Table of Contents
2023-10-2 Regular Meeting Agenda
Item 1 - Proclamation -California Clean Air Day
Item 2 - Minutes
Item 3 - List of Demands
Item 5 - ChargePoint Vehicle Chargers Warranty Coverage and Maintenance Contract Extension Item 6 - 2023 Alert & Warning MOA with County
Item 7 - Construction Contract for 25th Street Exterior Door Replacement Project Item 8 - Parks & Rec Appointment
Item 9 - Acceptance of Riverpath Property
Item 12 - Riverpath Phase III DRB and LC Permits
Item 14 - STR Report
Item 15 - Follow up to Referendum Agreement
Item 16 - Approval of Conceptual Design for 20th St Lifeguard Tower Driveway Item 17 - Approval of Design Alternative and Task Order for Hoska Alley Item 18 - Council Meeting Date
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Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.
Regular Meeting
Monday, October 2, 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 October 2, 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. Proclamation in Support For and Declaration of California Clean Air Day on October 4, 2023
Recommended Action: Mayor Martinez to present proclamation.
Reference: Clerk’s File No. 1201-5
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 18, 2023 Regular and Special Meeting, September 25, 2023 Special Meeting
Recommended Action: Approve Minutes.
Del Mar City Council Regular Meeting October 2, 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 October 2, 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. ChargePoint Electric Vehicle Charging Stations Warranty Coverage and Maintenance Contract Extension
Recommended Action: Staff recommends that the City Council: 1) Authorize the City Manager to execute a five-year network service and warranty extension through May 24, 2029, with the City’s electrical vehicle charging vendor, ChargePoint, in an amount not to exceed $22,350 (Attachment A); and 2) Amend the Fiscal Year 2023-2024 Operating and Capital Budget as indicated in the Fiscal Impact section of this report.
Reference: Clerk’s File No. 406-1
6. Alert and Warning Memorandum of Agreement between the County of San Diego and the City of Del Mar
Recommended Action: Staff recommends that the City Council: 1) Approve the Alert and Warning Memorandum of Agreement between the County of San Diego and the City of Del Mar (Attachment A); and 2) Authorize the City Manager to execute the Memorandum of Agreement.
Reference: Clerk’s File No. 406-1, 1503-5
7. Award of Construction Contract for 25th Street Lifeguard Tower Exterior Door Replacement Project
Recommended Action: Staff recommends that the City Council: 1) Award a $39,635 construction contract with CTT Contemporary Furniture Incorporated (CTT Furniture) for the 25th Street Lifeguard Tower Exterior Door Replacement Project (Project) (Attachment A); 2) Approve a project contingency of $5,000; and 3) Authorize the City Manager to execute the contract and any contract changes necessary to complete the work.
Reference: Clerk’s File No. 406-1
Del Mar City Council Regular Meeting October 2, 2023
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
8. Parks and Recreation Committee Appointment
Recommended Action: The City Council Liaisons to the Parks and Recreation Committee recommend that the City Council appoint Ann Feeney as a voting member to the Committee to serve the balance of a vacant term starting October 2, 2023, and ending on January 1, 2024.
Reference: Clerk’s File No. 401-5
9. Purchase of Real Property Related to the Del Mar Riverpath Phase 3 Project Recommended Action: Staff recommends that the City Council: 1) Approve a Purchase & Sale Agreement (Attachment A) for the purchase of Assessor Parcel Number (APN) 299-200-51 (Property); 2) Adopt a Resolution (Attachment B) authorizing recordation of a Certificate of Acceptance (Attachment C) and a Grant Deed (Attachment D) to purchase real property known as APN 299-200-51; and 3) Authorize the City Manager to execute and record documents necessary to facilitate acquisition of the Property.
Reference: Clerk’s File No. 702-1
X. PUBLIC HEARING
10. Continued to October 16, 2023 Council Meeting: Introduce Updated Accessory Dwelling Unit (ADU) Ordinance, Including Provisions for Tiny Homes
Reference: Clerk’s File No. 303-1, 304-7, 401-4, 401-9
11. Continued to October 16, 2023 Council Meeting: Introduce Updated ADU Incentive Program Ordinance (Uncodified)
Reference: Clerk’s File No. 303-1, 304-7, 401-4
12. Riverpath Del Mar Extension Project Phase 3 Design Review Permit, Land Conservation Permit, and Final Design Acceptance
Recommended Action: Staff recommends that the City Council: 1) Adopt a Resolution (Attachment A) conditionally approving Design Review Permit DRB23- 008 and Land Conservation Permit LC23-003 for the construction and associated grading of the Riverpath Del Mar Extension Project Phase 3; and 2) Accept the Final Design.
