Del Mar City Council
September 18, 2023

Table of Contents
2023-9-18 Regular Meeting Agenda
Item 2 - Minutes 9-5-2023
Item 3 - List of Demands
Item 5 - Parking Mods Second Reading Final Report
Item 6 - Manufactured Homes Second Reading
Item 7 - Agreement for Fire Engine Maintenance and Repairs Item 8 - Jimmy Durante Blvd Bluff Project Task Orders
Item 9 - Electronic Signature Administrative Policy
Item 10 - Riverpath Ph 3 Design and Grant Applications
Item 11 - Agreement for Street Sweeping and Alternatives Item 12 - Mayor and Deputy Mayor Roles Policy
2 9
18 39
49 58
74 84
93 138
158
Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.

Regular Meeting
Monday, September 18, 2023 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings remotely and in-person.

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

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

Remote Participation: Members of the public can participate in the meeting remotely using the Zoom link and/or dial-in information provided below. Those wishing to comment live should join the Zoom meeting when the item(s) they wish to speak on is announced or at the meeting start time for items not on the agenda. Zoom Link:
https://us02web.zoom.us/j/84790910014; Phone: (669) 900- 6833; Meeting ID: 847 9091 0014
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.

Viewing the Meeting and Access to Agenda Materials: Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM. Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website:
http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at Del Mar City Hall and the Del Mar Library during their business hours.

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

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

Tracy Martinez
Mayor
Dan Quirk
Deputy Mayor
Dave Druker
Council Member
Terry Gaasterland
Council Member
Dwight Worden
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting September 18, 2023 Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk or raise their hand in Zoom when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.

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

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

1. Check Presentation from Assemblymember Tasha Boerner for $500,000 in Sand Replenishment Project Funding
Recommended Action: Receive check from Assemblymember Tasha Boerner for $500,000 in Sand Replenishment Project Funding.

Reference: Clerk’s File No. 1404-1, 1404-2
IX. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council 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.

2. Approval of Minutes: September 5, 2023 Regular and Special Meeting Recommended Action: Approve Minutes.

Del Mar City Council Regular Meeting September 18, 2023 Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s Minutes Book

3. Ratification of List of Demands, dated September 18, 2023 Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3

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

Reference: Clerk’s File No. 401-4

5. Second Reading and Adoption of an Ordinance Amending the City’s Local Coastal Program and Del Mar Municipal Code Chapter 30.80 Parking Regulations
Recommended Action: Staff recommends that the City Council adopt the Ordinance (Attachment A) to amend the City’s Local Coastal Program (LCP) 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

6. Second Reading and Adoption of an Ordinance to Implement Housing Element Program 1F Relating to the Regulation of Manufactured Homes Recommended Action: Staff recommends the City Council adopt the proposed Ordinance (Attachment A) amending the Del Mar Municipal Code (A-23-001) 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

7. Agreement with North County EVS, Inc. for Fire Engine Maintenance and As-Needed Repair Services
Recommended Action: Staff recommends that the City Council: 1) Approve a Professional Services Agreement with North County EVS, Inc. (Attachment A) to provide fire engine maintenance and as-needed repair services; and 2) Authorize the City Manager to execute the Agreement.

Reference: Clerk’s File No. 406-1, 1101-8
Del Mar City Council Regular Meeting September 18, 2023 Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

8. Approval of Task Orders with Michael Baker International and NOVA Services to Perform Survey/Mapping and Geotechnical Services for the Jimmy Durante Boulevard Bluff Project
Recommended Action: Staff recommends the City Council: 1) Approve a $12,600 Task Order (Attachment A) with Michael Baker International (MBI) to conduct survey and mapping services; 2) Approve a $29,800 Task Order (Attachment B) with Barnett Quality Control Services, Inc. dba NOVA Services, Inc. (NOVA) to conduct geotechnical services; 3) Authorize the City Manager to execute the Task Orders for MBI and NOVA related to the Jimmy Durante Boulevard Bluff Project; 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, 803-3

9. Authorization for Electronic Signature Use on Official City Documents Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) approving the use of electronic signatures on official City documents and authorizing the City Manager to develop and implement an administrative policy regarding the use of electronic signatures.

Reference: Clerk’s File No. 203-1
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS

10. Riverpath Del Mar Extension Project Phase 3 Design Review and Authorization to Apply for State and County Grants
Recommended Action: Staff recommends that the City Council: 1) Review the design for the Riverpath Del Mar Extension Project Phase 3 (Attachment A) and direct staff to return to the Council for final design and necessary permit approvals; 2) Adopt a Resolution (Attachment B) approving the submittal of an application for grant funds from the State of California Wildlife Conservation to supplement the cost of construction; 3) Adopt a Resolution (Attachment C) approving the submittal of an application for grant funds from the State Coastal Conservancy to supplement the cost of construction; 4) Adopt a Resolution (Attachment D) approving the submittal of applications for the San Diego County Board of Supervisors Neighborhood Reinvestment Program Grant and Community Enhancement Grant programs to supplement the cost of construction; and 5) Authorize the City Manager to execute the necessary documents.

Reference: Clerk’s File No. 803-3
Del Mar City Council Regular Meeting September 18, 2023 Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

11. Agreement for Fiscal Year 2023-2024 Street Sweeping Services and Consideration of Short and Long-Term Program Alternatives Recommended Action: Staff recommends the City Council: 1) Approve an Agreement with Sweeping Corporation of America (SCA) to perform street sweeping services for Fiscal Year (FY) 2023-2024 (Attachment A) in an amount not-to-exceed $50,810; 2) Authorize the City Manager to execute the Agreement; and 3) Authorize City staff to participate in a regional RFP with other San Diego municipalities to solicit proposals for street sweeping services.

Reference: Clerk’s File No. 406-1

12. Establishment of Council Policy Related to the Roles & Responsibilities of the Council-Appointed Mayor and Deputy Mayor
Recommended Action: Mayor Martinez and Councilmember Druker recommend that the City Council adopt a Resolution (Attachment A) approving a City Council Policy (Exhibit A to Attachment A) establishing the roles and setting forth the duties and responsibilities of the Council-appointed Mayor and Deputy Mayor.

Reference: Clerk’s File No. 101-2, 401-1
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
Del Mar City Council Regular Meeting September 18, 2023 Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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)
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.

October 2, 2023
Authorization for ChargePoint Vehicle Chargers Warranty Coverage and Maintenance Contract Alert and Warning Memorandum of Agreement with the County of San Diego Approve Construction Contract for 25th Street Lifeguard Door Replacement Project (Tentative) Introduce Updated Accessory Dwelling Unit (ADU) Ordinance, Including Provisions for Tiny Homes Introduce Updated ADU Incentive Program Ordinance (Uncodified) Resolution to Adopt ADU Amnesty Program/Policy
Short Term Rentals: Review Other City/County Examples, Community Discussion, and Policy Direction
Del Mar City Council Regular Meeting September 18, 2023 Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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 Approval of 20th St. Lifeguard Driveway Conceptual Design Approval of Hoska Alley Initial Design Alternative and MBI Task Order for Phase II Discussion Regarding Potential Change to Council Meeting Day Design Review and Land Conservation Permits for River Path Phase 3 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 13th day of September, 2023 at approximately 5:40 p.m.
___________________________________________ 9/13/2023
Sarah Krietor, Administrative Services Manager/ Date
City Clerk

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 5, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
And via teleconference
111 Eden St.

Bar Harbor, ME 04609
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; and Councilmembers Dave Druker, Terry Gaasterland, and Dwight Worden. Deputy Mayor Dan Quirk participated in the meeting remotely.

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported, that although there were no legally required reportable actions from the City Council closed session that occurred on August 9, 2023, the City wishes to report that the City Council has authorized the City Attorney to engage an independent investigator to investigate allegation of Councilmember conduct that includes public disclosure of confidential closed session information and potential violation of City code, policies, and contractual obligations related to interaction with the City Manager, City staff, and third-party consultants.

City Attorney Devaney also reported that there were no reportable actions for the September 5, 2023, closed session agenda and that Councilmember Druker was recused from items B and C due to living within 500 feet of the subject matter of that discussion.

City Attorney reported that she and City Manager Ashley Jones were put on notice that Deputy Mayor Quirk was not going to be attending further Closed Sessions regarding San Dieguito Drive. She recommended that Deputy Mayor Quirk, or any council member not voluntarily remove themselves from a Closed Session and that doing so will put that Councilmember at a great disadvantage regarding legal issues, pitfalls, etc. which are in place to keep the City from engaging in costly legal battles and City liability.

She noted that as to Closed Sessions, there are limited exceptions in the Government Code (Brown Act) Gov’t Code Section 54956 et sea. which include: 1) Personnel for privacy reasons; 2) Litigation so as not to disclose to the public litigation strategies and postures; 3) Labor Negotiations; 4) Real Estate Negotiations; and 5) Significant Exposure to the City to give City Council the legal parameters and risks associated with narrow issues that are before them.
1 September 18, 2023 Item 02
City Council Regular Minutes
September 5, 2023

City Attorney Devaney reported that for San Dieguito Drive, the project, Request for Proposals (RFP), assessments and design, etc. are all items to be conducted in Open Session, like Item 18 on tonight’s agenda.

City Attorney Devaney reported that the City Council met in Closed Session regarding San Dieguito Drive on July 24, 2023, for the very limited purpose of hearing from the City Attorney on legal issues associated with funding options; taxpayer funding for private purposes is highly regulated by law. She reported that the Council did not, and were not permitted to, talk about any of the project specifics as it is doing tonight in Open Session Item 18. City Attorney Devaney reported that all Closed Sessions conducted by the City are pursuant to the narrow exceptions permitted under the Brown Act. She reported that they are in place so that when City Councilmembers speak with their constituencies, they do so with knowledge of legal pitfalls, rather than talking about or advocating for a path that will result in costly litigation and result in legal vulnerability.

City Attorney Devaney stated that she again would urge Deputy Mayor Quirk not to recuse himself from hearing about legal issues on any subject and that she would not want that to result in personal liability for him or added liability for the City.

PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
Mayor Martinez opened Public Oral Communications and the following people spoke:
1) Sherryl Parks spoke requesting an update regarding Winston School lease negotiations. 2) Ken Olson spoke regarding his property and the requirements of the Carmel Valley Precise Plan. 3) Julie Hamilton spoke on behalf of her client resident Mark Wyland demanding the City rescind or hold in abeyance the building permit for the Accessory Dwelling Unit (ADU) proposed at 2610 Ocean Front. She also spoke regarding the City’s ADU regulations and permitting practices in general as it related to State law and the City’s Local Coastal Program (LCP). 4) Mark Wyland spoke requesting the City rescind or hold in abeyance the building permit for the ADU at 2610 Ocean Front.

Mayor Martinez closed Public Oral Communications.

City Manager Jones reported that negotiations with Winston School regarding their lease were going well and that, while she cannot report specific details publicly at this time, she expects there to be a public update in the next month or so. City Council requested the City Attorney advise the City Council on the City’s ADU, applicable State law, and the City’s LCP as it relates to Julie Hamilton’s comments and red dot communication.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Druker reported that he was wearing a cap during the City Council meeting due to a medical procedure. He explained that he wanted to be sure the public understood why he was wearing a hat and that it was not his normal practice or intended to be disrespectful. Councilmember Worden reported on his meeting with State Senator Catherine Blakespear where they discussed Fairground housing and the LOSSAN Corridor; California Ocean Protection Council’s upcoming updates related to Sea-Level Rise; and the City of Oceanside Sand Retention Project and related committee he is currently serving on. Councilmember Druker reported on the retirement of North County Transit District Executive Director Matt Tucker, which the Board was aware of for approximately a year, and New York Times article on the Oceanside Sand Replenishment Project. Mayor Martinez reported on Representative Mike Levin and House Minority Leader Hakeem Jeffries’ visit to Del Mar on August 18, 2023, celebrating federal 2 September 18, 2023 Item 02
City Council Regular Minutes
September 5, 2023

funding for coastal conservation specifically the $750,000 awarded to the City of Del Mar to address climate resiliency at the San Dieguito Lagoon. Mayor Martinez also announced her planned attendance at the upcoming homelessness symposium hosted by County of San Diego Supervisor Nora Vargas on September 6, 2023.

CITY MANAGER’S REPORT
City Manager Jones reported on the City of Del Mar and EDCO recycling, shredding, and mulch event being held in the lower parking lot of Shores Park 9 am - 12 pm on Saturday, September 16, 2023.

Planning and Community Development Director Karen Brindley reported on the draft Accessory Dwelling Unit Ordinance and related programs that will be going to Planning Commission for consideration on Tuesday, September 12, 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 GAASTERLAND, SECONDED BY COUNCILMEMBER WORDEN TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 16.

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

ITEM 1: APPROVAL OF MINUTES: JULY 24, 2023 REGULAR AND SPECIAL MEETING, AUGUST 9, 2023 SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED SEPTEMBER 5, 2023 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

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

ITEM 4: AGREEMENT FOR CITY COUNCIL RETREAT FACILITATION SERVICES (CLERK’S FILE NO. 406-1)
At the City Council’s request, City Manager Jones provided a brief overview of this agenda item and what is planned for the upcoming City Council retreat. Council discussion focused on past retreats, benefits of participation, whether all five councilmembers will attend the retreat, and retreat location.

Council approved an Agreement with the Centre for Organization Effectiveness for City Council Retreat Facilitation Services; authorized the City Manager to execute the Agreement; and allocated $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, on consent.
3 September 18, 2023 Item 02
City Council Regular Minutes
September 5, 2023

ITEM 5: APPROVAL OF AMENDED AGREEMENT FOR RETIREMENT HEALTH SAVINGS (RHS) PROGRAM FOR THE DEL MAR FIREFIGHTERS ASSOCIATION (DMFA) (CLERK’S FILE NO. 406-1)
Council adopted Resolution 2023-32 “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”; approved the required program agreement and supporting documents; and authorized the City Manager to execute the necessary document, on consent.

ITEM 6: ACCEPTANCE OF A DONATION FROM THE DEL MAR FOUNDATION FOR ALLTERRAIN WHEELCHAIRS AND ACCESSIBILITY MATS (CLERK’S FILE NO. 201-13, 1202-11, 1501-16)
Council accepted a donation of $9,000 from the Del Mar Foundation to purchase two allterrain wheelchairs and two accessibility mats; and amended the Fiscal Year 2022-23 Operating and Capital Budget to reflect the donation, on consent.

ITEM 7: FIRST AMENDMENT TO AGREEMENT WITH WEST COAST ARBORISTS FOR ASNEEDED CITYWIDE TREE MANAGEMENT AND MAINTENANCE SERVICES (CLERK’S FILE NO. 406-1, 1403-7)
Council approved the First Amendment to the Agreement between the City of Del Mar and West Coast Arborists, Inc. for as-needed citywide tree management and maintenance services; and authorized the City Manager to execute the First Amendment, on consent.

ITEM 8: APPROVAL OF A TASK ORDER WITH MICHAEL BAKER INTERNATIONAL TO PERFORM A LEAD WATER SERVICE LINE INVENTORY (CLERK’S FILE NO. 406-1) Council approved a $20,300 Task Order with Michael Baker International to perform a Lead Water Service Line Inventory; and authorized the City Manager to execute the Task Order, on consent.

ITEM 9: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BUCKNAM INFRASTRUCTURE GROUP, INC. FOR THE 2023 PAVEMENT CONDITION ASSESSMENT AND FIVE-YEAR PAVEMENT MANAGEMENT PLAN (CLERK’S FILE NO. 406-1, 901-5)
Council approved the Professional Services Agreement between the City of Del Mar and Bucknam Infrastructure Group, Inc. to provide citywide pavement condition assessment services and prepare a five-year pavement management plan; and authorized the City Manager to execute the Agreement, on consent.

ITEM 10: AWARD OF CONSTRUCTION CONTRACT WITH PORTILLO CONCRETE, INC. FOR THE BEACH COLONY PEDESTRIAN IMPROVEMENT PROJECT (CLERK’S FILE NO. 406-1)
Council awarded 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; approved $92,570 in funding for additional pedestrian ramp improvements included as Alternate Bid Items; authorized the City Manager to 4 September 18, 2023 Item 02
City Council Regular Minutes
September 5, 2023

execute the contract; and amended the Fiscal Year (FY) 2023-2024 Operating and Capital Budget as described in the Fiscal Impact section of this report, on consent.

ITEM 11: APPROVAL OF AGREEMENT WITH CIVIC SOLUTIONS, INC. FOR CONTRACT PLANNING SERVICES (CLERK’S FILE NO. 102-6, 406-1)
Council approved a Professional Services Agreement retroactively effective to August 3, 2023, with Civic Solutions, Inc. 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, on consent.

ITEM 12: RESOLUTION OF SUPPORT FOR A ROBUST PUBLIC OUTREACH AND

PARTICIPATION PROCESS RELATED TO THE LOSSAN RAIL REALIGNMENT PROJECT (CLERK’S FILE NO. 1005-2, 1506-1)
Council briefly discussed this item including SANDAG’s recent Workshop held on August 30, 2023, and Councilmember Gaasterland provided clarification on the purpose of the resolution which is to support and encourage a robust public engagement process to be undertaken by SANDAG related to the LOSSAN Rail Realignment Project.

Council adopted Resolution 2023-33, “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”, on consent.

ITEM 13: FINANCE COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council appointed 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, on consent.

ITEM 14: APPROVAL OF FIFTH AMENDMENT TO COOPERATIVE FIRE MANAGEMENT SERVICES AGREEMENT (CLERK’S FILE NO. 406-1, 1101-8)
Council approved a Fifth Amendment to the Agreement for Cooperative Fire Management Services to add an Administrative Fire Captain position and authorize the City Manager to execute the Agreement, on consent.

PUBLIC HEARING
ITEM 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 (CLERK’S FILE NO. 401-4, 401-9, 905-3) Mayor Martinez opened the public hearing. There were no public speakers for the item. Mayor Martinez closed the public hearing. The item was moved to the Consent Calendar for approval. 5 September 18, 2023 Item 02
City Council Regular Minutes
September 5, 2023

ITEM 16: INTRODUCTION OF AN ORDINANCE TO IMPLEMENT HOUSING ELEMENT PROGRAM 1F RELATING TO THE REGULATION OF MANUFACTURED HOMES (CLERK’S FILE NO. 304-7, 401-4, 401-9)
Mayor Martinez opened the public hearing. There were no public speakers for the item. Mayor Martinez closed the public hearing. The item was moved to the Consent Calendar for approval.

COUNCIL MEETING RECESS:

The City Council took a meeting recess from approximately 6:02 to 6:13 p.m.

CITY COUNCIL OTHER BUSINESS
ITEM 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 (CLERK’S FILE NO. 301-19)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Deputy City Attorney Wendy House and Principal Planner Amanda Lee.

Council questions focused on the factors the California Coastal Commission (CCC) considers when reviewing Short-Term Rental (STR) regulations; relationship between Accessory Dwelling Unit (ADU) and STRs regulations; CCC historical trends for approved STR regulations; CCC approval of STR regulations in similar agencies related to parking and number of occupants; occupancy data; registration and database processes; rational for the California jurisdictions proposed to be used to collect sample STR policies and regulation data; clarification on the documentation that would d be requested as part of the City STR database; request to receive median data for STR costs; whether specific statistics can be created from existing STR data; intent of the proposed STR database; and outreach plan for the STR database.

Mayor Martinez opened the item to public comment and the following people spoke:
1) E.G. Kundzior
2) Mary ZoBell
3) Kimberly Jackson
4) Ken Assi
5) Laura DeMarco with donations of time from Debbie Church and Brenda Sandpiere 6) Jennifer McDowell
7) Gina Mattern
Mayor Martinez closed the item to public comment.

Council discussion focused on general approach related to the City’s STR regulation with CCC; whether the City should create a STR registry an purpose/benefits of doing so; preferred comparable agencies for STR regulations and policies; availability of CCC staff to meet with City staff and/or the City Council regarding STR regulations; whether there is a possibility or need for a third party to manage the STR registry and removing personal data prior to providing to City Councill; desire to request City staff reach out to the consultant to request further analysis of existing data; interest in adding a 12th Guiding Principle to the list of Guiding Principles for STRs.

IT WAS MOVED BY COUNCILMEMBER DRUKER AND SECONDED BY COUNCILMEMBER

GAASTERLAND THAT CITY STAFF TO WORK COLLABORATIVELY WITH THE CALIFORNIA 6 September 18, 2023 Item 02
City Council Regular Minutes
September 5, 2023

COASTAL COMMISSION (CCC) REGARDING DEVELOPMENT OF THE CITY’S STRS REGULATIONS AND THAT THE CITY COUNCIL ADDS A 12TH GUIDING PRINCIPLE THAT THE CITY

WILL WORK FOR A SOLUTION FOR STRS THAT WORKS FOR DEL MAR AND WILL PASS MUSTER WITH COASTAL COMMISSION (VOTE 5-0)
Ayes: Mayor Martinez, and Councilmembers Druker, Gaasterland and Worden; Noes: Deputy Mayor Quirk; Absent: 0; Abstain: 0.

IT WAS MOVED BY COUNCILMEMBER WORDEN AND SECONDED BY MAYOR MARTINEZ TO AUTHORIZE STAFF TO MOVE FORWARD WITH A STR REGISTRY AND TO LEAVE IT TO STAFF’S DISCRETION WHETHER TO UTILIZE A THIRD-PARTY CONSULTANT TO IMPLEMENT (VOTE 5-0).

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

City Council consensus was for staff to use the California jurisdictions identified in the agenda report with the changes of removing Santa Barbara, Santa Cruz, and San Mateo counties and adding Carmel-bythe-Sea, Encinitas, Avalon, and Half Moon Bay to collect sample STR policy and regulations data to present to the City Council at a future meeting.

City Council consensus when implementing the STR registry was for the City to collect STR data on number of bedrooms (to the extent that the information is available). Council expressed desire to compare STR cost per bedroom to hotels and motels in Del Mar and desire to collect STR cost median data, if available.

ITEM 18: SAN DIEGUITO DRIVE PHASE 1 PRELIMINARY ENGINEERING ASSESSMENT

PRESENTATION AND RECOMMENDATION TO PROCEED TO PHASE
2 ENGINEERING DESIGN (CLERK’S FILE NO. 801-1)
An introduction to the item was provided by City Manager Jones. City Manager Jones thanked the residents for their thoughtful questions, feedback and input on San Dieguito Drive Phase 1 Preliminary Engineering Assessment (Project), as well as their participation, along with Councilmembers Druker and Gaasterland, in resident meetings to review design alternatives and provide feedback in preparation for tonight’s agenda item. A presentation was provided by Project Manager II Martin Boyd and City engineering consultant Tim Thiele, Vice President of Michael Baker International.

Council questions focused on the timing of the Phase 2 planning and final design; whether the San Dieguito Drive Project planning will be completed in time for coordination with Utility Undergrounding Project X1A; red dot with staff’s responses to the Council questions on the Project; whether the recommended Alternative #3 meets the County of San Diego roadway standards required by the City for acceptance of public streets; whether staff conducted a safety analysis regarding the street and sewer; whether the project will require California Environmental Quality Act (CEQA) review and whether those costs are included in the current project cost estimate; clarification on the project contingency; funding source and budget allocations related to the Project; width of the existing street; need for retaining wall included in the Project; details of a quote for paving obtained in 2022 by private residents; and basis for the recommended project design.

Mayor Martinez opened the item to public comment and the following people spoke:
1) Tate Scott
2) Beth Westburg
7 September 18, 2023 Item 02
City Council Regular Minutes
September 5, 2023

3) Majid Kharrati
4) Amy Cheshire
Mayor Martinez closed the item to public comment.

