execute this agreement on behalf of customer.
For P.O. Naspo Contract #140595
City Manager
Special Payment Terms & Due Dates
imagePRESS Lite C270 208V Puncher Unit-BS1(2/3H) <4>
imagePRESS Lite C270 208V Staple Finisher-AG1 Set<1><2> imagePRESS Lite C270 208V Super G3 FAX Board-AX1
imagePRESS Lite C270 208V Paper Deck Unit-E1 <4>
Delivery Type
Lease Months:
Approx Delivery Date:
City of Del Mar Canon Financial Services
1050 Camino Del Mar
Del Mar, CA 92014
Sales Order Agreement
Ship To Bill To
Comments/Special Instructions
Delivery Instructions
158 Gaither Dr.
Emily Bernardo
Mount Laurel, NJ 08054
imagePRESS Lite C270 208V Utility Tray-B1
imagePRESS Lite C270 208V USB Key Board (Cherry) <10>
Description
imagePRESS Lite C270 208V imagePRESS Lite C270 208V <1> B/W Base
B/W Printer Base
(858) 755-2794
imagePRESS Lite C270 208V Paper Folding Unit-K1 <5>
Yes No
32 June 19, 2023 Item 10
Signa Digital Solutions Terms and Conditions
1. Acceptance by SDS of contract: References made to “SDS” shall mean Signa Digital Solutions Inc. Machines sold by SDS are eligible for a service contract immediately upon the expiration of the warranty period. If service contract is requested at any other time, machine must first be inspected by SDS. Customer shall bear any and all costs necessary to bring machine up to specifications. Machines not sold initially by SDS which are accepted for a service contract after inspection is not covered for parts the first 45 days. Invoices shall be due and payable by the customer for all equipment, accessories, supplies or maintenance purchased pursuant to this agreement (The “Goods and Services”), within the time period specified on the front side of this document. Customer shall pay all applicable sales tax, installation and freight charges. If customer fails to make any payment when due, there will be a service charge of five percent (5%) of the total amount due, together with an interest rate of one and one-half percent (1 ½%) of the total amount due or the maximum legal rate allowed by law, whichever is less. Customer shall pay a $20.00 service charge on any and all returned checks.
Customer shall pay all collection expenses incurred by SDS, including but not limited to, court, attorneys and accounting fees, if required.
2. Taxes. Customer shall be responsible for all sales tax, use tax or other taxes (including without limitations personal property taxes assessable on the equipment) and fees charged relative to this agreement. Customer agrees to reimburse SDS for all amounts paid or payable by SDS in discharge of the forgoing taxes. Customer shall not be responsible for taxes based on SDS's gross or net income.
3. Default. If Customer is in default of any term or condition, seller may cancel this agreement in whole or part at any time upon ten- (10) day’s written notice. If seller cancels the agreement the agreement will be prorated based upon the unused portion of the term of the agreement. Any amount due to seller will be invoiced and is payable upon receipt. Any amounts due to the customer will be applied to any unpaid invoices prior to refund.
4. Business Purpose. Customer warrants and represents that the goods will be used for business purposes, and not for personal, family, or household purposes.
5. Availability. Customer agrees that the goods are subject to availability and seller reserves the right to substitute models of like specification if practicable. Seller may cancel any order or any part of an order without cause at any time and without penalty, and seller’s sole obligation shall be to return any down payment paid by customer. If parts become unavailable for discontinued equipment, seller reserves the right to delete said equipment in accordance with the terms of this agreement.
