Del Mar City Council
September 5, 2023

Table of Contents
2023-9-5 Regular Meeting Agenda
Item 1 - Minutes
Item 2 - List of Demands
Item 4 - City Council Retreat Facilitator Agreement and Budget Appropriation Item 5 - RHS Plan Amendment
Item 6 - Del Mar Foundation Donation Beach Wheelchairs
Item 7 - Amendment with WCA for Tree Management-Maintenance Item 8 - Task Order MBI Lead Service Inventory
Item 9 - Agreement for Pavement Condition Assessment and 5yr Management Plan Item 10 - Construction Contract for Beach Colony Pedestrian Improvements Item 11 - Agreement for Planning Services
Item 12 - Support for Public Outreach - SANDAG Rail Relocation Item 13 - Agenda Report - Finance Committee Appointment Item 14 - 5th Amendment to Fire COOP Agreement - Admin Fire Captain Item 15 - FINAL Staff Report_Parking LCPA
Item 16 - Manufactured Homes ordinance
Item 17 - STRs
Item 18 - San Dieguito Drive Phase 1 Engineering Assessment 2 11
18 98
113
159
162
194
202
224
264
281
285
294
303
325
337
355
Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
And via teleconference
111 Eden St.

Bar Harbor, ME 04609
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.

Regular Meeting
Tuesday, September 5, 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.

Tracy Martinez
Mayor
Dan Quirk
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dwight Worden
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting September 5, 2023
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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 ANNOUNCEMENTS
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: July 24, 2023 Regular and Special Meeting, August 9, 2023 Special Meeting
Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

2. Ratification of List of Demands, dated September 5, 2023 Recommended Action: Ratify the List of Demands.

Del Mar City Council Regular Meeting September 5, 2023
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 201-3

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

Reference: Clerk’s File No. 401-4

4. Agreement for City Council Retreat Facilitation Services Recommended Action: Mayor Tracy Martinez and Council Member Dave Druker recommend that the City Council: 1) Approve an Agreement with the Centre for Organization Effectiveness for City Council Retreat Facilitation Services (Attachment A); 2) Authorize the City Manager to execute the Agreement; and 3) Allocate $8,300 to cover facilitation services from the General Fund to the City Council Division budget as further described in the Fiscal Impact section of the report.

Reference: Clerk’s File No. 406-1

5. Approval of Amended Agreement for Retirement Health Savings (RHS) Program for the Del Mar Firefighters Association (DMFA) Recommended Action: Staff recommends that the City Council: 1) Adopt the Resolution (Attachment A) to adopt the amended Retirement Health Savings (RHS) Program for the Del Mar Firefighters Association; 2) Approve the required program agreement and supporting documents (Attachments B-E); and 3) Authorize the City Manager to execute the necessary documents.

Reference: Clerk’s File No. 406-1

6. Acceptance of a Donation from the Del Mar Foundation for All-Terrain Wheelchairs and Accessibility Mats
Recommended Action: Staff recommends that the City Council: 1) Accept a donation of $9,000 from the Del Mar Foundation to purchase two all-terrain wheelchairs and two accessibility mats; and 2) Amend the Fiscal Year 2022-23 Operating and Capital Budget to reflect the donation.

Reference: Clerk’s File No. 201-13, 1202-11, 1501-16

7. First Amendment to Agreement with West Coast Arborists for As-Needed Citywide Tree Management and Maintenance Services
Recommended Action: Staff recommends that the City Council: 1) Approve the First Amendment to the Agreement (Agreement) between the City of Del Mar and Del Mar City Council Regular Meeting September 5, 2023
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us West Coast Arborists, Inc. (Attachment A) for as-needed citywide tree management and maintenance services; and 2) Authorize the City Manager to execute the First Amendment.

Reference: Clerk’s File No. 406-1, 1403-7

8. Approval of a Task Order with Michael Baker International to Perform a Lead Water Service Line Inventory
Recommended Action: Staff recommends that the City Council: 1) Approve a $20,300 Task Order (Attachment A) with Michael Baker International (MBI) to perform a Lead Water Service Line Inventory; and 2) Authorize the City Manager to execute the Task Order.

Reference: Clerk’s File No. 406-1

9. Approval of Professional Services Agreement with Bucknam Infrastructure Group, Inc. for the 2023 Pavement Condition Assessment and Five-Year Pavement Management Plan
Recommended Action: Staff recommends that the City Council: 1) Approve the Professional Services Agreement (Agreement) between the City of Del Mar and Bucknam Infrastructure Group, Inc. (Attachment A) to provide citywide pavement condition assessment services and prepare a five-year pavement management plan; and 2) Authorize the City Manager to execute the Agreement.

Reference: Clerk’s File No. 406-1, 901-5

10. Award of Construction Contract with Portillo Concrete, Inc. for the Beach Colony Pedestrian Improvement Project
Recommended Action: Staff recommends that the City Council: 1) Award a $171,000 construction contract to Portillo Concrete, Inc. (Attachment A), which includes the Base Bid plus three Alternate Bid Items, for the Beach Colony Pedestrian Improvement Project; 2) Approve $92,570 in funding for additional pedestrian ramp improvements included as Alternate Bid Items; 3) Authorize the City Manager to execute the contract; and 4) Amend the Fiscal Year (FY) 2023- 2024 Operating and Capital Budget as described in the Fiscal Impact section of this report.

Reference: Clerk’s File No. 406-1

11. Approval of Agreement with Civic Solutions, Inc. for Contract Planning Services
Recommended Action: Staff recommends that the City Council approve a Professional Services Agreement retroactively effective to August 3, 2023, with Del Mar City Council Regular Meeting September 5, 2023
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civic Solutions, Inc. (Attachment A) to provide contract planning services, which was previously authorized by the City Manager on an urgency basis due to the high volume of work and current vacancies in the City’s Planning and Community Development Department.

Reference: Clerk’s File No. 102-6, 406-1

12. Resolution of Support for a Robust Public Outreach and Participation Process related to the LOSSAN Rail Realignment Project
Recommended Action: Mayor Martinez and Councilmember Gaasterland request that the City Council adopt a Resolution in support of the San Diego Association of Governments (SANDAG) conducting a robust, responsive, and transparent public outreach and participation process related to the LOSSAN Rail Realignment Project.

Reference: Clerk’s File No. 1005-2, 1506-1

13. Finance Committee Appointment
Recommended Action: The City Council Liaisons to the Finance Committee recommend that the City Council appoint Kenneth Barrett as a voting member to the Finance Committee to serve a full three-year term effective September 5, 2023, and ending on September 30, 2026.

Reference: Clerk’s File No. 401-5

14. Approval of Fifth Amendment to Cooperative Fire Management Services Agreement
Recommended Action: Staff recommends that the City Council approve a Fifth Amendment to the Agreement for Cooperative Fire Management Services (Attachment A) to add an Administrative Fire Captain position and authorize the City Manager to execute the Agreement.

Reference: Clerk’s File No. 406-1, 1101-8
IX. PUBLIC HEARING

15. Introduction of an Ordinance Amending the City’s Local Coastal Program Land Use Plan and Del Mar Municipal Code Chapter 30.80 Parking Regulations Consistent with the May 10, 2023, California Coastal Commission Action Identifying Modifications Required to Obtain Final Certification of the Parking-Related Local Coastal Program Amendment Recommended Action: Staff recommends the City Council introduce an Ordinance (Attachment A) to amend the City’s Local Coastal Program Land Use Del Mar City Council Regular Meeting September 5, 2023
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Plan and Del Mar Municipal Code (DMMC) Chapter 30.80 Parking Regulations consistent with the May 10, 2023 California Coastal Commission (CCC) Conditional Certification Action.

Reference: Clerk’s File No. 401-4, 401-9, 905-3

16. Introduction of an Ordinance to Implement Housing Element Program 1F Relating to the Regulation of Manufactured Homes
Recommended Action: Staff recommends the City Council introduce an Ordinance (Attachment A) to implement 6th Cycle Housing Element (Housing Element) Program 1F relating to the regulation of manufactured homes.

Reference: Clerk’s File No. 304-7, 401-4, 401-9
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS

17. Report on Items Related to Development of Short-Term Rental (STR) Policies and Regulations Including California Coastal Commission (CCC) Actions and Court Decisions and Ongoing STR Data and Information Collection
Recommended Action: Staff recommends that the City Council: 1) Receive a report from the City Attorney’s office providing an overview of the legal landscape regarding short-term rentals including relevant court decisions and CCC actions to be considered in the development of new STR policies and regulations; 2) Authorize staff to initiate a STR operator registration process to establish a database of existing STRs within the last 10 years (see background summary in Attachment A); 3) Review supplemental June 2023 STR data (Attachment B); and 4) Confirm which California jurisdictions are to be used to collect sample STR policy and regulation data for presentation to the Council on September 18, 2023 (Attachment C).

Reference: Clerk’s File No. 301-19

18. San Dieguito Drive Phase 1 Preliminary Engineering Assessment Presentation and Recommendation to Proceed to Phase 2 Engineering Design
Recommended Action: Staff recommends the City Council: 1) Approve further study and design of Minimal Alternative (Alternative #3) from the Phase I Engineering Assessment (Attachment A, page 4) and grant an exception to City Council Policy 114 - Complete Streets; 2) Approve a $155,400 Task Order (Attachment B) with Michael Baker International (MBI) to proceed with Phase 2 Road Improvement Design, Construction Documents and Easement Acquisition Del Mar City Council Regular Meeting September 5, 2023
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us for the Minimal Alternative (Alternative #3); and 3) Authorize the City Manager to execute the Task Order.

Reference: Clerk’s File No. 801-1
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. League of California Cities – Coastal Cities Group (Worden) G. North County Transit District (NCTD) (Druker/Gaasterland) H. Regional Solid Waste Association (Worden/Quirk)
I. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Druker
J. SANDAG Borders Committee (Druker)
K. SANDAG Regional Planning Committee (Gaasterland)
L. SANDAG Shoreline Preservation Working Group
(Worden/Gaasterland/Martinez)
M. SANDAG LOSSAN Executive Task Force (Druker/Gaasterland) N. San Diego Metropolitan Wastewater Commission/JPA (Worden/Quirk/Druker) O. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
P. 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)
B. Clean Water Rate Project
C. Del Mar Community Connections (Martinez/Worden)
D. Del Mar Village Association (Gaasterland/Martinez)
E. Finance Committee (Druker/Worden)
F. Housing Subcommittee (Gaasterland/Martinez)
G. Human Resources Subcommittee (Druker/Worden)
H. Legislative Subcommittee (Gaasterland/Martinez)
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)
Del Mar City Council Regular Meeting September 5, 2023
Agenda Page 8
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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.

September 18, 2023
Second Reading and Adoption of Modifications to Parking LCPA Second Reading and Adoption of Manufactured Home Ordinance Approval of Agreement for Fire Engine Maintenance and Repairs Award Agreement for Street Sweeping Services
Riverpath Phase 3 County Board of Supervisors Grant Application Approval of Task Orders for Jimmy Durante Boulevard Bluff Project Approval of Electronic Signature Use Resolution
Paid Parking CDP (update on signs, removal of parking meters on Via de la Valle, new beach parking pass program) - Tentative
Approval of Design for the Riverpath Phase 3 Project
Actions Per Referendum Withdrawal Agreement for Ordinance 973 Relating to Allowable Land Use and Development in North Commercial Zone Including Short Term Rentals and Condo Conversions Short Term Rentals: Review Other City/County Examples and Policy Direction Consideration of Symposium Community Event in the Town Hall on November 12, 2023 Del Mar City Council Regular Meeting September 5, 2023
Agenda Page 9
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 30th day of August, 2023 at approximately 5:15 p.m.
___________________________________________ 8/30/2023
Sarah Krietor, Administrative Services Manager/ Date
City Clerk

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
JULY 24, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
And via teleconference
128 Ritchie Ave.

Silver Spring, Maryland 20910
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 and Terry Gaasterland. Councilmember Dwight Worden participated in the meeting remotely.

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no recusals or reportable actions for the July 24, 2023 City Council Closed Session meeting.

PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
None.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Mayor Martinez reported that Assistant City Manager Clem Brown will be participating in the meeting on behalf of City Manager Ashley Jones. Councilmember Druker reported that he and Mayor Martinez have been working with staff to schedule and plan the City Council retreat, which is tentatively scheduled for Friday, September 29, 2023.

CITY MANAGER’S REPORT
Assistant City Manager Clem Brown reported on the San Dieguito Drive resident meeting held on July 13, 2023; Summer Race Meet Opening Day at the Del Mar racetrack; and City Council meeting recess in August 2023. Planning & Community Development Director Karen Brindley reported on the Planning Commission Accessory Dwelling Unit (ADU) Workshop held on July 10, 2023. 1 September 5, 2023 Item 01
City Council Regular Minutes
July 24, 2023

PRESENTATIONS
ITEM 1: UPDATE FROM CITY REPRESENTATIVE TO SAN DIEGO COUNTY WATER AUTHORITY (CLERK’S FILE NO. 1506-3)
Mayor Martinez introduced the item. A presentation was provided by San Diego County Water Authority (SDWA) Del Mar Representative and Board Chair Mel Katz and Assistant General Manager Kelly Gage.

City Council questions focused on cost increases for water and water treatment over the last few decades; Carlsbad Desalination Plant; projected shortfall and overhead costs; potential consequences of agreeing to sell water; and water conservation.

There were no public speakers for the item.

ITEM 2: SANDAG DEL MAR TUNNEL ALIGNMENT & PUBLIC OUTREACH PLAN (CLERK’S FILE NO. 1506-1)
Mayor Martinez introduced the item. A presentation was provided by the San Diego Association of Governments (SANDAG) Rail Planning Manager Danny Veeh and Manager of Outreach and Engagement Brandy Sweitzer.

Mayor Martinez opened the item to public comment and the following people spoke:
1) Alan Wittgrove
2) Karen Lare
3) Monica Meredith (donation of time from Tate Scott)
4) Dean Meredith
5) Carol Kerridge
6) Timonthy Mills
7) Joanne Pietrilla
8) Timothy Davis
9) Camilla Rang
10) Henrik Jensen
11) Jim Benedict
12) Jonathan Polikoff
13) Deanna Rich
14) Ian Galton
15) Greg Rothnem
16) Cade Sears
17) Rose Meredith
18) Paige Blair-Hubert
19) Ricardo del Rio (remote)
Mayor Martinez closed the item to public comment.

Council questions focused on the weighted ranking used to evaluate alignment options; project timeline; environmental studies associated with the project; cost benefit analysis; and the information SANDAG considered related to alignment options.

Council discussion focused on appreciation to the public for their participation in the meeting; importance of the public outreach process; and preference by some for the I-5 alignment. 2 September 5, 2023 Item 01
City Council Regular Minutes
July 24, 2023

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

IT WAS MOVED BY COUNCILMEMBER DRUKER, SECONDED BY MAYOR MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 3 THROUGH 5, ITEMS 7, AND 8. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

ITEM 3: APPROVAL OF MINUTES: MAY 30, 2023 AND MAY 31, 2023 SPECIAL MEETING, JUNE 19, 2023 REGULAR MEETING, JULY 10, 2023 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 4: RATIFICATION OF LIST OF DEMANDS, DATED JULY 24, 2023 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

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

ITEM 6: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ASCENT ENVIRONMENTAL INC. TO PREPARE RESIDENTIAL OBJECTIVE DESIGN STANDARDS IN ACCORDANCE WITH PROGRAM 6G OF THE CITY’S ADOPTED 6TH CYCLE HOUSING ELEMENT (CLERK’S FILE NO. 304-7, 406-1)
This item was pulled from the consent calendar for City Council questions and discussion.

Council discussion focused on desire to form a citizens’ advisory committee to work with staff and the consultant to develop objective design standards. There were no public speakers for the item.

IT WAS MOVED BY COUNCILMEMER GAASTERLAND, SECONDED BY
COUNCILMEMBER WORDEN TO: 1) APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH ASCENT ENVIRONMENTAL INC. FOR THE PREPARATION OF

OBJECTIVE DESIGN STANDARDS FOR BY-RIGHT/MINISTERIAL RESIDENTIAL HOUSING PROJECTS; 2) AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND 3) DEFINE A CITIZENS GROUP IN BOTH APPROACH AND

CONTENT, TO ADVISE THE CITY COUNCIL ON THE PROCESS, AND DEVELOPMENT OF OBJECTIVE DESIGN STANDARDS. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

ITEM 7: RESOLUTION TO AUTHORIZE APPLICATIONS TO SANDAG TO REQUEST CYCLE 2 HOUSING ACCELERATION PROGRAM (HAP) GRANT FUNDS (CLERK’S FILE NO. 201-13, 304-7, 1506-1)
3 September 5, 2023 Item 01
City Council Regular Minutes
July 24, 2023

Council adopted Resolution 2023-31, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DEL MAR, CALIFORNIA, AUTHORIZING THE SUBMISSION OF TWO GRANT

APPLICATIONS TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) IN THE AMOUNT OF $181,000 FOR PLANNING GRANT FUNDS AND $1.5 MILLION IN CAPITAL GRANT FUNDS FOR IMPLEMENTATION OF THREE HOUSING ELEMENTRELATED SPECIAL PROJECTS; AND COMMITTING THE CITY TO PROVIDE PARTIAL MATCH FUNDS AND IN-KIND STAFF TIME; AND AUTHORIZING THE CITY MANAGER

TO ACCEPT GRANT FUNDING AND EXECUTE GRANT AGREEMENTS IF AN AWARD IS MADE BY SANDAG” and execute any grant related documents, on consent.

ITEM 8: TRAFFIC AND PARKING ADVISORY COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5 )
Council appointed Ajit Venkatraman as a voting member of the Traffic and Parking Advisory Committee to serve the balance of a vacant term starting July 24, 2023, and ending on May 31, 2025, on consent.