Council discussion focused on septic systems and the resident’s consideration of installing a sewer as part of this project; regulations and resources from the County of San Diego Health Department related to septic systems; clarification on Project next steps including funding options; requirements of the City’s Complete Street Policy; preliminary project cost estimate and proposed work compared to the scope and costs included in the private paving quote obtained by residents; fire safety consideration related to the project, and clarification on the engineer’s estimate versus actual bids determining the cost of the project.

IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER DRUKER TO 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 FOR THE MINIMAL ALTERNATIVE (ALTERNATIVE #3); AND 3) AUTHORIZE THE CITY MANAGER TO EXECUTE THE TASK ORDER. (VOTE 4-1 WITH

DEPUTY MAYOR QUIRK OPPOSED)
Ayes: Mayor Martinez, and Councilmembers Druker, Gaasterland and Worden; Noes: Deputy Mayor Quirk; Absent: 0; Abstain: 0.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
City Council representatives reported on the San Dieguito River Valley Regional Open Space Park Riverpark Joint Powers Authority (JPA); Clean Energy Alliance Community Advisory Committee; METRO Wastewater JPA; League of California Cities- Coastal Cities Group; League of California Cities; San Diego Association of Governments (SANDAG) Shoreline Preservation Working Group; SANDAG Sediment Management Technical Taskforce; Undergrounding Project Advisory Committee; North County Transit district; Del Mar Community Connections; and SANDAG Audit Committee.

ADJOURNMENT
Mayor Martinez adjourned the meeting at 8:26 p.m.

Sarah Krietor, Administrative Services Manager/
City Clerk
8 September 18, 2023 Item 02

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
SEPTEMBER 5, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
And via teleconference
111 Eden St.

Bar Harbor, ME 04609

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

ROLL CALL

Present: Mayor Tracy Martinez and Councilmembers Dave Druker, Terry Gaasterland and Dwight Worden. Deputy Mayor Dan Quirk participated in the meeting remotely.

CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Short Term Rental regulations
Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None.

B) Conference with Legal Counsel - Existing Litigation
The Winston School of San Diego, Inc. v. City of Del Mar San Diego Superior Court Case No. 37-2021-00042977-CU-CO-CTL Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None. Councilmember Druker was recused due to living within 500 feet of the subject matter of the discussion.

C) Real Property Negotiations
Property: Winston School, 215 9th Street, Del Mar, CA 92014 Negotiating Parties: City of Del Mar and Winston School Under Negotiation: Price, terms of lease payment
Authority: Government Code Section 54956.8
Reportable Action: None. Councilmember Druker was recused due to living within 500 feet of the subject matter of the discussion.

ADJOURNMENT
Mayor Martinez adjourned the meeting at 4:21 P.M.

Sarah Krietor, Administrative Services Manager/
City Clerk
9 September 18, 2023 Item 02
1 September 18, 2023 Item 03
2 September 18, 2023 Item 03
3 September 18, 2023 Item 03
4 September 18, 2023 Item 03
5 September 18, 2023 Item 03
6 September 18, 2023 Item 03
7 September 18, 2023 Item 03
8 September 18, 2023 Item 03
9 September 18, 2023 Item 03
10 September 18, 2023 Item 03
11 September 18, 2023 Item 03
12 September 18, 2023 Item 03
13 September 18, 2023 Item 03
14 September 18, 2023 Item 03
15 September 18, 2023 Item 03
16 September 18, 2023 Item 03
17 September 18, 2023 Item 03
18 September 18, 2023 Item 03
19 September 18, 2023 Item 03
20 September 18, 2023 Item 03
21 September 18, 2023 Item 03
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 18, 2023
SUBJECT: Second Reading and Adoption of an Ordinance Amending the City’s Local Coastal Program and Del Mar Municipal Code Chapter 30.80 Parking Regulations
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt the Ordinance (Attachment A) to amend the City’s Local Coastal Program (LCP) and Del Mar Municipal Code (DMMC) Chapter

30.80 Parking Regulations consistent with the May 10, 2023, California Coastal Commission (CCC) Conditional Certification Action.

DISCUSSION/ANALYSIS:

On September 5, 2023, the City Council introduced an Ordinance to repeal and replace Ordinance 997 and amend Ordinance 982 to correct the Ordinance language required for final certification by the CCC. This is considered an administrative corrective action because the City Council previously considered and approved all 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, including:

1. A 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; and

2. A clarification that the existing conditions and parking inventory covers publicly available (not private) on-and off street parking; and

3. A clarification that should these code changes lapse with the January 1, 2031, expiration of the CCC conditional approval of the City’s Local Coastal Program Amendment (LCPA) that any business relying on the revised parking code would be considered legal non-conforming.
1 September 18, 2023 Item 05
City Council Agenda Report
Amendment of Parking Ordinance No. 982; Repeal and Replace 997/LCPA September 18, 2023

The Council is asked to adopt the final Ordinance (Attachment A) with these clarifications.

Upon adoption by the City Council, staff will submit the Ordinance to CCC for final certification of the City’s LCPA. The City’s LCPA will then be scheduled for final certification at a future CCC meeting at which time the package of parking amendments will take effect.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The proposed action is exempt from the preparation of an environmental document pursuant to the California Environmental Quality Act (CEQA) per CEQA Guidelines Article 19, Section 15301 (Existing Facilities). The action would not expand any existing uses and would encourage less vehicles miles traveled and a reduction in greenhouse gas (GHG) emissions in that less dedicated parking spaces would be required to be provided for restaurant uses in the City’s commercial zones. Further, none of the six exceptions to the use of a Categorical Exemption are applicable (Guidelines Section 15300.2). These findings are based upon the record prepared by the City and the City’s analysis demonstrating that no potential environmental effects would occur by adoption of this ordinance.

ATTACHMENTS:

Attachment A – Ordinance Adopting Required CCC Modifications to City Ordinance 982 2 September 18, 2023 Item 05

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. 3 September 18, 2023 Item 05
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.
4 September 18, 2023 Item 05
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 5 September 18, 2023 Item 05
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).
6 September 18, 2023 Item 05
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
7 September 18, 2023 Item 05
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. 8 September 18, 2023 Item 05
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
9 September 18, 2023 Item 05
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
10 September 18, 2023 Item 05
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 18, 2023
SUBJECT: Second Reading and Adoption of an Ordinance to Implement Housing Element Program 1F Relating to the Regulation of Manufactured Homes REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council adopt the proposed Ordinance (Attachment A) amending the Del Mar Municipal Code (A-23-001) to implement 6
th Cycle Housing Element (Housing
Element) Program 1F relating to the regulation of manufactured homes.

DISCUSSION/ANALYSIS:

On September 5, 2023, the City Council introduced an ordinance to implement Housing Element Program 1F, which requires processing of municipal code amendments to demonstrate that, in compliance with State law, the City’s code does not include any impediments to the installation of manufactured homes. On July 10, 2023, the Planning Commission unanimously recommended City Council approval. In both the Planning Commission and City Council meetings, the respective item was approved on the consent calendar and there were no public speakers or submitted public correspondence for the item.

The proposed Ordinance amends existing regulations relating to the regulation of manufactured homes. A manufactured home is 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 following is a description of the applicable federal, state, and local regulations for manufactured homes:

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.
1 September 18, 2023 Item 06
City Council Agenda Report
Manufactured Homes Ordinance
September 18, 2023

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:
• Allow manufactured housing to be placed on a permanent foundation system and installed on lots that allow single- dwelling units, including residential and commercial zones
• Allow manufactured housing subject to the same development standards as conventional single dwelling units and permitted in the same manner that conventional residential structures are permitted • Allows architectural requirements to be imposed related to roof overhang, roofing material, and siding material so long as such requirements do not exceed those imposed on conventional single dwelling units
• Restricts City from applying any development standards that have the effect of precluding manufactured homes from being installed as permanent residences
• Allows age limitation homes manufactured more than 10 years prior to the permit application date to install the manufactured home In Del Mar, manufactured homes and conventional single dwelling units will all be subject to the same Design Review Board discretionary design review permit process in accordance with DMMC Chapter

23.08, unless otherwise specified per applicable law that a new dwelling unit on the lot is subject only to ministerial processes (i.e., Senate Bill 9 projects or Accessory Dwelling Units).

Proposed Del
Mar Municipal
Code (DMMC)
Amendments
The amendments generally clarify that the municipal code, zoning, and permit processes for manufactured homes comply with State law by:
• Creating a new DMMC Chapter 23.15 (Manufactured Homes) to clarify definitions, specify requirements for installation and obtaining a building permit, and identify that manufactured homes are allowed in all zones that allow single dwelling units (i.e., R1, R2, RM, RC, and the Carmel Valley Precise Plan) • Amending DMMC Sections 23.16.020 (Moving Buildings -
Issuing Authority) and 30.86.050 (Supplemental Regulations - Buildings Moved) to clarify that manufactured homes are subject 2 September 18, 2023 Item 06
City Council Agenda Report
Manufactured Homes Ordinance
September 18, 2023

The proposed Ordinance is not subject to a Local Coastal Program (LCP) amendment because the applicable code sections are not within the certified LCP. City Council adoption of the Ordinance will complete the required Housing Element implementation action as further described below. The Ordinance will be effective 30 days after adoption.

HOUSING IMPACT:

The Ordinance will not result in any change in the City’s housing capacity. Instead, it ensures that the City’s code does not include any impediments for manufactured homes. This action implements the certified 6
th Cycle Housing Element Program 1F.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The proposed ordinance would not result in significant effects on the environment or an increase in the severity of effects on the environment as previously analyzed and identified in the 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR).

Pursuant to CEQA Guidelines Section 15162, no further environmental documentation is necessary. The Final PEIR and associated Mitigation, Monitoring, and Reporting Program (MMRP) was certified by the City Council on October 5, 2020 (State Clearinghouse (SCH) No. 2020029064). The Final PEIR is available at:
www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR-91020 NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Implementation of Housing Element Program 1F in accordance with the certified Housing Element is a Tier 1 City Council identified priority for completion in Fiscal Year 2023-2024.

ATTACHMENT:

Attachment A – Ordinance to Implement Housing Element Program 1F Relating to the Regulation of Manufactured Homes
to the same zoning standards and approval process as a
conventional dwelling unit in the same zone, which is Design Review Board approval through a discretionary design review permit process in accordance with DMMC Chapter 23.08,
unless otherwise specified per applicable law that a new dwelling unit on the lot is subject only to ministerial processes (i.e., Senate Bill 9 projects or ADUs)
• Amending Section 30.04.130 (Manufactured Home – Definition) for consistency with Chapter 23.15
3 September 18, 2023 Item 06
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, ADDING A NEW CHAPTER 23.15
(MANUFACTURED HOMES) TO THE DEL MAR MUNICIPAL CODE;
AND AMENDING DEL MAR MUNICIPAL CODE SECTION 30.04.130
(MANUFACTURED HOMES DEFINITION); AMENDING DEL MAR
MUNICIPAL CODE SECTION 30.86.050 (SUPPLEMENTAL
REGULATIONS – BUILDINGS MOVED); AND AMENDING DEL MAR
MUNICIPAL CODE 23.16.020 (MOVING BUILDINGS – ISSUING

AUTHORITY) ALL RELATING TO THE REGULATION OF

MANUFACTURED HOMES IN THE CITY OF DEL MAR
WHEREAS, California Government Code Section 65852.3 regulates the installation of manufactured homes that meet federal safety and construction standards as certified by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.) in single dwelling unit residential zones within local jurisdictions in the State of California; and
WHEREAS, State law requires cities and counties, including charter cities, to: (i) allow manufactured homes to be placed on a permanent foundation in any lot zoned for conventional single dwelling units, and (ii) only subject manufactured homes and the lots on which they are placed to the same development standards as conventional single dwelling units; and
WHEREAS, State law allows cities and counties, including charter cities, to: (i) impose architectural requirements on the manufactured home structure relating to roof overhang, roofing material, and siding material, even if similar requirements are not imposed on conventional single-family residential dwellings (so long as such requirements do not exceed those imposed on conventional single dwelling units), and (ii) prohibit the installation of a manufactured home that was manufactured more than 10 years prior to the application date for a permit to install the manufactured home; and WHERAS, State law further restricts cities and counties, including charter cities, from applying any development standards on manufactured homes that have the effect of precluding manufactured homes from being installed as permanent residences; and WHEREAS, the City currently regulates manufactured homes in the City 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; and
WHEREAS, the certified City of Del Mar 6th Cycle Housing Element Update (2021- 2029) includes Housing Element Program 1F (Manufactured Housing), which commits the City to amend certain provisions under the DMMC by December 31, 2023, to regulate Attachment A
4 September 18, 2023 Item 06
Ordinance No. ____

manufactured homes consistent with State law under Government Code Section 65852.3; and
WHEREAS, the City desires to amend the DMMC to define manufactured homes and clarify the City’s ability to regulate manufactured homes consistent with State law.

NOW THEREFORE, the City Council of the City of Del Mar, California, hereby ordains as follows:

SECTION ONE: That the foregoing recitals are true and correct.

SECTION TWO: That a new Chapter 23.15 (Manufactured Homes) is hereby added to the Del Mar Municipal Code to regulate manufactured homes in the City of Del Mar consistent with California Government Code Section 65852.3, as follows:

Chapter 23.15 – Manufactured Homes

23.15.010 – Purpose
It is the purpose of this Chapter to provide standards and criteria for the placement, design, and construction of manufactured homes installed on a permanent foundation system in single dwelling unit residential zones within the City of Del Mar consistent with State law under California Government Code Section 65852.3, as those provisions may be amended or superseded from time to time.

For purposes of promoting the public health, safety and general welfare, and more specifically for the purpose of providing City residents a suitable living environment and maintaining certain minimum building standards for residential dwellings, the following standards are hereby established for the installation of manufactured homes on a permanent foundation system in single dwelling unit residential zones.

23.15.020 – Definitions
For purposes of this Chapter, the following definitions shall apply:

A. Manufactured home means a single dwelling unit constructed wholly or partially off-site that is installed on a permanent foundation system, and which is certified in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, and compliant with Section 18551 of the California Health and Safety Code.

B. National Manufactured Housing Construction and Safety Standards Act of 1974 means the Federal Act codified at 42 U.S.C. Sections 5401 et seq., as those provisions may be amended or superseded from time to time.

23.15.030 – Permitted Zones
5 September 18, 2023 Item 06
Ordinance No. ____

Subject to compliance with the provisions of this Chapter, manufactured homes are permitted in zones where single dwelling units are an allowed use as follows:

A. Very Low Density Residential Zone (R1-40)
B. Modified Low Density Residential Zone (R1-14)
C. Low Density Residential Zone (R1-10)
D. Low Density-Beach Residential Zone (R1-10B)
E. Medium Density Single-Family Residential Zone (R1-5) F. Medium Density Single-Family Residential Zone-Beach (R1-5B) G. Carmel Valley Precise Plan Specific Plan (CVPP)
H. Medium Density Mixed Residential-East (RM-East)
I. Medium Density Mixed Residential-West (RM-West)
J. Medium Density Mixed Residential-Central (RM-Central) K. Medium Density Mixed Residential-South (RM-South)
L. High Density Mixed Residential (R2)
M. Residential Commercial (RC)

23.15.040 – Requirements for Installation of Manufactured Homes In lieu of a home installed by conventional construction, the placement of a manufactured home on a lot within a permitted zone identified in Section 23.15.030 of this Chapter shall be permitted if done in compliance with the following requirements:

A. Required Certification. At the time of application for installation of a manufactured home, the applicant shall demonstrate that the manufactured home meets federal certification standards in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974.

B. Permanent Foundation. Pursuant to Section 18551 of the California Health and Safety Code, the manufactured home must be installed on a permanent foundation system.

C. Building Permit Required. Prior to installing a manufactured home on a permanent foundation system, the manufactured home owner or a licensed contractor shall obtain a building permit from the Planning & Community Development Department in compliance with the requirements set forth in Section 18551 of the California Health and Safety Code and the local process for review and issuance of a building permit as set forth in Section 23.05.030.

D. Age Limitation. No more than ten (10) years may have elapsed between the manufacture date of a manufactured home and the application date for a building permit to install the manufactured home on a permanent foundation. 6 September 18, 2023 Item 06
Ordinance No. ____

E. Compliance with Applicable Ordinances. All ordinances applicable to conventional single dwelling units within the applicable zone in which a manufactured home is located shall also apply to manufactured homes, including, but not limited to, requirements for utility connections including water and sewer, height, lot coverage, setbacks, parking, and other residential development standards.

F. Hazard Control and Risk Reduction. The manufactured home placement shall be subject to the same hazard control and risk reduction standards as any conventional single dwelling unit that would be placed on the same lot.

G. Architectural Review Requirements Specific to Manufactured Homes.

Manufactured homes shall be subject to the same architectural standards as conventional single dwelling units and look substantially like a conventional single dwelling unit as to its roof overhang, roofing material, siding material, parking and zoning requirements. Proposed manufactured homes and conventional single dwelling units are subject to a discretionary design review permit process in accordance with Chapter

23.08, unless otherwise specified per applicable law that a new dwelling unit on the lot is subject only to ministerial processes.

SECTION THREE: That Del Mar Municipal Code Section 30.04.130 (“M” Words and Phrases Defined) is hereby amended as follows:

A. Manufactured Home means a single dwelling unit constructed wholly or partially off-site that is installed on a permanent foundation system, and which is certified and compliant with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.), and compliant with Section 18551 of the California Health and Safety Code. For purposes of this Title, a manufactured home shall be subject to the same regulatory standards and permit review process applicable to conventional single dwelling units in the zone in which it is located, unless expressly stated in Chapter 23.15 of this Code.

B. through G. [No change]
SECTION FOUR: That Del Mar Municipal Code Section 30.86.050 (Supplemental Regulations - Buildings Moved) is hereby amended as follows:

No building or structure shall be moved on a lot or parcel of land, or relocated from one lot or parcel of land to another, unless such building or structure conforms, or is made to conform to all provisions of this Title applicable to the property upon which the building will be located. All buildings or structures moved within the City, or from outside the City to within the City, shall first be approved by the Design Review Board pursuant to this Code. For purposes of this Section, some exceptions apply to manufactured homes, which are regulated under Chapter

23.15 of this Code.
7 September 18, 2023 Item 06
Ordinance No. ____

SECTION FIVE: That Del Mar Municipal Code Section 23.16.020 (Moving Buildings - Issuing Authority) is hereby amended as follows:

A. [No change]
B. Exercising the authority to move a building in accordance with a permit shall be expressly conditioned upon the applicant first having obtained all other permits and licenses required for the building move. If the building is to be located within the City, the applicant shall first comply with the Design Review and zoning requirements of this Code. For purposes of this Section, some exceptions apply to manufactured homes, which are regulated under Chapter 23.15 of this Code.

SECTION SIX: The City Council finds that the proposed Ordinance would not result in significant effects on the environment or an increase in the severity of effects on the environment as previously analyzed and identified in the 6th Cycle Housing Element Final Program Environmental Impact Report (PEIR). Pursuant to CEQA Guidelines Section 15162, no further environmental documentation is necessary. The Final PEIR and associated Mitigation, Monitoring, and Reporting Program (MMRP) was certified by the City Council on October 5, 2020 (State Clearinghouse (SCH) No. 2020029064). The Final PEIR is available at: www.delmar.ca.us/DocumentCenter/View/7171/Final-PEIR91020 SECTION SEVEN: This Ordinance was introduced by the City Council on September 5, 2023.

SECTION EIGHT: 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.

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
8 September 18, 2023 Item 06
Ordinance No. ____

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 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
9 September 18, 2023 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Joshua Gordon, Fire Chief
Kseniia Izgarskaia, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: September 18, 2023
SUBJECT: Agreement with North County EVS, Inc. for Fire Engine Maintenance and As-Needed Repair Services
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve a Professional Services Agreement with North County EVS, Inc. (Attachment A) to provide fire engine maintenance and asneeded repair services; and 2) Authorize the City Manager to execute the Agreement.

DISCUSSION/ANALYSIS:

The City of Del Mar Fire Department is equipped with one front-line fire engine, one F250 utility truck, and one reserve fire engine. Maintenance and repair of these vehicles is highly technical in nature and requires services of a specialized third-party contractor.

The current agreements with Southern California Fleet and South Coast EVS, who have been providing fire engine maintenance and repair services to the City, are set to expire on September 30, 2023.

On August 1, 2023, the City issued a Request for Qualifications (RFQ 2023-07) soliciting proposals from qualified consultants to perform fire engine maintenance and as-needed repair services. During the solicitation period, two proposals were received from Southern California Fleet and North County EVS, Inc. The proposals were carefully evaluated by City staff based on experience, qualifications, and the quality of services delivered under prior contracts with the City (if applicable). Proposed costs and fees were also evaluated to ensure they were in line with current market rates for the services to be provided.

After a thorough review of the submitted proposals, North County EVS, Inc. was identified by staff as having the strongest proposal and the firm best suited to meet the City’s current and future needs. North County EVS, Inc. has over 20 years of experience servicing fire apparatus, previously contracted with the City of Del Mar to provide these services, and currently services the Rancho Santa Fe Fire Protection District and City of Solana Beach.

If the recommended agreement is approved, the term for the requested services would be for an initial period of three (3) years beginning October 1, 2023, and ending 1 September 18, 2023 Item 07
City Council Agenda Report
Agreement for Fire Engine Maintenance and Repair Services September 18, 2023

September 30, 2026, with an option to extend the agreement for an additional two-year period through September 30, 2028.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to the recommended action. Funds for fire engine maintenance and repair services are included in the Fiscal Year 2023-2024 and 2024-2025 Operating and Capital 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 North County EVS, Inc.
2 September 18, 2023 Item 07

PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND NORTH COUNTY EVS, INC.

FOR FIRE ENGINE MAINTENANCE AND AS-NEEDED REPAIR SERVICES This Professional Services Agreement (“Agreement”) is made and entered into this 18th day of September, 2023 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and North County EVS, Inc. (“Consultant”) (collectively “Parties”).

WHEREAS, the City desires to employ a consultant to provide fire engine maintenance and as-needed repair services for the City of Del Mar (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.

NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:

1. CONSULTING SERVICES.

1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.

1.2. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for a period of three (3) years beginning on October 1, 2023 and ending on September 30, 2026.

The agreement may be extended for an additional two (2) year period, upon written approval of both parties.

Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

2.2 Delay. Any delay occasioned by causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay 3 September 18, 2023 Item 07
Professional Services Agreement
For Fire Engine Maintenance and As-Needed Repair Services

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.

4.2 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, 4 September 18, 2023 Item 07
Professional Services Agreement
For Fire Engine Maintenance and As-Needed Repair Services

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 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 18, 2023 Item 07
Professional Services Agreement
For Fire Engine Maintenance and As-Needed Repair Services

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 nonpayment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.

11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:

11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy. 6 September 18, 2023 Item 07
Professional Services Agreement
For Fire Engine Maintenance and As-Needed Repair Services

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.

12. DEFENSE AND INDEMNIFICATION.
7 September 18, 2023 Item 07
Professional Services Agreement
For Fire Engine Maintenance and As-Needed Repair Services

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, physical or mental disability, medical condition, genetic information, marital status, 8 September 18, 2023 Item 07
Professional Services Agreement
For Fire Engine Maintenance and As-Needed Repair Services

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 North County EVS, Inc.

City Clerk Attn: Louis Marro
1050 Camino Del Mar P.O. Box 2790
Del Mar, CA 92014 Valley Center, CA 92082
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.

18. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the county of San Diego, California.

Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.

19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.

To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the 9 September 18, 2023 Item 07
Professional Services Agreement
For Fire Engine Maintenance and As-Needed Repair Services

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 Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.
10 September 18, 2023 Item 07
Professional Services Agreement
For Fire Engine Maintenance and As-Needed Repair Services

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]
11 September 18, 2023 Item 07
Professional Services Agreement
For Fire Engine Maintenance and As-Needed Repair Services

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
NORTH COUNTY EVS, INC.