6. Delivery and Installation. Seller shall use its standard packaging. Seller shall choose the method of delivery; seller reserves the right to deliver the goods in installments. Customer will pay an invoice when due, without regard to delivery or non-delivery of subsequent installments. Delay in delivery of any installments shall not relieve customer of its obligations to accept remaining installments. Equipment shall be installed in accordance with manufacture’s specification. At customers sole cost and expense, customer shall insure that equipment is placed in an environment that conforms with the manufacturer’s specifications and requirements and will bear all costs and expenses for any additional necessities required for installation such as telephone and electrical wiring, remodeling, and noise and power filters. Any electrical work external to the equipment (i.e. associated peripheral equipment, power, transmission and phone lines) and equipment line cord is not covered by this agreement. 33 June 19, 2023 Item 10
Signa Digital Solutions
8525 Camino Santa Fe Suite H
San Diego , CA 92121
Date 5/24/2023
Customer #
Representative Lisa Morales
Contact:
Meter Contact:
Meter Method:
E-Mail [email protected]
Base Rate Base Allowance Base Billed Base Amount Overage Overage Billed B/W 0.009 30000 Quarterly $270.00 0.009 Quarterly
Color 0.045 21000 Quarterly $945.00 0.045 Quarterly
B/W Printer 0 0 $0.00
Color Printer 0 0 $0.00
B/W Start
Meter Color Start Meter
Date
imagePRESS Lite C270 208V Utility Tray-B1
imagePRESS Lite C270 208V Puncher Unit-BS1(2/3H)
1050 Camino Del Mar
Installation and Service Agreement Options
Contract Length (months):
Contract Start Date:
imagePRESS Lite C270 208V imagePRESS Lite C270
imagePRESS Lite C270 208V Paper Deck Unit-E1 <4>
Premium Color: Includes parts and labor, drums and developer, toner for Color copiers. Does not include paper,s imagePRESS Lite C270 208V Staple Finisher-AG1 Set
imagePRESS Lite C270 208V USB Key Board (Cherry)
Billed with Lease: No
60 Upon Delivery
ID Number
City of Del Mar
Service Agreement
City of Del Mar
1050 Camino Del Mar
imagePRESS Lite C270 208V Super G3 FAX Board-AX
Appropriate categories must be initialed by the client in the box to the left of the option.
Del Mar, CA 92014 Del Mar,CA 92014
Emily Bernardo
(858) 755-2794
Make/Model Serial Number
PLACE YOUR LOGO HERE
Ship To Bill To
imagePRESS Lite C270 208V Paper Folding Unit-K1 <5
Chris or Emily
Imageware Remote
If wide-format, billing is per Square foot / Linear Foot Maintenance Type:
Authorized Signature/Date
Ashley Jones
By executing this agreement, I acknowledge that I have read and understand this agreement and I certify that I am authorized to execute this agreement on behalf of customer.
Authorized signature acknowledges terms / conditions and expiration dates or meter readings. The terms and conditions on the face and reverse side of this agreement correctly set fourth the entire agreement between parties.
City Manager
Customer Acceptance Dealer Representative
Print Name Title Signature
34 June 19, 2023 Item 10
Terms and Conditions
1.GENERAL SCOPE OF COVERAGE
This Agreement covers both the labor and the material for adjustments, repairs and replacement of parts as required by normal use of the equipment, subject to the exceptions in and in accordance with these terms and conditions. This Agreement does not cover performing electrical work external to machines, maintaining other devices not authorized by Signa Digital Solutions, Inc and or its supplier(s), painting or refinishing machines, making specification changes, adding or removing accessories, attachments or other devices, or providing service which shall be impractical for Signa Digital Solutions, Inc representatives to render because of alterations in the machines or their connection by mechanical or electrical means to other machines or devices. Damage to the equipment or its parts that is not arising out of or caused by (i) Signa Digital Solutions, Inc.’s or its representatives’ misuse, abuse, or negligence, or (ii) the attachment of unauthorized component accessories or parts, use of substandard supplies or other causes beyond the control of Signa Digital Solutions, Inc are not covered by this Agreement. In addition, Signa Digital Solutions, Inc may terminate this Agreement if the equipment is modified, damaged, altered or serviced by personnel other than those employed by Signa Digital Solutions, Inc, or if parts, accessories or components not authorized by Signa Digital Solutions, Inc or its suppliers are fitted to the equipment. Signa Digital Solutions, Inc agrees to use its best efforts to perform the services covered by this agreement in a professional manner and in accordance with (a) the standards of care and diligence practiced by recognized organizations in performing services of a similar nature at the time the services are performed, (b) the terms and conditions of this agreement, and (c) all applicable laws.