ITEM 9: REQUEST FROM KITCHELL DEVELOPMENT COMPANY TO CONTRIBUTE AN INLIEU FEE FOR FUTURE UNDERGROUNDING OF UTILITIES IN THE 300 BLOCK OF 10TH STREET (CLERK’S FILE NO. 801-3, 1001-2)
The item was pulled from the Consent Calendar for City Council questions and discussion.

Council questions focused on cost estimates; location and source of power for the 941 Camino del Mar project; and whether the Council would consider adding these poles in the Undergrounding Area 1B at a future meeting.

There were no public speakers for the item.

IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY MAYOR

MARTINEZ TO AUTHORIZE THE CITY MANAGER TO ACCEPT AN IN-LIEU UTILITY

UNDERGROUNDING FEE TO SATISFY THE KITCHELL DEVELOPMENT
COMPANY’S (APPLICANT) OBLIGATION UNDER THE 941 CAMINO DEL MAR SPECIFIC PLAN AND DEVELOPMENT AGREEMENT DA22-001 TO UNDERGROUND TWO UTILITY POLES WITH THE DEVELOPMENT OF 307 10TH STREET AND 941 CAMINO DEL MAR. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

COUNCIL MEETING RECESS:

The City Council took a meeting recess from approximately 7:00 to 7:15 p.m.

CITY COUNCIL OTHER BUSINESS
ITEM 10: DISCUSSION OF COUNCIL GUIDING PRINCIPLES AND OBJECTIVES FOR DEVELOPMENT OF SHORT-TERM RENTAL REGULATIONS (CLERK’S FILE NO. 301-19)
4 September 5, 2023 Item 01
City Council Regular Minutes
July 24, 2023

An introduction to the item was provided by Planning and Community Development Director Karen Brindley. A presentation was provided by Principal Planner Amanda Lee and Associate Planner Adriana Jaramishian.

Council questions focused on status of the current Short-Term Rental (STR) regulations in the City; regulatory option for defining owner occupied, investment property, and other types of property; expected timing for the California Coastal Commission (CCC) certification; desire to include state and local cases in the legal landscape update coming to City Council on September 5, 2023; clarification on the guiding principles; STR good neighbor policies; opportunity to collect Transient Occupancy Tax (TOT) and fees; and desire to avoid expensive lawsuits related to STRS.

Mayor Martinez opened the item to public comment and the following people spoke:
1) Steven McDowell
2) Gina Mattern
3) Kimberly Jackson
Mayor Martinez closed the item to public comment.

IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY MAYOR MARTINEZ TO APPROVE GUIDING PRINCIPLES 1-11. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
None.

ADJOURNMENT
Mayor Martinez adjourned the meeting at 9:35 p.m.

Sarah Krietor, Administrative Services Manager/
City Clerk
5 September 5, 2023 Item 01

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
JULY 24, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
And via teleconference
128 Ritchie Ave.

Silver Spring, Maryland 20910

CALL TO ORDER
Mayor Martinez called the meeting to order at 3:15 P.M.

ROLL CALL

Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland. Councilmember Dwight Worden participated remotely.

CLOSED SESSION
A) Real Property Negotiations
Property: San Dieguito Drive from Oribia Road to Racetrack View Drive Negotiating Parties: City of Del Mar and San Dieguito Drive Property Owners Under Negotiation: Potential dedication and improvement of the road and terms and conditions of the same
Authority: Government Code Section 54956.8
Reportable Action: None.

B) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Authority: Government Code Section 54956.9(b)
Reportable Action: None.

ADJOURNMENT
Mayor Martinez adjourned the meeting at 4:20 P.M.

Sarah Krietor, Administrative Services Manager/
City Clerk
6 September 5, 2023 Item 01

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
AUGUST 9, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
And teleconference
4000 MacArthur Blvd. Suite 1050 Newport Beach, CA 92600 And
Wrangelstrasse 94,10997 Berlin, Germany

CALL TO ORDER
Mayor Martinez called the meeting to order at 9:00 A.M.

ROLL CALL

Present: Mayor Tracy Martinez; and Councilmembers Dave Druker and Dwight Worden.

Deputy Mayor Dan Quirk and Councilmember Terry Gaasterland participated in the meeting remotely.

CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: Two
Description: 1) Discussions related to San Dieguito Drive; and 2) Personnel Matter Authority: Government Code Section 54956.9(b)
Reportable Action: No legally reportable action. The City Attorney reported out that

ADJOURNMENT
Mayor Martinez adjourned the meeting at 9:50 A.M.

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

TO: Honorable Mayor and City Council Members
FROM: Mayor Tracy Martinez and Council Member Dave Druker Prepared by Emily Torres, Management Analyst
Via Ashley Jones, City Manager
DATE: September 5, 2023
SUBJECT: Agreement for City Council Retreat Facilitation Services REQUESTED ACTION/RECOMMENDATION:

Mayor Tracy Martinez and Council Member Dave Druker recommend that the City Council:
1) Approve an Agreement with the Centre for Organization Effectiveness for City Council Retreat Facilitation Services (Attachment A);
2) Authorize the City Manager to execute the Agreement; and 3) Allocate $8,300 to cover facilitation services from the General Fund to the City Council Division budget as further described in the Fiscal Impact section of the report.

DISCUSSION:

Prior to the COVID-19 pandemic, the Del Mar City Council historically held Council retreats to improve the effectiveness of the City’s governing body in serving the public. Prior Council retreats, which are open to the public, focused on a variety of skills and topics including teambuilding, effective leadership, and communication. During the City Council’s 2023 Goals and Priorities Workshop in February 2023, the City Council decided to hold a Council retreat in the fall and tasked Mayor Martinez and Council Member Druker with identifying a professional facilitator.

To assist Council, staff solicited proposals from professional organizations to provide facilitation services for the retreat. Proposals were received from The Institute for Local Government and The Centre for Organization Effectiveness. Mayor Martinez, Council Member Druker and Assistant City Manager Clem Brown interviewed both organizations.

Mayor Martinez and Council Member Druker recommend that The Centre for Organization Effectiveness (CFOE) facilitate the retreat based on their exceptional experience, qualifications, and reputation, lower cost and local presence in San Diego County. CFOE’s fee is $8,286, which includes pre-planning and development of the agenda, pre-retreat 1 September 5, 2023 Item 04
City Council Agenda Report
City Council Retreat Facilitator Agreement
September 5, 2023

interviews and post-retreat debriefs with the City Council and City Manager, and facilitation of a one-day, six-hour retreat.

The retreat will focus on assessing the strengths of the City Council, defining the roles and responsibilities of the City Council and City Manager, and forming effective partnerships with other agencies. An initial draft agenda is included as Attachment B, which will be further refined based on insight provided to the facilitator as part of the pre-retreat interviews.

FISCAL IMPACT:

Approval of this item will require an amendment to the Fiscal Year 2023-2024 Operating and Capital Budget as listed in the table below.

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 & PRIORITIES
In February 2023, the City Council identified holding a facilitated Council retreat in 2023 as a City Council priority.

ATTACHMENTS:

Attachment A – Agreement with the Centre for Organizational Effectiveness Attachment B – Draft Council Retreat Agenda

PROGRAM FUND ACCOUNT AMOUNT
Meetings and Travel General Fund 01-5100-3800 $8,300
2 September 5, 2023 Item 04
Attachment A

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF DEL MAR AND THE CENTRE FOR ORGANIZATION EFFECTIVENESS

FOR CITY COUNCIL WORKSHOP FACILITATION
This Professional Services Agreement (“Agreement”) is made and entered into this 5 th day
of September 2023 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and The Centre for Organization Effectiveness (“Consultant”) (collectively “Parties”).

WHEREAS, the City desires to employ a consultant to provide facilitation services in the form of a six-hour, in person City Council Workshop (“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 six-months from the date first written above, which may be extended for an additional six-month period upon written agreement of the Parties.

Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
3 September 5, 2023 Item 04
Consulting Services Agreement Attachment A
For City Council Workshop Facilitation

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 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. 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 4 September 5, 2023 Item 04
Consulting Services Agreement Attachment A
For City Council Workshop Facilitation

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 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. 5 September 5, 2023 Item 04
Consulting Services Agreement Attachment A
For City Council Workshop Facilitation

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 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. 6 September 5, 2023 Item 04
Consulting Services Agreement Attachment A
For City Council Workshop Facilitation

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 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.
7 September 5, 2023 Item 04
Consulting Services Agreement Attachment A
For City Council Workshop Facilitation

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 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, 8 September 5, 2023 Item 04
Consulting Services Agreement Attachment A
For City Council Workshop Facilitation

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 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 The Centre for Organization Effectiveness City Clerk Sommer Kehrli, Chief Executive Officer
1050 Camino del Mar 3914 Murphy Canyon Road A164
Del Mar, CA 92014 San Diego, CA 92123
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.
9 September 5, 2023 Item 04
Consulting Services Agreement Attachment A
For City Council Workshop Facilitation

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.

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 10 September 5, 2023 Item 04
Consulting Services Agreement Attachment A
For City Council Workshop Facilitation

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.
[SIGNATURES ON FOLLOWING PAGE]
11 September 5, 2023 Item 04
Consulting Services Agreement Attachment A
For City Council Workshop Facilitation

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

THE CENTRE FOR ORGANIZATION

EFFECTIVENESS
By: _____________________________
Sommer Kehrli, Chief Executive
Officer

ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager and City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
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Consulting Services Agreement Attachment A
For City Council Workshop Facilitation

EXHIBIT “A”

SCOPE OF SERVICES
Consultant shall provide facilitation services to the City as further described, but not limited to, below:
• Intake and planning meeting with City Manager and leadership • 30-minute interviews with Council members and City Attorney (up to 6) • Administration of the Gallup, CliftonStrengths 34 Assessment for all workshop participants
• 30-minute Strengths debrief session (before or after workshop) • Design and facilitation of a six hour, in-person City Council workshop prior to the end of 2023, based on Council availability
• Debrief meeting with City Manager
13 September 5, 2023 Item 04
Consulting Services Agreement Attachment A
For City Council Workshop Facilitation

EXHIBIT “B”

FEE SCHEDULE

BILLING SCHEDULE
Installment Date Amount
1 of 1 Upon completion of work $8,286
• Support requested by the Client that extends beyond the scope of this proposal will be billed at an hourly rate of $320. Additional materials and expenses, if any, will be billed at cost.
• If additional support is requested beyond this scope, a new proposal will be required. • If additional materials are requested, those will be billed at cost. • The City will provide the location, all A/V equipment, flipchart stand/paper, and food as needed.
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**DRAFT**
City Council Workshop Agenda
Facilitator: Sommer Kehrli, Ph.D., The Centre for Organization Effectiveness September 29, 2023
Pre-Work:
(1) Council Members, City Manager, and Assistant City Manager complete CliftonStrengths Assessment
(2) Council interviews with Facilitator
(3) Review PM Magazine article Getting to Great: Defining the Roles of the Governing Body and Local Government Manager
City Council Workshop Agenda
9:00am Call to Order - Roll Call - Pledge - Welcome Mayor 9:10am Public Comment
9:20am Agenda Review Facilitator
9:25am Review and Discuss Council Members’ CliftonStrengths All 10:40am Break
10:55am Engage in Governance Strengths Exercise & Discuss Use of Various Governance Roles to Reach City’s Goals and Effective Partnership with Other Agencies* All
12:15pm Lunch Break
12:45pm Open Discussion for Specific Council Items to be Informed by Pre-Work Council Interviews (e.g., Communication, Process Improvement Opportunities, etc.) All
2:15pm Adjourn
*based on PM Magazine article Getting to Great: Defining the Roles of the Governing Body and Local Government Manager
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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
Sarah Krietor, Administrative Services Manager
Via Ashley Jones, City Manager
DATE: September 5, 2023
SUBJECT: Approval of Amended Agreement for Retirement Health Savings (RHS) Program for the Del Mar Firefighters Association (DMFA) REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Adopt the Resolution (Attachment A) to adopt the amended Retirement Health Savings (RHS) Program for the Del Mar Firefighters Association; 2) Approve the required program agreement and supporting documents (Attachments B-E); and 3) Authorize the City Manager to execute the necessary documents.

BACKGROUND/ANALYSIS:

In 2014, the City and Del Mar Firefighters Association (DMFA) mutually agreed to explore the possibility of implementing a retirement health savings account or similar program for members of the DMFA. On August 6, 2018, the City Council approved Resolution 2018- 49 adopting the VantageCare Retirement Health Savings (RHS) Program for the Del Mar Firefighters Association (DMFA) with International City/County Management Association Retirement Corporation (ICMA-RC) which is now known as MissionSquare Retirement.

The program allows DMFA employees to accumulate tax-free assets to pay for a widerange of designated medical expenses including health insurance premiums, COBRA payments, Medicare insurance premiums, out-of-pocket medical expenses and co-pays for employees, their spouse and/or their dependents. Expenses may be reimbursed in retirement or as otherwise designated in the plan. The program does not include employer contributions and includes mandatory employee contributions in the amount of 1% for the Firefighter/Paramedic position and 3% for Fire Engineer and Fire Captain positions. As such, the RHS plan is at no cost to the City.

On July 1, 2023, the City Council approved a new Memorandum of Agreement (MOA) with the DMFA for the period July 1, 2023 through June 30, 2027. The adopted MOA requires an amendment to the existing RHS agreement with MissionSquare that would 1 September 5, 2023 Item 05
City Council Agenda Report
Amended Agreement for Retirement Health Savings (RHS) Program September 5, 2023

allow eligible Fire employees to convert 24 hours of accrued vacation leave annually to their RHS account, in additional to the established percentage-based contributions.

Employees will be required to have a minimum balance of 96 hours of vacation leave preceding the conversion. The plan amendment adding the vacation hour conversion is binding and inrevocable, meaning all eligible DMFA members must contribute as described. As this was a negotiated benefit by the DMFA as part of the new MOA, all members have agreed to the requirements stipulated by MissionSquare.

Implementation of the RHS Plan amendment requires that the City Council adopt the Resolution (Attachment A) adopting the amended RHS plan through MissionSquare Retirement. Staff is also recommending approval of the following required supporting documents:
• MissionSquare RHS Adoption Agreement (Attachment B), which specifies how the Retiree Welfare Benefits Plan will work;
• VantageTrust Participation Agreement (Attachment C), which is the contract between the City and MissionSquare Retirement for administration of the RHS Plan;
• Declaration of Integral Part Trust (Attachment D), which establishes the legal entity that will hold the RHS assets. As with the City’s existing deferred compensation plans, the City acts as the Trustee; and
• Retiree Welfare Benefits Plan (Attachment E), which identifies the benefits available to the retiree such as medical, dental, and long-term care coverage.

FISCAL IMPACT:

There is no fiscal impact associated with implementation of the amended RHS Plan. The costs of the plan are paid from RHS assets which are entirely employee funded.

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 related to the City Council Goals and Priorities.

ATTACHMENTS:

Attachment A – Resolution Adopting the Amended Retirement Health Savings Program Attachment B – MissionSquare RHS Adoption Agreement
Attachment C – VantageTrust Participation Agreement
Attachment D – Declaration of Integral Part Trust
Attachment E – Retiree Welfare Benefits Plan
2 September 5, 2023 Item 05
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ADOPTING THE AMENDED RETIREMENT

HEALTH SAVINGS PROGRAM FOR THE DEL MAR

FIREFIGHTERS ASSOCIATION
WHEREAS, the City of Del Mar Fire employees provide valuable services to the City and its residents; and
WHEREAS, the establishment of a retiree health savings program for such employees serves the interests of the City by enabling it to provide reasonable security regarding Fire employees’ health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and
WHEREAS, the City has determined that establishment of the MissionSquare Retirement Health Savings (RHS) Program serves the above objectives; and WHEREAS, on August 6, 2018, the City Council approved Resolution 2018-49 adopting the VantageCare Retirement Health Savings (RHS) Program for the Del Mar Firefighters Association (DMFA) with International City/County Management Association Retirement Corporation (ICMA-RC) which is now known as MissionSquare Retirement; and WHEREAS, on July 10, 2023, the City Council adopted Resolution 2023-29 approving the Memorandum of Agreement (MOA) between the City and DMFA for the period July 1, 2023 through June 30, 2027; and
WHEREAS, pursuant to the approved MOA, the City is required to approve and implement an amendment to the existing RHS Program for DMFA employees through MissionSquare to add an additional provision that would require eligible Fire employees to convert 24 hours of accrued vacation leave annually to their RHS account, in addition to the existing employee contributions in the amount of 1% for the Firefighter/Paramedic position and 3% for Fire Engineer and Fire Captain positions; and WHEREAS, it has been determined that the amended RHS Program for the DMFA can be administered without additional cost to the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that:

1. The above recitals are true and correct.

2. The City hereby adopts the amended MissionSquare Retirement Health Savings Program for Del Mar Firefighter Association employees through the City of Del Mar Integral Part Trust (Trust) and the City of Del Mar Retiree Welfare Benefits Plan (Plan).

3. The assets of the Plan shall be held in trust, with the City of Del Mar serving as trustee for the exclusive benefit of Plan participants and their survivors, and the 3 September 5, 2023 Item 05
Resolution No. 2023-XX

assets of the Plan shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the Plan.

4. The City has executed the Declaration of Trust of the City of Del Mar Integral Part Trust in the form of the sample trust made available by MissionSquare Retirement.