By: _______________________
Louis Marro, President

ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
12 September 18, 2023 Item 07
Professional Services Agreement
For Fire Engine Maintenance and As-Needed Repair Services

EXHIBIT “A”

SCOPE OF SERVICES
A. Consultant shall perform the following Scope of Services including, but not limited to:
 As-needed, onsite/mobile fire engine repair and maintenance services for three City fire apparatus.
 Availability to provide service 24 hours a day / 7 days a week (emergency repairs, and phone/technical support).
 Maintain fire engines in accordance with National Fire Protection Association (NFPA) 1915 Standards for Fire Apparatus Preventative Maintenance  Inspection and preventative maintenance service are to ensure that: (a) fire apparatus safely operate to the next scheduled service without a failure; and (b) component service life is maximized. All minor deferred repairs will be completed during the inspection and preventative maintenance service.  The Contractor shall ensure that all re-assembly tasks performed after any required vehicle repair maintain the vehicle’s OEM configurations as originally received from the manufacturer. System examples include, but are not limited to, the wiring and clamping, pump system pressures and flows, hydraulic system pressures, hose and orifice sizing.
 No damage may be repaired until the Contractor receives authorization from the Fire Department. Any damage noted by the Contractor during an inspection shall be immediately reported to the Fire Department. The Contractor shall ensure that all required repairs restore the damaged vehicle and its systems and components to its original configuration, appearance, and structural integrity; and meet all OEM specifications for the equipment. The Contractor is responsible for all costs of repair for any damage incurred while the Contractor has custody of the vehicle.  The Contractor shall furnish all necessary supervision, labor, tools, parts and equipment required to perform inspections, maintenance, repairs, and testing of the fleet of fire apparatus. All services performed by the Contractor shall meet the National Fire Protection Association Standard (NFPA) 1911, Standard for the Inspection, Maintenance, Testing, and Retirement of In-Service Automotive Fire Apparatus, current edition. In addition, all services provided by the Contractor shall be consistent with industry best practices, shall meet all applicable federal, state and local standards and shall follow all manufacturer’s recommendations.  The Contractor shall advise the Fire Department within the same day of the completion of repairs or replacements on any fire apparatus. A representative of the Fire Department will perform a quality control acceptance inspection of all equipment repairs or replacements. No equipment shall be returned to an in-service status until the Fire Department has accepted the work as complete.
13 September 18, 2023 Item 07
Professional Services Agreement
For Fire Engine Maintenance and As-Needed Repair Services

B. Contractor shall maintain the following Qualifications:
 KME/Spartan factory trained and warrantied provider
 Pierce factory trained and warrantied provider
 State of California Fire Mechanic III Master Mechanic  ASE Medium/Heavy Truck Master Certification
 Air Brake Certified
 Allison Transmission Certified
 Experience Repairing and Maintaining Heavy Truck /Fire Apparatus (All Brands and Types Fire Apparatus)
 Experience repairing pump, plumbing, and foam systems  Ability to re-certify the pump after any major repairs and/or annually 14 September 18, 2023 Item 07
Page | 9
Costs & Fees
Current Pricing
Hourly Labor Rates:

Monday through Friday 7am to 6pm - $150 per hour.

Monday through Friday 6pm to 7am, weekends & holidays - $225 per hour, minimum of 2 hours.

Service Calls:

Monday through Friday 7am to 6pm - $150 per hour, portal to portal.

Monday through Friday 6pm to 7am, weekends & holidays - $225 per hour, portal to portal, minimum of 2 hours.

Fire Engineer Training:
$850 per day based on an 8-hour day
Fire Apparatus Consul3ng:
$185 per hour, minimum of 2 hours
Hazardous Waste Fee:
$15 per service
Shop Supplies:
$15 per service
Electronic Tooling Fee:
$75 per service

Shipping/Freight:

Billed at actual cost (0% markup)
15 September 18, 2023 Item 07
Page | 10
Costs & Fees
Con3nued
90 Day Safety Inspec3on (90 DSI)
Typical 90 DSI is 5 to 6 hours of labor plus parts, depending on year/make/model of the fire apparatus and op3ons/type of equipment it has.

Preventa3ve Maintenance (PM) Service
Typical PM Service is 8 to 10 hours of labor plus parts, depending on year/make/model of fire apparatus and the op3ons/type of equipment it has.

Annual Maintenance (AM) Service
Typical AM Service is 24 to 40 hours of labor plus parts, depending on year/make/model of fire apparatus and the op3ons/type of equipment it has.

Cost is also dependent on the year in the service cycle. i.e. during certain years, synthe3c fluids will be installed and only need changing again during years 4 or 5 depending on fluid/cavity.

Annual Pump Test (APT)
250 GPM to 749 GPM ra3ng - $375*
750 GPM to 2000 GPM ra3ng - $495*
* Includes documenta3on
Annual Opacity Tes3ng
$75 per test per unit
Cost Of Living Increases

2.5% per year for hourly labor rates
16 September 18, 2023 Item 07
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 18, 2023
SUBJECT: Approval of Task Orders with Michael Baker International and NOVA Services to Perform Survey/Mapping and Geotechnical Services for the Jimmy Durante Boulevard Bluff Project
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council:
1) Approve a $12,600 Task Order (Attachment A) with Michael Baker International (MBI) to conduct survey and mapping services;
2) Approve a $29,800 Task Order (Attachment B) with Barnett Quality Control Services, Inc. dba NOVA Services, Inc. (NOVA) to conduct geotechnical services; 3) Authorize the City Manager to execute the Task Orders for MBI and NOVA related to the Jimmy Durante Boulevard Bluff Project; 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:

On April 21, 2019, a significant bluff failure occurred between Jimmy Durante Boulevard and several homes along Seaview Avenue, resulting in debris covering the eastern sidewalk and roadway. The City Council approved an emergency construction contract for $660,000 with Southland Paving, Inc. on May 6, 2019. A retaining structure was constructed with 40-foot steel beams and timber lagging, which will be either utilized asis or incorporated into a permanent retaining structure. The work occurred near overhead power lines, and therefore had to be coordinated with San Diego Gas and Electric. After the emergency repair work was completed, Jimmy Durante Boulevard was re-opened on May 29, 2019. Since then, the private property just above the failure (1970 Seaview Avenue) has been redeveloped and regraded.

The next phase of the City’s Jimmy Durante Boulevard Bluff Project (Project) will be to perform a field survey of the new topographic conditions; create topographic and right-ofway mapping of the City’s property and the three adjacent properties located at 1956, 1970, and 1974 Seaview Avenue; develop geotechnical cross sections; and perform a geotechnical stability analysis of the entire area. The requested action provides authorization for MBI to perform the field survey and topographic/right-of-way mapping 1 September 18, 2023 Item 08
City Council Agenda Report
MBI and NOVA Task Orders – Jimmy Durante Boulevard Bluff Project September 18, 2023

and for NOVA to update the geotechnical cross sections and perform the stability analysis. The City has existing as-needed agreements in place with MBI and NOVA for civil engineering and geotechnical services, respectively.

Once the survey and geotechnical work is complete, structural engineering will be required to determine the current retaining structure’s suitability as a permanent retaining structure. Additional tiebacks or structural elements may be required. Future phases will include engineering design, environmental permitting, legal consultation, and collaboration with the adjacent private property owners throughout the original bluff failure area. The final design may also include landscaping or grading. Required permit approvals are expected to include a Design Review Permit (DMMC Chapter 23.08), Coastal Development Permit (DMMC Chapter 30.75), and a Land Conservation Permit (Chapter 23.33) based on the permitting process for the final design.

If approved, this work is scheduled for completion in January 2024. Results will be presented to City Council for approval to proceed on future phases.

PRIOR CITY COUNCIL REVIEW:

On October 21, 2019, the City Council approved additional funding to cover the cost of work completed to date and additional necessary work related to the Jimmy Durante Boulevard Bluff Failure. On June 17, 2019, the City Council received an informational update on the Jimmy Durante Boulevard Bluff Failure. On May 20, 2019, the City Council adopted a Resolution proclaiming a local emergency due to the slope failure and landslide at 1970 Seaview Avenue and adjacent City property that resulted in damage to and obstruction of Jimmy Durante Boulevard and conditions of disaster or extreme peril of persons and property due to the associated impact of the road closure on emergency response access and timing. On May 6, 2019, the City Council approved an emergency contract with Southland Paving, Inc. and amended the FY 2018-19 Operating and Capital Budget to fund the initial temporary repair contract from General Fund Reserves.

FISCAL IMPACT:

Approval of the two Task Orders will require the City Council to approve carrying over $42,400 of unspent FY 2022-2023 funding. The Fiscal Year 2023-2024 Operating and Capital Budget would be amended as shown in the table below. It is anticipated that these expenditures will be reimbursed by the City’s insurance provider as part of a prior approved claim related to the bluff failure. Once received, the insurance reimbursement will be reflected as revenue in Mid-Year budget adjustments.

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

PROGRAM FUND ACCOUNT AMOUNT
Jimmy Durante Bluff Repairs
(Unspent FY22-23 budget) General Fund 40.7000.7026 $42,400 2 September 18, 2023 Item 08
City Council Agenda Report
MBI and NOVA Task Orders – Jimmy Durante Boulevard Bluff Project September 18, 2023

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:

The Jimmy Durante Boulevard Bluff Project is a Tier 1 City Council priority project for FYs 2023-2024 and 2024-2025.

ATTACHMENTS:

Attachment A – MBI Task Order
Exhibit A to Attachment A – MBI proposal for survey and mapping services Attachment B – Nova Task Order
Exhibit A to Attachment B – NOVA proposal for geotechnical services 3 September 18, 2023 Item 08
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us September 18, 2023 ATTACHMENT A
Michael Baker International SENT VIA EMAIL
Attn: Tim Thiele
5050 Avenida Encinas, Suite 260
Carlsbad, CA 92008
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR SURVEY AND MAPPING SERVICES

FOR THE JIMMY DURANTE BOULEVARD BLUFF PROJECT (ACCOUNT

40.7000.7026)
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 Jimmy Durante Boulevard Bluff Project, as described in the Consultant’s proposal dated July 25, 2023, and included as Exhibit A to this Task Order.

The project cost for this Task Order shall not exceed $12,600. The project schedule shall commence upon execution of this Task Order/Notice to Proceed and be completed by December 31, 2024, 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, Associate Management Analyst
Exhibit A: MBI – Proposal for Survey and Mapping for Jimmy Durante Boulevard Bluff Project 4 September 18, 2023 Item 08
5050 Avenida Encinas, Suite 260 | Carlsbad, CA 92008
Office: 760.476.9193 | Fax: 760.476.9198
July 25, 2023
Joe Bride
Public Works Director / City Engineer
City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
Re: Jimmy Durante Boulevard Wall and Slope Survey
Dear Joe:

Pursuant to your request, the Michael Baker International team is pleased to provide you with this proposed scope of services and fee estimate for the survey and mapping tasks for the abovementioned project.

Our staff is ready to commence upon your approval of our scope of services. If you have any questions about this scope of services or fee estimate, please feel free to contact me at 858-442- 5597.

Sincerely,
Tim Thiele, PE
Contract Manager
5 September 18, 2023 Item 08
City of Del Mar
July 25, 2023
Jimmy Durante Boulevard Slope and Wall Survey Page 1
City of Del Mar As-Needed Professional Services Agreement Proposal for Jimmy Durante Boulevard Wall and Slope Survey Scope of Services
This scope has been prepared in response to the City’s request for Michael Baker International to provide survey and mapping services of the slope and walls on the east side of Jimmy Durante Boulevard, adjacent to 1956 Seaview Ave, 1970 Seaview Ave, and 1974 Seaview Ave.

Task 1: Field Survey and Topographic Mapping
Michael Baker will provide field surveys and topographic mapping by conventional ground survey supplemented with aerial topography. The scope provided here is suitable for planning purposes:
• Research survey maps filed at the County Surveyor’s Office. • Perform field surveys of geodetic control, City benchmark to meet project datum of NGVD29 and NAD83 per City of Del Mar Record of Survey 12921. • Survey ground sufficient to obtain 1-foot ground contours, fixed features such as concrete, fences, buildings, retaining walls, visible utilities, and trees having a trunk diameter of 8 inches or larger.
• Perform a field boundary survey of existing survey monuments needed to establish the project rights of way.
• Provide a topographic survey at 1” = 20’ scale with 1 - foot contours of the property and adjacent existing improvements.
• Provide aerial topographic map of the project site, at 1” = 20’ scale with one-foot contour intervals including flight plan preparation, layout of ground control targets, field surveying services to set ground control panels, aerial photogrammetric services, and a compilation of planimetric and topographic features from controlled stereo par photographs to digital medium.

Task 2: Right-of-Way Mapping
Michael Baker will prepare base mapping files for use in planning and preliminary design.

The services of preparing a mapping base will include:
• Monuments found to establish the project boundary/rights of way. • Right of Way lines at the site with bearings and distances • Mapping reference information regarding the subject and adjoining parcels • Easements only if shown on record maps.

This scope and fee excludes the preparation of a Record of Survey. Should a Record of Survey become necessary, that will be negotiated under separate agreement. Field survey results can trigger Conditions pursuant to Section 8762 of the Business and Professions Code (Land Surveyor’s Act), State of California, that can require a Record of Survey to be filed if a field boundary survey is performed and there exist: any material discrepancies in the survey are discovered, monuments are set for property corners, or lines are established that are not already established on recorded maps. The Owner is hereby notified that a 6 September 18, 2023 Item 08
City of Del Mar
July 25, 2023
Jimmy Durante Boulevard Slope and Wall Survey Page 2
Record of Survey is required to be filed with the County Surveyor’s Office and recorded for this project site.

Task 3: Cross-Sections
Following the topographic and boundary surveys, Michael Baker will provide the City and the geotechnical engineer cross-sections of the project site. Cross-sections will be provided every 50- ft along the project site and will include the street, sidewalk, toe and top of slope, and existing retaining walls.

Exclusions
Any items not specifically outlined in this scope of work are excluded.

Cost Estimate
Michael Baker proposes to complete the work outlined in Scope of Services and invoice the City monthly on a percentage of completion basis in accordance with the following cost estimate:

ITEM WORK TASK FEE
Task 1 Field Survey and Topographic Mapping ...................................................... $6,600 Task 2 Right-of-way Mapping ................................................................................. $5,000 Task 3 Cross-Sections ........................................................................................... $1,000 COST ESTIMATE TOTAL $12,600
7 September 18, 2023 Item 08
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us September 18, 2023 ATTACHMENT B
NOVA Services, Inc. SENT VIA EMAIL
Attn: Danny J. Barnett/Andrew Neuhaus
4373 Viewridge Avenue, Suite B
San Diego, CA 92123
[email protected] / [email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR GEOTECHNICAL SERVICES FOR THE JIMMY DURANTE BOULEVARD BLUFF PROJECT (ACCOUNT 40.7000.7026) 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 Barnett Quality Control Services, Inc. dba NOVA Services, Inc. (Consultant), the term for which is November 19, 2022, to November 19, 2025.

Consultant shall execute tasks related to the Jimmy Durante Boulevard Bluff Project, as described in the Consultant’s proposal dated September 6, 2023, and included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $29,800. The project schedule shall commence upon execution of this Task Order/Notice to Proceed and be completed by December 31, 2024, 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 David J. Barnett Date
City Manager President
cc: Joe Bride, Public Works Director
Mariel Cairns, Associate Management Analyst
Exhibit A: Barnett/NOVA– Proposal for Geotechnical Services for Jimmy Durante Blvd Bluff 8 September 18, 2023 Item 08

GEOTECHNICAL

MATERIALS
SPECIAL INSPECTION DVBE  SBE  SDVOSB  SLBE
4373 Viewridge Avenue, Suite B
San Diego, CA 92123
P: 858.292.7575
usa-nova.com 944 Calle Amanecer, Suite F
San Clemente, CA 92673
P: 949.388.7710
Mariel Cairns September 6, 2023
City of Del Mar Public Works
2240 Jimmy Durante Boulevard
Del Mar, California 92014
Subject: Proposal for Geotechnical Services
Jimmy Durante Boulevard Landslide Mitigation
Del Mar, California
Dear Ms. Cairns:

NOVA Services, Inc. (NOVA) prepared this change order request for the Jimmy Durante Boulevard Landslide Mitigation project. The purpose of our services is to provide updated geotechnical recommendations for the landslide stabilization. The services provided will further refine our recommendations for the long-term stability of the Public Right-of-Way along a portion of Jimmy Durante Boulevard.

SCOPE OF WORK
Our scope of work will consist of the following:
• Meetings and consulting
• Site reconnaissance
• Updating geologic cross-sections and slope stability analyses • Report preparation

FEE ESTIMATE
We will provide the outlined geotechnical services on a time and materials basis. We estimate the cost for these services to be $29,800. The fee is based on our as-needed agreement with the City of Del Mar Department of Public Works. Table 1 presents a breakdown of our fee. 9 September 18, 2023 Item 08
Proposal for a Geotechnical Services
Jimmy Durante Boulevard Landslide Mitigation
Del Mar, California
September 6, 2023
2 Table 1. Fee Estimate

FEE ITEM COST
Meetings and Consulting
Principal Engineer/Geologist $ 800.00
Senior Engineer/Geologist $ 1,440.00
Site Reconnaissance
Senior Engineer/Geologist $ 720.00
Analysis/Report Preparation
Principal Engineer/Geologist $ 4,000.00
Senior Engineer/Geologist $ 19,440.00
Technical Drafter (CAD) $ 3,400.00
Total Contract Amount: $ 29,800.00

CLOSURE
NOVA appreciates the opportunity to prepare this proposal and we look forward to working with you on this project. If you have any questions, please contact us at 619.922.6889.

Respectfully submitted,
NOVA Services, Inc.
__________________________ _________________________
Andrew K. Neuhaus, PG, CEG Tom Canady, PE
Senior Engineering Geologist Principal Engineer
Distribution: Mariel Cairns via email at [email protected] Joe Bride via email at [email protected]
10 September 18, 2023 Item 08
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 18, 2023
SUBJECT: Authorization for Electronic Signature Use on Official City Documents REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (Attachment A) approving the use of electronic signatures on official City documents and authorizing the City Manager to develop and implement an administrative policy regarding the use of electronic signatures.

BACKGROUND:

An electronic signature is a verified electronic stamp or signature that is placed on the electronic version of a document in lieu of an original, handwritten wet signature on a hard copy of the document. The use of electronic signatures on legally binding documents has become increasingly prevalent in the private and public sectors, including among local government agencies. As a result of State and local directives during and in the aftermath of the COVID-19 pandemic, many individuals and private and public entity employees have been working remotely or on a hybrid schedule, resulting in an increased need for the use of electronic signatures.

There are numerous benefits to the use of electronic signatures, such as less paper and mailing supplies, less time and costs associated with transmitting and approving physical documents, decreased maintenance of printers, and an easily accessible audit trail when documents are modified and are signed. To realize the benefits of digital transactions, such as efficiency, responsiveness, cost savings, convenience, and paper reduction, it would be beneficial for the City to adopt a policy that would authorize the use of digital and electronic signatures and electronic records to the fullest extent allowed by law.

DISCUSSION/ANALYSIS:

The City’s current practice is to use traditional wet signatures for internal documents, as well as for documents between the City and external parties. The City is seeking additional methods to streamline its document signing process internally and with external parties to improve productivity and save resources. Using acceptable electronic signature technology to the greatest extent practicable would allow the City to collect and preserve signatures on 1 September 18, 2023 Item 09
City Council Agenda Report
Use of Electronic Signature on Official City Documents
September 18, 2023

documents quickly, securely, and efficiently, and also reduce use of paper, facilitate document retention, and generally contribute to a sound City-wide records management system. Use of electronic signatures by municipalities is expressly authorized by California Government Code Section 16.5.

The proposed Resolution (Attachment A) would authorize the use of electronic signatures on certain City documents while allowing the City to strike a balance between flexibility and the need for signature security and integrity. Specifically, the proposed Resolution would establish security and integrity guidelines and authorize the City Manager to develop and implement an administrative policy (Attachment B) outlining the procedures for use of electronic signature including acceptable technology vendors and suitable types of documents for electronic signatures.

The City Manager will also be authorized to make periodic reviews and may revise the provisions of the administrative policy, within the parameters of the applicable State laws and City regulations. As the City begins to implement the use of electronic signatures, staff will limit their use to a small number of documents that are commonly routed for signature that will include contracts and agreements and internal Personnel Action Forms.

While the use of electronic signatures will not be mandatory, it will be strongly encouraged and it will not change the City’s current document approval processes or requirements.

Documents and transactions signed by an electronic signature will be subject to City’s records retention policy. If the program is successful, the City Manager may expand the policy to allow for wider use of electronic signature where legally permitted.

The Administrative Policy related to Electronic Signature Use is attached to this agenda report as Attachment B for Council’s reference.

Selected Vendor
Over the past several months, staff researched various electronic signature platforms that offer a high degree of security and integrity and meet the statutory requirements. In July 2023, the City entered into an agreement with Cho Consulting, Inc. dba Novinzio for the use of OneSpan Sign software to provide electronic signature capabilities and services to the City.

OneSpan offers similar functionality and security as other providers, but is more cost effective.

The agreement is intended for a one-year pilot digital signature program with an option to extend the agreement for a longer term upon City Manager approval and pursuant to the City’s purchasing policy requirements.

FISCAL IMPACT:

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

Funds for the digital signature technology pilot program (which is approximately $1,100 annually) are included in the Administrative Services Department’s FY 2023-24 operational budget.

ENVIRONMENTAL IMPACT:
2 September 18, 2023 Item 09
City Council Agenda Report
Use of Electronic Signature on Official City Documents
September 18, 2023

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’s Goals and Priorities.

ATTACHMENTS:

Attachment A – Resolution Approving the Use of Electronic Signatures and Authorizing the City Manager to Develop and Implement an Administrative Policy Attachment B – Electronic Signature Use Administrative Policy 3 September 18, 2023 Item 09
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, APPROVING THE USE OF ELECTRONIC

SIGNATURES ON OFFICIAL CITY DOCUMENTS AND

AUTHORIZING THE CITY MANAGER TO DEVELOP AND

IMPLEMENT AN ADMINISTRATIVE POLICY REGARDING THE

USE OF ELECTRONIC SIGNATURES
WHEREAS, the use of electronic signatures on legally binding documents has become increasingly prevalent in the private and public sectors, particularly as a result of the COVID-19 pandemic; and
WHEREAS under California law, the use of electronic signatures is at the option of the parties, including public agencies, involved in a transaction; and WHEREAS, electronic signatures that meet certain requirements are recognized as valid and legally binding under the United States Electronic Signatures in Global and National Commerce (ESIGN) Act, the California Uniform Electronic Transactions Act (UETA), and California Government Code Section 16.5, which expressly authorizes municipalities to use digital signatures with appropriate security standards in place of traditional wet ink signatures for all official documents; and WHEREAS, benefits of using electronic signatures include reduction of paper generation; reduction of mailing supplies and maintenance of printers; significant decrease in time and cost associated with transmitting, approving, and retaining physical documents; as well as creation of an audit trail of the modification, editing, and approval or signing of documents; and
WHEREAS the City seeks to provide its residents, businesses, vendors, and contractors the opportunity to submit information or transact business with the City electronically to the greatest extent practicable; and
WHEREAS, the City Council finds that the use of electronic signatures will allow the City to collect and preserve signatures on documents quickly and securely, improve efficiency while saving costs of transmitting documents, promote the City’s environmental sustainability goals, and provide for better management of City records and resources; and WHEREAS, the City wishes to authorize the use of electronic signatures in certain situations, as necessary and appropriate, and in accordance with the criteria required by State law.

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 Manager is hereby authorized to develop, approve, and implement an administrative policy related to the use of electronic signatures on official city documents.
4 September 18, 2023 Item 09
Resolution No. 2023-XX

3. The City Manager is hereby authorized to determine acceptable digital signature technologies and vendors consistent with industry best practices and statutory requirements to ensure the security and integrity of the data and the signature.