2.SERVICE CALLS
Service calls under this Agreement will be made during normal business hours (i.e., Monday – Friday, 8:00 am – 5:00 pm) at the installation address shown on the reverse side of this Agreement. Travel and labor time for service calls after normal hours, on weekends and on holidays if and when available, will be charged at overtime rates in effect at this time the service call is made. Signa Digital Solutions, Inc representatives will not handle, disconnect or repair unauthorized attachments or components: customer is responsible for disconnecting and re-connecting unauthorized attachments or components. Customer hereby indemnifies and holds Signa Digital Solutions, Inc and its employees harmless for claims for damages to any unauthorized parts, components or accessories resulting from service performed on equipment supplied by Signa Digital Solutions, Inc. If other than Signa Digital Solutions, Inc representatives shall at any time perform repair or maintenance service on any of the machines, Signa Digital Solutions, Inc may, if in its reasonable opinion the cost of maintenance thereof will be substantially increased, discontinue service for such machine hereunder if Customer refuses to pay any increased cost of servicing such machine. Service for any machine discontinued hereunder would thereafter be furnished, if requested, at Signa Digital Solutions, Inc established time and material charges therefore then in effect with respect to any increased cost of servicing such machine.
3.EXTENT OF LABOR SERVICES
Labor performed during a service call includes any and all labor necessary for the equipment to operate as intended by its manufacturer, including lubrication and cleaning of the equipment and the adjustment, trouble-shooting, repair or replacement of parts described in paragraph
4.REPAIR AND REPLACEMENT OF PARTS
All parts necessary to the operation of the equipment, with the exception of the parts listed below, and subject to the general scope of coverage, will be repaired or replaced free of charge during a service call included in the maintenance service provided by this Agreement. Exceptions are:
Cassettes (Paper), Document Feeder Cover and Belts, "Cosmetic" Parts Parts furnished under this agreement will be furnished on an exchange basis under which replaced parts become the property of Signa Digital Solutions, Inc. The parts furnished will be new parts or parts equivalent to new if new parts are not available.
5.RECONDITIONING
Rebuilding or major overhauls are not covered by this Agreement. In addition, when in its sole discretion Signa Digital Solutions, Inc determines that a reconditioning is necessary, as a result of expected wear and tear of materials and age factors caused by normal office environment usage, in order to keep the equipment in working condition, Signa Digital Solutions, Inc will submit to customer an estimate of needed repairs and their cost, which will be in addition to the charge payable under this Agreement. If the customer does not authorize such reconditioning, Signa Digital Solutions, Inc may discontinue service of the equipment under this agreement, refunding the unused portion of the maintenance charge, or may refuse to renew this Agreement upon its expiration. Thereafter, Signa Digital Solutions, Inc will make service available on a "Per Call" basis at published rates in effect at the time of service.
6.TERM
This Agreement shall become effective upon receipt by Signa Digital Solutions, Inc. Subject to Section 9 (Non-Performance) below, the maintenance charge provided on the reverse side of this Agreement shall continue for term specified or the maximum number of copies shown on the reverse aide of this Agreement, whichever occurs sooner.
7.CHARGES
The initial annual charge for maintenance under this Agreement shall be the amount set forth on the reverse side of this Agreement. The annual maintenance charge with respect to any renewal term will be the charge in effect at the time of renewal. Customer agrees to pay the total of all charges for maintenance during the initial term and any renewal term within 30 days of the date the Signa Digital Solutions, Inc invoice for such charges is received by Customer. Customer understands that alterations, attachments, specification changes, or use of substandard supplies that cause excessive service calls, may require an increase in maintenance charges and agrees to pay such charges promptly when due. If equipment is moved to a new service zone, the supplier shall have the option to charge and the customer agrees to pay the difference in published maintenance charges between the current zone and the new zone, such charges to be assessed on a prorate basis. If equipment is moved beyond supplier's published service zones, customer agrees to pay a fair and reasonable up-charge for continued maintenance under this Agreement, taking into account the distance to customer's new location and the published rates of supplier’s service on a "Per Call" basis. If specification changes are made in the machines or accessories, or if attachments or other devices are added or removed, Signa Digital Solutions, Inc may, reasonably adjust the maintenance charges on the machines and will provide Customer with written notice of any such adjustment within 30 days. If equipment is moved out of Signa Digital Solutions, Inc service area, this contract will cease.