5. The Administrative Services Manager shall be the coordinator and contact for the RHS Program and shall receive necessary reports, notices, and other plan documents and information.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 5
th day of September, 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, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 5
th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
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Attachment B
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Attachment C
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Attachment D
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City of Del Mar
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Attachment E
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City of Del Mar
Agenda Report
TO: Honorable Mayor and City Council Members
FROM: Jon Edelbrock, Director of Community Services/Lifeguard Chief Via Ashley Jones, City Manager
DATE: September 5, 2023
SUBJECT: Acceptance of a Donation from the Del Mar Foundation for All-Terrain Wheelchairs and Accessibility Mats
REQUESTED ACTIONS/RECOMMENDATION:

Staff recommends that the City Council: 1) Accept a donation of $9,000 from the Del Mar Foundation to purchase two all-terrain wheelchairs and two accessibility mats; and 2) Amend the Fiscal Year 2022-23 Operating and Capital Budget to reflect the donation.

DISCUSSION/ANALYSIS:

On July 27, 2023, the City of Del Mar received a funding commitment letter from the Del Mar Foundation (DMF) to purchase two all-terrain wheelchairs and two beach access mats in Fiscal Year (FY) 2023-24 (Attachment A). The wheelchairs replace two older wheelchairs in disrepair and the accessibility mats will be added to the 20th Street beach access area.

The accessibility mats are similar to existing mats located at the 17th and 25th Street beach accesses. The wheelchairs and accessibility mats will contribute to facilitating greater access for all individuals that use the public space, especially those with mobility impairments. DMF has previously donated multiple wheelchairs and accessibility mats to the City, which are utilized by the public daily as well as for special events including the weekly surf clinic operated by the Veteran’s Affairs Medical Center. The wheelchairs will be stored in the Beach Safety Center when not in use, and the accessibility mats will be stored at Public Works during periods of significant beach sand erosion and/or high tides, preventing their use.

FISCAL IMPACT:

Acceptance of the donation from DMF will provide a total of $9,000 in funding to purchase two all-terrain wheelchairs and two beach access mats. Council approval of the recommended action for this agenda item will amend the FY 2023-24 Operating and Capital Budget as reflected in the table below and will have no impact to the General Fund Contingency.

DESCRIPTION ACCOUNT AMOUNT
Revenue
Contributions 01.4800.4831 $9,000
1 September 5, 2023 Item 06
City Council Agenda Report
DMF Donation for All-Terrain Wheelchairs and Accessibility Mats September 5, 2023

Subtotal: $9,000
Expenditures
Small Tools & Equipment 01.5631.2600 $9,000
Subtotal: $9,000
TOTAL GENERAL FUND CONTINGENCY IMPACT: $0
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 - DMF Donation Funding Commitment Letter
2 September 5, 2023 Item 06

ATTACHMENT A
3 September 5, 2023 Item 06
City of Del Mar
Agenda Report
______________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Mariel Cairns, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: September 5, 2023
SUBJECT: First Amendment to Agreement with West Coast Arborists for As-Needed Citywide Tree Management and Maintenance Services
REQUESTED ACTIONS/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve the First Amendment to the Agreement (Agreement) between the City of Del Mar and West Coast Arborists, Inc. (Attachment A) for as-needed citywide tree management and maintenance services; and 2) Authorize the City Manager to execute the First Amendment.

DISCUSSION/ANALYSIS:

The City of Del Mar is committed to the preservation of its urban forest and protection of the natural environment, which is codified in Section 23.50 of the Del Mar Municipal Code (City Tree Ordinance). The City’s Public Works Department is responsible for the maintenance of approximately 1,500 trees located on City properties and rights-of-way.

The City provides tree maintenance services to promote public safety, reduce hazardous conditions, maintain scenic ocean views, and provide visibility for motorists. The Department strategically uses a combination of contractual tree trimming services and inhouse staff to maintain the urban forest consistent with best management practices.

On September 8, 2020, the City entered into an Agreement with West Coast Arborists, Inc. (WCA) (Attachment B) for as-needed citywide tree management and maintenance services for a three-year period, ending on September 8, 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 Contractor. During the initial term of the Agreement, WCA has provided high quality tree maintenance and certified arborist services to the City and has been very timely in responding to emergency requests.

Due to escalating costs of operations, WCA has requested a Consumer Price Index (CPI) based increase of 4.3% in the unit costs for tree management and maintenance services for the remainder of the term of the Agreement. As the Agreement does not 1 September 5, 2023 Item 07
City Council Agenda Report
First Amendment to As-Needed Tree Management and Maintenance Services September 5, 2023

provide for a CPI adjustment, an amendment to the Agreement is needed to formally approve the increase in service rates.

For these reasons, staff recommends approval of the First Amendment to extend the term of the Agreement for an additional two-year period ending on September 8, 2025, and increase unit costs for as-needed citywide tree management and maintenance services by a CPI adjustment of 4.3%.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council for this agenda item. Funds for the as-needed tree management and maintenance services, which total approximately $120,000 annually, are included in the Council approved budget for Fiscal Year 2023- 2024 and Fiscal Year 2024-2025.

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 – First Amendment to Agreement with West Coast Arborists Exhibit B to Attachment A – First Amendment Fee Schedule Attachment B – Agreement with West Coast Arborists for As-Needed Citywide Tree Management and Maintenance Services
2 September 5, 2023 Item 07

FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DEL MAR AND WEST COAST ARBORISTS, INC.

FOR AS-NEED CITYWIDE TREE MANAGEMENT AND MAINTENANCE SERVICES THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 8th day of September, 2023, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and West Coast Arborists, Inc. (“Contractor”) (collectively “Parties”).

RECITALS
WHEREAS, on September 8, 2020, the City and Contractor entered into an Agreement (Agreement), by which the City and Contractor established the terms and conditions for providing as-needed citywide tree management and maintenance services in the parks, medians, street ends, and other public areas of the City of Del Mar for a three-year period terminating September 8, 2023; 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 First Amendment is necessary in order to extend the term of the Agreement and to provide for a 4.3% Consumer Price Index (CPI) based increase to the fees for services.

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 September 8, 2020, and terminating September 8, 2025 (“Termination Date”) unless terminated earlier as set forth herein.

Section 2. Exhibit B to the Agreement (“Fee Schedule”) is hereby removed and replaced by the new Exhibit B included with this First Amendment to provide for a Consumer Price Index based price increase of 4.3% for as-needed tree management and maintenance services.

Section 3. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.

ATTACHMENT A
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City of Del Mar
First Amendment to As-Needed Tree Management and Maintenance Services Agreement

IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager
WEST COAST ARBORISTS, INC.

By:

Patrick Mahoney, President

ATTEST:

By:

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

By:

Leslie E. Devaney, City Attorney
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1 Grid Prune Each $68.84
2 Full Prune 0-18 DBH Each $83.44
3 Full Prune 19-30 DBH Each $125.16
4 Full Prune 31+ DBH Each $150.19
5 Crown Raise Each $61.54
6 Crown Clean 0-18 DBH Each $83.44
7 Crown Clean 19-30 DBH Each $125.16
8 Crown Clean 31+ DBH Each $150.19
9 Crown Reduction 0-18 DBH Each $93.87
10 Crown Reduction 19-30 DBH Each $150.19
11 Crown Reduction 31-36 DBH Each $191.91
12 Crown Reduction 37+ DBH Each $296.21
13 Date Palm Prune Each $208.60
14 Date Palm Trunk Clean Each $208.60
15 Fan Palm Prune Each $87.61
16 Fan Palm Trunk Clean Each $108.47
17 Palm Prune - All Other Each $68.84
18 Tree & Stump Removal 0-12 DBH Each $292.04
19 Tree & Stump Removal 13-18 DBH Each $709.24
20 Tree & Stump Removal 19-24 DBH Each $980.42
21 Tree & Stump Removal 25-30 DBH Each $1,272.46
22 Tree & Stump Removal 31-36 DBH Each $1,512.35
23 Tree & Stump Removal 37+ DBH Each $1,971.27
24 Tree Only Removal 0-12 DBH Each $250.32
25 Tree Only Removal 13-18 DBH Each $646.66
26 Tree Only Removal 19-24 DBH Each $907.41
27 Tree Only Removal 25-30 DBH Each $1,147.30
28 Tree Only Removal 31-36 DBH Each $1,428.91
29 Tree Only Removal 37+ DBH Each $1,793.96
30 Stump Removal Inch $20.86
31 Plant 15 Gallon Tree Each $187.74
32 Plant 24" Box Tree Each $375.48
33 Plant 36" Box Tree Each $1,043.00
34 Arborist Report Man Hour $156.45

CITY OF DEL MAR
Item
Schedule of Compensation for Year 2023 - 2024
Tree Maintenance Services performed by WCA, Inc.

Description Unit Proposed Prices
Printed on: 8/14/2023 8:57:08 AM Page 1 of 2

EXHIBIT B
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35 Risk Assessment Man Hour $156.45
36 Specialty Equipment Rental Day $1,043.00
37 Crew Rental - per man Man Hour $92.83
38 Emergency Crew Rental - per man Man Hour $113.69
39 Emergency Response - after hours Man Hour $134.55
The current rates have remained fixed since 9/1/2020. The proposed rates reflect a cost adjustment of 4.3% based on the current Consumer Price Index for All Urban Consumers (CPI-U): San Diego (July-July). Upon approval, the new rates will be effective 9/1/2023 and valid for 12 months.

CITY OF DEL MAR
Item
Schedule of Compensation for Year 2023 - 2024
Tree Maintenance Services performed by WCA, Inc.

Description Unit Proposed Prices
Printed on: 8/14/2023 8:57:08 AM Page 2 of 2
6 September 5, 2023 Item 07
1 Grid Prune Each $71.80
2 Full Prune 0-18 DBH Each $87.00
3 Full Prune 19-30 DBH Each $130.50
4 Full Prune 31+ DBH Each $156.65
5 Crown Raise Each $64.15
6 Crown Clean 0-18 DBH Each $86.00
7 Crown Clean 19-30 DBH Each $130.50
8 Crown Clean 31+ DBH Each $156.65
9 Crown Reduction 0-18 DBH Each $97.90
10 Crown Reduction 19-30 DBH Each $156.65
11 Crown Reduction 31-36 DBH Each $200.15
12 Crown Reduction 37+ DBH Each $309.00
13 Date Palm Prune Each $217.60
14 Date Palm Trunk Clean Each $217.60
15 Fan Palm Prune Each $91.40
16 Fan Palm Trunk Clean Each $113.15
17 Palm Prune - All Other Each $71.80
18 Tree & Stump Removal 0-12 DBH Each $304.60
19 Tree & Stump Removal 13-18 DBH Each $739.75
20 Tree & Stump Removal 19-24 DBH Each $1,022.55
21 Tree & Stump Removal 25-30 DBH Each $1,372.15
22 Tree & Stump Removal 31-36 DBH Each $1,577.00
23 Tree & Stump Removal 37+ DBH Each $2,056.00
24 Tree Only Removal 0-12 DBH Each $261.10
25 Tree Only Removal 13-18 DBH Each $674.45
26 Tree Only Removal 19-24 DBH Each $946.00
27 Tree Only Removal 25-30 DBH Each $1,196.00
28 Tree Only Removal 31-36 DBH Each $1,490.35
29 Tree Only Removal 37+ DBH Each $1,871.00
30 Stump Removal Inch $21.00
31 Plant 15 Gallon Tree Each $195.80
32 Plant 24" Box Tree Each $391.60
33 Plant 36" Box Tree Each $1,134.60
34 Arborist Report Man Hour $163.20

CITY OF DEL MAR
Item
Schedule of Compensation for Year 2024 - 2025
Tree Maintenance Services performed by WCA, Inc.

Description Unit Proposed Prices
Printed on: 8/21/2023 12:35:18 PM Page 1 of 2
7 September 5, 2023 Item 07
35 Risk Assessment Man Hour $163.20
36 Specialty Equipment Rental Day $1,087.85
37 Crew Rental - per man Man Hour $96.80
38 Emergency Crew Rental - per man Man Hour $118.55
39 Emergency Response - after hours Man Hour $140.30
The proposed rates reflect a cost adjustment of 4.3% similar to the Consumer Price Index for All Urban Consumers (CPI-U): San Diego (July 2022-July2023). Upon approval, the new rates will be effective 9/1/2024 and valid for 12 months.

CITY OF DEL MAR
Item
Schedule of Compensation for Year 2024 - 2025
Tree Maintenance Services performed by WCA, Inc.

Description Unit Proposed Prices
Printed on: 8/21/2023 12:35:18 PM Page 2 of 2
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ATTACHMENT B
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Mariel Cairns, Associate Management Analyst
Ashley Jones, City Manager
DATE: September 5, 2023
SUBJECT: Approval of a Task Order with Michael Baker International to Perform a Lead Water Service Line Inventory
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve a $20,300 Task Order (Attachment A) with Michael Baker International (MBI) to perform a Lead Water Service Line Inventory; and 2) Authorize the City Manager to execute the Task Order.

DISCUSSION/ANALYSIS:

The California State Water Resources Control Board (SWRCB), in partnership with the U.S.

Environmental Protection Agency, protects the public’s drinking water from lead that can adversely affect public health by requiring water systems to monitor lead levels at consumers’ taps. Recent lead legislation requires all public water systems to develop and submit a water service line material inventory and “field verification” work plan to SWRCB by October 16, 2024. SWRCB defines service lines as the pipes that carry water from the water main to a building inlet.

The City has an as-needed consulting services agreement with MBI for surveying, civil and traffic engineering, and development review services. Staff recommends that the City issue a Task Order (Attachment A) under its as-needed Agreement with MBI to perform the first steps to comply with the new legislation. The scope of work includes research of the City’s record drawings, building records and historical information on water mains, service laterals, and appurtenances to produce an inventory of the City’s approximately 1,900 services lines with pipe materials, installation dates, diameters, and identification methods. The next step will be to submit the inventory and a “field verification” work plan for SWRCB approval.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. There are sufficient funds available in the Fiscal Year 2023-2024 Operating and Capital Budget.

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 1 September 5, 2023 Item 08
City Council Agenda Report
Lead Water Service Line Inventory
September 5, 2023

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 & PRIORITIES:

Lead Rule Service Line Inventory Assessment is listed as a Tier 1 City Council priority for Fiscal Years 2023-2024 and 2024-2025.

ATTACHMENTS:

Attachment A – Task Order for MBI
Exhibit A to Attachment A – Proposal for Lead Water Service Line Inventory 2 September 5, 2023 Item 08
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us September 5, 2023 ATTACHMENT A
Michael Baker International SENT VIA EMAIL
Attn: Joanne Tyler and Tim Thiele
5050 Avenida Encinas, Suite 260
Carlsbad, CA 92008
[email protected]
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR LEAD WATER SERVICE LINE INVENTORY (ACCOUNT 51.5840.3200)
This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and Michael Baker International (Consultant), the term for which is December 7, 2020, to December 7, 2023.

Consultant shall execute tasks related to the Lead Water Service Line Inventory, as described in the Consultant’s proposal dated August 16, 2023, and included as Exhibit A to this Task Order.

The project cost for this Task Order shall not exceed $20,300. The project schedule shall commence upon execution of this Task Order/Notice to Proceed and be completed by November 30, 2023 to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.

The primary contact for this Task Order and invoicing is Mariel Cairns, Associate Management Analyst, who can be reached at [email protected] and (858) 704-3677.

Please sign and return an original copy of this Task Order to Denise Galvan, Management Analyst, City of Del Mar, 1050 Camino del Mar, Del Mar, CA 92014 and email a PDF copy to [email protected].

Approved by: Accepted by:
_____________________________________ _______________________________________ Ashley Jones Date Tim Thiele Date
City Manager Vice President
cc: Joe Bride, Public Works Director
Mariel Cairns, Management Analyst
Exhibit A: MBI – Engineering Proposal for Lead Water Service Line Inventory 3 September 5, 2023 Item 08
August 16, 2023
Mr. Joe Bride, PE
Public Works Director
City of Del Mar public Work Department
2240 Jimmy Durante Blvd
Del Mar, CA 92014
Subject: Lead Service Lines Inventory Proposal for Data collection and condition Assessment Service
Dear Joe:

Michael Baker International, Inc. is pleased to submit our proposal for Civil Engineering Services associated with the above-referenced project. The fee reflects the effort required to populate the Excel form prepared by the California Water Board, required for the determination of lead water service lines in the City of Del Mar
Attached is our Scope of Services, Exhibit A; Proposed Compensation, Exhibit B; and an identification of certain items not contained in our Scope of Services, Exhibit C.

Please review the enclosed and if it meets with your approval, provide us with your Contract for execution and our records. Please attempt to incorporate the body of this proposal along with the attached exhibits within your Standard Contract.

We appreciate the opportunity to provide this proposal and look forward to continuing our valued relationship with you. Please feel free to call if you have any questions.

Sincerely,
Joanne Tyler, PE, PLS, QSD
Department Manager - Land Development

EXHIBIT A TO ATTACHMENT A
4 September 5, 2023 Item 08
Michael Baker International, Inc. August 16, 2023
Contract Agreement for Lead Service Lines Inventory Proposal for Data collection and condition Assessment Service
Page A-2

EXHIBIT A
Scope of Services
Consultant agrees to perform the following Scope of Services:

In performing its services hereunder, Michael Baker International, Inc. (Consultant) has or will receive information prepared or compiled by others, the accuracy and completeness of which Consultant is entitled to rely upon without independent evaluation or verification.

1. DATA COLLECTION AND REVIEW
Task 1.1 Coordination with District
Consultant shall gather key GIS data, digital data and hard copy data from the District that includes water mains, valves, customer water meters and service lines.

Task 1.2 Research
Consultant shall gather data sets such as as-builts, building records at the City of Del Mar and the County of San Diego, if necessary.

Task 1.3 Interviews
Consultant shall conduct interviews with District staff and relevant experts to gather historical data that is not present in District and City Records.