The City Manager shall further determine the types of documents for which the City will accept electronic signatures and adopt additional guidelines as necessary to implement the policy’s stated purpose.

4. The City Manager is hereby authorized to the provisions of the policy at any time, within the parameters of the applicable State laws and City regulations.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held 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
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 18th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 September 18, 2023 Item 09
City of Del Mar
Administrative Policies and Procedures
137 Electronic Signature Use
DATE ADOPTED: 9/18/2023
DATE REVISED:

PAGES: 1 OF 4
I. PURPOSE
The purpose of this Electronic Signature Use Administrative Policy (Policy) is to establish City of Del Mar (City) guidelines and standards for the use and acceptance of an approved electronic signature in lieu of a handwritten, wet ink signature. The intent of this Policy is to increase productivity and ensure convenient, timely and appropriate access to City information by using electronic signature technology to collect and preserve signatures on documents quickly, securely, and efficiently. Additionally, this Policy furthers the City’s environmental sustainability goals by reducing the consumption of paper and mailing supplies, and the maintenance of printers.

This Policy does not supersede any laws that specifically require the use of a handwritten, wet ink signature, nor does it limit the right or option to use or sign documents nonelectronically. While the use of electronic signatures is suggested and encouraged via this Policy, the Policy does not require the use of electronic signatures; nor can the City mandate that any third party signing a City document use an electronic signature.

II. DEFINITIONS
A. An "Electronic Signature” is an Electronic sound, symbol, or process, attached to or logically associated with an Electronic Record and executed or adopted by a person with the intent to sign the Electronic Record (Civil Code Section 1633.2(h)). For purposes of this Policy, a “Digital Signature” as defined in subdivision (d) of Section

16.5 of the Government Code is a type of Electronic Signature.

B. A “Digital Signature” is an Electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a Wet Signature, if and only if, it embodies the following attributes pursuant to Government Code Section 16.5:

1. It is unique to the person using it.

2. It is capable of verification.

3. It is under the sole control of the person using it.

4. It is linked to data in such a manner that if the data are changed, the digital signature is invalidated.

5. It conforms to regulations adopted by the Secretary of State.

C. "Electronic" relates to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities (Civil Code Section 1633.2(e)).

D. An "Electronic Record" is a record created, generated, sent, communicated, received, or stored by electronic means (Civil Code Section 1633.2(g)).

E. An "Electronic Transaction" is a transaction, an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs, conducted or performed, in whole or in part, by Electronic means or Electronic Records.
6 September 18, 2023 Item 09
City of Del Mar
Administrative Policies and Procedures
137 Electronic Signature Use
DATE ADOPTED: 9/18/2023
DATE REVISED:

PAGES: 2 OF 4
F. A “Wet Signature” is a manual, handwritten signature that is not electronically or digitally signed.

G. “Acceptable Technology” is technology acceptable for use in the State of California, capable of creating a Digital Signature and which conforms to the requirements of Government Code Section 16.5 and California Code of Regulations, Title 2, Section 22003.

H. A signature by “Proxy” is when Person-A authorizes Person-B to sign Person-A’s signature on his/her behalf. Proxy signatures are prohibited under this Policy.

III. RESPONSIBILITIES
A. Upon review, the City Manager may revise the provisions of this Policy at any time, within the parameters of the applicable State laws and City regulations.

B. The City Manager or their designee shall determine the types of documents for which the City will accept Electronic Signatures and will periodically review the appropriateness and continued applicability of Electronic Signatures for all relevant documents. The Administrative Services Department, with approval of the City Manager, will update this Policy accordingly.

C. The Administrative Services Department, in consultation with the City Attorney and with the City Manager’s approval, shall have the authority to develop and revise other administrative policies and procedures of the City to the extent necessary to implement the terms of this Policy.

D. The City Manager or their designee, at the Information Technology Manager’s recommendation, shall have the authority to determine acceptable technologies and vendors consistent with current State legal requirements and industry best practices to ensure security and integrity of data and the Electronic Signature. Such methods shall be consistent with the encryption standards established by, and selected from the “Approved List” of Digital Signature providers Authorized by the State of California and state law1.

E. The Administrative Services Department oversees the implementation, training, and use of the approved Electronic Signature software, and shall designate employees in City Departments who are authorized to originate a document routed for Electronic Signatures. The Administrative Services Department shall create an online account for the Acceptable Technology for such designated employees.

1 The requirement that the Secretary of State maintain such an Approved List is temporarily suspended, and the City does not need to comply with this requirement during the suspension. When the Secretary of State re-publishes the Approved List, the City shall ensure the City’s software system is certified by the Secretary of State to provide Digital Signatures.
7 September 18, 2023 Item 09
City of Del Mar
Administrative Policies and Procedures
137 Electronic Signature Use
DATE ADOPTED: 9/18/2023
DATE REVISED:

PAGES: 3 OF 4
F. In the event it is determined an approved Electronic Signature method is no longer trustworthy or secure, the City Manager shall revoke the approval of that Electronic Signature method. If there is continued significance for the Electronic Signatures which used the revoked method, the Administrative Services Department will take steps to see that any valid records signed with the revoked Electronic Signature method are signed again either with a Wet Signature or with an approved Electronic Signature method.

IV. POLICY
A. This Policy applies to all City employees and governs the uses of Electronic Signatures and Electronic Records used to conduct official City business.

B. To the fullest extent permitted by law, the City accepts Electronic Signatures as legally binding and equivalent to Wet Signatures to signify an agreement in accordance with California Government Code Section 16.5. Electronic Signatures are only valid and legally binding if both parties express the intent to sign and execute the document electronically.

C. The City's right or option to conduct a transaction on paper or in non-electronic form shall not affect the City's right, option or obligation to have documents provided or made available in paper format.

D. Where a legal requirement, beyond City policy, requires a written document, that requirement is met when an Electronic Record has associated with it an Electronic Signature using an approved Electronic Signature method which complies with applicable State law.

E. Since the integrity of Electronic Signatures relies on the security of user credentials, including username and password, access to a user email account, a password, and/or a certificate-based signature, users of the City’s Electronic Signature systems shall not share their authentication credentials for any purpose.

F. If the parties have agreed to conduct a transaction by Electronic means, the parties are required to utilize the City’s Electronic Signature system for approved, electronically signed documents. All applicable security processes for authentication must be followed.

G. Approved documents for Electronic Signature use include the following:

1. Agreements for consulting and professional services, contracts for capital improvement projects, and other documents or agreements related to contract services provided to the City by an outside party.

2. Internal personnel action forms and other personnel documents.

3. Public facilities agreements.

H. Prohibited uses of Electronic Signatures include the following:
8 September 18, 2023 Item 09
City of Del Mar
Administrative Policies and Procedures
137 Electronic Signature Use
DATE ADOPTED: 9/18/2023
DATE REVISED:

PAGES: 4 OF 4

1. Documents or transactions that require a signature to be notarized or acknowledged.

2. Documents or transactions that require a Wet Signature, including but not limited to, transfers of interest in real property and other recorded documents.

3. Documents or transactions that are not specified in Section IV.G of this Policy.

4. Documents or transactions that are not signed using Acceptable Technologies and/or vendors.

5. No City official or employee may use another person’s Digital Signature or Electronic Signature approval.

V. APPROVED TECHNOLOGIES AND VENDORS
Qualifying Acceptable Technologies and vendors will be approved by the City Manager or their designee.

VI. RECORDS RETENTION
Documents and transactions signed by an Electronic Signature are subject to City’s records retention policy. It is the responsibility of the respective Office of Record to retain and store documents with Electronic Signatures in the appropriate manner and format in accordance with Citywide records retention requirements and any applicable laws.

VII. VIOLATIONS
Any individual or party that makes inappropriate or illegal use of Electronic Signatures and/or Electronic Records is subject to sanctions including but not limited to disciplinary actions, termination, and criminal prosecution as specified in published City policies and State laws, whether or not they are referenced in this Policy.
9 September 18, 2023 Item 09
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
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: September 18, 2023
SUBJECT: Riverpath Del Mar Extension Project Phase 3 Design Review and Authorization to Apply for State and County Grants
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council:
1) Review the design for the Riverpath Del Mar Extension Project Phase 3 (Attachment A) and direct staff to return to the Council for final design and necessary permit approvals;
2) Adopt a Resolution (Attachment B) approving the submittal of an application for grant funds from the State of California Wildlife Conservation to supplement the cost of construction;
3) Adopt a Resolution (Attachment C) approving the submittal of an application for grant funds from the State Coastal Conservancy to supplement the cost of construction;
4) Adopt a Resolution (Attachment D) approving the submittal of applications for the San Diego County Board of Supervisors Neighborhood Reinvestment Program Grant and Community Enhancement Grant programs to supplement the cost of construction; and
5) Authorize the City Manager to execute the necessary documents.

BACKGROUND:

The Riverpath Del Mar Extension Project Phase 3 (Project) will construct 2,075 linear feet (LF) of pedestrian path along the San Dieguito Lagoon adjacent to San Dieguito Drive.

This project will complete critical trail segments of the Coast to Crest Trail and the City of Del Mar’s seven-mile Coastal Loop Trail, creating non-motorized access between the 1 September 18, 2023 Item 10
City Council Agenda Report
Riverpath Phase 3 Design and Grant Applications
September 18, 2023

Grand Avenue Overlook and the Crest Canyon Reserve Trail. The project will enhance access to outdoor recreation opportunities, bird watching, photography, and expand opportunities to raise awareness about the environment.

DISCUSSION/ANALYSIS:

Engineering Design
In January 2023, the City Council approved task orders for Michael Baker International (MBI) for engineering design and NOVA Services to complete geotechnical investigations, and the design prepared under these task orders is complete. The new pedestrian path varies between a decomposed granite (DG) path and planked boardwalk as shown on the final engineered drawings included as Attachment A.

The final design includes 700 LF of at-grade DG path. The DG portion of the path varies between 4-feet and 5-feet wide (depending on site constraints), is 3-inches deep, and includes recycled plastic lumber trail edging. It will include a cable post fence along the lagoon side of the path.

The project also includes 1,375 LF of at-grade or elevated boardwalk. The boardwalk will be constructed utilizing pier foundations and a 7-foot wide deck support, with 6-foot wide composite decking and cable post fence installed on the supports.

At the eastern terminus of the project, pedestrians will be directed to a safe crossing area behind the relocated stop sign at the intersection of Racetrack View Road and San Dieguito Drive. New delineators, solar-powered flashing stop signs, and thermoplastic striping will be installed to safely convey pedestrians at the end of the boardwalk.

No benches are proposed in the design. An area for new trash and recycling receptacles will be added at the eastern terminus to be serviced by City staff.

The project includes environmental mitigation to offset project impacts to sensitive habitat along the trail. This will occur as shown on the final drawings on the two mitigation parcels owned by the San Dieguito River Valley Conservancy. The specific grading and planting plans, including species type and watering requirements, are included as Sheets 20-29 of Attachment A.

The final design assumes that the utility poles in the project area will be removed prior to construction. There are two utility poles included as part of Utility Undergrounding District X1A, Phase 1, that conflict with the current alignment of the proposed trail. If the Project is constructed first, the project scope would have to be adjusted in these two locations to avoid the existing poles, either by narrowing the trail or shifting the alignment slightly. The drawings show the preferred alignment and trail width.

Permitting and City Approvals
The proposed project was discussed with the City’s Lagoon Committee on April 20, 2022, and the Committee unanimously recommended adoption of the Mitigated Negative Declaration (MND).
2 September 18, 2023 Item 10
City Council Agenda Report
Riverpath Phase 3 Design and Grant Applications
September 18, 2023

The Project was then reviewed by the Planning Commission on May 10, 2022. The Planning Commission unanimously recommended approval of the Conditional Use Permit (CUP) and adoption of the MND. The City Council approved the Project’s MND and CUP22-002 on June 6, 2022.

In June 2022, staff submitted permit applications to the California Coastal Commission (CCC), California Department of Fish and Wildlife (CDFW), US Army Corps of Engineers (USACE), and the Regional Water Quality Control Board (Water Board). USACE and the Water Board replied that no permits are needed through either agency and no further action needs to be taken. CDFW has reviewed the application and prepared a draft Streambed Alteration Agreement. Terms of the Streambed Alteration Agreement are acceptable to the City and are being finalized. The CCC conditionally approved the City’s CDP application at its December 2022 meeting and issued a Notice of Intent to Issue Permit. CCC provided special conditions to be met prior to the issuance of a permit for construction. Staff has provided all documents requested by CCC prior to issuance of the CDP, and the CCC are in process of reviewing them. All environmental and permitting requirements have been incorporated into the Project’s design.

The Lagoon Committee reviewed the project again on April 19, 2023, and recommended approval of the design.

The Design Review Board then reviewed the design and unanimously recommended approval of Design Review Permit DRB23-008 and Land Conservation Permit LC23-003 on the consent calendar on May 24, 2023. Depending on the City Council’s direction on the final design as part of this agenda item, approval of the final project design and these permits will be brought back to the City Council for consideration as part of a required public hearing on October 2, 2023.

The City is currently finalizing acquisition of private property that the project traverses. In addition, the City has requested a Right-of-Entry Permit from CDFW to construct the portion of the boardwalk that will be on State-owned property. Upon project completion, the City will acquire a permanent easement from CDFW for any portions that are constructed on State-owned land.

Estimated Project Costs
In April 2023, the 90% design for the Project was completed, which included an Engineer’s Estimate totaling $2.7 million (M). This included $2.4M in construction cost plus an additional $300,000 estimated for soft costs and construction contingency. The line items and assumptions for the 90% Engineer’s Estimate are included in Attachment E.

It should be noted that the 90% Engineer’s Estimate is substantially more than the original preliminary cost estimate for the Project. However, the original preliminary cost estimate was provided by staff over five (5) years ago for budget planning purposes prior to the project being designed. The early preliminary cost estimate was based solely on assumptions about what the project design would include and current market pricing at 3 September 18, 2023 Item 10
City Council Agenda Report
Riverpath Phase 3 Design and Grant Applications
September 18, 2023

that time. Since that time, there has been significant increases to market costs, and the project has been fully designed allowing for project costs to be projected more accurately.

After the completion of required field surveys, geotechnical investigations, adjustment to the design due to permitting requirements, discussions with City staff, and conversations with manufacturers, MBI updated the 90% Engineer’s Estimate to include all known project components. The project design is now complete and a final (100%) Engineer’s Estimate was prepared by MBI. A comparison of the detailed 90% and 100% Engineer’s Estimate is included as part of Attachment E.

From 90% to 100% design of the project, the overall project cost estimate increased from $2.7M to $2.85M (5.5%). Although several line items were adjusted due to changes in the design or increased unit costs from the manufacturers, the contingency was reduced to 10% and the overall cost estimate stayed close to the 90% Engineer’s Estimate.

One item that was added approximately $155,000 to the project cost estimate between the 90% and 100% design, is an increase to the amount of cable post fence along the lagoon side of the trail. In the 90% design, fencing was only included where the elevated boardwalk had over a 2-foot vertical drop. However, as part of the outreach for this project, members of the City Advisory Committees suggested that having the fence along the entire alignment on the lagoon side of the trail is desired to discourage illicit entrance into the lagoon and its sensitive habitat. Therefore, the additional fencing was added to the final (100%) design for Council consideration. The City Council can decide to remove this element of the project to reduce the cost by approximately $155,000 or include the proposed fencing as an alternate bid item and make the final determination of whether or not to construct it based on actual bid results.

It is important to note that the current project cost estimates are based on similar 2023 public construction bids and do not include any cost escalation for a future construction date. The California Construction Cost Index (CCI) increased by 13.4% in 2021 and 9.3% in 2022, far above the historical average of less than 3% annually since 2000. These project costs could increase further depending on the Project’s bid date and should be adjusted based on CCI increases at the time of bidding.

The actual cost of the project will be based on the lowest responsive bid received by the City as part of the competitive public bidding process the City is required to undertake per State law, which will require acceptance and award of a contract by the City Council in a public meeting prior to the start of construction.

Project Funding
To date, $1.4M in Project funding has been secured for construction. This includes $725,000 in San Dieguito River Valley Conservancy funds pledged and $680,000 in the Fiscal Year (FY) 2022 Federal Community Program Funding Grant (Del Mar Shoreline Access Improvement Project) that was sponsored by Representative Mike Levin and awarded to the City.
4 September 18, 2023 Item 10
City Council Agenda Report
Riverpath Phase 3 Design and Grant Applications
September 18, 2023

This leaves approximately $1.3 - $1.45M in funding needed to complete construction. At the City Council budget workshop in May, the City Council directed staff to temporarily delay the start of construction so that the City could seek out other possible sources of funding to help cover the $1.3 - $1.45M shortfall. Staff has applied for grants to offset costs for planning, design, Mitigation Negative Declaration (MND) preparation, permitting, and construction. Table 1 summarizes the grants previously applied for and status for each.

Table 1: Summary of Historic Grant Applications
Name of Grant Lead Agency Date of
Application
Amount
Requested
Status of Request
Neighborhood
Reinvestment
Program
San Diego
County Board
of Supervisors
January
2021
$250,000 Not Awarded
Clean California
Local Grant
Program
Caltrans January
2022
$797,130 Not Awarded
Community
Enhancement
Program
San Diego
County Board
of Supervisors
January
2022
$51,200 Partially Approved -
$10,000 received in April
2022 and used for
Environmental/ Permitting
Neighborhood
Reinvestment
Program
San Diego
County Board
of Supervisors
January
2022
$60,900 Partially Approved -
$25,000 received in April
2022 and used for
Environmental/ Permitting
Recreational
Trails Program
State of
California –
Department of
Parks and
Recreation
April 2022 $1,162,797 Not Awarded
State budget
funding request
through Senator
Blakespear
State of
California
April 2023 $1,300,000 Not Awarded
Staff continues to seek grant funding for construction of the Project from local, state, and federal programs. Once the final design is approved, this will certify the project as “shovelready” and make the City’s proposed grant applications more competitive. Table 2 summarizes grant applications that are in process and have the potential to provide funding for the construction of the Project.

Table 2: Summary of Pending Grant Applications
Name of
Grant
Lead Agency Date of
Application
Amount
Requested
Status of Request
Recreational
Trails
Program
State of California –
Department of
Parks and
Recreation
June 2023 $1,300,000 Pending – projects will
be selected in late 2023
5 September 18, 2023 Item 10
City Council Agenda Report
Riverpath Phase 3 Design and Grant Applications
September 18, 2023

If selected, projects will
need to meet federal
requirements
Anticipated funding date:

Summer 2025
Wildlife
Conservation
Board Grant
State of California –
Wildlife
Conservation
Board
August
2023
$1,300,000 Pre-application submitted
on 8/14/23
Invited to submit
application on 9/6/23
Application in process
Funding to be spent in 2-
5 years
Coastal
Conservancy
Grants
State of California –
Coastal
Conservancy
August
2023
$1,300,000 Pre-application submitted
August 2023, in 60-day
review
If invited to submit full
application, state will
review for 60 days
Funding to be spent in 2-
5 years
Community
Enhancement
Program
San Diego County
Board of
Supervisors
N/A $100,000 Will submit application in
June 2024
Neighborhood
Reinvestment
Program
San Diego County
Board of
Supervisors
N/A $100,000 Will submit application in
June 2024
The City is waiting for a decision from the California Parks and Recreation Department for the Recreational Trail Program grant application that was submitted in June 2023.

Staff recently received a request to participate in a site visit with California Parks and Recreation related to this application.

In August 2023, staff submitted pre-applications for separate grants from the Coastal Conservancy and Wildlife Conservation Board. The Wildlife Conservation Board recently invited the City to submit a full application for the grant, and staff is preparing the formal application and supporting documents. Attachment B includes a Resolution required for the application to the Wildlife Conservation Board. In anticipation of potentially being invited to apply for the Coastal Conservancy Grant, Attachment C includes a Resolution required for that grant application.

The San Diego County Board of Supervisors annually awards grant funding to County departments, public agencies, and nonprofit organizations through its Neighborhood Reinvestment Program (NRP) and Community Enhancement (CE) Program. Grant awards for both programs are made throughout the fiscal year and applications are 6 September 18, 2023 Item 10
City Council Agenda Report
Riverpath Phase 3 Design and Grant Applications
September 18, 2023

accepted on a rolling basis. Staff is planning to submit applications for both grants in June/July 2024 to supplement the cost of construction. This application submittal target was selected since new funding will be available at the start of the County’s next fiscal year on July 1st and will maximize the opportunity to receive funding for construction. In addition, the County requires that the grant money be spent within 12 months of receiving the funds; therefore, applying in June/July 2024 aligns well with the anticipated construction timeframe. Staff intends to apply for the two San Diego County Board of Supervisors’ grants for the maximum amount of $100,000. Attachment D includes a Resolution required for the applications to the County.

Staff will continue to work with the City’s lobbyist firm, Townsend Public Affairs, to identify any other possible sources of funding, including as part of the next State budget process, to help fund the project.

Recommendations and Next Steps
Staff recommends that City Council review the project design and direct staff to return to the Council for final design and permit approvals on October 2, 2023, as the next step to becoming “shovel-ready” as staff continues to pursue grants to fully fund construction.

Staff will concurrently track the progress of the Project, the San Dieguito Drive Development Project, and the Utility Undergrounding District X1A Project. Since they are near each other, there may be opportunities to reduce construction schedules, public impacts, conflicts, and overall costs by combining construction activities together (mobilization, traffic control, environmental monitoring, trenching, resurfacing, construction management, etc.).

If this project is bid as a standalone project, construction is anticipated to take approximately four (4) months to complete. Grading and most other construction activities should be completed outside the bird and raptor nesting period that occurs annually from February 1 - August 31 and should avoid the presence of sensitive birds between February 15 - September 15. Ideally, the project would be bid with enough time for a contractor to mobilize to start field activities on September 15, or shortly thereafter, of any given year.

FISCAL IMPACT:

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

PRIOR CITY COUNCIL REVIEW:

On July 10, 2023, the City Council approved Resolution 2023-28 authorizing the filing of a grant application for the State of California Recreational Trails Program for construction costs.

On January 23, 2023, the City Council approved Task Orders for Michael Baker International for engineering design, Barnett Quality Control Services dba NOVA Services to perform geotechnical field investigation, and an Amendment to a Task Order with Helix Environmental to support environmental permit applications. 7 September 18, 2023 Item 10
City Council Agenda Report
Riverpath Phase 3 Design and Grant Applications
September 18, 2023

On July 25, 2022, the City Council approved an amendment for HELIX Environmental to provide permitting support and additional environmental tasks.

On June 6, 2022, the City Council approved a Conditional Use Permit and Adopted a Mitigated Negative Declaration (MND) for the project.

On January 10, 2022, the City Council approved Resolution 2022-02 authorizing the filing of an application for the Neighborhood Reinvestment Program and Community Enhancement funding for the Riverpath Phase 3 design, environmental documentation and permitting.

On November 15, 2021, the City Council approved an amendment to the existing Task Order with HELIX Environmental to revise environmental documents to include on-site mitigation at the newly acquired San Dieguito River Valley Conservancy (SDRVC) parcels.

On June 21, 2021, the City Council approved the Fiscal Years 2021-2022 and 2022-2023 Operating and Capital Budget appropriating $150,000 for this Project in Fiscal Years 2021-2022 and 2022-2023.

On November 9, 2020, the City Council authorized the acceptance of $40,000 in funding from various donors for this Project.

On August 3, 2020, the City Council authorized the acceptance of $50,000 from the Del Mar Foundation for this Project.

On September 9, 2019, the City Council authorized the acceptance of $30,000 from the Malk Nature Fund with the San Dieguito River Valley Conservancy, $15,000 received by the City in Fiscal Year 2019-2020.