Service charges are based on standard 8.5 X 11 images. Signa reserves the right to assess additional images charges for non-standard, including 11X17 images. Customer acknowledges that pricing based on prevailing rates at the time of contract. Unless otherwise expressively agreed to in writing, if the term of any service order exceeds 12 month, the periodic service charges and the cost of additional images may be increased by Signa up to 10% annually for each year beyond the initial 12-month period, and customer expressly consents to such adjustment without additional notice.
8.BREACH OR DEFAULT
If the customer does not pay all charges for maintenance or parts as provided under this Agreement, promptly when due, and within 15 days written notice of non-payment: (1) Signa Digital Solutions, Inc may (a) refuse to service the equipment or (b) furnish service on a C.O.D "Per Call" basis at a published rates in effect at this lime of service.
9.Return Policy
All sales are subject to Signa’s Return & Exchange Policy. Return and exchange Period is 30 Days for all equipment sales. Refunds will be subject to a 20% restocking charge from original purchase price.
Nonreturnable items and nonrefundable items are identified as: Labor, delivery and installation services, equipment move charges, damaged items, missing accessories, open toner box and cartridges.
10. Non-Performance
In the event that Signa Digital Solutions Inc. does not perform (performance to be defined as 92% of uptime averaged on all equipment) the services to the Customer's satisfaction, the Customer shall inform Signa Digital Solutions Inc in writing. Signa Digital Solutions Inc shall have a period of thirty (30) business days from the receipt of such notice to correct any deficiencies in performance, but in any case, will use its best efforts to correct any deficiency in performance as soon as reasonably possible. At the end of the thirty day period, if Signa Digital Solutions Inc is still unable to correct the problem, the Customer shall then have the option to terminate this Agreement with thirty (30) days’ notice without incurring any penalty, with exception to reimbursement of all buyouts and/or all sums expended to retire or buyout previously existing agreements either to the customer or a third party to initiate this agreement. Buyouts will be pro-rated by total of buyout divided by months of service. Performance will be a measurement of regular working hours of Monday through Friday, 8:00 a.m. to 5:00 p.m.
11. Notice
All statements, notice and other communications to be given here (other than requests from the Customer for services) shall be in writing and, unless otherwise provided, shall be deemed to have been duly given when delivered in person or when deposited with Federal Express (or other overnight courier), or in the US Mail, postage prepaid, properly addressed, registered or certified mail, return receipt requested, to the address as set forth below, or to such other address or addresses as may be designated in writing by notice given to the other party pursuant to this paragraph.
If to Signa Digital Solutions Inc Attention:
Shannon Kirby 8525 Camino Santa Fe , San Diego Ca, 92121 858-467-7979 Fax 858-467-7980 If to Customer Attention:___________________
12.Use of SIGNA DIGITAL SOLUTIONS, INC recommended supplies:
If the customer uses other than Signa Digital Solutions, Inc recommended supplies and if such supplies are defective or not acceptable for use on Signa Digital Solutions, Inc machines, and cause abnormally frequent service calls or service problems, then Signa Digital Solutions, Inc may, at its option, assess a surcharge or terminate this Agreement and the unused portion of the maintenance charge will be refunded. In this event, the customer will be offered service on a "Per Call" basis at published rates.
13. NO WARRANTY
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, SIGNA DIGITAL SOLUTIONS, INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AND SIGNA EACH AGREE THAT NEITHER PARTY IS RESPONSIBLE TO THE OTHER PARTY FOR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES ARISING OUT OF THE USE OR PERFORMANCE OF THE EQUIPMENT OR THE LOSS OF USE OF THE EQUIPMENT.
14. MISCELLANEOUS.
This agreement shall be governed by and construed according to the laws of the State of California. This agreement constitutes the entire agreement between the parties regarding the subject matter covered hereunder and supersedes any prior written and oral agreement between the parties regarding such subject matter. This agreement may not be modified except in writing signed by duly authorized officers of Signa Digital Solutions, Inc and the customer.