Task 1.4 Meetings and Coordination
Consultant shall attend project kickoff and project meetings and provide coordination with Client and other Consultants. A maximum of six (6) hours has been budgeted for this task. Any additional efforts will be provided as additional services as defined herein.

2. DATA ANALYSIS
Task 2.1 Preparation of refined data base
Consultant shall clean and update the District’s data base of service lines with information gathered. Using the Excel form prepared by the California Water Board.

Task 2.2 Meetings and Coordination
Consultant shall attend meetings with Client, and other consultants to review the Design Development package, review drawings, coordinate with other Subconsultants, and to provide consulting services. A maximum of four (4) hours has been budgeted for this task. Any additional efforts will be provided as additional services as defined herein.

Additional Services
Services which are not specifically identified herein as services to be performed by Consultant or its consultants are considered "Additional Services" for purposes of this Agreement. Client may request that Consultant perform services which are Additional Services, however, Consultant is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Service. 5 September 5, 2023 Item 08
Michael Baker International, Inc. August 16, 2023
Contract Agreement for Lead Service Lines Inventory Proposal for Data collection and condition Assessment Service
Page A-3
In the event Consultant performs Additional Services at the Client’s request before receipt of such executed amendment, Client acknowledges its obligation to pay for such services at Consultant's standard rates, within 30 days of receipt of Consultant's invoice.

Assumptions
Consultant's obligations are based upon the following understanding:
1) Update the GIS data base is not part of this scope of work. 2) District shall provide the Consultant with digital and hard copies of water service data require complete task one.

Exhibit A
Client's Initials______
6 September 5, 2023 Item 08
Michael Baker International, Inc. August 16, 2023
Contract Agreement for Lead Service Lines Inventory Proposal for Data collection and condition Assessment Service
Page B-1

EXHIBIT B
Compensation
Client agrees to compensate Consultant for such services monthly on a fixed fee percentage complete basis plus an estimated budget amount of $500 for the cost of reimbursable expenses.

1. DATA COLLECTION AND REVIEWS
Task 1.1 Coordination with District.................................................................$5,000 Task 1.2 Research...........................................................................................4,800 Task 1.3 Interviews..........................................................................................1,000 Task 1.4 Meetings and Coordination................................................................1,200 Data Collection and Review Total $12,000

2. DATA ANALYSIS
Task 2.1 Preparation of refined Data Base ....................................................$7,000 Task 2.2 Meetings and Coordination...................................................................800 Data Analysis Total $7,800
SUBTOTAL $19,800
REIMBURSABLES (budget) $500
TOTAL $20,300
Progress billings will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs advanced by the Consultant. Reimbursable expenses will be billed at cost plus 10%.

Payment Provisions
Client shall pay the Consultant for basic services within 30 days of receipt of invoice from Consultant. In no event shall non-payment of Client by Owner relieve Client’s responsibility to pay Consultant for Services, basic or additional, approved or authorized by Client.

The fees proposed herein shall apply until January, 2024. Due to ever-changing costs, Consultant may increase that portion of the contract fee for which work remains to be completed after that date. The adjustment will be based on the average percentage increase of the new rate schedule over the previous year. This adjustment may be applied annually if the project extends beyond what would normally be considered a reasonable project processing and approval period.

Work shall commence upon receipt of an initialed copy of these Contract Exhibits along with your Standard AIA Form of Agreement.

Exhibit B
Client's Initials______
7 September 5, 2023 Item 08
Michael Baker International, Inc. August 16, 2023
Contract Agreement for Lead Service Lines Inventory Proposal for Data collection and condition Assessment Service
Page C-1

EXHIBIT C
Specific Exclusions
1) Pot Holing
2) Preparation of any exhibits or plans.
3) Field testing of water within laterals.
4) Field investigation of water meter and line.
5) Anything not specifically included in this proposal.

Exhibit C
Client's Initials______
8 September 5, 2023 Item 08
City of Del Mar
Agenda Report
______________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Karen Falk, Principal Engineer
Mariel Cairns, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: September 5, 2023
SUBJECT: Approval of Professional Services Agreement with Bucknam Infrastructure Group, Inc. for the 2023 Pavement Condition Assessment and Five-Year Pavement Management Plan
REQUESTED ACTIONS/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve the Professional Services Agreement (Agreement) between the City of Del Mar and Bucknam Infrastructure Group, Inc. (Attachment A) to provide citywide pavement condition assessment services and prepare a five-year pavement management plan; and 2) Authorize the City Manager to execute the Agreement.

DISCUSSION/ANALYSIS:

The City of Del Mar owns and maintains approximately 25 miles of arterials, local streets, and paved alleys. The City’s street maintenance program completes pavement repairs annually. Typically, street segments have been prioritized and repaired as components of Capital Improvement Program infrastructure projects. Due to significantly reduced funding during the COVID-19 pandemic and the unprecedented rainfall from the past winter storms exacerbating cracks and potholes throughout the City, the backlog of locations in the City requiring pavement rehabilitation or repair has increased.

The City last developed a pavement management plan in 2013 that is now obsolete.

Significant funding, totaling $1,445,000, was included in the current two-year budget for paving projects and the completion of a citywide paving condition assessment and development of a Five-year Pavement Management Plan (PMP). The PMP will provide a strategic approach to efficiently use available funding for prioritized street repairs.

The paving assessment and PMP work will begin with performing a walking field survey to evaluate all paved roadways maintained by the City. These walking field surveys will assess existing condition and formulate a Pavement Condition Index (PCI) for each road segment. Segmented areas are defined as entire blocks between cross streets or shorter distances where pavement conditions are not uniform for the entire block. Based on PCI 1 September 5, 2023 Item 09
City Council Agenda Report
Agreement for Pavement Condition Assessment and Five-Year Pavement Management Plan September 5, 2023

and associated recommended repair techniques, a prioritized list of repairs with estimated costs will be prepared. The PMP will evaluate various funding scenarios to aid in budgeting and future decision-making. Once the PMP is prepared, the database will be updated annually following completion of rehabilitation and replacement projects.

Subsequent comprehensive field surveys are recommended at five (5) year frequencies to maintain accurate PCIs and evaluate whether certain segments have deteriorated earlier than anticipated and update recommended improvements.

Since this field survey and pavement condition assessment and preparation of a five (5) year PMP requires specialization, on July 7, 2023, the City issued a Request for Proposals (RFP) inviting submittals from qualified firms. The City received and evaluated proposals from four consulting firms including BA Sharaf, Bucknam Infrastructure Group (Bucknam), Infrastructure Management Services, and Quality Engineering Solutions.

Per Del Mar Municipal Code Section 7.16, the selection of architects, engineers, land surveyors and construction management firms shall be based on demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the professional services required.

Based on the project team’s project approach, experience and qualifications, efficiency, and recent local experience, staff recommends entering into an agreement with Bucknam for a $16,772 base fee plus $3,228 contingency for a total not-to-exceed contract amount of $20,000. Bucknam’s schedule proposes to complete the scope of work this calendar year, allowing the City to plan for construction of the most critical pavement repairs in early 2024.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council for this agenda item. Funding for this project is included in the Council approved Capital Improvement Program budget for Fiscal Year 2023-2024 under 40.7000.7009 – Annual Pavement Rehabilitation.

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:

Approval of this agreement is associated with the 2023 Pavement Condition Assessment and Five-Year Pavement Management Plan, which is a Tier 2 Council priority project for Fiscal Years 2023-24.

ATTACHMENTS:

Attachment A – Agreement with Bucknam Infrastructure Group, Inc. 2 September 5, 2023 Item 09

PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND BUCKNAM INFRASTRUCTURE GROUP, INC.

FOR 2023 PAVEMENT CONDITION ASSESSMENT

AND FIVE-YEAR PAVEMENT MANAGEMENT PLAN
This Professional Services Agreement (“Agreement”) is made and entered into this 5th day of September, 2023 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Bucknam Infrastructure Group, Inc. (“Consultant”) (collectively “Parties”).

WHEREAS, the City desires to employ a consultant to provide citywide pavement condition assessment services and prepare a five (5)-year pavement management plan (“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. Project Coordinator. The City’s Principal Engineer is hereby designated as the Project Coordinator for the City and will monitor the progress and execution of this Agreement. Consultant shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for Consultant. Peter Bucknam is hereby designated as the Project Director for Consultant. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services.

1.3. 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.

ATTACHMENT A
3 September 5, 2023 Item 09
Professional Services Agreement
For 2023 Pavement Condition Assessment and Five-Year Pavement Management Plan

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for a oneyear period from September 5, 2023, through September 5, 2024.

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 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 September 5, 2023 Item 09
Professional Services Agreement
For 2023 Pavement Condition Assessment and Five-Year Pavement Management Plan

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 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 5 September 5, 2023 Item 09
Professional Services Agreement
For 2023 Pavement Condition Assessment and Five-Year Pavement Management Plan

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 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 6 September 5, 2023 Item 09
Professional Services Agreement
For 2023 Pavement Condition Assessment and Five-Year Pavement Management Plan

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 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. 7 September 5, 2023 Item 09
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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 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. 8 September 5, 2023 Item 09
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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 ensure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 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 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 Bucknam Infrastructure Group, Inc.

City Clerk Peter Bucknam, President
1050 Camino del Mar 3548 Seagate Way, Suite 230
Del Mar, CA 92014 Oceanside, CA 92056
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 9 September 5, 2023 Item 09
Professional Services Agreement
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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.

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. 10 September 5, 2023 Item 09
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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.
[SIGNATURES ON THE FOLLOWING PAGE]
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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
BUCKNAM INFRASTRUCTURE GROUP, INC.

By: _______________________
Peter Bucknam, 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
Project Understanding / Approach
As the City of Del Mar’s infrastructure matures, the City’s staff is striving to update the City’s Pavement Management Program (PMP) through cost effective condition surveys, engineering cost evaluation, priority Arterial Capital Improvement Program (CIP) / Local “neighborhood” and budgetary reporting within the PMP database. Bucknam’s experience through adherence to scopes, schedules and costs have proven themselves over the past twenty-five (25) years of PMP service to San Diego County local agencies.

The City requires a team that will not only survey the defined sections using cost-conscious ASTM D6433 methodologies but will create a comprehensive program that includes the enhancement of your five-year PMP CIP, neighborhood maintenance, PMP training, essential data for PS&E bid document preparation, stewardship of the PMP and GIS links to the PMP,
Bucknam will provide these services through our proactive and accurate update of your PMP; we will address the City’s primary goals of:
• Establishing project kickoff meeting to finalize scope of work, all team members, project schedule and deliverables
• Assessing and validating all street classifications, segmentation and segment metrics (turn-key effort)
• Surveying 25 miles of Arterial, Collector, Local and Alley streets; o Verifying / updating pavement centerline and metric data (PMP vs. GIS);  Through the use of Bucknam’s pavement segmentation Artificial Intelligence (AI) calculations;
o Generating 2023 Pavement Condition Index (PCI) ratings for each segment and overall network;
• Developing a proactive overlay rehabilitation schedules based on potential $500k, $750k and $1M capital funding levels;
• Establishing solid recommendations for current / future maintenance needs; • Utilizing the City’s existing funding to generate a baseline five (5) year CIP; • Recommending alternative maintenance budgets that demonstrate realistic return-oninvestments (ROI), i.e., Maintain PCI, Improve PCI, etc.) • Publishing multiple budget scenarios within MyRoads® (Bucknam’s PMP-GIS webportal/dashboard); • Providing all necessary PMP documentation to the City at or before the defined RFP deadline (December 2023);
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1) Project Implementation
TASK 1.1: Project Kickoff
The first step in implementing a successful pavement management program truly resides in frequent communication and timely scheduled data updates. For the City of Del Mar it will be essential to establish, up front, the Public Works Department pavement management priorities. Our team will set a Project Kickoff meeting with the key Public Works staff to discuss and review in detail the expectations of the project, technical approach, section ID / GIS management & surveys, district/zone maintenance, deliverables within the scope of work and the review of schedule.

This effort will build consensus between the Public Works/Maintenance staff as well as build stronger ARTERIAL CIP and LOCAL neighborhood maintenance programs that complement large Public Works CIP projects.

The essential topics to be discussed will include the review and assessment of survey areas based on recent maintenance/rehabilitation work and schedules, new construction, data quality and condition, current pavement procedures, historical expenditure levels and desired service levels.

Deliverable: Meeting minutes, revised project schedule (if necessary) TASK 1.2: Project Status Meetings - Quality Control Program Status Meetings and Progress Reports
• Minimum of three meetings during the project (kickoff, field, and status meetings) – minimum of eight (8) hours; Field review meetings; monthly progress status reports will be delivered to City project manager.

Quality Control (QC)
We will use a statistical sampling approach for measuring the quality of our field technician’s work. In this manner, 10 percent of the original annual surveys will be re-surveyed by an independent survey crew, supervised by a field supervisor, and the results will be compared to the original surveys (this will include

2.5 miles of arterial/local/alley QC).

Our QC process involves checking the field crews’ work in a “blind study” fashion. Quality control checks will be performed at the end of each survey week. This will ensure that all field personnel are properly collecting distresses and pavement quantities for all street segments.

Since we will collect required distress information on Bucknam’s Army Corps of Engineers MicroPAVER mobile field tablets with the Del Mar PMP database live, our staff will be able to perform immediate quality control tests.

This will ensure that all system and analysis settings as well as City recommendations and standards are being followed. Over the past two years, Bucknam has submitted fifty (50) San Diego/TransNet, METRO/OCTA compliant reports for SD, LA and Orange County municipalities. 14 September 5, 2023 Item 09
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Our surveys follow the accepted ACOE ASTM D6433 procedure requirements. A copy of the QA/QC plan utilized by our staff during the project will be submitted along with the PMP certification documents. Our staff has attended the OCTA PMP Distress Training Classes held in each year, 2011 thru 2023.

In February 2023 our staff was acknowledged as “qualified inspectors and firm” to prepare PMP’s compliant with the OCTA Countywide Pavement Management Guidelines(this certification/compliance runs through June 2025). 2) Client Satisfaction
TASK 2.1: Project Deliverables
Shown throughout our Scope of Work, each Task is summarized with project deliverables. Client satisfaction will derive from frequent communication with the Project Manager and key staff members from the Engineering / Public Works departments. Project success is created by delivering on three main factors;
1) Adherence to scope tasks and deliverables
2) Performing to the standard set by the Project Schedule; and 3) Controlling costs. Our Project Manager will follow each of these factors throughout the duration of the project
Deliverable: Project Status Updates, as stated in Task 1.2 3) Project Schedule
TASK 3.1: Work Flow / Project Schedule
Per the RFP, our project schedule (see Section 3) will be agreed upon. Once established, Bucknam will demonstrate each major task identified in our scope of work, as well as quality control milestones and meetings. Bucknam currently has ample staff to apply to this project in order to meet an aggressive schedule (5 field technicians are available and will drive the proactive schedule).

With a completed survey, our team will work with you to establish a PMP that provides specific, manageable pavement segments, detailed Excel maintenance schedules of needed repairs and cost conscious maintenance recommendations that will assist you in preparing budget estimates required to complete the scheduled work for fiscal year 2024-25 and beyond. 4) Major Tasks
TASK 4.1: Pavement Condition Surveys
First and foremost, the assessment of the City’s pavement segmentation is one of the key priorities for this project. With ten (10) years between major inspections it will be essential to verify that all Arterial, Collector and Local segmentation is up-to-date and that section true area SF quantities are verified, accurate and reliable. This will be completed by utilizing Bucknam’s cloud-based learning technology (AI) to correctly quantify square footages for each pavement section (see sample below). 15 September 5, 2023 Item 09
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Bucknam’s use of cloud-based
learning technology is initiated by
providing the AI with the City of
Del Mar’s most recent aerial
image; in doing so, all AC and PCC
pavement true areas are
calculated. These calculations are
possible due to the cloud-based
learning tech’s inherent working
knowledge of how to recognize
edge-of-pavement, surface types, medians, bus pads and AC/PCC surface limits.

This ability will allow Bucknam to obtain the necessary quality control measurements for defined Del Mar PMP segments and to perform segment true area SF variance reports. This will in turn create more accurate PCI’s, engineering project cost estimations, total centerline / square footages of the Del Mar network as well as for each unique pavement segments.

We will review/assess new and/or missing streets previously excluded from the last PMP update and create the necessary segmentation within the Del Mar PMP database + GIS links.

Once the pavement segmentation has been assessed and verified, the necessary 25 miles of Arterial, Collector, Local and Alley inspections will be performed. It is the City’s desire to survey all pavement sections this fiscal year.

Our surveying methods will be conducted by remaining consistent with ASTM D6433 & the Army Corp of Engineers AC/PCC sampling guidelines while being flexible to current City requirements.

1. PMP Surveys - All sections are surveyed through industry standard walking methodologies. AC/PCC distress types will be collected based upon actual surface conditions and physical characteristics of the segment.

All sample locations are observed through walking surveys; samples areas will cover a minimum of 20% of the total section area and will be 2,500 SF +/- 1,000 SF in size. According to the City’s RFP the following pavement sections are to be surveyed for the upcoming 2023 PMP update:
• The inspection of approximately 25 centerline miles of Arterial / Collector, Local and Alley segments will be performed;
• Recent overlay rehabilitation applications will reduce total mileage of survey – TBD; Our use of Tablet-based units allows our staff to collect pavement data with the City of Del Mar’s PMP database live in the field. At the end of the day all electronic data is transferred to our office for quality control and management.