On July 15, 2019, the City Council approved Resolution 2019-37 authorizing the filing of an application for the Neighborhood Reinvestment Program funding for Riverpath Del Mar Extension Project Phase 3.

ENVIRONMENTAL IMPACT:

The proposed project is subject to review under the California Environmental Quality Act (CEQA). Based on an Initial Study and Determination, a Mitigated Negative Declaration (EA19-001) was prepared and certified by the Del Mar City Council on June 6, 2022.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This item relates to funding for the Del Mar Riverpath Extension Phase 3 which is a Tier 1 Priority Project for Fiscal Years 2023-24 and 2024-25.

ATTACHMENTS:

Attachment A – Riverpath Phase 3 Final Design Drawings
Attachment B – Resolution Authorizing the Submittal of Wildlife Conservation Board Grant Application
8 September 18, 2023 Item 10
City Council Agenda Report
Riverpath Phase 3 Design and Grant Applications
September 18, 2023

Attachment C – Resolution Authorizing the Submittal of Coastal Conservancy Grant Application
Attachment D – Resolution Authorizing the Submittal of County Board of Supervisors Grant Applications
Attachment E – Engineer’s Estimate of Probable Cost
9 September 18, 2023 Item 10
Dirt
10 5
20 35
40 35
30 25
20 15
10 15
20 25
30 35
15 10
45 40
35 30
25 20
15 10
40 35
30 25
20 15
10 5
5 5
5 15
20 25
30 35
40 45
50 55
60 65
70 60
55 50
45 40
35 30
25 20
40 35
30 25
5 5
10 10
10 15
35 40
40 30
25 20
15 35
5 60
30 10
10 Stairs
PP
MW
PP
PP
PP
PP
PP
PP
PP
PP
TOHL
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM

PLANS FOR THE CONSTRUCTION OF
SEPTEMBER 2023
RIVER PATH PHASE 3 PROJECT

CITY OF DEL MAR - STATE OF CALIFORNIA

PROJECT
SITE

VICINITY MAP
NTS
NTS
N
SR 56

CARMELVALLEYRD

VIA DE LA
VALLE
56 PACIFIC
OCEAN
LOMAS

SANTA FE DR

LA COSTA
AVE

LEUCADIA
BLVD

ENCINITAS
BLVD
5 EL CAMINO

DEL NORTE
BLACK
MTN RD
15 DEL DIOS HWY

ARTESIAN RD

CAMINO DEL NORTE

EL CAMINO REAL
S6
DEL
MAR

GENERAL NOTES

WORK TO BE DONE

CONTRACT SPECIFICATIONS

BENCHMARK

ABBREVIATIONS

BASIS OF COORDINATES & BEARINGS

KEY MAP
LEGEND

SHEET INDEX

ENGINEER'S NOTICE TO CONTRACTORS

SPECIAL NOTES

SOURCE OF TOPOGRAPHY DECLARATION OF RESPONSIBLE CHARGE
G-1

ATTACHMENT A
10 September 18, 2023 Item 10
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM

ENVIRONMENTAL AVOIDANCE AND MINIMIZATION MEASURES
G-2

PRIOR TO CONSTRUCTION

ENVIRONMENTAL TRAINING

TEMPORARY CONSTRUCTION FENCING

AVOIDANCE OF SENSITIVE BIRDS
·
·
· “ ” ·
·
·
·
·
·
⁄

NESTING BIRD AND RAPTOR AVOIDANCE

AGENCY NOTIFICATION AND PERMIT COMPLIANCE

DURING CONSTRUCTION

WORK PERIOD

BIOLOGICAL MONITORING

CULTURAL RESOURCES MONITORING

DUSTURBANCE FOOTPRINT

EROSION CONTROL RESTRICTION

INVASIVE SPECIES REMOVAL

POST CONSTRUCTION

CONSTRUCTION MATERIAL

AGENCY REPORTING
11 September 18, 2023 Item 10
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
G-3
BOARDWALK PATH DETAIL 1
DG PATH DETAIL 2
CABLE POST FENCE DETAIL 3
FLOOD MARKER DETAIL 4
DG PATH ABOVE RIPRAP DETAIL 6
STOP

SOLAR POWERED LED SIGN
5 12 September 18, 2023 Item 10
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
C-1
10+00 11+00 12+00 13+00 14+00 15+00
RIVER PATH - PHASE 3
MATCHLINE - STA. 15+00 SEE SHEET 5 MATCHLINE - STA. 15+00 SEE SHEET 5 20 100

CONSTRUCTION NOTES
NOTES Dirt 10 5 2025 35
40 35
302520 15
30 Stairs PP PP
13 September 18, 2023 Item 10
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
C-2
15+00 16+00 17+00 18+00 19+00 20+00
RIVER PATH - PHASE 3
MATCHLINE - STA. 15+00 SEE SHEET 4 MATCHLINE - STA. 15+00 SEE SHEET 4 20 100 MATCHLINE - STA. 20+00 SEE SHEET 6 MATCHLINE - STA. 20+00 SEE SHEET 6

CONSTRUCTION NOTES
NOTES 1015 20
2530 35
1510 454035302520 1510
30 PP
14 September 18, 2023 Item 10
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
C-3
20+00 21+00 22+00 23+00 24+00 25+00
RIVER PATH - PHASE 3 MATCHLINE - STA. 20+00 SEE SHEET 5 MATCHLINE - STA. 20+00 SEE SHEET 5 20 100 MATCHLINE - STA. 25+50 SEE SHEET 7 MATCHLINE - STA. 25+50 SEE SHEET 7

CONSTRUCTION NOTES
NOTES 3025 20
15 10 5 5 5 5
15 20 25303540455055 PP PP PP
15 September 18, 2023 Item 10
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
C-4
26+00 27+00 28+00 29+00 30+00
RIVER PATH - PHASE 3 MATCHLINE - STA. 25+50 SEE SHEET 6 MATCHLINE - STA. 25+50 SEE SHEET 6 30 20
10 DETAIL "A"

SAN DIEGUITO DRIVE
NOTES

CONSTRUCTION NOTES
STAIRS
ROCKS 60 5550 45 40 353025
20 45
40 35 30 25 5 5 10 15
3540 45 50 4035 5 10 10 02-02
Deck
Deck Deck PP PP
16 September 18, 2023 Item 10
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
C-5

CONSTRUCTION NOTES
PP
M
W

TOHL TOHL TOHL TOHL TOHL TOHL TOHL TOHL TOHL TOHL TOHL TOHL PP
MW

TOHL TOHL TOHL
17 September 18, 2023 Item 10
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
C-6
18 September 18, 2023 Item 10
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
C-7
19 September 18, 2023 Item 10
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
C-8
20 September 18, 2023 Item 10
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
C-9
21 September 18, 2023 Item 10
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
C-10
22 September 18, 2023 Item 10
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
C-11
23 September 18, 2023 Item 10
SCALE: 1"=10' V
1"=10' H
10 20
30 40
50 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
10 20
30 40
50 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
10 20
30 40
50 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
20 30
40 50
60 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
10 20
30 40
50 -20 -10 0 10 20 30 40 50 60
SCALE: 1"=10' V
1"=10' H
10 20
30 40
50 -20 -10 0 10 20 30 40 50 60
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
C-12
24 September 18, 2023 Item 10
Dirt 10 5 20
40 35
302520 15
30 Stairs PP PP 1015 20
2530 10 35302520 1510 PP PP MW TOHL TOHL TOHL TOHL TOHL City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
C-13MATCHLINE - STA. 15+00 SEE BELOW LEFT MATCHLINE - STA. 15+00 SEE ABOVE RIGHT MATCHLINE - STA. 20+00 SEE SHEET 17

RESTORATION SITE
25 September 18, 2023 Item 10
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
C-14 MATCHLINE - STA. 20+00 SEE SHEET 16 MATCHLINE - STA. 25+00 SEE BELOW LEFT MATCHLINE - STA. 25+00 SEE ABOVE RIGHT 60 5550 45 40 353025 20 30 25 5 5 10 10 10 15 5 60
10 10 PP PP 353025 20 1510 5 5 5 5 15 20
25 303540455055606570 60 PP PP PP
26 September 18, 2023 Item 10
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
TC-1
TRAFFIC CONTROL NOTES:

SHEET INDEX

SIGN LEGEND

PROJECT
SITE
NTS
N
SR 56

CARMELVALLEYRD

VIA DE LA
VALLE
56 PACIFIC
OCEAN
LOMAS

SANTA FE DR

LA COSTA
AVE

LEUCADIA
BLVD

ENCINITAS
BLVD
5 EL CAMINO

DEL NORTE
BLACK
MTN RD
15 DEL DIOS HWY

ARTESIAN RD

CAMINO DEL NORTE

EL CAMINO REAL
S6
DEL
MAR
RIGHT
KEEP

TRAFFIC CONTROL PLANS FOR THE CONSTRUCTION OF
RIVER PATH PHASE 3 PROJECT

CITY OF DEL MAR - STATE OF CALIFORNIA
27 September 18, 2023 Item 10
PP PP PP PP PP PP PP PP HV-12 7.99 PP MW PP TOHL TOHL TOHL PP MW PP TOHL TOHL TOHL City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008 www.delmar.ca.us Phone: (760) 476-9193 · MBAKERINTL.COM
TC-2 MATCHLINE STA 11+00 - SEE BELOW LEFT
MATCHLINE STA 11+00 - SEE ABOVE RIGHT MATCHLINE - SEE BELOW LEFT MATCHLINE - SEE ABOVE RIGHT

LEGEND CONSTRUCTION NOTES
NOTES
28 September 18, 2023 Item 10
HV-6 152.94
HV-12 7.99
HV-3 8.70
HV-13 11.12 02-02 02-03 02-04 02-05 02-06

PP MW PP
PP
PP
PP PP
PP
PP
PP 1 City of Del Mar 1050 Camino del Mar, Del Mar, CA 92014 T 858.755-9313 F 858.755-2794 www.delmar.ca.us S e a n O ' M a l l e y # 3 2 8 6 12-31-2023 570 Glenneyre Street Laguna Beach, California 92651-2453 United States www.swagroup.com +1.949.497.5471 o Irrigation Consultant GLASIR DESIGN Phone: 714.514.9930 Email: [email protected] Contact: Chris Curry 0 50 100 1" = 100' P:\HLX\HLXT301 Del Mar River Path CD's\4 DrawingsGraphics\AutoCAD\Sheets\L0.00 COVER SHEET KEY MAP INDEX.dwg | CANDERSON |PREVIOUS PAPER SIZE (24.00 X 36.00 INCHES) | 6/6/2023 COVER SHEET KEY MAP INDEX CITY OF DEL MAR - STATE OF CALIFORNIA PLANS FOR THE CONSTRUCTION OF SAN DIEGUITO DRIVE IMPROVEMENT PROJECT LAGOON PATH - PHASE 3 SAN DIEGUITO DRIVE RACETRACK VIEW DRIVE SHEET 4 SHEET 9 FAIRGROUNDS 25TH21ST 20TH DEL MAR 5 18TH JIMMY DURANTE BLVD RAIL ROAD

CAMINO DEL MAR

CAMINO DEL MAR

JIMMY DURANTE BLVD

VIA DE LA VALLE

SAN DIEGUITO DR

COAST BLVD
INTERSTATE 5 PROJECT SITE KEY MAP VICINITY MAP SHEET 5 SHEET 6 SHEET 7 Sheet List Table Sheet No. Drawing No. Sheet Title 1 L0.00 COVER SHEET KEY MAP INDEX 2 L0.01 NOTES AND ABBREVIATIONS 3 L0.02 PLANTING LEGEND 4 L1.01 PLANTING PLAN 5 L1.02 PLANTING PLAN 6 L1.03 PLANTING PLAN 7 L1.04 PLANTING PLAN 8 L2.00 IRRIGATION LEGEND AND DETAILS 9 L2.01 IRRIGATION PLAN 10 L3.01 PLANTING DETAILS L0.00
LANDSCAPE AND IRRIGATION PLANS RIVER PATH - PHASE 3 IMPROVEMENT PROJECT 29 September 18, 2023 Item 10
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014 T 858.755-9313 F 858.755-2794 www.delmar.ca.us S e a n O ' M a l l e y # 3 2 8 6 12-31-2023 570 Glenneyre Street Laguna Beach, California 92651-2453 United States www.swagroup.com +1.949.497.5471 o Irrigation Consultant GLASIR DESIGN Phone: 714.514.9930 Email: [email protected] Contact: Chris Curry P:\HLX\HLXT301 Del Mar River Path CD's\4 DrawingsGraphics\AutoCAD\Sheets\NOTES AND ABBREVIATIONS.dwg | CANDERSON |PREVIOUS PAPER SIZE (24.00 X 36.00 INCHES) | 6/6/2023 GENERAL NOTES: LAYOUT NOTES: GENERAL PLANTING NOTES: ABBREVIATIONS 2 NOTES AND ABBREVIATIONS MITIGATION AREA PLANTING NOTES:

L0.01
30 September 18, 2023 Item 10
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014 T 858.755-9313 F 858.755-2794 www.delmar.ca.us S e a n O ' M a l l e y # 3 2 8 6 12-31-2023 570 Glenneyre Street Laguna Beach, California 92651-2453 United States www.swagroup.com +1.949.497.5471 o Irrigation Consultant GLASIR DESIGN Phone: 714.514.9930 Email: [email protected] Contact: Chris Curry P:\HLX\HLXT301 Del Mar River Path CD's\4 DrawingsGraphics\AutoCAD\Sheets\L0.02 PLANTING AND FENCE LEGEND.dwg | CANDERSON |PREVIOUS PAPER SIZE (24.00 X 36.00 INCHES) | 6/6/2023 3 PLANTING AND FENCE LEGEND COASTAL BRACKISH MARSH - HYDROSEED MIXTURE SYMBOL BOTANICAL NAME COMMON NAME WUCOLS LBS/AC % PURITY/ GERMINATION REMARKS/COMMENTS DETAIL(S) SPECS. DIEGAN COASTAL SAGE SCRUB - HYDROSEED MIXTURE SYMBOL BOTANICAL NAME COMMON NAME WUCOLS LBS/AC % PURITY/ GERMINATION REMARKS/COMMENTS DETAIL(S) SPECS. NATIVE SEEDING AREA - HAND SEED MIXTURE SYMBOL BOTANICAL NAME COMMON NAME WUCOLS LBS/AC % PURITY/ GERMINATION REMARKS/COMMENTS DETAIL(S) SPECS. COASTAL BRACKISH MARSH CONTAINER STOCK SYMBOL BOTANICAL NAME COMMON NAME WUCOLS SIZE MIN. SIZE SPACING1 GROUPING SIZE REQUIRED QUANTITIES NUMBER /ACRE REMARKS/COMMENTS DETAIL(S) SPECS. ABCD DIEGAN COASTAL SAGE SCRUB CONTAINER STOCK SYMBOL BOTANICAL NAME COMMON NAME WUCOLS SIZE MIN. SIZE SPACING1 GROUPING SIZE REQUIRED QUANTITIES NUMBER /ACRE REMARKS/COMMENTS DETAIL(S) SPECS. EFGHIJKLMNOPQRSTUVWXYZ FENCE SCHEDULE SYMBOL ITEM MATERIAL COLOR FINISH DETAILS REMARKS L0.02
31 September 18, 2023 Item 10

MW TOHL TOHL TOHL TOHL TOHL TOHL TOHL TOHL TOHL TOHL TOHL TOHL A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
D
D
D
D
D
V
V
V
V
V
V
A
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
F
F
F
F
F
F
G
G
G
G
G
G
H
H
H
H
H
H
H
H
H
I
I
I
I
I
I
J
J
J
J
J
J
K
K
K
K
K
K
K
K
K
K
K
K
K
K
K
K
K
K
K
L
L
L
L
L
L
L
L
L
L
L
L
L
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
R
R
R
R
R
R
S
S
S
S
S
S
S
S
S
S
S
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
U
U
U
U
U
U
W
W
W
W
W
W
W
W
W
W
W
W
W
W
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Z
Z
Z
Z
Z
Z
Z
Z
Z
E
E
X
T
L
L
L
P
P
P
N
N
N
N
L
L
L
MATCHLINE - SEE SHEET 5

LIMIT OF WORK

LIMIT OF WORK

SAN DIEGUITO DRIVE
4 City of Del Mar 1050 Camino del Mar, Del Mar, CA 92014 T 858.755-9313 F 858.755-2794 www.delmar.ca.us S e a n O ' M a l l e y # 3 2 8 6 12-31-2023 570 Glenneyre Street Laguna Beach, California 92651-2453 United States www.swagroup.com +1.949.497.5471 o Irrigation Consultant GLASIR DESIGN Phone: 714.514.9930 Email: [email protected] Contact: Chris Curry P:\HLX\HLXT301 Del Mar River Path CD's\4 DrawingsGraphics\AutoCAD\Sheets\PLANTING PLAN.dwg | CANDERSON |PREVIOUS PAPER SIZE (24.00 X 36.00 INCHES) | 6/6/2023 PLANTING PLAN 0 5 10 1" = 10' COASTAL BRACKISH MARSH CONTAINER STOCK SYMBOL BOTANICAL NAME COMMON NAME A

BCD DIEGAN COASTAL SAGE SCRUB CONTAINER STOCK SYMBOL BOTANICAL NAME COMMON NAME E
FG
H
IJK
LM
NO
PQ
R
S
TU
VW
X
Y

Z SEED MIXTURE LEGEND SYMBOL PLANT PALETTE FENCE SCHEDULE SYMBOL ITEM L1.01
32 September 18, 2023 Item 10

LIMIT OF WORK
MATCHLINE - SEE SHEET 4
MATCHLINE - SEE SHEET 6

SAN DIEGUITO DRIVE
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014 T 858.755-9313 F 858.755-2794 www.delmar.ca.us S e a n O ' M a l l e y # 3 2 8 6 12-31-2023 570 Glenneyre Street Laguna Beach, California 92651-2453 United States www.swagroup.com +1.949.497.5471 o Irrigation Consultant GLASIR DESIGN Phone: 714.514.9930 Email: [email protected] Contact: Chris Curry P:\HLX\HLXT301 Del Mar River Path CD's\4 DrawingsGraphics\AutoCAD\Sheets\PLANTING PLAN.dwg | CANDERSON |PREVIOUS PAPER SIZE (24.00 X 36.00 INCHES) | 6/6/2023 PLANTING PLAN 5 0 5 10 1" = 10' SEED MIXTURE LEGEND SYMBOL PLANT PALETTE FENCE SCHEDULE SYMBOL ITEM L1.02
33 September 18, 2023 Item 10
MATCHLINE - SEE SHEET 8
MATCHLINE - SEE SHEET 6

LIMIT OF WORK

SAN DIEGUITO DRIVE
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014 T 858.755-9313 F 858.755-2794 www.delmar.ca.us S e a n O ' M a l l e y # 3 2 8 6 12-31-2023 570 Glenneyre Street Laguna Beach, California 92651-2453 United States www.swagroup.com +1.949.497.5471 o Irrigation Consultant GLASIR DESIGN Phone: 714.514.9930 Email: [email protected] Contact: Chris Curry P:\HLX\HLXT301 Del Mar River Path CD's\4 DrawingsGraphics\AutoCAD\Sheets\PLANTING PLAN.dwg | CANDERSON |PREVIOUS PAPER SIZE (24.00 X 36.00 INCHES) | 6/6/2023 PLANTING PLAN 6 0 5 10 1" = 10' SEED MIXTURE LEGEND SYMBOL PLANT PALETTE FENCE SCHEDULE SYMBOL ITEM L1.03
34 September 18, 2023 Item 10
MATCHLINE - SEE SHEET 7 LIMIT OF WORK LIMIT OF WORK LIMIT OF WORK