Customer Initials___________________
35 June 19, 2023 Item 10
Signa Digital Solutions
8525 Camino Santa Fe Suite H
San Diego , CA 92121
Buyout Amount Removal Date
Expiration Date Lease Copy? (check)
Agreement # Letter of Intent? (check)
Model Serial
C7580 WFL01050_R
0 0
0 0
0 0
0 0 0
Date Date Signature Date
B. Buyout to be paid by Dealer to the customer who will pay the leasing company
2. Lease Return-Unit to be returned to leasing company (check A, B or C below)
1. Customer Owned Trade In
Canon
Signature
C. Buyout to be paid by the customer directly to the leasing company Dealer Representative
The Customer’s signature below attests that the above equipment is owned by the customer and is free and clear of any liens or encumbrances. Upon completion of the associated sale, the title and ownership of this equipment is transferred to [TRANSFER TO COMPANY].
A. Buyout to be paid by Dealer to the leasing company
0 Make
Equipment Detail
Dealer is not responsible for damaged or stolen equipment. Customer needs to maintain insurance coverage on equipment until received by leasing compnay or their agent.
The Buyout/Trade-In Check to you, the Customer, is intended to offset the costs of canceling the contract with the existing Lease Vendor. Your Company is solely responsible for any previous contract. The Customer’s signature below acknowledges that the said equipment is leased from the above named Leasing Company and that the remittance and disposition, as indicated above, of said equipment and its condition will fulfill its contractual obligations under the lease. Dealer is not responsible for any additional charges unless specifically noted. In case of option A and B, above, Dealer requires a copy of the Front and Back of the lease document. The Customer is responsible for notifying the Vendor with a “Letter of Intent” to return the equipment per the terms of the original lease and then provides Dealer with the return shipping instructions. 0 0
Dealer agrees to pay the agreed upon amount within 5 business days after customer's verification of installed and functional equipment from Dealer.
Check Approval
Authorized Signature
Please return to leasing company
0 Additional Comments
Customer Acceptance
Del Mar, CA 92014
Notes
Dealer agrees to store equipment at customer's request for a period not to exceed 90 days from date equipment is removed from customer's location. After 90 days customer agrees to pay Dealer normal storage fees until equipment is shipped back to leasing company. 0 0 0
0 3. Lease Return-Unit trade in to Dealer (check A, B or C below) Reason for Removal
End Meter
0 Removal Details
(858) 755-9313 (858) 755-2794
Buyout/Upgrade Check Payable To Buyout Details
City of Del Mar DLL Special
1050 Camino Del Mar
Equipment Removal Form
For all equipment trade-ins, lease returns, and removals.
Customer Leasing Company
36 June 19, 2023 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Josh Gordon, Fire Chief
Via Ashley Jones, City Manager
DATE: June 19, 2023
SUBJECT: Resolution Accepting State-Mandated Annual Fire Inspections Report REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution (Attachment A) accepting a report on the status of all State-mandated annual fire inspections in the City of Del Mar in conjunction with Senate Bill (SB) 1205 and California Health and Safety Code Section 13146.4.
EXECUTIVE SUMMARY:
On September 27, 2018, the Governor of the State of California signed SB 1205. The bill mandates that every city fire department shall report annually to its administering authority on its compliance with the Health and Safety Code, Sections 13146.2 and 13146.3. SB 1205 states that the report shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.
DISCUSSION/ANALYSIS:
The California State Fire Marshal, through the California Health and Safety Code, mandates that certain occupancy types shall be inspected annually. These mandated occupancy types include private and public schools, hotels, motels, lodging houses, and apartment/condominium buildings in accordance with California Health and Safety Code Sections 13146.2 and 13146.3.
The purpose of annual fire inspections is to mitigate known hazards, reduce risk to the community and ensure reasonable compliance with the California Fire Code. The Del Mar Fire Department performs the mandated inspections, as well as inspections of local businesses, as part of the Fire Department’s annual fire inspection program. The Fire Department completed 100% of its state-mandated annual inspections within the calendar year 2022 as further described below.
California Health and Safety Code Section 13146.2 mandates that the local fire department inspect all hotels, motels and lodging houses annually. The Del Mar Fire Department inspected all hotels, motels and lodging houses (7) during the 2022 calendar year. 1 June 19, 2023 Item 11
City Council Agenda Report
State-Mandated Annual Fire Inspections
June 19, 2023