Roadway Verification Survey - A listing of the field attribute data that is updated/verified during the survey for the pavement management database is listed below:
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2. Field Attribute Data (updated and/or verified)
• Street Name, From/to, indicating the assigned limits of the section • Historical PCI tracking from previous inspections and 2023 PCI inspections • Segment rank, length, width, and total true area of the section

3. Conditional data will be evaluated for all street segments and will include:
• ASTM D6433 20 AC & 19 PCC distresses by type, severity and sample area • Sampling/conditional data typically pulled from within edge-of-pavement to edge-of pavement
• PCI ratings (0-100), taking into account the surface condition, level of distress

4. Section Distress and PCI Reporting
Once inspections are completed, we will generate a draft Pavement Condition Index (PCI) Report for City staff to review. The City and our staff will review these reports to ensure that all inventory data is correct, and the project is running smoothly. Our submittal will include:
• PCI Variance report comparing 2013 PCI’s and/or work histories to 2023 PCI’s • Street centerline miles, lane miles, and pavement area o Reported as an entire network
o Reported by functional classification (arterial, collector, local) • Current street network Pavement Condition Index ratings o Report as an entire network
o Reported by functional classification (arterial, collector, local) • Pavement segment tabular listing for the entire street network o PCI Report – sorted by PCI (worst to best)
o PCI Report – sorted alphabetically
Deliverable: Citywide PCI Reports (65% and 100% status PCI reports), Summary findings

DEVELOP RECOMMENDED IMPROVEMENT PROGRAM
TASK 4.2: Maintenance and Rehabilitation Assessment / Priorities We will assist the City in developing the most cost-effective preventative maintenance and rehabilitation strategies necessary to achieve the desired level of serviceability. This will be accomplished by meeting to discuss and strategize pavement applications that are currently being used by the City. We will use this data to conduct an historical and prospective analysis on the conditional and financial impact these practices have on the pavement network.

We will establish the Del Mar maintenance/rehabilitation “decision tree” that will be used to generate pavement recommendations that match current fiscal year rehabilitation approaches/City practices and 17 September 5, 2023 Item 09
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revenues ($500k, $750k, etc.). This will be accomplished by assessing/updating the unique and individual PCI ranges within Bucknam’s internal MicroPAVER software based on functional class (i.e. arterial, collector, local) work histories and age. Our staff will review the Del Mar projected deterioration curves that have been developed based on recent 2023 pavement inspections, surface types, and road classes.

All current market material and labor/unit costs will be integrated into the PMP recommendations and will be derived from the City’s most recent construction bids for pavement rehabilitation.

We will account for inflation rates when long-term revenue projections are made. Our Project Manager and Principal will work closely with the City in defining repair and rehabilitation strategies for each fiscal year as well as establish PMP zones for the street networks. Once the repair/rehabilitation strategies have been defined, the identification of a five-year Priority Forecasted Maintenance/Rehabilitation schedule will be generated.

The recommended budget scenarios will be identified on the basis of several criteria:
• Assessment and review of the City’s Pavement CIP
• Present pavement conditions; Desired levels of service and available resources • Projected / Forecasted PCI’s per section
• Cost benefit of individual strategies (minimum of three (3) scenarios; i.e. $500,000 funding level, $750,000 funding level, $1,000,000 funding level, optional Maintain PCI and Increase PCI budgets through five-year models)
• Budgetary recommendations that satisfy City guidelines • Local fiscal year reporting/improvement scheduling
• Pavement improvement scheduling with the City’s major CIP projects (water, sewer, etc.); when necessary
The primary emphasis of this task is to maximize the scheduling of street maintenance using the most cost-effective strategies available and taking into account a life-cycle cost analysis.

TASK 4.3: Final Citywide CIP / Pavement Rehabilitation Program We will deliver the Final Report to the City which will be essential for staff reference / use as well as presented in a way that is beneficial for elected officials/upper management.

The report will be prepared in a format that uses the information delivered by the PMP database in conjunction with the information and analysis performed by our team. The report will provide the City with information on:
 Current inventory and pavement conditions indices (PCI) for all road classes  Projected annual priority programs for street maintenance/rehabilitation for a 5-yr period (ARTERIAL, LOCAL and ALLEY Forecast Maintenance Reports) that show the largest return on investment and acceptable levels of service;
 Recommended multi-year Overlay Program focusing on efficiently prolonging the life of the Del Mar PMP road network;
 Modeling and finalization of at least three (3) budget scenarios that typically include:
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 $500,000, $750,000 and $1,000,000 annual funding levels;  Future revenues needed based on historical data (trends);  Maintain PCI and/or Increase PCI budget models;
 Publication of multiple budget scenarios within City’s GIS Enterprise & MyRoads® (Bucknam web-portal/dashboard);
 A detailed breakdown of deferred maintenance (backlog); and Our recommendations will provide guidance to the City on how to implement stronger preventative maintenance / rehabilitation strategies and/or increase funding through PMP data examples. Bucknam will conduct a PMP presentation to City staff at community meetings and City Council meetings (pro bono).

Registered Engineer
Mr. Steve Bucknam, P.E. will review all completed data within the final report incorporating the results of our pavement evaluation and conditions. We will provide recommendations for pavement rehabilitation and replacement projects based upon field data and analysis.

Deliverable: Upon final approval, one (1) digital copy of the Final Pavement PMP Report (.pdf), PMPGIS shapefile will be sent to the City.

TASK 4.4: PMP – GIS Mapping
As an enhancement and proactive approach to
this project, our staff will establish a 2023
Pavement-GIS link between Del Mar’s PMP
database and the City’s GIS system. The viable
GIS/centerline data will be exported from the
City’s ArcGIS Enterprise; this will allow our staff to
immediately utilize the data and prepare for
internal PMP editing, survey and reporting. Our
staff will review, with City staff, all ongoing
upcoming capital projects that may impact the GIS
mapping delivered for this project.

The maps described below will be incorporated
into the City’s Final PMP report:
• PCI values for every section
• 5-yr Arterial / Local Rehabilitation Programs
• Functional classification maps
Once the City has approved the Pavement Condition Report, we will update the necessary PMP-GIS linkages. By using the unique ID’s within the PMP and the City’s ESRI street shapefile ID’s, we will update the one-to-one match for each pavement section in the GIS. Our staff will coordinate all project deliveries with the Public Works and the GIS division to ensure that the most current and accurate PMP-GIS maps are represented within the City’s GIS enterprise.

SOLANA

BEACH SAMPLE
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Deliverable: Complete GIS files/themes based on list above (shapefiles).

TASK 4.5: Del Mar MyRoads® PMP Web-Portal
Del Mar MyRoads® PMP Web-Portal – Bucknam’s MyRoads® PMP web-portal is a great match for the Del Mar PMP today and the future. Our application brings your PMP data to life within a dynamic dashboard!
Bucknam now provides all our PMP clients with a unique and agency driven “MyRoads®” web-portal that provides instantaneous access to your
pavement management database. This
“dashboard” allows users to toggle through
individual sections via GIS Lasso map
selections, zone queries, rank selection and
PCI ranges to review all section metrics,
latest/previous inspections, work histories
and filtered PCI reports. To cap it off, your
selections/queries also generate preliminary
engineering costs estimations for slurry,
overlay and reconstruction projects and
provides you with the predictive PCI as if the
work is complete. Bucknam has shown, your
neighbor to the north, the 2023 Solana Beach
MyRoads® account actively working!
This tool will be accessed by City staff simply
through a Username/Password methodology.

As changes are made to the Del Mar PMP
database the MyRoads® dataset is changed to
reflect work history edits, PCI inspections and
section changes.

In summary, MyRoads® allows the user to
perform the following dynamic functions:
• Query specific pavement segment(s) to view current/historic PCI, work history, inspection data; • Filter for pavement sections within a defined zone, PCI range and/or functional class; • Select a pavement section or grouping of section through the on-board GIS tool; • Enter slurry, overlay & reconstruction unit costs to determine preliminary cost of maintenance and resulting citywide PCI
o Display critical street / sidewalks / signs / ROW assets along pavement section(s) that are critical to Engineering Bid development and solicitation (ADA ramps, utilities, manholes, trees, etc.
• Displays all final GIS project maps (PCI, 5-yr forecasted maintenance, etc.) • Bucknam will train Del Mar staff on the simply use of the MyRoads® dashboard. 20 September 5, 2023 Item 09
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TASK 4.6: PMP Training / Annual PMP Technical Support
We will provide City staff with quality training and the necessary skills needed to maintain the PMP.

Bucknam will provide City staff with all collected pavement/GIS data, as well as updated operation manuals for both field data collection and MyRoads® use.

Bucknam staff will conduct comprehensive training sessions covering PMP implementation, PMP methodologies, field survey practices, PCI calculations, PMP data use, editing/updating the database, MyRoads®, budget needs analysis, and how to publish PMP data to GIS.

Training typically involves one (1) day of training on the PMP software (if needed) and GIS linkages. There is no minimum or maximum amount of people that can be trained under this methodology.

Technical support will include the provision of annual PMP support services upon completion of the project. Once the City has approved the Pavement Condition Index Report under this year’s work effort, this service will become active. Our typical support services include:
• Additional budget scenarios, general reporting, deterioration studies • Additional visual inspections above the mileage amount indicated in Task 4.1 • AC/PCC work history updates within the City’s PMP/MyRoads® • Additional pavement management – GIS mapping
• Additional PMP field/in-house training, operational use • GIS Enterprise assessment, management, implementation, support The agreement will include the provision of onsite and telephone support for the City staff.

Deliverable: PMP training, field and internal technical support services (annual) 21 September 5, 2023 Item 09
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EXHIBIT “B”

FEE PROPOSAL
$3,228 reserved for optional task requests, as directed by City.

Total Contract Fee = $20,000

22 September 5, 2023 Item 09
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Karen Falk, Principal Engineer
Joe Bride, Public Works Director
Mariel Cairns, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: September 5, 2023
SUBJECT: Award of Construction Contract with Portillo Concrete, Inc. for the Beach Colony Pedestrian Improvement Project
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Award a $171,000 construction contract to Portillo Concrete, Inc. (Attachment A), which includes the Base Bid plus three Alternate Bid Items, for the Beach Colony Pedestrian Improvement Project; 2) Approve $92,570 in funding for additional pedestrian ramp improvements included as Alternate Bid Items; 3) Authorize the City Manager to execute the contract; and 4) Amend the Fiscal Year (FY) 2023-2024 Operating and Capital Budget as described in the Fiscal Impact section of this report.

DISCUSSION/ANALYSIS:

Several pedestrian curb ramps along Coast Boulevard in the Beach Colony do not meet current American with Disabilities Act (ADA) standards. The City is eligible to use its fiveyear Community Development Block Grant (CDBG) funding for this project and hired NV5 Incorporated (NV5) to evaluate compliance with current ADA standards and design improvements for those locations that are deficient. The evaluation and design included curb ramps at the Coast Boulevard intersections between 17th and 22nd Streets.

During design, NV5 prepared an Engineer’s Estimate for all recommended work totaling $181,680. Taking into consideration the established budget of approximately $80,000 available in CDBG funding, the bid package included a Base Bid and Alternate Bid items.

The Base Bid included the intersections of Coast Boulevard with 20th Street, 21st Street, and 22nd Street. The Engineer’s Estimate for the Base Bid items was $82,650. Additional pedestrian improvements on Coast Boulevard at the intersections of 17th Street, 18th Street, and 19th Street were designed and included in the bid package as Alternate Bid Items. Alternate Bid Items allow the City to compare the cost of additional improvements with the project’s budget and enable the City to decide whether to award additional scope of work. The City reserves the right to award the contract for the Base Bid items only or for the Base Bid plus one or more Alternate Bid Items.
1 September 5, 2023 Item 10
City Council Agenda Report
Award of Construction Contract – Beach Colony Pedestrian Improvement Project September 5, 2023

In accordance with the City’s Municipal Code and Public Contract Code, a notice inviting sealed bids was published on June 30, 2023, was posted to the City’s website and the contractor’s notification web platform Bidnet.com and circulated in a newspaper.

Following the bid solicitation process, five bids were received and opened on August 17, 2023. The verified bid amounts are listed below:

Bidder Base Bid Alternate
A1
Alternate
A2
Alternate
A3
Total of
Base Bid
+
Alternate
Bid
Portillo Concrete $ 80,000 $ 34,000 $ 37,000 $ 20,000 $ 171,000 Angus Asphalt $ 89,300 $ 66,300 $ 67,600 $ 55,800 $279,000 Fordyce Construction $ 94,335 $ 51,930 $ 49,290 $ 25,290 $212,845 Tri-Group Construction and
Development
$ 99,000 $ 40,000 $ 40,000 $ 30,000 $209,000
LC Paving & Sealing $ 112,450 $ 35,500 $ 35,500 $ 25,500 $208,950 For Reference: Engineer’s
Estimate $ 82,650 $36,530 $41,270 $21,230 $181,680
Public Contract Code Section 20162 requires that the City award the contract to the lowest responsive and responsible bidder based on the Base Bid alone. Staff evaluated Portillo Concrete, Inc. (Portillo) and their Base Bid of $80,000 (Attachment B) and determined them to be the lowest responsive and responsible bidder. Portillo’s previous performance on several similar construction contracts for the City of Del Mar has exceeded expectations in quality, schedule, and leadership.

Portillo’s Base Bid includes three locations that only require replacement of existing truncated domes and five locations that require full reconstruction at an average price of $14,500 per pedestrian ramp. Portillo’s Alternate Bid Items total $91,000 and include the full reconstruction of ten additional ramps at an average price of $9,100 per pedestrian ramp. The City will benefit from the economies of scale (i.e., minimal additional mobilization costs, consolidated construction management and staff time) and reduced impacts to the community if the alternate items are also constructed under one contract.

For these reasons, staff recommends award of the Base Bid plus Alternate Items 1, 2, and 3 for a total contract amount of $171,000 to Portillo.

Pending City Council approval, the project will begin in October 2023 after the contract is executed and a Notice to Proceed is issued. The project duration is estimated to be 100 calendar days and completion is expected in December 2023. Upon construction completion, all ADA improvements will be added to the City’s ADA Transition Plan in accordance with Federal and State Access Laws.
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City Council Agenda Report
Award of Construction Contract – Beach Colony Pedestrian Improvement Project September 5, 2023

FISCAL IMPACT:

Approval of this item will require Council to amend the FY 2023-2024 Operating and Capital Budget by allocating an additional $92,570 of General Fund monies. In addition, Council is requested to approve carrying over $126,930 of unspent FY023 TransNet and CDBG funds as listed in Table A below.

Table A: Project Funding Sources
Table B provides an estimate of projected expenditures through project completion.

Table B: Projected Expenditures

DESCRIPTION AMOUNT
Engineering Design and Services During Construction (NV5) $ 23,484 Construction Management (as-needed consultant) $ 15,000 Construction Contract Award (Base Bid + A1, A2, A3) $171,000 Construction Contingency $ 10,016
Total Expenditures: $219,500
ENVIRONMENTAL IMPACT:

This project is listed among the classes of projects determined to have less than significant adverse effect on the environment and therefore, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 Class 1(c)- Existing Facilities. The project involves physical modifications to existing sidewalk pedestrian ramps to ensure American with Disabilities (ADA) compliance and all work will be done within existing public rights-of-way. Staff has further determined that none of the six exceptions to the use of a categorical exemption would apply to this project (CEQA Guidelines Section 15300.2).

PRIOR CITY COUNCIL REVIEW:

On April 3, 2023, the City Council approved Resolution 2023-09 that amended the City’s TransNet Local Street Improvement Program of Projects for Fiscal Years (FY) 2023 through 2027, which identifies Project DM06: Sidewalk, Street, and Drainage improvements for partial funding by TransNet revenue. On December 5, 2022, the City Council approved a Task Order with NV5 Incorporated to perform engineering services for the Beach Colony Pedestrian Improvement Project. On January 10, 2022, the City Council authorized an application for Community Development Block Grant (CDBG)

PROGRAM FUND ACCOUNT AMOUNT
Beach Colony Pedestrian Imp (FY23) CDBG 40.7000.7050 $ 80,000 Beach Colony Pedestrian Imp (FY23) TransNet 44.7000.7050 $ 20,000 Roadway & Sidewalk Imp (FY23) TransNet 44.7000.7050 $ 26,930 Beach Colony Pedestrian Imp (New) General Fund 40.7000.7050 $ 92,570 Total Funding: $219,500
3 September 5, 2023 Item 10
City Council Agenda Report
Award of Construction Contract – Beach Colony Pedestrian Improvement Project September 5, 2023

funding for the reconstruction of sidewalks, walkways, and pedestrian ramps to meet ADA compliance.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The Beach Colony Pedestrian Improvement Project is listed as Tier 1 essential capital improvement project on the City Council’s list of goals and priorities for FY 2023-2024.

ATTACHMENTS:

Attachment A – Contract with Portillo Concrete Incorporated for Beach Colony Pedestrian Improvement Project
Attachment B – Portillo Concrete Incorporated’s Bid Proposal 4 September 5, 2023 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT
Page C-1
This Construction Contract (“Contract”) is made and entered into by and between the City of Del Mar, a municipal corporation, hereinafter referred to as the "City," and Portillo Concrete, Inc. hereinafter referred to as the “Contractor” (collectively “Parties”).

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

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

1. CONTRACTOR'S OBLIGATIONS.

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

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

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

Standard Edition
Standard Specifications for Public Works Construction
(“The GREENBOOK”)
2021
San Diego Regional Standard Drawings 2022

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

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

ATTACHMENT A
5 September 5, 2023 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT
Page C-2
These rates are available online with the California Department of Industrial Relations (www.dir.ca.gov). The Contractor shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum. The Contractor shall comply with the provisions of Sections 1725.5, 1771, 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, 1813, and 1815 of the Labor Code.