SAN DIEGUITO DRIVE
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014 T 858.755-9313 F 858.755-2794 www.delmar.ca.us S e a n O ' M a l l e y # 3 2 8 6 12-31-2023 570 Glenneyre Street Laguna Beach, California 92651-2453 United States www.swagroup.com +1.949.497.5471 o Irrigation Consultant GLASIR DESIGN Phone: 714.514.9930 Email: [email protected] Contact: Chris Curry P:\HLX\HLXT301 Del Mar River Path CD's\4 DrawingsGraphics\AutoCAD\Sheets\PLANTING PLAN.dwg | CANDERSON |PREVIOUS PAPER SIZE (24.00 X 36.00 INCHES) | 6/6/2023 PLANTING PLAN 7 0 5 10 1" = 10' SEED MIXTURE LEGEND SYMBOL PLANT PALETTE FENCE SCHEDULE SYMBOL ITEM L1.04
35 September 18, 2023 Item 10
Q H F GPM RADIUS DETAIL PLACE BELOW ALL PAVING, HARDSCAPE ETC. AND AS DIRECTED BY OWNER'S AUTHORIZED REPRESENTATIVE. AS APPROVED PVC PIPE AS SLEEVING, SCH.80 UNDER ROADS AND SCH.40 UNDER ALL OTHER PAVING, 2 TIMES THE DIAMETER OF PIPE OR WIRE BUNDLE CARRIED E HUNTER ICV-XX1G-AS (1") SERIES PRESSURE REGULATED, PLASTIC REMOTE CONTROL VALVE WITH DC LATCHING SOLENOID, INSTALLED IN STANDARD RECT. VALVE BOX. C AS APPROVED PVC PIPE 1.5" SCH.40 SOLVENT WELD MAINLINE WITH SCH.80 FITTINGS, INSTALL 18" BELOW GRADE MINIMUM. D PR (TRI.) HYDROZONE HYDROZONE DESCRIPTION 1 PROS-12-PRS30 12" POP-UP WITH A MP1000-90(Q/T/H)/360 ADJUSTABLE NOZZLE 18-27 FT 0.48 IN./HR. INDICATES GPM INDICATES SQUARE FOOT AREA INDICATES VALVE NO. CONTROL VALVE SYMBOL INDICATES VALVE SIZE LOW SHRUBS WITH ROTARY HEADS AS APPROVED PVC PIPE 3/4" - 1.25" SCH. 40 AS LATERAL LINES 12" BELOW GRADE D No. Size GPM PRECIP HZ A AS APPROVED UV RESISTANT PVC PIPE 3/4" - 1.25" SCH. 40, AS LATERAL LINES INSTALLED ON-GRADE, STAKED 8' O.C. AND DIRECTLY BEFORE AND AFTER EACH FITTING. AS APPROVED TRANSITION BETWEEN BELOW GRADE AND ON-GRADE PVC LATERAL LINES FN/A NO SYMBOL WHEN MP ROTATOR HEADS ARE SHOWN WITH ON-GRADE PIPE, USE PROS-00-PRS30 SHRUB RISER IN LIEU OF 12" PROS POP-UP MODEL NO. / DESCRIPTION IRRIGATION EQUIPMENT AND MATERIAL LEGEND SYMBOL MANUFACT. PSI HUNTER PROS-12-PRS30 12" POP-UP WITH A MP3000-90(Q/T/H)/360 ADJUSTABLE NOZZLE .76, 1.58, 3.15 30 0.48 IN./HR. .17, .34, .69 30 08-12 FT A HUNTER A HUNTER B KSC-XXX-S SWING CHECK VALVE, LINE SIZE, 1 DOWNSTREAM OF EACH RCV WHEN RCV IS LOWER THAN THE SPRINKLERS KC-XXX-S SPRING CHECK VALVE, LINE SIZE, 1 DOWNSTREAM OF EACH RCV IMMEDIATELY ABOVE FIRST LATERAL LINE TEE WHEN RCV K.B.I. K.B.I. NO SYMBOL NO SYMBOL IS HIGHER THAN THE SPRINKLERS, INSTALL WITHIN SPRINKER/DRIP ZONES AS REQUIRED TO PREVENT LOW HEAD/EMITTER DRAINAGE. N/A N/A INSTALL WITHIN SPRINKER/DRIP ZONES AS REQUIRED TO PREVENT LOW HEAD/EMITTER DRAINAGE. VALVE BOXES, SIZE PER EQUIPMENT LEGEND, WITH T-COVER LIDS AND CAPTIVE BOLT AND LOC-KIT. 10" ROUND FOR QUICK COUPLERS, BALL VALVES, AND FLUSH VALVES. 12" STANDARD RECT. FOR RCVS. JUMBO BOXES FOR DRIP RCV KITS. ALL VALVE BOXES SHALL BE INSTALL IN SHRUB AREAS AND BE BLACK IN COLOR. FOR USE IN NON-VEHICULAR TRAFFIC SITUATIONS ONLY. DO NOT INSTALL IN CONCRETE OR ASPHALT. NO SYMBOL NDS PRO SERIES N/A MS HUNTER SC-PROBE, SOIL MOISTURE SENSOR, TO BE WIRED TO HUNTER NODE CONTROLLER, INSTALL PER MANUFACTURER RECOMMENDATIONS N/A C HUNTER NODE-BT-400, 4-STATION BATTERY OPERATED CONTROLLER USING BLUE TOOTH VIA A SMART PHONE TO PROGRAM. N/A NO SYMBOL AS APPROVED IRRIGATION CONTROL WIRE #14UF AWG DIRECT BURIAL (U.L. APPROVED) N/A NO SYMBOL AS APPROVED DIRECT BURIAL WATER-PROOF WIRE CONNECTORS FOR USE ON ALL WIRE CONNECTIONS (U.L. APPROVED). N/A City of Del Mar 1050 Camino del Mar, Del Mar, CA 92014 T 858.755-9313 F 858.755-2794 www.delmar.ca.us S e a n O ' M a l l e y # 3 2 8 6 12-31-2023 Irrigation Consultant GLASIR DESIGN Phone: 714.514.9930 Email: [email protected] Contact: Chris Curry
C:\Users\Chris Curry\OneDrive - glasirdesign.com\GLASIR\03 PROJECTS\2023\23028 DEL MAR TRAIL\L2 IRRIGATON PLAN 230519.dwg | CHRIS CURRY |ARCH FULL BLEED D (24.00 X 36.00 INCHES) | 5/19/2023 IRRIGATION LEGEND & DETAILS 8 VANDAL-PROOF CLAMP USE IN 3 PLACES SPRINKLER HEAD ASSEMBLY TO BE INSTALLED PERPENDICULAR WITH THE SLOPE ALL PIPE INSTALLED ON GRADE TO BE SCH 40 ULTRA-VIOLET RESISTANT PVC. NOTE: 18" MIN. #4 x 18" REBAR J-HOOK, SPACE AT 8' ON CENTER, TYPICAL OR AS SITE REQUIRES SCH 80 PVC NIPPLE, SIZE PER INLET LENGTH AS REQUIRED, 2 REQUIRED ANTI-DRAIN VALVE REBAR STAKE, #4 X 30" LENGTH FINISH GRADE 2 REQUIRED, AND UVR PVC TEE OR ELL ULTRA-VIOLET RESISTANT PVC STREET ELLS, ULTRA-VIOLET RESISTANT SCH 40 PVC PIPE, SEE PLANS FOR SIZE SHRUB ADAPTER ROTARY HEAD, SEE LEGEND FOR MODEL NUMBER PIPE INSTALLATION N.T.S. UNDER PAVING PIPE INSTALLATION N.T.S. POP-UP ROTARY HEAD N.T.S. SCH.40 STREET ELL PVC LATERAL LINE PVC SCH 40 TEE OR ELL 1 3 3 4 6 5 7 WALK OR CURB 4 3 8 8 9 6" SCH 80 PVC NIPPLE THREADED BOTH ENDS 2" SCH 80 PVC NIPPLE THREADED BOTH ENDS 9 FINISH GRADE 1 POP-UP HEAD 2 2 56 90 DEGREE ELL REMOTE CONTROL VALVE N.T.S. ON-GRADE SPRINKLER WITH ROTARY NOZZLE N.T.S. NOTES: 1. 2.3. CONTROLLER WIRES FINISH GRADE SCH.80 PVC 90 SLIP X SLIP PVC MAINLINE MATCH VALVE SIZE (1) AT EACH CORNER PVC MAINLINE FITTINGS BRICK SUPPORT REMOTE CONTROL VALVE 3 3 5 1 12 2 4 4 5 678910 678910 11 11 4. 9 13 12 LASCO SCH.80 UNION 13 SCH.80 NIPPLE MIPT X SLIP 13125.ALL WIRE TO BE INSTALLED PER LOCAL CODES. PROVIDE EXPANSION COILS AT EACH WIRE CONNECTION IN VALVE BOX. WRAP AROUND 1/2" PIPE 15 TIMES - REMOVE PIPE. COMPACT SOIL AROUND VALVE BOX TO SAME DENSITY AS UNDISTURBED ADJACENT SOIL. INSTALL ONLY 1 VALVE PER VALVE BOX. TEFLON TAPE ALL THREADS. EXPANSION CURLS WITH WATERPROOF WIRE CONNECTORS AT SPLICES (SEE IRRIGATION SPECS) PVC LATERAL TO SPRINKLERS ANGLE TO SPECIFIED DEPTH W/ 45 ELLS VALVE BOX W/ LOCKING LID BOX HEIGHT ABOVE FINISH GRADE VARIES (SEE IRRIGATION SPECS) 2" LAYER OF PEA GRAVEL LEAVE 1"-2" AIR SPACE BETWEEN BOTTOM OF VALVE AND TOP OF PEA GRAVEL 6. INSTALL IN SHRUB AREAS ONLY AND A MINIMUM OF 12" FROM PLANTER EDGE MATCH VALVE SIZE GENERAL IRRIGATION NOTES 1. ALL LOCAL MUNICIPAL AND STATE LAWS, RULES AND REGULATIONS GOVERNING OR RELATING TO ANY PORTION OF THIS WORK ARE HEREBY INCORPORATED INTO AND MADE A PART OF THESE SPECIFICATIONS AND THEIR PROVISIONS SHALL BE CARRIED OUT BY THE CONTRACTOR. 2. THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS REQUIRED TO PERFORM THE WORK INDICATED HEREIN BEFORE BEGINNING WORK. 3. THIS DESIGN IS DIAGRAMMATIC. ALL EQUIPMENT SHOWN IN PAVED AREAS IS FOR DESIGN CLARITY ONLY AND IS TO BE INSTALLED WITHIN PLANTING AREAS. 4. THE CONTRACTOR SHALL NOT WILLFULLY INSTALL ANY EQUIPMENT AS SHOWN ON THE PLANS WHEN IT IS OBVIOUS IN THE FIELD THAT UNKNOWN CONDITIONS EXIST THAT WERE NOT EVIDENT AT THE TIME THESE PLANS WERE PREPARED. ANY SUCH CONDITIONS SHALL BE BROUGHT TO THE ATTENTION OF THE OWNER'S REPRESENTATIVE PRIOR TO ANY WORK OR THE IRRIGATION CONTRACTOR SHALL ASSUME ALL RESPONSIBILITY FOR ANY FIELD CHANGES DEEMED NECESSARY BY THE OWNER. 5. INSTALL ALL EQUIPMENT AS SHOWN IN THE DETAILS AND SPECIFICATIONS. CONTRACTOR SHALL BE RESPONSIBLE TO COMPLY WITH LOCAL CITY, COUNTY AND STATE REQUIREMENTS FOR BOTH EQUIPMENT AND INSTALLATION. 6. ALL PIPE UNDER PAVED AREAS TO BE INSTALLED IN SLEEVING TWICE THE DIAMETER OF THE PIPE CARRIED. SEE LEGEND FOR TYPE. ALL WIRE UNDER PAVED AREAS TO BE INSTALLED IN A SCH. 40 SLEEVE THE SIZE REQUIRED TO EASILY PULL WIRE THROUGH. ALL SLEEVES TO BE INSTALLED WITH A MINIMUM DEPTH AS SHOWN ON THE SLEEVING DETAILS. SLEEVES TO EXTEND AT LEAST 12" PAST THE EDGE OF THE PAVING. 7. ALL VALVE BOX LOCATIONS, SHALL BE STAKED AND REVIEWED BY THE OWNER OR LANDSCAPE ARCHITECT, PRIOR TO INSTALLATION. ALL PIPE INSTALLED ON GRADE TO BE SCH 40 ULTRAVIOLET RESISTANT PVC. 8' ON CENTER TYPICAL ALL PVC FITTINGS INSTALLED ON GRADE TO BE ULTRAVIOLET RESISTANT PVC. NOTE: #4 x 18" REBAR J-HOOK, SPACE AT 8' ON CENTER, TYPICAL FINISH GRADE ULTRAVIOLET RESISTANT SCH 40 PVC PIPE, SEE PLANS FOR SIZE ULTRAVIOLET RESISTANT PVC PURPLE WARNING STICKER SHALL BE PLACE 8' O.C. WHEN USING RECLAIMED WATER. ON-GRADE LATERAL N.T.S.

L2.00
36 September 18, 2023 Item 10
MW TOHL TOHL TOHL TOHL TOHL TOHL TOHL TOHL TOHL TOHL TOHL TOHL LIMIT OF WORK LIMIT OF WORK SAN DIEGUITO DRIVE 41" 15 .48"/HR HZ-1 2,264 31" 16.1 .48"/HR HZ-1 2,431 21" 18.9 .48"/HR HZ-1 2,853 11" 20.5 .48"/HR HZ-1 3,095 MS C .75" .75" .75" 1" 1.25" 1.25" .75" 1.25" 1.5" .75" 1" .75" 1" .75" 1.25" 1.25" 1.5" .75" .75" 1" 1.25" 1.25" 1.25" .75" 1" 1.25" 1.25" .75" 1" 1.25" 1.5" 1.5" 1.25" 1.25" City of Del Mar 1050 Camino del Mar, Del Mar, CA 92014 T 858.755-9313 F 858.755-2794 www.delmar.ca.us S e a n O ' M a l l e y # 3 2 8 6 12-31-2023 Irrigation Consultant GLASIR DESIGN Phone: 714.514.9930 Email: [email protected] Contact: Chris Curry
C:\Users\Chris Curry\OneDrive - glasirdesign.com\GLASIR\03 PROJECTS\2023\23028 DEL MAR TRAIL\L2 IRRIGATON PLAN 230519.dwg | CHRIS CURRY |ARCH FULL BLEED D (24.00 X 36.00 INCHES) | 5/19/2023 IRRIGATION PLAN 9 0 5 10 1" = 10' 1. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL EXISTING IRRIGATION EQUIPMENT DAMAGED DURING CONSTRUCTION AND IF DAMAGED, SHALL REPLACE WITH SAME MANUFACTURER AND MODEL. 2. ANY EXISTING IRRIGATION CONTROL VALVES CONNECTED TO EXISTING CONTROLLER SHALL BE RECONNECTED TO EXISTING CONTROLLER. ANY NEW IRRIGATION CONTROL VALVES SHALL BE CONNECTED TO NEW CONTROLLER. CONFIRM PROPER CONTROLLER OPERATION AND INSTALLATION WITH OWNER'S AUTHORIZED REPRESENTATIVE PRIOR TO STARTING WORK AND UPON COMPLETION OF WORK. 3. CONTRACTOR SHALL BE RESPONSIBLE FOR THE COMPLETE REMOVAL AND DISPOSAL OF ALL EXISTING IRRIGATION EQUIPMENT AFFECTED BY THE NEW CONSTRUCTION IMPROVEMENTS, IF NECESSARY. CONTRACTOR SHALL VERIFY ALL EQUIPMENT TO BE REMOVED AND DISPOSED OF IN FIELD PRIOR TO BIDDING WORK AND PRIOR TO STARTING WORK. 4. CONTRACTOR SHALL FIELD VERIFY DEPTH AND LOCATION OF ALL EXISTING UTILITIES PRIOR TO BIDDING WORK AND AGAIN PRIOR TO STARTING WORK. VERIFICATION SHALL BE DOCUMENTED AND DELIVERED TO OWNER'S REPRESENTATIVE. 5. CONTRACTOR SHALL BE RESPONSIBLE FOR THE PLACEMENT OF ALL SCH 40 PVC SLEEVING UNDER PAVING, WALLS AND CURBS AT NO LESS THAN 24" BELOW GRADE AND NO LESS THAN 2X DIAMETER OF IRRIGATION PIPE IN AREAS WHERE PIPE CROSSING WILL OCCUR. WHEN PIPE SIZE IS NOT AVAILABLE USE 6" SLEEVING MATERIAL. CONFIRM CROSSINGS WITH OWNER'S REPRESENTATIVE PRIOR TO PAVING AND HARDSCAPE CONSTRUCTION. 6. EXISTING IRRIGATION IN THIS AREA SHALL BE PROTECTED IN PLACE FOR CONTINUED USE. CONTRACTOR SHALL VERIFY THE EXTENT OF THE EXISTING SYSTEM AND MAKE ADJUSTMENTS TO CAP OFF OR MODIFY THE EXITING SYSTEM TO MEET THE NEW LANDSCAPE CONDITION IF NECESSARY. 7. MAINLINE AND RELATED EQUIPMENT SHOWN WITHIN PAVING FOR CLARITY ONLY, ACTUAL MAINLINE AND RELATED EQUIPMENT LOCATION TO BE WITHIN PLANTERS AND A MINIMUM OF 18" OFF ADJACENT HARDSCAPE AND OTHER OBSTACLES TYP. 8. I HAVE COMPLIED WITH THE CRITERIA OF THE IRRIGATION GUIDELINES AND APPLIED THEM ACCORDINGLY FOR THE EFFICIENT USE OF WATER IN THE IRRIGATION DESIGN PLAN 9. ALL NEW IRRIGATION IS LIMITED TO THIS SHEET. NEW PLANTING SHOWN ON OTHER SHEETS WILL RELY ON EXISTING IRRIGATION. 10. REFER TO SHEETS L2.00 OF THIS PACKAGE FOR IRRIGATION LEGEND AND DETAILS IRRIGATION NOTES POINT OF CONNECTION; CONNECT DOWNSTREAM OF EXISTING 1.5" BACKFLOW WITH .75" EXISTING WATER METER AVAILABLE PRESSURE:70 PSI REQUIRED PRESSURE: 65 PSI MAX FLOW RATE: 20.5 GPM BATTERY OPERATED HUNTER 4 STATION CONTROLLER; INSTALL IN VALVE BOX 1, CONNECT TO VALVES 1-4, AND SOIL MOISTURE SENSOR PER MANUFACTURER'S RECOMMENDATIONS. SOIL MOISTURE SENSOR; WIRE TO CONTROLLER, PER MANUFACTURER'S RECOMMENDATIONS. CONTRACTOR SHALL PROTECT IN PLACE ALL EXISTING IRRIGATION SERVED BY THESE EXISTING VALVES, INCLUDING AREAS ON OTHER SHEETS WHERE NEW PLANTING WILL RELY ON THE EXISTING IRRIGATION.

L2.01
37 September 18, 2023 Item 10
10 City of Del Mar 1050 Camino del Mar, Del Mar, CA 92014 T 858.755-9313 F 858.755-2794 www.delmar.ca.us S e a n O ' M a l l e y # 3 2 8 6 12-31-2023 570 Glenneyre Street Laguna Beach, California 92651-2453 United States www.swagroup.com +1.949.497.5471 o Irrigation Consultant GLASIR DESIGN Phone: 714.514.9930 Email: [email protected] Contact: Chris Curry P:\HLX\HLXT301 Del Mar River Path CD's\4 DrawingsGraphics\AutoCAD\Sheets\L3.01 PLANTING AND FENCE DETAILS.dwg | CANDERSON |PREVIOUS PAPER SIZE (24.00 X 36.00 INCHES) | 6/6/2023 PLANTING AND FENCE DETAILS 12 3 L3.01
38 September 18, 2023 Item 10

ATTACHMENT B
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR,

CALIFORNIA, AUTHORIZING THE APPLICATION FOR GRANT

FUNDS FROM THE WILDLIFE CONSERVATION BOARD FOR THE
RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3
WHEREAS, funds were made available to the Wildlife Conservation Board for the enhancement or restoration of fish and wildlife habitat and for the development of public access facilities for hunting, fishing or other wildlife-oriented recreational uses; and WHEREAS, the City of Del Mar wants to file an application with the Wildlife Conservation Board for funding to supplement the cost of construction of the Riverpath Del Mar Extension Project Phase 3.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar, California, does hereby:

1. Approve the filling of an application for funding from the Wildlife Conservation Board; and

2. Certify that the City of Del Mar will comply with all federal, state and local environmental, public health, and other appropriate laws and regulations applicable to the project and will ensure that the other project partners obtain all appropriate permits applicable to the project; and

3. Further commit to the terms and conditions specified in the Wildlife Conservation Board’s grant agreement; and

4. Authorize the City Manager, as a representative of the City of Del Mar, to conduct negotiations, execute, submit and sign all documents including but not limited to applications, agreements, amendments, payment requests, and other documents which may be necessary for the completion of the proposed project.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 18th day of September, 2023. _____________________________
Tracy Martinez, Mayor
City of Del Mar
39 September 18, 2023 Item 10
Resolution No. 2023-XX

APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 18th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
City of Del Mar
40 September 18, 2023 Item 10

ATTACHMENT C
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR,

CALIFORNIA, AUTHORIZING THE APPLICATION FOR GRANT

FUNDS FROM THE STATE COASTAL CONSERVANCY FOR THE
RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3
WHEREAS, funds were made available to the State Coastal Conservancy to increase availability of beaches, parks and trails for the public, protect and restore natural lands and wildlife habitat, preserve working lands, and increase community resilience to the impacts of climate change; and
WHEREAS, the City of Del Mar wants to file an application with the State Coastal Conservancy for funding to supplement the cost of construction of the Riverpath Del Mar Extension Project Phase 3.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar, California, does hereby:

1. Approve the filling of an application for funding from the State Coastal Conservancy; and

2. Certify that the City of Del Mar will comply with all federal, state and local environmental, public health, and other appropriate laws and regulations applicable to the project and will ensure that the other project partners obtain all appropriate permits applicable to the project; and

3. Further commit to the terms and conditions specified in the State Coastal Conservancy’s grant agreement; and

4. Authorize the City Manager, as a representative of the City of Del Mar, to conduct negotiations, execute, submit and sign all documents including but not limited to applications, agreements, amendments, payment requests, and other documents which may be necessary for the completion of the proposed project.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 18th day of September, 2023. _____________________________
Tracy Martinez, Mayor
City of Del Mar
41 September 18, 2023 Item 10
Resolution No. 2023-XX

APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 18th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
City of Del Mar
42 September 18, 2023 Item 10

ATTACHMENT D
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR,

CALIFORNIA, AUTHORIZING THE FILING OF APPLICATIONS

WITH THE COUNTY OF SAN DIEGO FOR NEIGHBORHOOD

REINVESTMENT PROGRAM AND COMMUNITY ENHANCEMENT
FUNDING FOR FISCAL YEAR 2024-2025
WHEREAS, the County of San Diego Neighborhood Reinvestment Program provides funding for public agencies and non-profit corporations for one-time community, social, environmental, educational, cultural, or recreational needs that serve public purposes, as authorized pursuant to Government Code Section 26227; and WHEREAS, the County of San Diego Community Enhancement Program provides funding for public agencies and non-profit corporations to stimulate tourism, promote the economy, create jobs and improve quality of life; and
WHEREAS, the City of Del Mar wants to file applications with the County of San Diego for Neighborhood Reinvestment Program funding and Community Enhancement funding to supplement the cost of construction of the Riverpath Del Mar Extension Project Phase 3.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar, California, does hereby:

1. Confirm that the City of Del Mar is a public agency under the laws of the State of California;

2. Approve the filling of an application with the County of San Diego for Neighborhood Reinvestment Program funding during the County’s 2024-2025 fiscal year;

3. Approve the filling of an application with the County of San Diego for Community Enhancement funding during the County’s 2024-2025 fiscal year; and

4. Authorize the City Manager to sign the grant agreement and any other necessary grant documents required by the County of San Diego for Neighborhood Reinvestment and Community Enhancement funding.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 18th day of September, 2023. _____________________________
Tracy Martinez, Mayor
City of Del Mar
43 September 18, 2023 Item 10
Resolution No. 2023-XX

APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 18th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
City of Del Mar
44 September 18, 2023 Item 10
90% Design - April 2023 100% Design - September 2023
Item
No. Quantity Units Unit Cost TotalItem Cost Quantity Units Unit Cost TotalItem Cost Reason for increase 1 Mobilization (6% of construction cost) 1 LS 140,000 $ $ 140,000 1 LS $ 160,000 $ 160,000 increased since it is 6% of total construction cost
2 Clearing and Grubbing 1 LS 75,000 $ $ 75,000 1 LS $ 60,000 $ 60,000 3 Traffic Control System 1 LS 50,000 $ $ 50,000 1 LS $ 50,000 $ 50,000 4 Erosion Control/SWPPP & BMPs 1 LS 100,000 $ $ 100,000 1 LS $ 75,000 $ 75,000 5 Construction Survey/ Staking 1 LS 15,000 $ $ 15,000 1 LS $ 15,000 $ 15,000 6 Record Drawings 1 LS 2,500 $ $ 1 LS 2,500 $ 2,500 $ 2,500 7 3" Thick Stabilized DG Trail (5' width) with trail edging 2920 SF $ 10 $ 3235 SF 29,200 $ 10 $ 32,350 DG quantity increased 8 Boardwalk Decking (7' width) with footings 8556 SF $ 140 $ 1,197,840 8250 SF $ 155 $ 1,278,750 unit cost increased based on
conversations with
manufacturer
9 Furnish and Install Cable Post Fence adjacent to Trail 1190 LF $ 175 $ 208,250 2080 LF $ 175 $ 364,000 Additional LF added to fully
protect lagoon. 90% assumed
only on elevated boardwalk
section, now assumes fully on
Lagoon side
10 Relocate Existing Sign and Post 8 EA $ 300 $ 8 EA 2,400 $ 300 $ 2,400 11 Grading 170 CY $ 90 $ 180 CY 15,300 $ 90 $ 16,200 increase in quantity 12 Improvements in Road Failure Area 1 LS 79,200 $ $ 79,200 1 LS $ 34,800 $ 34,800 Redesigned from elevated boardwalk to DG path
13 Flood Marker 5 EA $ 500 $ 5 EA 2,500 $ 500 $ 2,500
14 Mitigation: Landscaping, Irrigation, Plant Establishment Period, Monitoring and Reporting 1 LS 220,000 $ $ 220,000 1 LS $ 220,000 $ 220,000 15 Improvements to Eastern Intersection $ 1 LS - $ 22,500 $ 22,500 added striping, new signs,
delineators at eastern
intersection for increased
pedestrian safety
construction subtotal $ 2,137,190 $ 2,336,000
Estimating Contingency 15% 320,579 $ 10% $ 233,600
CONSTRUCTION TOTAL $ 2,457,769 $ 2,569,600
Construction Management $ 75,000 Construction Management $ 75,000 Biological Monitoring (Helix Environmental) $ 25,000 $ 25,000 Project contingency (property acquisition, soft costs during construction, change orders, other unforeseen costs) 142,232 $ $ 180,400 TOTAL CIP COST $ 2,700,000 $ 2,850,000

ATTACHMENT E
Riverpath Phase 3 Engineer's Estimate Comparison 90% to 100% 45 September 18, 2023 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Mike D’Aquila, Public Works Operations Manager
Mariel Cairns, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: September 18, 2023
SUBJECT: Agreement for Fiscal Year 2023-2024 Street Sweeping Services and Consideration of Short and Long-Term Program Alternatives REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Approve an Agreement with Sweeping Corporation of America (SCA) to perform street sweeping services for Fiscal Year (FY) 2023-2024 (Attachment A) in an amount not-to-exceed $50,810; 2) Authorize the City Manager to execute the Agreement; and 3) Authorize City staff to participate in a regional RFP with other San Diego municipalities to solicit proposals for street sweeping services.