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

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

2. SECURITY FOR CONTRACTOR'S PROMISE TO PERFORM.

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

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

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

1. Cash;

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

3. A certified check made payable to the City;

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

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

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

2.3 For contract amounts above $25,000, the Contractor shall file a payment bond using the Payment Bond form found herein or a substitute form acceptable to 6 September 5, 2023 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT
Page C-3
and approved by the City, in the amount of 100% of bid amount, with and subject to the approval of the Director of Public Works in accordance with Civil Code section 3247.

3. CONTRACT AMOUNT AND SCHEDULE.

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

3.2 Contractor agrees to complete the Work on BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT in a time period not to exceed ONE HUNDRED (100) calendar days per Section 6-3 of the Standard Specifications for Public Works Construction (GREENBOOK), commencing upon the date stated in the Notice To Proceed issued by the City. Construction shall not commence until the City has approved bonds and insurance.

4. TERMINATION OF CONTRACT.

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

5. STATUS OF THE CONTRACTOR.

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

6. SUBCONTRACTING.

The Contractor’s ability to subcontract is limited by and must comply with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code sections 4100 et seq. If the Contractor subcontracts any of the Work to be performed under this Contract, the Contractor shall be as fully responsible to the City for the acts and omissions of the Contractor's subcontractor and of the persons either 7 September 5, 2023 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT
Page C-4
directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the Contract shall create any contractual relations between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor by the terms of the Contract applicable to Contractor's Work unless specifically noted to the contrary in the subcontract in question approved in writing by the City.

7. ASSIGNMENT OF CONTRACT.

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

8. VERBAL AGREEMENT OR CONVERSATION.

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

9. DISPUTES.

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

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

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

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

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

A. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims.
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CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT
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B. For all claims, pursuant to Public Contract Code Sections 20104 and 9204:

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

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

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

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

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

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

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

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

FOR BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT
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3. A single mediator shall be selected to mediate the dispute. At least ten (10) days before a scheduled session, each party shall provide the mediator a brief memorandum setting forth its position about the issues that need to be resolved. The brief shall be mutually exchanged between the parties. At the mediation session, the parties will be expected to produce required information for the mediator to understand and evaluate the issues presented.

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

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

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

10. HOLD HARMLESS.

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

10.2 By inspecting, approving or accepting the improvements, City shall not have waived the protections afforded herein to the City Indemnified Parties or diminished the obligation of Contractor, who shall remain obligated in the same degree to indemnify and hold the City Indemnified Parties harmless as provided above.
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AND PORTILLO CONCRETE, INC.

FOR BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT
Page C-7

10.3 Contractor's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the City Indemnified Parties’ sole active negligence or willful misconduct.

11. RESPONSIBILITY FOR DAMAGE.

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

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

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

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

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

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

11.7 The costs of this insurance shall be considered as included in the prices paid for the various Contract items of Work and no additional compensation will be allowed, therefore.
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AND PORTILLO CONCRETE, INC.

FOR BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT
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11.8 The Contractor shall either: (1) require each of its subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified, or (2) insure the activities of its subcontractors in its own policy in like amount.

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

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

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

12. NOTICES.

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

City of Del Mar Portillo Concrete, Inc.

Attn: City Clerk Attn: Mario Portillo
1050 Camino del Mar 3527 Citrus Street
Del Mar, CA 92014 Lemon Grove, CA 91945
[email protected] [email protected]

13. LIQUIDATED DAMAGES; EXTENSION OF TIME.

In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of two hundred and fifty dollars ($250) per day for each calendar day completion is delayed beyond the time allowed pursuant to paragraph 3 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of CONTRACTOR, including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay.

14. PERFORMANCE.

The City hereby promises and agrees with the Contractor to employ, and does hereby employ the Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, and in the manner and upon the 12 September 5, 2023 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT
Page C-9
conditions hereinafter set forth, and the City and the Contractor for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.

15. CONTRACT AUTHORITY OVER PROPOSAL.

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

16. CONTRACT DOCUMENTS.

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

1. Notice Inviting Bid(s)

2. Information and Instructions for Bidders

3. Proposal

4. Contract

5. Worker's Compensation Certificate

6. Performance Bond

7. Payment Bond

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

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

10. Addenda and approved Change Orders

11. Project Specifications: Appendices A through F
All the above-named Contract Documents are intended to be complementary. The Work required by one of the above-named documents and not by others shall be performed as if required by all. Any conflicts in terms or requirements of any of the Contract Documents shall be determined by the order of precedence set forth in the GREENBOOK.

17. ATTACHMENTS.

The following Contract Documents are attached hereto:

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

18. NON-DISCRIMINATION.

Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran 13 September 5, 2023 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT
Page C-10
status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

19. CALIFORNIA LAW; VENUE/MISCELLANEOUS.

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

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

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

21. NO WAIVER.

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

22. SEVERABILITY.

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

23. CONFLICTS BETWEEN TERMS.

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

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

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24. SIGNING AUTHORITY.

The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Contract, which will be effective as of the date of the City’s execution of the Contract listed below.

CITY OF DEL MAR, PORTILLO CONCRETE, INC.
a municipal corporation a California Corporation
By: By:

Ashley Jones, City Manager Mario Portillo, President/CEO Date: Date:

APPROVED AS TO FORM:

Leslie E. Devaney, City Attorney
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
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ATTACHMENT A – SCOPE OF WORK
Contractor shall refer to BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT Specifications (including Appendices A through F) and Drawings for the description of the scope of work to be performed.
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ATTACHMENT B – BID SCHEDULE
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ATTACHMENT C - WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the Labor Code provides in part as follows:
"Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.” I hereby certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.

CONTRACTOR'S NAME:

ADDRESS:

BOND NO.:

SIGNATURE:

PRINT NAME/TITLE OF SIGNER:

DATE:
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BOND NO._____________________

ATTACHMENT D - PERFORMANCE BOND
WHEREAS, the City of Del Mar, a Charter City and municipal Corporation (“City”) on the _____ day of ________, 20___, awarded to [Name of Contractor] (“Principal”) a contract for the work described as BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

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

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

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

In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation costs and expenses incurred by City in such suit, including attorney's fees, court costs, expert witness fees and investigation expenses. 20 September 5, 2023 Item 10
Page C-17
IN WITNESS WHEREOF, identical counterparts of this
instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ________, 20___.

SURETY PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
By:
(Name)
(Title)
Signature of Attorney-in-Fact
NOTE: (a) Signature of those executing for Surety must be properly acknowledged. (b) The Attorney-in-fact must attach a certified copy of the Power of Attorney. 21 September 5, 2023 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT
Page C-18

ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 22 September 5, 2023 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT
Page C-19
BOND NO._____________________

ATTACHMENT E - PAYMENT BOND
WHEREAS, the City of Del Mar, a Charter City and municipal Corporation (hereinafter designated as City), on day of , 20 awarded to_____________________________________________________________________ ________
(hereinafter designated as the Principal) a contract for the work described as follows:

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

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

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or 23 September 5, 2023 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT
Page C-20
equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond, and that his bond be construed most strongly against the surety and in favor of all persons for whose benefit such bond is given, by reason of any breach of contract between the City and Principal or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the California Civil Code, and has not been paid the full amount of his claim. Surety hereby waives notice of any such change, extension of time, addition, alteration or modification herein mentioned.

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

IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the day of , 20 .

SURETY PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
By:
(Name)
(Title)
(Attach required acknowledgements)
Signature of Attorney-In-Fact
24 September 5, 2023 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT
Page C-21

ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 25 September 5, 2023 Item 10

ATTACHMENT B
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40 September 5, 2023 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Karen Brindley, Planning and Community Development Director Sarah Krietor, Administrative Services Manager
Via Ashley Jones, City Manager
DATE: September 5, 2023
SUBJECT: Approval of Agreement with Civic Solutions, Inc. for Contract Planning Services REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council approve a Professional Services Agreement retroactively effective to August 3, 2023, with Civic Solutions, Inc. (Attachment A) to provide contract planning services, which was previously authorized by the City Manager on an urgency basis due to the high volume of work and current vacancies in the City’s Planning and Community Development Department.

DISCUSSION/ANALYSIS:

The Planning & Community Development Department (Planning Department) is experiencing ongoing staffing storages due to changes in the public sector labor market affecting agencies across California. The Planning Department has eight (8) full-time funded planning positions including Principal Planner (2), Senior Planner (2), Associate Planner (3) and Assistant Planner (1). Currently, there are two vacant Senior Planner positions, and a temporary, extended absence at the Associate Planner level. The Planning Department organization chart is included as Attachment B for reference.

In response to these significant staffing challenges, the City has increased its recruitment efforts and has explored options to arrange for as-needed contract planning services to supplement and support existing full-time staff until the current vacant positions are filled.

Entering into an agreement with an outside firm will allow the Planning Department the flexibility to use contract planning services as needed to ensure the City’s community planning needs, including completing City Council goals and priorities, are fulfilled despite fluctuations and changes in full-time staffing.

In order to meet an immediate and critical need, staff entered into an emergency Agreement with Civic Solutions, Inc. for contract planning services (Attachment A) during the Council’s August recess based on Del Mar Municipal Code Section 7.04.090 (O) - Exemption from Bidding. Civic Solutions, Inc. specializes in municipal planning for smaller coastal agencies and has recent experience supporting similar North County coastal agencies. The emergency Agreement is for a shorter period of 1-year, which will allow the City to address an immediate need and provide for staff time to prepare a Request for Qualifications (RFQ) to solicit 1 September 5, 2023 Item 11
City Council Agenda Report
Agreement for Contract Planning Services
September 5, 2023

proposals from qualified firms to provide as-needed contract planning services on a longerterm basis.

Civic Solutions, Inc. was scheduled to place a contract planner with the City on August 9, 2023; however, the arrangement fell through. The City is continuing to work with Civic Solutions, Inc. to coordinate contract planning support as soon as possible.

FISCAL IMPACT:

This is no fiscal impact associated with this action. Funds necessary to cover the contract planning services are included in the Fiscal Years 2023-2024 Capital and Operating Budget.

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 Civic Solutions, Inc.

Attachment B – Planning and Community Development Department Organization Chart 2 September 5, 2023 Item 11
3 September 5, 2023 Item 11
4 September 5, 2023 Item 11
5 September 5, 2023 Item 11
6 September 5, 2023 Item 11
7 September 5, 2023 Item 11
8 September 5, 2023 Item 11
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12 September 5, 2023 Item 11
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15 September 5, 2023 Item 11
16 September 5, 2023 Item 11

PLANNING & COMMUNITY

DEVELOPMENT DIRECTOR

PLANNING &

DEVELOPMENT
REVIEW

PRINCIPAL
PLANNER (2)

SENIOR PLANNER
(2)

ASSOCIATE
PLANNER (3)

ASSISTANT

PLANNER

MANAGEMENT

ANALYST
CODE

ENFORCEMENT
CODE

ENFORCEMENT

OFFICER

BUILDING

SERVICES

BUILDING OFFICIAL
(TNC)

CLEAN WATER

PROGRAM

CLEAN WATER

PROGRAM MANAGER
(MOE ENGINEERING)

CURRENT PLANNING

LONG RANGE PLANNING

ECONOMIC REVITALIZATION

ZONING ADMINISTRATION

ENVIRONMENTAL REVIEW

CODE ENFORCEMENT

CLEAN WATER PROGRAM

BUILDING SERVICES
Planning & Community Development Department
Organizational Chart
17 September 5, 2023 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable City Council Members
FROM: Mayor Tracy Martinez and Councilmember Terry Gaasterland DATE: September 5, 2023
SUBJECT: Resolution of Support for a Robust Public Outreach and Participation Process related to the LOSSAN Rail Realignment Project
REQUESTED ACTION/RECOMMENDATION:

Mayor Martinez and Councilmember Gaasterland request that the City Council adopt a Resolution in support of the San Diego Association of Governments (SANDAG) conducting a robust, responsive, and transparent public outreach and participation process related to the LOSSAN Rail Realignment Project.

DISCUSSION/ANALYSIS:

In 2017, SANDAG staff completed a conceptual alignment study that identified potential rail alignments that would remove the tracks from the environmentally sensitive Del Mar bluffs and relocate them to an inland location.

Following completion of the conceptual study, in 2020 SANDAG staff began the San Diego Regional Rail Alignment Study (Rail Realignment Study), which builds upon and further refines the five alternative rail realignments proposed in the 2017 conceptual study. SANDAG’s stated purpose of the Rail Realignment Study is to modernize the rail corridor to support future infrastructure investments, reduce travel times, increase capacity, and enhance safety to ensure the long-term viability and resiliency of the corridor.

Periodic updates regarding the SANDAG Rail Realignment Study have been provided to the Del Mar City Council, including July 2020, May 2021, and most recently on July 24, 2023. On July 24, SANDAG staff provided details on how they plan to inform and engage the public regarding the Rail Realignment project throughout the process.

As explained by SANDAG staff, the plan is to conduct a series of in-person and online public information and listening sessions throughout each stage of the process, the first of which was held in-person on August 30, 2023, at the Del Mar Civic Center.

Additional outreach will be conducted via social media, mailed post cards to over 14,000 business/residential properties, coordination with key stakeholders and community 1 September 5, 2023 Item 12
City Council Agenda Report
Resolution in Support of Public Outreach – LOSSAN Rail Realignment September 5, 2023

groups, advertisements in the Del Mar Times and Coast News, and ongoing updates and information that will be made publicly available on SANDAG’s website.

Following completion of the Rail Realignment Study, future phases of the overall project will include environmental review, full design, and construction. The envisioned timeline would achieve project completion by 2035, with the tracks no longer operating on the Del Mar bluffs.

The City of Del Mar has expressed strong support for relocating the rail line to an inland location away from the environmentally sensitive and fragile bluffs. However, in doing so, it is critically important to the City of Del Mar that SANDAG commit to engaging the public through every means possible to ensure a robust public participation process in which the public can participate fully, receive answers to questions, and provide feedback for consideration prior to decisions being made. The purpose of the proposed Resolution is to formally acknowledge and memorialize that expectation for SANDAG and the public.

FISCAL IMPACT:

There is no fiscal impact 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 Action (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:

Relocation of the rails from the Del Mar bluffs is a stated priority for the Del Mar City Council.

ATTACHMENTS:

Attachment A – Resolution Expressing Support for SANDAG Conducting a Robust Public Outreach and Participation Process Related to the LOSSAN Rail Realignment Project
2 September 5, 2023 Item 12
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, EXPRESSING SUPPORT FOR THE SAN

DIEGO ASSOCIATION OF GOVERNMENTS CONDUCTING A

ROBUST PUBLIC OUTREACH AND PARTICIPATION

PROCESS RELATED TO THE LOSSAN RAIL REALIGNMENT

PROJECT
WHEREAS, the Los Angeles—San Diego—San Luis Obispo (LOSSAN) rail corridor is an intercity rail corridor supporting commuter, intercity, and freight rail services;
WHEREAS, this rail corridor is part of our region’s economy and has a role in our nation’s defense by providing direct rail access to several key military bases; and WHEREAS, an approximately 1.5-mile portion of this rail line runs on a single track along the environmentally sensitive and fragile Del Mar bluffs; and WHEREAS, the City has expressed strong support for the relocation of the rails to an inland location by the San Diego Association of Governments (SANDAG) as expeditiously as possible; and
WHEREAS, as part of the rail relocation effort, it is critically important that SANDAG comprehensively informs the public of the impacts of all realignment alternatives currently under consideration and facilitates a process that allows for robust public outreach and participation to determine the future placement of the rail line; and WHEREAS, on July 24, 2023, representatives from SANDAG presented a plan for public outreach and participation to the Del Mar City Council related to the LOSSAN Rail Realignment Project; and
WHEREAS the City wishes to formally express support for SANDAG’s public outreach plan and further encourages SANDAG to commit to engaging the public through every means possible to ensure a robust public participation process in which the public can participate fully, receive answers to questions, and provide feedback for consideration prior to decisions being made.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that:

1. The above recitals are true and correct.

2. The City Council expresses support for SANDAG’s public outreach plan and further encourages SANDAG to look for every opportunity possible to engage the public and ensure significant opportunities for public participation and feedback prior to the selection of a final rail realignment and throughout the process.

ATTACHMENT A
3 September 5, 2023 Item 12
Resolution No. 2023-XX

3. The City Council directs the City Manager to provide a copy of this Resolution to SANDAG.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 5
th day of September, 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, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 5
th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
4 September 5, 2023 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Council Members Dave Druker and Dwight Worden, Council Liaisons to the Finance Committee
Prepared by Denise Galvan, Management Analyst
DATE: September 5, 2023
SUBJECT: Finance Committee Appointment
REQUESTED ACTION/RECOMMENDATION:

The City Council Liaisons to the Finance Committee recommend that the City Council appoint Kenneth Barrett as a voting member to the Finance Committee to serve a full three-year term effective September 5, 2023, and ending on September 30, 2026.

DISCUSSION/ANALYSIS:

The Finance Committee (Committee) serves as an advisory committee to the City Council and provides recommendations on City finances including updates to the City’s operating and capital budgets, budget forecasts and trends in revenues, expenditures, project costs and cash flows; Annual Comprehensive Financial Report (ACFR); CalPERS Cost Sharing Pool Reports and the related annual contributions to the Pension Reserve Fund; City’s Pension Reserve Policy; City’s financial metrics; and other assignments from the Council, such as long-term planning, fee assessments, and sources of possible revenues. The Committee consists of nine members well versed in financial matters. At least eight of the Committee members must be residents of Del Mar.

There is currently one vacancy on the Committee due to the term expiration of K. Alan Lonbom on July 31, 2023. City staff advertised the vacancy, and one Citizen Interest Form was received during the recruitment period from Kenneth Barrett (Attachment A). The Council Liaisons to the Committee have reviewed the application and recommend that the City Council appoint Kenneth Barrett as a voting member for a full three-year term starting on September 5, 2023, and ending on September 30, 2026.

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

ATTACHMENTS:

Attachment A – Citizen Interest Form
Attachment B – Finance Committee Roster
1 September 5, 2023 Item 13
2 September 5, 2023 Item 13
3 September 5, 2023 Item 13
4 September 5, 2023 Item 13
5 September 5, 2023 Item 13
6 September 5, 2023 Item 13
7 September 5, 2023 Item 13
City of Del Mar
Finance Committee
Appointing Authority City Council
Position Chair
Jeffrey G. Sturgis
2nd Term Nov 09, 2020 - Nov 09, 2023
Appointing Authority City Council
Position Vice Chair
Tom L Tullie
2nd Term Nov 09, 2020 - Nov 09, 2023
Appointing Authority City Council
Jas K Grewal
2nd Term Jul 31, 2021 - Jul 31, 2024
Appointing Authority City Council
Position Secretary
Laura Pierce
1st Term Jul 31, 2021 - Jul 31, 2024
Appointing Authority City Council
Laura S Demarco
1st Term May 02, 2022 - May 31, 2025
Appointing Authority City Council
Steven Allen Mcdowell
1st Term Aug 01, 2022 - Aug 31, 2025
Board Roster
Finance Committee Page 1 of 2
8 September 5, 2023 Item 13
Appointing Authority City Council
William T Scott
1st Term Aug 01, 2022 - Aug 31, 2025
Appointing Authority City Council
Michael Minter
1st Term Nov 14, 2022 - Nov 30, 2025
Appointing Authority City Council
Vacancy
Finance Committee Page 2 of 2
9 September 5, 2023 Item 13
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Joshua Gordon, Fire Chief
Via Ashley Jones, City Manager
DATE: September 5, 2023
SUBJECT: Approval of Fifth Amendment to Cooperative Fire Management Services Agreement
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council approve a Fifth Amendment to the Agreement for Cooperative Fire Management Services (Attachment A) to add an Administrative Fire Captain position and authorize the City Manager to execute the Agreement.

DISCUSSION/ANALYSIS:

In October 2009, the City of Del Mar entered into a Cooperative Management Services Agreement (COOP) with the cities of Encinitas and Solana Beach and the Rancho Santa Fe Fire Protection District (FPD) for the purposes of sharing fire department management functions. The COOP outlines the services provided by the parties, compensation, and payment terms. The COOP has been amended four times to reflect changes in the organizational structure, removing the Rancho Santa Fe FPD, and modifying the cost allocation formula to include an administrative fee.

The COOP, which became effective on October 15, 2009, promotes cost-effectiveness and efficiency across several local government agencies. Some of the benefits include cost savings due to the equitable cost sharing of management services, improved public safety with enhanced supervisory effectiveness, better communication with shift personnel and improved chief officer response times, better firefighter training with improved coordination among instructors and the merging of training programs, and an opportunity to secure a greater number of Federal, State, and non-profit grants because of the expertise and experience that management staff offers.

An Administrative Battalion Chief position was originally added to the Fire Department management structure in 2017, whose responsibilities for all three cities include coordinating all fire department suppression and emergency medical training, assisting with North Zone development and coordination of multi -jurisdictional training, scheduling and coordinating County wildland fire suppression training, developing and overseeing new hire testing, coordinating new hire fire academies, as well as coordinating and conducting all probationary testing. The Administrative Battalion Chief also coordinates with Palomar College for credit tracking and reimbursement, as well as with the California Firefighter Joint Apprenticeship 1 September 5, 2023 Item 14
City Council Agenda Report
Fifth Amendment to Fire COOP
September 5, 2023

Committee (CAL-JAC). In addition to the already sizable workload of the training responsibilities, the Administrative Battalion Chief has been tasked with tracking all employee certifications and qualifications, fire apparatus design, managing the department safety and health and wellness programs, and providing oversight of the Community Emergency Response Team (CERT).

Firefighter and Emergency Medical Training requirements have created a heavy workload for the Administrative Battalion Chief. The addition of an Administrative Fire Captain position would provide administrative support to the Administrative Battalion Chief providing programlevel span of control assistance. This new position would allow the Administrative Battalion Chief to delegate lower priority tasks and assignments to better focus efforts on developing training programs that are updated and aligned with the new California State Training Requirements. The Administrative Fire Captain would also create, implement, and monitor an annual training program. This recommendation is in line with the Management and Administrative Study done by Fitch & Associates in 2021.

On June 6, 2023, the Fire Governance Committee, which is made up of elected officials and city managers from the COOP participating cities and for Del Mar included Mayor Martinez and City Manager Jones, met and there was consensus among the group in support of the Fire Chief’s recommendation to add the Administrative Training Captain position to the COOP Agreement to be provided by the City of Encinitas.

FISCAL IMPACT:

Approval of the Fifth Amendment to the Agreement for Cooperative Management Services will result in a net increase in costs to the City of Del Mar of less than $27,000. A breakdown of the proportionate cost for each City is included as Attachment B. If approved by the City Council, the funds necessary to cover the costs for this position will be included in the Midyear Budget process.

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Action (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 related to the City Council Goals and Priorities.

ATTACHMENTS:

Attachment A – Fifth Amendment to Agreement for Cooperative Management Services Attachment B – Breakdown of Proportionate Cost for Administrative Training Captain 2 September 5, 2023 Item 14
1 FIFTH AMENDMENT TO

AGREEMENT FOR COOPERATIVE MANAGEMENT SERVICES
This Fifth Amendment to the Agreement (“Fifth Amendment”) is entered into and effective the 5th day of September, 2023, (“Effective Date”), by and between the City of Del Mar, City of Encinitas, and City of Solana Beach (collectively the “Parties”).

RECITALS
WHEREAS, on October 15, 2009, the cities of Del Mar, Encinitas, and Solana Beach and the Rancho Santa Fe Fire Protection District entered into that certain Agreement for Cooperative Management Services (“Agreement”); and WHEREAS, effective July 1, 2013, the Rancho Santa Fe Protection District is no longer a party to the Agreement, and the Agreement was amended to reflect that the cities of Del Mar, Encinitas, and Solana Beach are the remaining parties to the Agreement; and
WHEREAS, Section 14 of the Agreement allows for the Agreement to be amended only by written consent of the Parties to the Agreement; and WHEREAS, the Parties now wish to amend the Agreement to add an Administrative Fire Captain to the list of positions to be furnished by the Encinitas Fire Department.

NOW, THEREFORE, the Parties agree as follows:

1. Exhibit “A” (Description of Services) is hereby deleted and a new Exhibit “A” (Description of Services) adding an Administrative Fire Captain position is attached hereto as Attachment “1" is substituted in its place.

2. This Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

3. Except as specifically provided herein, all terms shall have the same meaning as defined in the Agreement.

4. Except as specifically amended herein, the Agreement and any prior amendments shall remain in full force and effect.
[Signatures on Next Page]
3 September 5, 2023 Item 14
2 IN WITNESS WHEREOF, the Parties have caused this Fifth Amendment to be effective as of the date first written above.

City of Del Mar,
a municipal corporation
By: _________________________
Ashley Jones, City Manager
City of Encinitas,
a municipal corporation
By: _________________________
Pamela Antil, City Manager
City of Solana Beach,
a municipal corporation
By: _________________________
Gregory Wade, City Manager
4 September 5, 2023 Item 14
3 ATTACHMENT 1

EXHIBIT A
Description of Services
The Encinitas Fire Department will furnish the management services that include the positions of Fire Chief (1), Administrative Fire Captain (1), Fire Marshal (1), Senior Deputy Fire Marshal (1), and Management Analyst (1), to the Cities of Del Mar and Solana Beach in order to manage all Fire Departments. All other Chief Officers may be furnished by any of the three cities.

If there is a change to the allocation of positions noted above, all three cities agree to re-evaluate the cost allocation structure.

If the Fire Chief determines that an employee of this management services agreement is being utilized excessively by one party of this agreement, then the Parties agree that all three City Managers shall meet to re-balance the workload or discuss other appropriate remedies.

Cooperatively, said management services shall include the following:

1. Management Services
a. Under the direction and supervision of the City Managers of Del Mar, Encinitas, and Solana Beach, provide broad policy guidance, fire management expertise and leadership to Del Mar, Encinitas, and Solana Beach fire personnel.
b. Confer with Del Mar, Encinitas, and Solana Beach Fire Department personnel when required to ascertain the needs and evaluate the efficiency of the services provided by all Departments to their respective citizens.
c. As directed by the City Managers, respond to citizen complaints regarding personnel or services, requests for services, and inquires. d. Provide support to major incidents.
e. Promote a harmonious working relationship between fire prevention and suppression personnel of each respective agency while striving to uphold each Fire Department’s Mission Statement.
f. Coordinate assignment and maintenance programs of fire apparatus and equipment.
g. Oversee maintenance program for fire stations and serve as point of contact for fire personnel for facility maintenance or procurement requests. 5 September 5, 2023 Item 14
4 h. Supervise and provide direction when needed for fire prevention, suppression, and EMS activities for the cities of Del Mar, Encinitas, and Solana Beach.
i. Supervise personnel of the Del Mar, Encinitas, and Solana Beach Fire Departments. Supervise adherence to Del Mar, Encinitas, and Solana Beach Department policies and procedures (i.e. personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operations policies, memorandum of understanding, vacation, and sick leave policies).
j. As directed by the City Managers, attend and represent the Del Mar, Encinitas, and Solana Beach Fire Departments and implement each City’s policies and directives at various local and regional meetings [i.e. City Council (when required), City Manager staff meetings, County Fire Chiefs, North Zone, CSA-17, UDC].
k. Supervise the purchasing of materials and equipment within the budgetary constraints of each Department.
l. Direct the forecast of funds needed for staffing, equipment, materials and supplies.
m. Monitor and approve expenditures and request budget adjustments. n. Provide overhead supervision for safety, command, and control functions on an as needed basis.
o. Provide support personnel dependent upon nature and location of incident for Emergency Operation Center (EOC) activities, during activation. p. Assist in the maintenance of the Cities' emergency plans and coordinate training for each City’s staff.
q. Administer grant programs and submit applications for grants. r. Prepare and review budgets and facilitate cost recovery.

2. Duty Coverage
a. Provide emergency incident command officer coverage. b. Perform a management role and assume command of field operations as well as direct assigned personnel at the scene of emergencies involving fire, all types of accidents, gas leaks, flooded structures, hazardous materials and life saving and rescue work.
c. Make decisions on the utilization and practical application of agency resources to ensure proper emergency coverage is maintained. d. Effectuate policies, orders, rules and regulations. Enforce agency rules and regulations and recommend and takes disciplinary action when necessary.
e. Assure agency health and safety guidelines are followed, and exercise discretion to ensure a safe working environment is maintained. f. Respond to incidents requiring a chief officer, when necessary. g. Daily supervision of personnel. Supervise adherence to agency policies and procedures (i.e., personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency 6 September 5, 2023 Item 14
5 operations policies, memorandum of understanding, vacation, and sick leave policies, etc.).
h. Conduct morning briefings with all shift personnel at the fire stations. i. Communicate daily activities with each Operations Chief and disseminate critical information.
j. Meet with company officers in each station to explain new orders, answer questions, discuss policies and procedures, and ensure proper awareness of new standards.
k. Receive and relay any pertinent information; deliver interdepartmental mail.
l. Perform annual evaluations of company officers assigned to shift and ensure annual evaluations are complete for all members assigned to shift. m. Assist Company Officer with counseling and coaching of subordinates when there is a performance or personnel problem, if necessary. n. Participate in training activities and observe companies as they participate in training/drills.
o. Act as initiating official for investigations and citizen’s complaints; Analyze information obtained and handle as appropriate, or develop a report for further consideration.
p. Maintain records and review RMS reports per developed program. q. Participate in captains’ meetings when on duty.
r. Participate in agency scheduled operations or staff meetings. s. Review FirstWatch response data at the end of every shift. t. Review Monthly Activity Reports.

3. Training Officer
a. Under direction of the Fire Chief, coordinate the training program for the members of the Del Mar, Encinitas, and Solana Beach Fire Departments. b. Prepare and oversee said training program.
c. Monitor required annual training attendance records. d. Ensure annual state and federal training mandates are met. e. Ensure that all firefighters are instructed in the same firefighter techniques (North Zone Operations and Training Manual).
f. Provide training guidance and management to Del Mar, Encinitas, and Solana Beach fire personnel.
g. Establish training standards and develop curriculum and lesson plans. h. Develop a master training schedule including multi-company drills on a regular basis.
i. Training shall include the development of a training academy for new hires.
7 September 5, 2023 Item 14
6 j. Evaluate training effectiveness and periodically review training records for completeness.
k. Represent the Del Mar, Encinitas, and Solana Beach Fire Departments at Zone and County training activities and meetings.
l. Provide oversight of the Department(s) Community Emergency Response Team (CERT) program(s).
m. Oversee firefighter recruitment, testing (including promotional) and hiring. 8 September 5, 2023 Item 14

DMR SOL ENC
Total (Salary
& Benefits)
ENC DIRECTOR PS/ FIRE CHIEF--GORDON $ 41,504 $ 73,963 $ 229,081 $ 344,549 ENC BATTALION CHIEF--WILLIAMS $ 29,555 $ 52,669 $ 163,128 $ 245,352 ENC BATTALION CHIEF--POFF $ 29,555 $ 52,669 $ 163,128 $ 245,352 ENC BATTALION CHIEF--CINCOTTA $ 27,320 $ 48,686 $ 150,792 $ 226,798 ENC ADMIN FIRE CAPTAIN - VACANT $ 26,545 $ 47,305 $ 146,514 $ 220,364 ENC FIRE MARSHAL--SCHMIDT $ 25,699 $ 45,797 $ 141,844 $ 213,340 ENC SR. DEPUTY FIRE MARSHAL--VACANT (unfilled) $ - $ - $ - $ - ENC FIRE ADMIN MANAGER (DP, GRANTS)--JIMENEZ $ 21,947 $ 39,112 $ 121,138 $ 182,197 ENC ADMIN BATTALION CHIEF (TRAINING)--SPAULDING $ 30,652 $ 54,623 $ 169,180 $ 254,455 ENC DEPUTY FIRE CHIEF (SUPPORT SERVICES)--SANCHEZ $ 37,010 $ 65,955 $ 204,276 $ 307,241 TOTAL - Salary & Benefits $ 269,788 $ 480,779 $ 1,489,081 $ 2,239,648 ENC BATTALION CHIEF - WILLIAMS - OVERTIME (20 SHIFTS) $ 3,489 $ 6,217 $ 19,257 $ 28,963 ENC BATTALION CHIEF - POFF - OVERTIME (20 SHIFTS) $ 3,489 $ 6,217 $ 19,257 $ 28,963 ENC BATTALION CHIEF - CINCOTTA- OVERTIME (20 SHFITS) $ 3,489 $ 6,217 $ 19,257 $ 28,963 TOTAL - Salary & Benefits & Overtime $ 280,254 $ 499,431 $ 1,546,851 $ 2,326,538 ESTIMATE SALARY & BENEFITS ONLY Total
ENC COST RECOVERY $ 269,788 $ 480,779 N/A $ 750,567
SOL COST RECOVERY $ - N/A $ - $ -
ESTIMATE OVERTIME Total
ENC COST RECOVERY $ 10,467 $ 18,652 $ - $ 29,119
SOL COST RECOVERY $ - $ - $ - $ -
TOTA ESTIMATE Total
ENC COST RECOVERY $ 280,254 $ 499,431 N/A $ 779,686
SOL COST RECOVERY $ - N/A $ - $ -
Cost Allocation DMR SOL ENC

12.046% 21.467% 66.487%
ATTACHMENT B - FY 23-24 Budget Estimate - Administrative Fire Captain 9 September 5, 2023 Item 14
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: September 5, 2023
SUBJECT: Introduction of an Ordinance Amending the City’s Local Coastal Program Land Use Plan and Del Mar Municipal Code Chapter 30.80 Parking Regulations Consistent with the May 10, 2023, California Coastal Commission Action Identifying Modifications Required to Obtain Final Certification of the Parking-Related Local Coastal Program Amendment REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council introduce an Ordinance (Attachment A) to amend the City’s Local Coastal Program Land Use Plan and Del Mar Municipal Code (DMMC) Chapter 30.80 Parking Regulations consistent with the May 10, 2023 California Coastal Commission (CCC) Conditional Certification Action.

EXECUTIVE SUMMARY:

The proposed Ordinance will repeal and replace Ordinance 997 and amend Ordinance 982 to correct the Ordinance language required for final certification by the Coastal Commission. See Attachment B, which shows the required Ordinance changes in strikeout-underline format. This is considered an administrative corrective action because the City Council previously considered and approved all of the Conditional Certification changes to the Parking Code; however, not all of the specific language required by the CCC was included in the previously adopted City Ordinances.

DISCUSSION/ANALYSIS:

On December 13, 2021, the City Council adopted a package of parking-related amendments (Ordinance 982) that included various parking adjustments to address items requested by business owners during the COVID-19 pandemic as measures to facilitate occupancy of vacant tenant suites and the provision of outdoor dining and accessory food/beverage carts for local restaurants intended to facilitate economic recovery downtown. The Del Mar Village Association and local restaurant owners (i.e., Zel’s, En 1 September 5, 2023 Item 15
City Council Staff Report
Amendment of Parking Ordinance No. 982; Repeal and Replace 997/ LCPA September 5, 2023

Fuego, Viewpoint, and Hillstone) are interested stakeholders who have participated throughout the process.