DISCUSSION/ANALYSIS:

The City of Del Mar’s street sweeping program historically exceeded the minimum requirements listed in the City’s Jurisdictional Runoff Management Plan (JRMP). The JRMP is a requirement of the City’s federally-issued Municipal Separate Storm Sewer System permit and National Pollutant Discharge Elimination System permit; both regulated by the Regional Water Quality Control Board. Public Works manages the street sweeping program and currently utilizes outsourced street sweeping services. In April 2017, the City initially contracted with Pacific Sweeping for three (3) years, and subsequently extended the term to April 2022. SCA acquired Pacific Sweeping in March 2021.

Before the expiration of Pacific Sweeping/SCA’s agreement, staff issued a Request for Proposals (RFP) for street sweeping services to determine and select the best value contractor for the City’s next street sweeping contract. Unfortunately, because SCA had recently acquired the majority of street sweeping companies in Southern California, SCA’s bid was the only one received in May 2022. SCA’s proposed sweeping cost per curb mile increased by over 500% from the previous contract cost of $23.50 per curb mile to $159 per curb mile. As a result, the City did not award a street sweeping contract. 1 September 18, 2023 Item 11
City Council Agenda Report
Short/Long-Term Alternatives for Street Sweeping Services September 18, 2023

Due to the increase in cost, the City subsequently reduced its street sweeping program to perform the minimum scope of services and remain in compliance with the JRMP. Staff negotiated an interim price of $109 per curb mile with SCA for the reduced services, which allowed staff additional time to explore other street sweeping alternatives.

The interim reduction in prior service levels provided the City with an opportunity to evaluate the level of service needed in order to meet the needs and expectations of the community and comply with the City’s JRMP requirements, while still ensuring efficient and cost effective delivery of services.

The City has received very few inquiries or concerns from residents with regard to the reduced levels of service, with the exception of concerns raised by residents related to sand accumulation in the Beach Colony area. Therefore, the current reduced schedule was modified in August to ensure the sand accumulation is properly managed. The City also received at least one inquiry regarding sweeping of residential streets, which previously occurred twice annually and has been on hold during this interim period. As such, staff is recommending that the new street sweeping schedule include sweeping of residential streets annually, with additional sweeping to occur on an as-needed basis following storm events or other activities that create significant street debris.

The table included in Attachment B, summarizes the prior street sweeping schedule, current modified street sweeping schedule, and recommended new street sweeping schedule. The new recommended street sweeping schedule is similar to the current modified schedule, but partially restores sweeping of residential streets to be done annually and on an-needed basis as described above.

Recommended Short-Term Solution
The City has been able to negotiate a unit price of $97 per curb mile from SCA for the current reduced schedule plus an annual sweep of all residential streets (Exhibit A). Staff recommends locking in negotiated rate for the remainder of the fiscal year (through June 30, 2024). Based on this unit price, the agreement would be $5,090 per month or $45,810 for the remainder of the fiscal year. Staff recommends including an additional $5,000 for any as-needed street sweeping services that may additionally be required. This provides for a short-term contract with SCA for a not to exceed amount of $50,810. Funds for these services are included in the current approved FY 2023-24 operating budget.

Recommended Long-Term Solution
In considering possible long-term solutions for providing street sweeping services to the community in compliance with the JRMP, staff considered several options including participating in a regional RFP with several other cities ensuring a larger contract and providing more negotiating power to achieve the best possible prices; purchasing a street sweeper and bringing services in-house; and a hybrid alternative where the City partially contracts out for services and purchases a smaller sweeper to provide supplemental inhouse sweeping services. Of these options, City staff recommend that the Council 2 September 18, 2023 Item 11
City Council Agenda Report
Short/Long-Term Alternatives for Street Sweeping Services September 18, 2023

authorize staff to participate in a regional RFP with other local San Diego municipalities to be undertaken over the next several months. More information about each of these alternatives is provided below.

1. Participate in San Diego Regional RFP for street sweeping services Staff and the City Manager recently engaged in discussions with other local cities who have reported similar experiences with contracted street sweeping price escalations.

Several cities have expressed interest in developing a regional RFP for street sweeping, with the City of El Cajon taking the lead on preparing the RFP and managing the solicitation process. We anticipate that the cities of Lemon Grove, El Cajon, Solana Beach and possibly Encinitas will participate. This option provides an opportunity to attract more interest from potential service providers as it will provide for a larger contract and is anticipated to result in more competitive pricing than if the City were to issue an RFP for these services alone. Of the options considered by staff, we recommend this as the option for the City to pursue at this time, with the goal of reducing costs and locking in pricing for services for a minimum 5-year period.

2. Purchase a Street Sweeper and Bring Services In-House Staff evaluated different types of street sweepers and considers the Elgin Pelican threewheel, mechanical broom sweeper with a 3.5 cubic yard hopper to be the most efficient model to perform the City’s required services. The equipment is small enough to maneuver through Del Mar’s curvy hillside community but also effective enough to sweep the major arterials efficiently. The capital cost for this street sweeper unit is approximately $350,000 plus an estimated $42,000 in annual maintenance that includes fuel and brush maintenance. In-house street sweeping would require approximately $75,000 per year in additional City labor costs (one full time Maintenance Worker). Staff estimates the total cost for this alternative including equipment, maintenance, and labor to be $152,000 in the first year as shown in Attachment C.

While there are some potential advantages to bringing street sweeping services in-house, such as price stability over the long-term and ease of responsiveness, the costs to do so are much higher than contracting out and the City would be taking on new liabilities in equipment purchase, labor and maintenance costs, that would not be offset by lower costs for services in the immediate or long term.

Approximately twelve years ago or more, the City used to perform these services in house but transitioned to contracting out due to the high cost sweeper maintenance, especially as the machine ages, and use of staffing resources. It is anticipated that resuming these services internally would have a similar result. Several other San Diego cities have explored this alternative and determined it not to be cost effective.

3. Implement a Hybrid Alternative, with Services Contracted Out/Performed In-House 3 September 18, 2023 Item 11
City Council Agenda Report
Short/Long-Term Alternatives for Street Sweeping Services September 18, 2023

This hybrid approach would utilize a contractor to perform the JRMP’s minimum street sweeping requirements and utilize a small street sweeper with City staff to provide additional street sweeping services to achieve the desired level of service to the community.

Staff estimates that issuing an RFP for the reduced current sweeping schedule would result in a cost of approximately $4,900 per month, or $60,000 annually, to meet the minimum JRMP requirements. Staff evaluated small street sweeper models and considers the Multihog Compact Multi-Purpose Sweeper to be the most efficient model to perform supplemental sweeping to achieve the desired level of service. The capital cost of this type of unit is estimated at $190,000, plus $20,500 per year in annual maintenance including fuel and brush maintenance. This alternative would require approximately $37,500 per year in additional City labor costs (half a full time Maintenance Worker). Staff estimates an annual cost of $77,000 in the first year for the small sweeper unit, maintenance, and labor. The total cost for the hybrid approach is estimated at $137,000 for the first year (Attachment D).

While there are some potential advantages to the hybrid alternative, such as ease of response and availability of supplemental services, it is the least cost effective option and similar to the option to bring these services fully in-house, the City would be taking on new liabilities related to equipment purchase, staffing and maintenance, which would not be offset by lower overall costs in the immediate or longer term. As such, this option is not recommended for further consideration at this time by staff.

Next Steps
Staff recommends the Council authorize the City Manager to enter into a short-term contract with SCA (Attachment A) for the recommended new street sweeping level of services identified in Attachment B, for the remainder of the fiscal year, through June 30, 2024, in an amount not-to-exceed $50,810.

Staff recommends that the Council authorize the City to participate in a Regional RFP with other municipalities in the San Diego regional as further described earlier in this report, which is expected to be undertaken in the next few months.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. Funds for contracted street sweeping at the staff recommended levels are included in the Fiscal Year 2023-2024 Operating and Capital Budget.

ENVIRONMENTAL IMPACT:

Street sweeping services do not constitute a “project” and are exempt under Section 15378(b)(2) of the California Environmental Quality Act. 4 September 18, 2023 Item 11
City Council Agenda Report
Short/Long-Term Alternatives for Street Sweeping Services September 18, 2023

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 Sweeping Corporation of America Exhibit A to Attachment A – SCA proposal for enhanced street sweeping schedule Attachment B - Summary of Street Sweeping Service Schedules Attachment C - Estimated Costs to Bring Street Sweeping Services Fully In-House Attachment D - Estimated Costs to Implement Hybrid Service Model with Services Contracted Out and Partially Provided In-House
5 September 18, 2023 Item 11

ATTACHMENT A

AGREEMENT BETWEEN THE CITY OF DEL MAR

AND SWEEPING CORPORATION OF AMERICA

FOR CITYWIDE STREET SWEEPING SERVICES
This Agreement (“Agreement”) is made and entered into this 18th day of September, 2023 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Sweeping Corporation of America (“Contractor”) (collectively “Parties”).

WHEREAS, the City desires to employ a qualified firm to provide citywide street sweeping services on a scheduled and as-needed basis (“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 Contractor is qualified based on their experience and ability and willingness to perform the services desired by City; and WHEREAS, Contractor 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. SERVICES.

1.1 Scope of Services. The Contractor shall perform the 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 Contractor’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Contractor’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 Contractor 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.

1.3. Prevailing Wage Obligation. Contractor is hereby notified that this project is a public work and is subject to State prevailing wages. 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 Contract, from Director of the Department of Industrial Relations. Current prevailing wage rates and information is available on the Internet at http://www.dir.ca.gov. Contractor shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum.

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.

Pursuant to the provisions of section 1775 of the Labor Code, Contractor shall forfeit to City, as a penalty, a sum to be determined by the Labor Commissioner for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by it or by any subcontractor under it, 6 September 18, 2023 Item 11
Sweeping Corporation of America
Agreement for Citywide Street Sweeping Services

in violation of the provisions of the Agreement.

All Contractors and subcontractors must be registered with the Department of Industrial Relations, State of California (DIR) prior to submitting a bid on any public works project, pursuant to Labor Code section 1725.5. Quotes from Contractors or subcontractors that are not currently registered as required will be deemed nonresponsive and will not be considered. This project is subject to compliance monitoring and enforcement by the DIR.

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for a period beginning on September 18, 2023 and ending on June 30, 2024. The agreement may be extended for an additional two (2) year period, upon written approval of both parties.

Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

2.2 Delay. Any delay occasioned by causes beyond the control of Contractor may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Contractor 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 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 Contractor be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Contractor 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 Contractor’s default, City may terminate this Agreement, without cause, by giving written notice to Contractor. Such termination shall be effective upon receipt of the written notice. Contractor 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, Contractor 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 Contractor 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 Contractor shall be delivered to the City Manager, upon his request, as property of City.

4. COMPENSATION.

4.1 Total Amount. Compensation to Contractor shall be provided in accordance with the rates described in the Fee Schedule contained in Exhibit “A” and incorporated herein. Contractor shall bill the City for work provided and shall present a written 7 September 18, 2023 Item 11
Sweeping Corporation of America
Agreement for Citywide Street Sweeping Services

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 Contractor in advance. Contractor 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 Contractor. Should such additional services be required, Compensation therefore shall be paid to the Contractor in accordance with Fee Schedule contained in Exhibit “A.” City and Contractor shall agree to the costs prior to commencement of such work.

5. INDEPENDENT CONTRACTOR. Contractor is, for all purposes arising out of this Agreement, an independent Contractor. The Contractor has and shall retain the right to exercise full control and supervision of all persons assisting the Contractor in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Contractor nor Contractor’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, Contractor 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. Contractor 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 Contractor using the degree of care and skill ordinarily exercised by reputable Contractors practicing in the same field of service in the State of California. By executing this Agreement, Contractor represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City.

Additionally, Contractor and all of Contractor’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 Contractor 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. Contractor 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 Contractor 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 services performed by Contractor, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Contractor, 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 Contractor, at the time that it was disclosed to Contractor by the City, (b) subsequently becomes publicly known through no act or omission 8 September 18, 2023 Item 11
Sweeping Corporation of America
Agreement for Citywide Street Sweeping Services

of Contractor or (c) otherwise becomes known to Contractor 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 Contractor or subcontractors.

9. CONFLICTS OF INTEREST.

9.1 Contractor 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. Contractor 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 Contractor has a financial interest as defined in Government Code § 87103. Contractor 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 Contractor shall comply with all of the reporting requirements of the Political Reform Act. The Contractor shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Contractor is subject to a conflict of interest code, if applicable. The Contractor 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 Contractor was subject to a conflict of interest code.

9.3 If, in performing the Services set forth in this Agreement, the Contractor 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 Contractor shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Contractor’s relevant financial interests.

10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Contractor under this Agreement shall be considered the property of City. Contractor 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 Contractor 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 Contractor, 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 Contractor’s liabilities, including but not limited to Contractor’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 9 September 18, 2023 Item 11
Sweeping Corporation of America
Agreement for Citywide Street Sweeping Services

is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to nonpayment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.

11.3 Types and Amounts Required. Contractor 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 Contractor'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 $1,000,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).

11.3.3 Workers' Compensation. For all of the Contractor'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 Contractor 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.

11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Contractor 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 Contractor 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. Contractor 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 10 September 18, 2023 Item 11
Sweeping Corporation of America
Agreement for Citywide Street Sweeping Services

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 Contractor 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 Contractor, its employees, agents, and subcontractors performance of services under this Agreement. Contractor’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. Contractor'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 Contractor under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Contractor 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 Contractor agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Contractor, its officers, agents, representatives, employees, sub-Contractors, or anyone for whom Contractor is liable and that an adjudication of Contractor’s liability is not a condition precedent to Contractor's duty to defend.

13. SUBCONTRACTORS.

13.1 The Contractor’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 Contractor 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 Contractor 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 Contractor.

13.3 In any dispute between the Contractor and its subcontractors, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Contractor 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.
11 September 18, 2023 Item 11
Sweeping Corporation of America
Agreement for Citywide Street Sweeping Services

14. NON-DISCRIMINATION. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Contractor 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. Contractor 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 Contractor
City of Del Mar Sweeping Corporation of America
City Clerk Attn: Rick Anderson / Brad Becker
1050 Camino del Mar 1937 W. 169th Street
Del Mar, CA 92014 Gardena, CA 90247
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Contractor’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 Contractor or any of Contractor’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Contractor by City. The acceptance or use of any such equipment by Contractor, Contractor’s employees, or subcontractors shall be construed to mean that Contractor 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.

Contractor hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.

19. COMPLIANCE WITH LAWS. The Contractor 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. Contractor shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Contractor to comply with any applicable Laws.
12 September 18, 2023 Item 11
Sweeping Corporation of America
Agreement for Citywide Street Sweeping Services

To the extent Contractor is required to comply with prevailing wage requirements, Contractor does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Contractor and any subcontractors 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 Contractors 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 Contractor, 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. CONTRACTOR’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM 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 Contractors 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 Contractor 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 Contractor 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 13 September 18, 2023 Item 11
Sweeping Corporation of America
Agreement for Citywide Street Sweeping Services

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]
14 September 18, 2023 Item 11
Sweeping Corporation of America
Agreement for Citywide Street Sweeping Services

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

SWEEPING CORPORATION OF AMERICA
By: __________________________________
Brad Becker, Vice President

ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
15 September 18, 2023 Item 11
Agreement for Citywide Street Sweeping Services

Peter Kiefer
Maintenance and Construction Superintendent
City of Del Mar
2240 Jimmy Durante Blvd Del Mar, CA 92014
Phone: 858.755.3294
Email: [email protected]
Dear Peter,
The following is a proposal to supply high quality street sweeping services to the City of Del Mar. Work will consist of the following:

Del Mar Street Sweeping Schedule-beginning September 1,2023 1 st Monday-beginning at 5:30AM
Business District (2.66 miles)
Primary Roads (17.10 miles)
• Curb and gutters
• Right Collection Lanes
• Bike Lanes
• Westside of Coast Blvd. From 17th street to 23rd street- (1 mile) • One hundred blocks of 18th, 19th, 20th, 21st, and 23rd Streets • North and South side of the streets
Parking Lots (10550 sq. ft.)
• Public Works
• 17th Street
3 rd Monday-beginning at 5:30AM
Business district (2.66 miles)
Primary Roads (13.6 miles)
• Curb and gutters
• Right Collection Lanes
• Bike Lanes
Center Medians (13.4 miles)
Residential Biannually (29.18 miles)
All work will be performed using full sized municipal street sweeper, compliant with SCAQMD Rule 1186 & 1186.1 Due to the changes in the schedule, we were able to lower the curb mile rate.

Description Price
Parking Lots (per square feet) $0.0076
1-888-SWEEPING sweepingcorp.com
16 September 18, 2023 Item 11
Agreement for Citywide Street Sweeping Services

Bi-Monthly Sweeps (per curb mile) Biannual
Residential $96.65
Emergency Sweeping (per hour with 3-hour
minimum) $195.00
The new contract period will be July 3,2023 through August 31,2024.

The total monthly cost will be $5,085.65
We appreciate your business very much and look forward to continuing our excellent working relationship for years to come.

If you have any questions or comments, please feel free to contact me.

Thank you,
Rick Anderson
Director of Business Development
Sweeping Corp. of America
1937 W 169th Street | Gardena, CA 90247
Office: 310.800.225.7316 x 108 | Direct: 310.740.1601
[email protected]
www.sweepingcorp.com
1-888-SWEEPING sweepingcorp.com
17 September 18, 2023 Item 11
ATTACHMENT B – SUMMARY OF STREET SWEEPING SCHEDULES
Locations Prior Sweeping
Schedule
Current Modified
Sweeping Schedule
Recommended Sweeping
Schedule
Major Arterials:
- Camino del Mar
- Via de la Valle
- Carmel Valley Rd
- Jimmy Durante Blvd
Twice a month Twice a month:
1 st and 3rd Mondays
Twice a month:
1 st and 3rd Mondays
Business District:
along Camino del Mar from
9 th Street to 15th Street
Weekly
Twice a month:
1 st and 3rd Mondays
Twice a month:
1 st and 3rd Mondays
Parking Lots at 17th Street and City Hall Weekly Weekly: 1 st Mondays Weekly: 1st Mondays
Center Medians of Major Arterials Weekly Weekly: 3
rd Mondays Weekly: 3rd Mondays
West side of Coast Blvd
Between railroad crossing and 23rd
Street where no parking is posted;
Expanded August 2023 to include
side streets from 17th to 23rd Street,
between Ocean Front and Coast Blvd.

Twice a month Twice a month:
1 st and 3rd Mondays
Twice a month:
1 st and 3rd Mondays
Center Median along Coast Blvd
adjacent to Powerhouse Park;
Weekly Twice a month:
1 st and 3rd Mondays
Twice a month:
1 st and 3rd Mondays
All other residential streets 2 x annually (approx.
every six months)
On-hold 1x annually & As-needed
As-needed/emergency sweeps As-needed As-needed As-needed 18 September 18, 2023 Item 11
Year
capital
equipment/
depreciation
replacement
brushes
routine
maintenace fuel
major
maintenance
overhaul
1 FTE
maintenance
worker
Est annual
expenditures
2024-25 35,000 12,000 15,000 15,000 - 75,000 152,000
2025-26 35,000 12,360 15,450 15,450 - 77,250 155,510
2026-27 35,000 12,730 15,910 15,910 - 79,570 159,120
2027-28 35,000 13,110 16,390 16,390 - 81,960 162,850
2028-29 35,000 13,500 16,880 16,880 - 84,420 166,680
2029-30 35,000 13,910 17,390 17,390 25,000 86,950 195,640 2030-31 35,000 14,330 17,910 17,910 - 89,560 174,710
2031-32 35,000 14,760 18,450 18,450 - 92,250 178,910
2032-33 35,000 15,200 19,000 19,000 - 95,020 183,220
2033-34 35,000 15,660 19,570 19,570 - 97,870 187,670
Estimated 10 year total fully in-house, equipment, maintenance 1,716,310 $ 19 September 18, 2023 Item 11
Year
capital
equipment/
depreciation
replacement
brushes
routine
maintenace fuel
major
maintenance
overhaul

0.5 FTE
maintenance
worker
Est annual
expenditures
2024-25 19,000 6,000 7,000 7,500 - 37,500 77,000
2025-26 19,000 6,180 7,210 7,730 - 38,630 78,750
2026-27 19,000 6,370 7,430 7,960 - 39,790 80,550
2027-28 19,000 6,560 7,650 8,200 - 40,980 82,390
2028-29 19,000 6,760 7,880 8,450 - 42,210 84,300
2029-30 19,000 6,960 8,120 8,700 12,500 43,480 98,760
2030-31 19,000 7,170 8,360 8,960 - 44,780 88,270
2031-32 19,000 7,390 8,610 9,230 - 46,120 90,350
2032-33 19,000 7,610 8,870 9,510 - 47,500 92,490
2033-34 19,000 7,840 9,140 9,800 - 48,930 94,710
Estimated 10 year total supplemental in-house (0.5FTE), smaller sweeper equipment, maintenance 867,570 $ 77,000
60,000
137,000
Estimated supplemental sweeping in-house, 1st year $
Plus estimated contracted sweeping for minimum JRMP compliance, 1st year $ Estimated total hybrid approach, 1st year $

ATTACHMENT E
Long-Term Street Sweeping Alternative 3 Estimated Costs ATTACHMENT D 20 September 18, 2023 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Mayor Tracy Martinez and Councilmember Dave Druker Via Ashley Jones, City Manager
DATE: September 18, 2023
SUBJECT: Establishment of Council Policy Related to the Roles & Responsibilities of the Council-Appointed Mayor and Deputy Mayor
REQUESTED ACTION/RECOMMENDATION:

Mayor Martinez and Councilmember Druker recommend that the City Council adopt a Resolution (Attachment A) approving a City Council Policy (Exhibit A to Attachment A) establishing the roles and setting forth the duties and responsibilities of the Councilappointed Mayor and Deputy Mayor.

DISCUSSION/ANALYSIS:

Most agencies in California have transitioned from at-large elections to district based elections with a directly elected Mayor, largely in response to claims that at-large systems for more populated jurisdictions violate the California Voting Rights Act. Due to the City’s very small size, Del Mar is one of two agencies in San Diego County that has an at-large election system for City Councilmembers and a rotating Council-appointed Mayor. The majority of other agencies handle the Deputy Mayor position similar to Del Mar with the Deputy Mayor being a rotating positon appointed by the Council.

Annually, at the first Council meeting in December, the Del Mar City Council appoints from among its members, a Mayor and Deputy Mayor to serve one-year terms as described in City Council Policy 100 – Selection of the Mayor and Deputy Mayor (Attachment B). In keeping with similar actions taken over the last few years by the City Council, the City may benefit from adopting a City Council Policy that clearly establishes the roles, responsibilities, and duties of the Mayor and Deputy Mayor.

Adoption of such a City Council Policy is in keeping with the City efforts in recent years to clarify and memorialize the duties and responsibilities of the City Council and other public officials. This includes adopting City Council and City Manager Guiding Principles (Attachment C); adopting City Council Policy 202 related to the Expectations of Council Liaisons (Exhibit A to Attachment C); and approving extensive revisions to the City’s advisory committee system including responsibilities of Councilmembers, committee 1 September 18, 2023 Item 12
City Council Agenda Report
Council Policy – Mayor/Deputy Mayor Roles & Responsibilities September 18, 2023

members, and staff in the areas of appointments and committee agenda setting and work plans.

In keeping with the City’s efforts to further define roles and responsibilities of public officials, Mayor Martinez and Councilmember Druker recommend that the City Council adopt a Resolution (Attachment A) approving City Council Policy 118 – Roles & Responsibilities of the Council-Appointed Mayor and Deputy Mayor (Exhibit A to Attachment A). The policy, as proposed, is consistent with existing provisions of the Del Mar Municipal Code and various policies in the City Council Policy Book pertaining to duties and responsibilities of the Mayor. The policy’s primary purpose is to memorializes and document existing expectations and responsibilities of the Mayor and Deputy Mayor in the Mayor’s absence.

The purpose of the policy is to outline the roles and responsibilities of the Councilappointed Mayor and Deputy Mayor and to establish guidelines to assist the Mayor in performing their duties. Mayoral duties outlined in the proposed policy include: serving as the presiding officer of the City Council (DMMC 2.020.20) (Attachment D); being the head of the City for ceremonial purposes unless another Councilmember has been designated by the City Council; signing legal instruments on behalf of the City; and representing the City in matters involving other governmental agencies unless another Councilmember has been designated; representing and advocating for only the City’s official position when speaking on behalf of the City; frequently reporting on the activities of the Mayor at regularly scheduled Council meetings; and ensuring representation of the City when unavailable to attend meetings or other engagements on behalf of the City. City Council Policies 300 – Placement of Items on the Agenda (Attachment E) and 301 – Requests from Council Members to Place Items on the Agenda (Attachment F).

In addition, the proposed policy also memorializes the role of the Deputy Mayor to serve as the Mayor in the Mayor’s absence; expectations of the Mayor and Deputy Mayor to be available and willing to serve; consideration of proposed Policy 118 when appointing or changing the Mayor and/or Deputy Mayor; and a summary of related City regulations.

FISCAL IMPACT:

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

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. 2 September 18, 2023 Item 12
City Council Agenda Report
Council Policy – Mayor/Deputy Mayor Roles & Responsibilities September 18, 2023

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and is not related to the City Council’s Goals and Priorities.

ATTACHMENTS:

Attachment A – Resolution Adopting City Council Policy 118- Roles and Responsibilities of the Council-Appointed Mayor and Deputy Mayor
Exhibit A to Attachment A – City Council Policy 118- Roles and Responsibilities of the Council-Appointed Mayor and Deputy Mayor
Attachment B – City Council Policy 100- Selection of the Mayor and Deputy Mayor Attachment C – Council-Manager Guiding Principles
Exhibit A to Attachment C – Council Policy 202- Responsibilities and Expectations of Council Liaisons to City Advisory Committees and of Council Representatives to Outside Agencies
Attachment D – DMMC Section 2.20- City Council
Attachment E – City Council Policy 300- Placement of Items on the City Council Agenda Attachment F – City Council Policy 301- Request by Members of City Council to Place an Item on a City Council Agenda
3 September 18, 2023 Item 12

ATTACHMENT A
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, ADOPTING CITY COUNCIL POLICY 118

PERTAINING TO THE ROLES AND RESPONSIBILITIES OF THE

COUNCIL-APPOINTED MAYOR AND DEPUTY MAYOR
WHEREAS, the City of Del Mar Mayor and Deputy Mayor are appointed annually by the City Council to serve a one-year term, in accordance with Chapter 2.20.020 of the Del Mar Municipal Code; and
WHEREAS, the Del Mar Municipal Code and several City Council policies outline existing duties and responsibilities of the Council-appointed Mayor and Deputy Mayor; and
WHEREAS, the City Council wishes to clarify roles and responsibilities of the Council-appointed Mayor and Deputy Mayor and adopt a new Council Policy outlining the roles and setting forth the duties and responsibilities of the Council-appointed Mayor and Deputy Mayor.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, hereby ratifies and approves City Council Policy 118 as set forth in Exhibit A to this Resolution; and
BE IT FURTHER RESOLVED that City Council Policy 118 be incorporated into the City Council Policy Book.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held 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
4 September 18, 2023 Item 12
Resolution No. 2023-XX

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 18th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 September 18, 2023 Item 12

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
118 Roles & Responsibilities of the CouncilAppointed Mayor and Deputy Mayor DATE ADOPTED: 9/18/2023
BY RESOLUTION: 2023-XX
PAGES: PAGE 1 OF 3
I. PURPOSE:

The City of Del Mar Mayor and Deputy Mayor are appointed annually by the City Council. The purpose of this policy is to outline the roles and responsibilities of the Council-appointed Mayor and Deputy Mayor and to establish guidelines to assist the Mayor and Deputy Mayor in performing their duties.

II. POLICY:

A. MAYOR’S DUTIES:

The Mayor shall be a member of the City Council and shall perform all the functions and have the same authority and rights as the rest of the Council in their capacity as Councilmembers. In addition to said Councilmember functions, authority and duties, the Mayor shall have the responsibilities of:
1) Serving as the presiding officer of the City Council in accordance with the Del Mar Municipal Code (DMMC) Chapter 2.20.020, and in doing so ensuring decorum by members of the Council and public consistent with the City’s adopted Code of Civil Discourse and Council Policy.
2) Working with the City Manager and City Clerk on the planning and management of regular City Council meeting agendas consistent with Council Policies 300 and 301.
3) Being the official head of the City for all political and ceremonial purposes and in the name and on behalf of the City, unless the City Council has designated another Councilmember to do so.
4) Representing only the City of Del Mar’s official Council-approved position at any public forum, meeting with elected officials, or when being interviewed by the press on behalf of the City, regardless of the Mayor’s personal views. 5) Regularly report out and keeping the Council informed as to their activities as Mayor on behalf of the City as part of the regularly agendized City Council reports at City Council meetings.
6) Notifying the Deputy Mayor and City Manager when unable to represent the City as requested by the City or outside parties to ensure that the City is properly represented at outside meetings, functions and other engagements. 7) Signing all legal instruments and documents to which the City is a party except where otherwise provided herein or by applicable law, ordinance, or resolution, minute action, or order of the Council.
8) Representing the City in any and all matters involving other governmental agencies, unless another Councilmember has been designated to do so by the City Council, and provided that no act, promise, commitment or agreement entered into or committed by the Mayor shall be binding upon the City unless duly authorized or ratified by the City Council.

EXHIBIT A TO ATTACHMENT A
6 September 18, 2023 Item 12

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
118 Roles & Responsibilities of the CouncilAppointed Mayor and Deputy Mayor DATE ADOPTED: 9/18/2023
BY RESOLUTION: 2023-XX
PAGES: PAGE 2 OF 3
9) Performing such other duties consistent with the office as may be prescribed by this policy or delegated to or imposed on the Mayor by the City Council if not inconsistent with the provisions of this policy.

B. DEPUTY MAYOR’S DUTIES
The Deputy Mayor shall be a member of the City Council and shall perform all the functions and have the same authority and rights of a duly elected Councilmember. In the Mayor’s absence, the Deputy Mayor shall serve as the presiding officer of the City Council and will fulfill the mayoral duties described in this policy, as needed.

C. EXPECTATIONS OF THE MAYOR AND DEPUTY MAYOR
It is the expectation of the City Council that the Mayor and Deputy Mayor, in the absence of the Mayor, be available to perform the duties outlined in this policy as well as duties set forth in DMMC Chapter 2.20.020 and other applicable City Council policies. Additionally, it is the expectation of the City Council that the Mayor and Deputy Mayor comply with the Del Mar City Council and City Manager Guiding Principles when performing mayoral duties.

D. CONSIDERATION OF THIS POLICY WHEN APPOINTING MAYOR AND DEPUTY MAYOR
In accordance with DMMC Chapter 2.20 - City Council, the City Council will select a Mayor and a Deputy Mayor annually at the first meeting in December. Three affirmative votes shall be required to choose or change the Mayor or Deputy Mayor (DMMC

2.20.020(B)).

Additionally, as outlined in City Council Policy 100- Selection of the Mayor and Deputy Mayor, it has been the tradition of the City Council to place the top two vote getters in any election into a queue to rotate into the position of Mayor and Deputy Mayor, but it is not required that the City Council do so. Policy 100 states further that should any City Council member not be available to take their place in the traditional rotation, the next person in the rotation will be elevated to the Deputy Mayor or Mayor position, as applicable.

In accordance with this policy and Policy 100, the City Council will take into consideration the availability and willingness of its members to perform the duties and responsibilities of the Mayor and Deputy Mayor when voting on appointments to these important roles.

E. CHANGE OF THE MAYOR AND DEPUTY MAYOR
Once appointed, if the Mayor or Deputy Mayor fail to meet the expectations of the City Council as identified in this Policy, in accordance with City Council Policy 301- Request by Members of the City Council to Place an Item on a City Council Agenda, two City Council members may place an item on the City Council agenda for the Council to consider 7 September 18, 2023 Item 12

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
118 Roles & Responsibilities of the CouncilAppointed Mayor and Deputy Mayor DATE ADOPTED: 9/18/2023
BY RESOLUTION: 2023-XX
PAGES: PAGE 3 OF 3
changing the Mayor and/or Deputy Mayor. Three affirmative votes shall be needed to change the Mayor and/or Deputy Mayor.

F. RELATED REGULATIONS & POLICIES
DMMC Chapter 2.20.020- Presiding Officer states that the City Council shall appoint a Mayor and Deputy Mayor at the first City Council meeting in December by three affirmative votes; establishes a one-year term for the Mayor; and designates the Mayor, or in the Mayor’s absence, the Deputy Mayor, as the presiding officer of the City Council. In addition, the City Council has adopted various City Council policies included in the City Council Policy Book that include additional duties and responsibilities of the Mayor and Deputy Mayor for specific functions such as proclamation and managing public oral communications at City Council meetings. The Del Mar City Council and City Manager Guiding Principles also applies to the Mayor and Deputy Mayor in their capacity as members of the City Council and when performing their mayoral duties. 8 September 18, 2023 Item 12

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
100 SELECTION OF MAYOR AND DEPUTY
MAYOR
DATE REVISED: 12/15/14
BY RESOLUTION: 2014-92
PAGES: 1 OF 1
POLICY:

Del Mar Municipal Code, Section 2.20.020 A and B, addresses when the City Council shall meet to install newly elected Council members and states that its members shall choose one of its members as Mayor and one of its members as Deputy Mayor by motion of the Council and three affirmative votes. It further states that the Mayor and the Deputy Mayor shall serve a term of one year, or until a successor for each position is chosen.

1. The Mayor and Deputy Mayor are members of the City Council and are annually elected by majority vote of the City Council at the first regular meeting in December or, in the case of an election year, upon certification of the election results. As a member of the City Council, the Mayor and Deputy Mayor shall have all the powers of a member.

2. In choosing the Mayor and Deputy Mayor, it is the tradition of the Council to place the top two vote getters in any one election into a queue to rotate into the position of Mayor and Deputy Mayor. In each City Council election, the person with the most votes shall be placed first in the rotation of that group, the second highest vote getter will be placed second, and in the years when there is a third seat contest, the third highest vote getter will be placed third in that rotation. However, the Council member who received the third most votes in an election year filling three seats will not be in the queue for either Deputy Mayor or Mayor but would be in rotation should the Council member traditionally rotating into the Deputy Mayor or Mayor position be unavailable to serve in that role.

3. In case of appointment to the City Council to fill a vacancy, that person will occupy the last position in the current rotation. Each new election will determine the rotation only for the group in that election. Should any City Council member not be available to take their regular place in the established rotation, the next person in the rotation will be elevated to the Deputy Mayor’s position and the rotation will continue as previously set.

4. In the event there are members of the City Council appointed in lieu of an election, the appointed City Council members will go into a Mayoral rotation based on tenure (seniority) on the City Council. The City Council member with the most tenure on the City Council will be placed first in the rotation of that group. If no seniority exists (e.g. members have the same tenure), then the appointed City Council members will be rotated based on a coin toss conducted at a publicly noticed meeting. 9 September 18, 2023 Item 12

DEL MAR CITY COUNCIL AND CITY MANAGER

GUIDING PRINCIPLES
Under California law, the Council-Manager form of City government followed in Del Mar requires elected Councilmembers and the City Manager to understand and adhere to their respective roles. These roles are defined by the general law of California, Del Mar Municipal Code1, and City Manager’s employment contract. Generally, the Council’s role is to set policy much as does a board of directors of a corporation and not to engage in day to day activities or to direct City staff. The Manager’s role is to implement the policy set by the Council and oversee the day-to-day operations of the City. The City Manager and City Attorney work for and are hired and fired by the City Council. All other City employees work for, are hired and fired by, and take direction from the City Manager, not the City Council.

To make the best use of City resources, to be effective and efficient, to adhere to their respective roles, and to foster working as a team, the Council and City Manager agree to the following guiding principles to carry out their respective roles. These guiding principles are intended to compliment the requirements imposed by state law, Del Mar Municipal Code, and the Manager’s employment contract.

COUNCIL AND CITY MANAGER INTERACTIONS
Councilmembers will:
• Copy the City Manager on their communications (emails, texts, etc.) to City staff regarding City business.
• Limit direct contacts with City staff (other than the Manager or City Attorney) regarding matters of City business to requests for information, except as authorized by the City Manager.
• Not give direction or assign work to City staff on their own.

The City Manager will:
• In conformance with the Ralph M. Brown Act, share information equally with all five Councilmembers except where a Councilmember’s conflict of interest prevents sharing. • Promptly respond to all Councilmember requests for information. • Keep the City Councilmembers equally informed on pending matters of importance. 1 See, generally, Cal. Const. art. XI, § 5(b); Cal Gov’t Code Section 36501; and DMMC Chapter 2.20 (City Council) and Chapter 2.24 (City Manager Manager.) The city manager’s role is further defined by employment contract.

ATTACHMENT C
10 September 18, 2023 Item 12
Del Mar Guiding Principles
Pg. 2 of 3

REPRESENTING CITY POSTIONS TO OUTSIDE PARTIES
With respect to matters of substantive City business, Councilmembers and the City Manager will:
• Follow Council Policy 202, Section B (Attachment A) regarding their representation of the City to outside agencies, boards, commissions, committees, and subcommittees. • If it is not clear what the adopted City position is on an issue, Councilmembers and the Manager shall so state and as needed may bring the matter to Council for clarification before stating a City position.

COUNCIL CONTACT WITH OUTSIDE AGENCIES
Council Contact with Outside Boards, Commissions, and Committees Councilmembers may contact an outside agency on which the Councilmember serves as a primary or alternate representative of the City, or as a liaison, at any time and as-needed, on matters related to their representation. However, Councilmembers are encouraged to keep the City Manager informed of matters of importance related to City business so that information can be shared with the full Council.

Council Contact with Other Elected Officials
Councilmembers may contact their peers (elected and appointed officials) on matters of City business but are encouraged to keep the City Manager informed of such contacts so that relevant information can be shared with the full Council.

On matters of non-City legislation related to City affairs, Councilmembers are encouraged to refer proposed contacts with federal, state, and local elected officials to the Council’s Legislative Subcommittee with a copy to the City Manager so the Subcommittee and Manager can keep the full Council informed.

Council Contact with Staff Members at Outside Agencies
Except for a Councilmember’s representation on outside Boards, Commission, and Committee’s and discussions with staff members of those agencies specific to that representation, contacts with staff from outside agencies should primarily occur at the staff level initiated by City staff, not the City’s elected officials. This is the normal practice and expectation for agency-to-agency communications and it causes concern and confusion for other agencies and City staff when not adhered to. As occasions arise when it would be appropriate for members of the Council (i.e., Council liaisons for specific topics) to participate in staff level meetings or discussions with outside agencies, this will be facilitated by the City Manager or City staff. It is expected that 11 September 18, 2023 Item 12
Del Mar Guiding Principles
Pg. 3 of 3
whenever members of the Council are communicating with staff members from outside agencies, specific to City of Del Mar business or City programs or projects, that the City Manager is included and made aware of the communications.

VIOLATIONS/ENFORCEMENT
First Offense: Will result in discussion in closed session or, if required by the Brown Act, in open session. The discussion shall focus on the nature of the alleged transgression and how it might be remediated.

Second or Subsequent Offense: Will result in discussion in closed session or, if required by the Brown Act, in open session as noted above under First offense. In addition, the offender may be subjected to remediation requirements as directed by the Council. Such measures may include the issuance of corrections to any improper communications, to removing the offender from Council committee assignments, and/or from regional agency representation of the City, or to formal censure. Where such proceedings are required to be held in open session, they shall be placed on the Council agenda for action.

PUBLIC RECORDS
The Council and Manager recognize that all written communications (by letter, email, text, or other written or electronic means) are potentially disclosable as public records under the California Public Records Act and the Del Mar Municipal Code.

COMMENTS
• Each Councilmember is independently elected. These guidelines are intended to facilitate communication, information sharing, and effective City governance without diminishing the authority and responsibilities of any elected Councilmember. • Only the City Manager and the City Attorney report directly to the Council. All other department heads and City employees report to the Manager. These guidelines are not intended to change that.
• These guidelines are a working document to be revised and updated by the full council as needed.

Adopted by the Del Mar City Council on September 7, 2021 12 September 18, 2023 Item 12

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
202

RESPONSIBILITIES AND EXPECTATIONS OF

COUNCIL LIASIONS TO CITY ADVISORY

COMMITTEES AND OF COUNCIL

REPRESENTATIVES TO OUTSIDE

AGENCIES
DATE REVISED: 11-19-2018
BY RESOLUTION: 2018-82
PAGES: 1 OF 4
POLICY:

The following are guidelines to assist council members in performing their duties as liaisons to city advisory committees, Del Mar Community Connections (DMCC), Del Mar Village Association (DMVA), various Del Mar non-profits, and as Del Mar representatives to outside agencies. These guidelines also apply to the appointed community representatives to outside agencies, including the Del Mar Representative to the San Diego County Water Authority Board.

A. City Advisory Committees

1. Council Liaison primary responsibilities include:
a. Assist with the recruitment of qualified volunteers and encourage them to apply to serve on the committee when vacancies occur, recognizing that the city’s goal is to have at least two qualified applicants for each position. b. Recruit another Council member to attend meetings in their place when the liaison is unable to attend.
c. Assist Committee Chairs with the following:
i. How to run a meeting;
ii. How to accommodate public testimony and input;
iii. How to prepare and distribute agendas, including review of draft agendas with the chair (A sample agenda is attached to use as a template);
iv. Clarifying the process for committee members and the public to get something on the committee agenda;
v. Ensuring that the committee stays on task;
vi. Knowing when city staff should, and should not, be asked for assistance.

Generally, simple requests for information from staff can be made directly by the chair or committee members while requests for staff work should go through the Liaison(s) who can carry them to the City Manager and staff for response;
vii. Establishing goals and a work plan for the committee each March in conjunction with the City’s budget and goal setting process. d. Inform and assist the committee as a whole including:
i. Understanding the city’s system of advisory committees including:

Exhibit A toATTACHMENT Attachment CA
13 September 18, 2023 Item 12

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
202

RESPONSIBILITIES AND EXPECTATIONS OF

COUNCIL LIASIONS TO CITY ADVISORY

COMMITTEES AND OF COUNCIL

REPRESENTATIVES TO OUTSIDE

AGENCIES
DATE REVISED: 11-19-2018
BY RESOLUTION: 2018-82
PAGES: 2 OF 4

1. Understanding the role of a committee member;

2. Understanding the scope of the committee’s charge;

3. Understanding the relationship between the committee, council, public, and city staff; and

4. Understanding any budgetary constraints applicable to the committee’s work.
e. Ensuring the committee stays on task and within the scope of its charter and mission, adopted council goals, and any direction provided by council. f. Ensuring the committee understands its role is advisory only. g. Assisting the committee in completing its advisory recommendations to Council in a timely manner.
h. Effectively communicating committee advisory recommendations to Council. i. Facilitating transition to a successor liaison when there is change. j. Where appropriate, advocating for committee recommendation.

2. Reporting:
a. To the committee. The liaison(s) to a committee should give a brief report to the committee at the beginning of each meeting covering:
i. Any recent actions of the City Council or upcoming Council agenda items relevant to the committee’s work; and
ii. Any recent actions of outside entities or governments, of which the liaison has knowledge, relevant to the committee’s work. b. To the Council, staff, and public. The liaison(s) should give a report, in public session, at council meetings covering:
i. Updates on the committee’s work;
ii. Identification, and discussion as appropriate, of any difficulties the committee is experiencing and recommendations for how assistance can be provided;
iii. Any committee actions/recommendations;
14 September 18, 2023 Item 12

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
202

RESPONSIBILITIES AND EXPECTATIONS OF

COUNCIL LIASIONS TO CITY ADVISORY

COMMITTEES AND OF COUNCIL

REPRESENTATIVES TO OUTSIDE

AGENCIES
DATE REVISED: 11-19-2018
BY RESOLUTION: 2018-82
PAGES: 3 OF 4
iv. Any specific requests from the committee for assistance, guidance, or other support; and
v. In addition to providing oral updates to the Council, written reports are encouraged for matters of importance as a written report can be included in the public agenda packet and accessible following the Council meeting. A sample form for such reports is attached.

3. Attendance:
a. Council Liaison attendance. It shall be the policy of the City Council that Council Liaison(s) assigned to Council advisory committees make it their goal to attend the advisory committee meetings. The liaison(s), in communication with the committee chair and each other, may determine whether one, both, or neither of the committee liaison(s) are needed at a particular committee meeting. It is also the goal of the City Council to promote the continued progress of the advisory committees and not require that a Council liaison be in attendance in order for that committee to meet.
b. Committee member attendance. Del Mar Municipal Code, Chapter 2.30 states that if a member of a commission, board, or committee is absent from three meetings within a 12-month period without cause, the term of said member is automatically vacated. Council liaison(s) shall work with committee chairs to determine whether absences are for cause and will notify the Administrative Services Department when a committee member has three or more absences without cause within a 12-month period.

B. Council or Council Appointed Representatives to Outside Agencies

1. Responsibilities:
a. Represent Del Mar to the outside agency, its staff, and to the public in conformance with the city’s goals, priorities, and objectives in a manner consistent with the city’s adopted policies and priorities and with any direction from council as a whole.
b. Attend meetings of the outside agency to which the Council member or appointee serves as a representative, securing the services of an alternate where possible on those occasions where the primary Council member or appointee is unable to attend.
c. Be diligent in reviewing agenda materials and preparing for meetings. 15 September 18, 2023 Item 12

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
202

RESPONSIBILITIES AND EXPECTATIONS OF

COUNCIL LIASIONS TO CITY ADVISORY

COMMITTEES AND OF COUNCIL

REPRESENTATIVES TO OUTSIDE

AGENCIES
DATE REVISED: 11-19-2018
BY RESOLUTION: 2018-82
PAGES: 4 OF 4
d. Speak up, orally or in writing, to the outside agency to represent Del Mar’s positions on issues relevant to Del Mar and be an advocate for Del Mar’s positions.

4. Reporting: The Council representative or appointee should report to the Council, staff, and public at council meetings as follows:
a. A summary of the outside agency’s activities since the prior report. b. Any specific actions, polices, or directions of the outside agency that affect Del Mar.
c. Any significant upcoming activities of the outside agency of potential interest to Del Mar.
d. On any outside agency committee or subcommittee changes affecting Del Mar. e. In addition to providing oral updates to the Council, written reports are encouraged for matters of importance as a written report can be included in the public agenda packet and accessible following the Council meeting. A sample form for such reports is attached.

5. Arranging Presentations. From time to time it may be appropriate for a Council liaison or appointee to an outside agency to arrange for a presentation by the agency to the full Council in a public meeting. When this seems appropriate, the following guidelines can be followed:
a. Bring the request to Council for discussion and concurrence before taking it up with the outside agency;
b. Work with the Mayor and staff to put the presentation on a Council meeting agenda; and
c. Work with the outside agency to assist them in preparing their presentation. 16 September 18, 2023 Item 12
TITLE 2 - ADMINISTRATION
Chapter 2.20 CITY COUNCIL
Del Mar, California, Municipal Code Created: 2023-08-03 10:25:06 [EST] (Supp. No. 8, Update 1)