On May 10, 2023, the Coastal Commission took action to conditionally approve the City’s Parking Code Amendments on the condition that the City complete follow up actions to amend Local Coastal Program (LCP) Land Use Plan policies and amend the parking code to commit a parking space inventory and monitoring within a quarter mile of the shoreline and San Dieguito Lagoon, and associated actions for preparation of a Parking Management Program (PMP) by January 1, 2030, and updates to the PMP at least every 10 years. See the CCC Conditional Approval Letter in Attachment C.

On June 5 and June 19, 2023, the City Council took necessary actions to incorporate the required modifications approved by the CCC on May 10, 2023. On June 19, 2023, the City Council adopted Ordinance 997 amending the City’s Local Coastal Program Land Use Plan and implementing regulations in DMMC Chapter 30.80. The June 19, 2023 City Council report can be found here:
https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_06192023-3246 It was brought to staff’s attention by Coastal Commission staff that some of the language required by the May 10, 2023, CCC action was inadvertently left out of the adopted Ordinance. Based on Coastal Act requirements, the language in the City’s adopted Ordinance must match the CCC language adopted on May 10, 2023. Therefore, Ordinance 997 must be repealed and replaced to incorporate the following CCC modifications:

1. Clarification that the existing conditions and parking inventory covers areas of the City within ¼ mile of the shoreline including the San Dieguito Lagoon riverfront (30.80.020 H.1, as shown in highlighted text in Attachment B).

2. Clarification that the existing conditions and parking inventory covers publicly available (not private) on-and off street parking (30.80.020 H.3, as shown in highlighted text in Attachment B).

3. Clarification that should these code changes lapse with the January 1, 2031, expiration that any business relying on the revised parking code would be considered legal non-conforming (30.80.030 C.1 Table (required parking ratios), as shown in highlighted text in Attachment B).

All of the above referenced modifications were discussed with the City Council at the June 5, 2023, public hearing and are incorporated into the proposed Ordinance. In terms of next steps, the proposed Ordinance will be submitted to the CCC after Ordinance adoption, then scheduled for final certification at a future CCC meeting at which time the package of parking amendments will take effect.
2 September 5, 2023 Item 15
City Council Staff Report
Amendment of Parking Ordinance No. 982; Repeal and Replace 997/ LCPA September 5, 2023

FISCAL IMPACT:

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

HOUSING IMPACT:

Approval of this parking-related Ordinance will have no impact on the City of Del Mar’s housing supply or housing affordability in that the requested amendments are not related to housing.

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 18, Section 15265 (Adoption of Coastal Plans and Programs) and Article 19, Section 15301 (Existing Facilities).

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES
Implementation of the Parking Code Adjustments is a City Council identified Tier 1 priority special project for completion in Fiscal Year 2023-2024.

ATTACHMENTS:

Attachment A – Proposed Ordinance (Amending Ordinance 982 and Replacing 997) Attachment B – Strikeout-Underline (Amendments to Ordinances 982 and 997) Attachment C- CCC Conditional Approval Letter
3 September 5, 2023 Item 15

ATTACHMENT A
ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, TO REPEAL AND REPLACE ORDINANCE
997 ADOPTED BY THE CITY COUNCIL ON JUNE 19, 2023, AND
AMEND ORDINANCE 982 ADOPTED BY THE CITY COUNCIL ON
DECEMBER 13, 2021, IN ORDER TO CORRECT DEFICIENCIES

IN THE PRIOR ORDINANCES FOR CONSISTENCY WITH THE
MAY 10, 2023, CALIFORNIA COASTAL COMMISSION ACTION

IDENTIFYING MODIFICATIONS REQUIRED TO OBTAIN FINAL

CERTIFICATION OF THE SUBMITTED PARKING-RELATED

LOCAL COASTAL PROGRAM AMENDMENT APPLICATION
WHEREAS, the Del Mar City Council adopted Ordinance 982 on December 13, 2021, to implement measures for 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 with required modifications; and
WHEREAS, the Del Mar City Council adopted Ordinance 997 on June 19, 2023, to incorporate the CCC modifications required on May 10, 2023; and WHEREAS, upon review of Ordinance 997, CCC staff found that the Ordinance language was not consistent with the May 10, 2023, conditional approval by the Coastal Commission and required further modification to be deemed consistent for final certification; and
WHEREAS, all of the modifications required by the CCC were presented and discussed with the Del Mar City Council at the June 5, 2023 hearing but language was inadvertently left out of the Ordinance adopted on June 19, 2023; and WHEREAS, if the City Council adopts the Del Mar Municipal Code amendments as modified and included herein, City staff will submit the Ordinance to the CCC to obtain final certification of the associated parking-related Local Coastal Program Amendment.

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 CCC’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 this Ordinance repeals and replaces Ordinance 997 adopted by the City Council on June 19, 2023, and amends Ordinance 982 adopted by the City Council on December 13, 2021, as set forth in the following sections. 4 September 5, 2023 Item 15
Ordinance No. ____

SECTION THREE: 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;

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.
5 September 5, 2023 Item 15
Ordinance No. ____

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. 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 Land Use Plan (LUP) Policy IV-29 from the City’s Local Coastal Program, 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 that covers, at a minimum, areas of the City within one-quarter mile of the shoreline, including the San Dieguito Lagoon riverfront, documenting the characteristics of publicly available on- and off-street parking in the City of Del Mar, the inventory of publicly available onand 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 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 6 September 5, 2023 Item 15
Ordinance No. ____

exceeds the size of the indoor seating area and the number of off-street parking spaces provided for the restaurant.

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 for publicly available on- and off-street parking.

4. Analysis of the results of the inventory and occupancy, including demand analyses that use best practices by peer cities and industry-wide standards as guidance. Recommendations shall be 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 FOUR: 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).
7 September 5, 2023 Item 15
Ordinance No. ____

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 as those
for the Beach Commercial Zone in Section

30.80.030(C) and any development that
occurred under this section shall be
considered legal non-conforming. 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
Consumption of Food and/or Beverage
located in the Beach Commercial Zone
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
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
8 September 5, 2023 Item 15
Ordinance No. ____

January 1, 2031, then the parking
requirements shall be as shown as those
for the Beach Commercial Zone in Section

30.80.030(C) and any development that
occurred under this section shall be
considered legal non-conforming. 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 FIVE: 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 demonstrating that no potential environmental effects would occur by adoption of this ordinance.

SECTION SIX: This Ordinance was introduced by the City Council on September 5, 2023.

SECTION SEVEN: 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 EIGHT: 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. 9 September 5, 2023 Item 15
Ordinance No. ____

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 18th day of September 2023.
________________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
10 September 5, 2023 Item 15
Ordinance No. ____

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No.____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 18th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
11 September 5, 2023 Item 15
Attachment B
1 Strikeout-Underline Identifying CCC Modifications
The following identifies the full scope of the text that modifies Ordinance 982 and more specifically identifies, in underlined/highlighted text, the language that had been inadvertently omitted from Ordinance 997:

DMMC Section 30.80.020 F-G would be amended to include the following:

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;

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. 12 September 5, 2023 Item 15
Attachment B
2 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. The location of the stand/cart shall not interfere with access to required off-street parking spaces; and

5. A Design Review Permit is obtained in accordance with Section 23.08.030.

DMMC Section 30.80.020 H. (General Parking Regulations) would be amended as follows:

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 that covers, at a minimum, areas of the City within one-quarter mile of the shoreline, including the San Dieguito Lagoon riverfront, 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 restaurant.

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, 13 September 5, 2023 Item 15
Attachment B
3 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 for publicly available on- and off-street parking.

4. Analysis of the results of the inventory and occupancy, including demand analyses that use best practices by peer cities and industry-wide standards as guidance. Recommendations shall be 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.

Prospective DMMC Section 30.80.030 C. 1. (Required Number of Off-Street Parking Spaces for Non-Residential Uses) would be amended as follows:

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 in Section 30.80.030(C) and
any development that occurred under this
section shall be considered legal non14 September 5, 2023 Item 15 Attachment B
4 conforming. 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
Consumption of Food and/or Beverage
located in the Beach Commercial Zone
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
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 OnSite 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 in Section 30.80.030(C) and
any development that occurred under this
section shall be considered legal nonconforming. The January 1, 2031 deadline may be extended for good cause by the
Executive Director of the Coastal
Commission.
15 September 5, 2023 Item 15
STATE OF CALIFORNIA -- THE NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

CALIFORNIA COASTAL COMMISSION

SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4421
(619) 767-2370
May 11, 2023
Ms. Amanda Lee
Principal Planner
City of Del Mar
1050 Camino del Mar
Del Mar, CA 92014
Re: Certification of City of Del Mar LCP Amendment No. LCP-6-DMR-21-0081-2 (Parking Adjustments)
Dear Ms. Lee,
On May 10, 2023, the California Coastal Commission approved the above referenced amendment to the City of Del Mar Local Coastal Program (LCP). The amendment involves changes to the Implementation Plan (IP) to modify parking ratios for restaurants and several commercial uses in order to provide for increased flexibility for business owners and maintain a vibrant and pedestrian-friendly downtown area. More specifically, the changes to the IP included a reduction in parking ratios for restaurants, and a new exemption for outdoor dining space that is equal to or less than indoor dining space. Also included was a proposal for restaurants to have one accessory food or beverage cart per lot that cannot interfere with required off-street spaces. The proposed revisions to the IP also included an exemption for existing commercial properties in the Central Commercial (CC) Zone to change out their tenant spaces with retail sales, restaurant, or personal service uses while retaining their nonconforming parking. After the City’s submittal of the IP amendment, Commission staff identified several inconsistencies between the City’s request to revise parking standards in the IP and the existing parking standards in the certified LUP. Thus, City staff requested Commission staff incorporate several suggested modifications to the parking policies of the LUP in order to ensure consistency with the requested IP changes.

The Commission approved the LCP amendment with suggested modifications that address the protection of public access. The suggested modifications require the development of a new Parking Management Plan (PMP), which is to be completed no less than every 10 years, with the first deadline being January 1, 2030 (unless extended by the Executive Director). The changes to the parking standards proposed by the LCP are to remain in effect until the year 2031, unless amended to extend the changes based on the conclusions of the PMP. The exception is the Beach Commercial Zone, for which a suggested modification was made in order to retain the existing parking standards of the IP within that zone.

To correct the discrepancy between the parking standards of the IP and the LUP, several suggested modifications were made at the request of the City. This includes the removal of the specific parking standards contained in the LUP and the addition of several new parking and transportation-focused policies to protect public access and promote sustainable transportation. These include providing parking as appropriate for new development, managing parking without significantly impacting coastal resources or public access to the 16 September 5, 2023 Item 15
LCP-6-DMR-21-0081-2 (Parking Adjustments)

coast, consideration of shared parking opportunities, and the inclusion of transportation demand management strategies to reduce congestion and parking demand and vehicle miles travelled.

Before the amendment request can become effectively certified, the Executive Director must determine that implementation of the approved amendment will be consistent with the Commission’s certification order. This is necessary because the amendment was certified with suggested modifications.

In order for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission’s resolution of certification, including any terms or suggested modifications; and take any formal action which is required to satisfy them, such as revised plan policies, rezonings or other ordinance revisions. This certification must also include production of new LCP text demonstrating that the amendment, as approved by the Commission and accepted by the City, will be incorporated into the City’s certified Local Coastal Program immediately upon concurrence by the Commission of the Executive Director’s determination. The local government’s action must be completely consistent with the Commission’s certification order; if you are considering any change from what is presented in the attached suggested modification, you should contact this office immediately.

The Commission’s certification order remains valid for six months from the date of its action; therefore, it is necessary for the City of Del Mar to take the necessary steps within six months.

If you believe that the City of Del Mar will need additional time, you may request up to a oneyear time extension but such an extension must be granted by the Coastal Commission at a subsequent hearing. As soon as the necessary documentation is received in this office and accepted, the Executive Director will report his/her determination to the Commission at its next regularly scheduled public hearing. If you have any questions about the Commission’s action or this final certification procedure, please contact our office. Thank you and the other staff members who worked on this planning effort. We remain available to assist you and your staff in any way possible to continue the successful implementation of the local coastal program.

Sincerely,
Stephanie Leach
Coastal Planner
17 September 5, 2023 Item 15
LCP-6-DMR-21-0081-2 (Parking Adjustments)
Suggested Modifications
A. Land Use Plan Modifications
Staff recommends the following suggested revisions to the proposed Land Use Plan be adopted. The underlined sections represent language that the Commission suggests be added, and the struck-out sections represent language which the Commission suggests be deleted from the language as originally submitted.

1. Delete the entirety of Policy IV-30, including the Off-Street Parking Regulations:

The City shall apply the following Off-Street Parking Regulations to new projects and redevelopment projects to assure that the parking needs generated by new development are provided on site.
[…]

2. Add a new Policy IV-30 as follows:

Provide parking for residents, visitors, and employees as part of new development in accordance with the City’s certified Implementation Plan.

3. Add a new Policy IV-31 as follows:

Provide and manage parking so that it is reasonably available when and where it is needed, without significantly impacting coastal resources or public access to coastal amenities and facilities.

4. Add a new Policy IV-32 as follows:

To help reduce parking demand, consider flexibility in parking requirements such as shared parking opportunities, improved public transit services, reduced auto ownership, provision of car sharing opportunities, or other means, provided that public access is not reduced.

5. Add a new Policy IV-33 as follows:

Reduce the amount of land devoted to parking through measures such as parking structures, shared parking, and managed public parking while still providing appropriate levels of parking to maintain access to the shoreline.

6. Add a new Policy IV-34 as follows:

Where potential for significant transportation impacts is identified for proposed development, require implementation of transportation demand management (TDM) strategies as a mitigation tool to improve mobility, reduce congestion and parking demand, and reduce vehicle miles traveled (VMT), greenhouse 18 September 5, 2023 Item 15
LCP-6-DMR-21-0081-2 (Parking Adjustments)
Suggested Modifications
gas emissions, and air pollution. The City shall actively encourage and, where appropriate to avoid impacts to public access and circulation, require development to implement incentives and programs to increase the use and availability of sustainable transportation (e.g., carpooling, bicycles, public transit, rail service, walking) such as the provision of employee transit passes or subsidies, ridesharing programs, bike racks, on-site showers and lockers, and similar measures.

B. Implementation Plan Modifications
Staff recommends the following suggested revisions to the proposed Implementation Plan be adopted. The underlined sections represent language that the Commission suggests be added, and the struck-out sections represent language which the Commission suggests be deleted from the language as originally submitted.

7. Add a new subsection (7) to Section 30.80.020(F) as follows:

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 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 Coastal Commission.

8. A new section (H) shall be added to Section 30.80.020 as follows:

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 that covers, at a minimum, areas of the City within one-quarter mile of the shoreline, including the San Dieguito Lagoon riverfront, 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 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. 19 September 5, 2023 Item 15
LCP-6-DMR-21-0081-2 (Parking Adjustments)
Suggested Modifications
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 restaurant.

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 for publicly available on- and off-street parking.

4. Analysis of the results of the inventory and occupancy, including demand analyses that use best practices by peer cities and industry-wide standards as guidance. Recommendations shall be 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.

9. Parking requirements found in Section 30.80.030(C)(Non-Residential Use Parking Requirements) shall be modified as follows for the subject uses:

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)).
20 September 5, 2023 Item 15
LCP-6-DMR-21-0081-2 (Parking Adjustments)
Suggested Modifications
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 as those for the Beach Commercial Zone in Section 30.80.030(C) and any development that occurred under this section shall be considered legal nonconforming. The January 1, 2031 deadline may be extended for good cause by the Executive Director of the Coastal Commission.

10. Parking requirements for the Beach Commercial Zone shall be added to Section 30.80.030(C)(Non-Residential Use Parking Requirements) as follows:

Restaurant/Bar/Cocktail Lounge/Tea Room/Other Business for the On-Site Consumption of Food and/or Beverage located in the Beach Commercial Zone
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
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).

11. Parking requirements for outdoor dining proposed in Section

30.80.030(C)(Non-Residential Use Parking Requirements) shall be modified as follows:

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 21 September 5, 2023 Item 15
LCP-6-DMR-21-0081-2 (Parking Adjustments)
Suggested Modifications
by January 1, 2031, then the parking requirements shall be as shown as those for the Beach Commercial Zone in Section 30.80.030(C) and any development that occurred under this section shall be considered legal nonconforming. The January 1, 2031 deadline may be extended for good cause by the Executive Director of the Coastal Commission.
22 September 5, 2023 Item 15
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: September 5, 2023
SUBJECT: Introduction of an Ordinance to Implement Housing Element Program 1F Relating to the Regulation of Manufactured Homes
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council introduce an Ordinance (Attachment A) to implement 6 th
Cycle Housing Element (Housing Element) Program 1F relating to the regulation of manufactured homes.

DISCUSSION/ANALYSIS:

Housing Element Program 1F requires processing of municipal code amendments to demonstrate compliance with State law relating to the regulation of manufactured homes by December 31, 2023. Manufactured homes are defined as a single dwelling unit constructed wholly or partially off-site that is installed on a permanent foundation system.

The City currently regulates manufactured homes under various sections of the Del Mar Municipal Code (DMMC), including, but not limited to, Chapters 30.04 and 30.86 governing zoning and Chapter 23.16 relating to moving buildings. The proposed DMMC amendments (A-23-001) demonstrate that the code does not include any impediments to the installation of manufactured homes by completing the required action pursuant to Housing Element Program 1F (Manufactured Housing) as further described below.

Federal
Certification
Requirements
The federal government sets the certification requirements for manufactured homes in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974. The proposed Ordinance requires applicants demonstrate compliance with the certification requirement.

California
Government
Code Section
65852.3
Requirements
The California Government Code requires that local jurisdictions (including charter cities) comply with the following, which are all reflected in the proposed Ordinance:
1 September 5, 2023 Item 16
City Council Agenda Report
Manufactured Homes Ordinance
September 5, 2023