Reference: Clerk’s File No. 301-5
Del Mar City Council Regular Meeting October 2, 2023
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XI. COUNCIL MEETING RECESS
XII. CITY COUNCIL OTHER BUSINESS
13. Continued to October 16, 2023 Council Meeting: Resolution to Adopt ADU Amnesty Program/Policy
Reference: Clerk’s File No. 303-1, 304-7
14. Discussion of Regulatory Framework Examples and Policy Direction for Short Term Rental Regulation
Recommended Action: Staff recommends that the City Council review a summary of short-term rental regulations from other jurisdictions (Attachment A) and provide direction to staff to develop new draft short term rental (STR) policies and regulations for the City of Del Mar.
Reference: Clerk’s File No. 301-19
15. City Council Consideration of Follow Up Actions Pursuant to the Agreement for Withdrawal of the Referendum Against City Ordinance 973 Relating to Allowable Land Use and Development in the North Commercial Zone Including Short Term Rentals and Condominium Conversions Recommended Action: It is requested that the City Council consider two follow up actions pursuant to the Agreement executed between the City of Del Mar and Del Mar Hillside Community Group for withdrawal of the Referendum (Attachment A) against the adopted North Commercial Zone Housing ElementRelated Ordinance 973 as follows:
• Consider whether to prohibit Condominium Conversions of market rate units developed pursuant to “by-right” development in the North Commercial Zone (NC Zone) as part of the Housing Element Program 4E (Condominium Conversions) code amendments that will be clarified in conjunction with the Inclusionary Housing ordinance currently in process via Housing Element Program 4D; and
• Consider whether to prohibit Short Term Rentals (STRs) in any “by-right” development project in the NC Zone as part of implementation of the special project currently in process to establish new citywide STR regulations and implement Housing Element Program 5C.
Staff recommends that the City Council defer any decisions on limits for Condominium Conversions and STRs in the NC Zone to coincide with the citywide policy discussions and decisions that are forthcoming related to those respective special projects in process.
Del Mar City Council Regular Meeting October 2, 2023
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 301-19, 302-7
16. Approval of Conceptual Design for the 20th Street Lifeguard Tower Driveway Project
Recommended Action: Staff recommends that the City Council approve the conceptual design for the 20th Street Lifeguard Tower Driveway Project (Attachment A).
Reference: Clerk’s File No. 102-4, 103-6
17. Approval of Recommended Design Alternative (Phase I) and Task Order with Michael Baker International to Perform Engineering Design Services (Phase II) for the Hoska Alley Project
Recommended Action: Staff recommends the City Council: 1) Approve further design of Alternative 2 from the Phase I Hoska Alley Developmental Alternatives Analysis (Attachment A); 2) Approve a $41,100 Task Order (Attachment B) with Michael Baker International (MBI) to proceed with Phase II Final Plans, Specifications, and Estimate (PS&E) for the development of Hoska Alley; and 3) Authorize the City Manager to execute the Task Order.
Reference: Clerk’s File No. 406-1
18. Consideration of City Council Meeting Schedule Change Recommended Action: Mayor Martinez and Councilmember Worden recommend that the City Council evaluate the current meetings days, which are the 1st and 3rd Mondays of each month, as set forth in the Del Mar Municipal Code (DMMC) and discuss whether there is an interest among a majority of the Council to implement changes.
Reference: Clerk’s File No. 401-1
XIII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.
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) Del Mar City Council Regular Meeting October 2, 2023
Agenda Page 7
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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
XIV. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A. 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
XV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.
Del Mar City Council Regular Meeting October 2, 2023
Agenda Page 8
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us October 16, 2023
Lease Agreement between NCTD and City of Del Mar for Parcel 299-100-3300 (San Dieguito Parking Lot)
First Amendment to Agreement with Stephen Dalton Architects for As-Needed Architectural Services Appointment to Finance Committee and Resolution to Amend the Finance Committee Charter to Reduce the Membership
Introduce Updated Accessory Dwelling Unit (ADU) Ordinance, Including Provisions for Tiny Homes Introduce Updated ADU Incentive Program Ordinance (Uncodified) Utility Undergrounding District 1B Formation
Adoption of the 2024 City Council Meeting Schedule
Resolution to Adopt ADU Amnesty Program/Policy
Utility Undergrounding Program Update
Utility Undergrounding District 1A & X1A Task Order Amendments Initial Consideration Appeal of Encroachment Permit EP 22-101 XVI. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 28th day of September, 2023 at approximately 9:45 a.m.
___________________________________________ 9/28/2023
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
City of Del Mar
<P<l{OCL}I:M}l rfl ON
Support for and Declaration of Callfornla Clean Air Day October 4, 2023
Whereas, the City of Del Mar is committed to the health of our residents, workforce, visitors, and community at large; and
Whereas, air pollution contributes to higher rates of cancer and heart and lung diseases, which adversely affect public health; and
Whereas, California has some of the worst air quality in the United States; and Whereas, it is vital the we protect the health and well-being of our residents, visitors, and workforce; and
Whereas, individual actions such as not idling vehicles, walking or biking to work and school, carpooling and conserving_\enef~y c~n dir,ectly improve air quality in our region; and 1
Whereas, City employees, veAders and elected officials have tremendous power to help lower emissions;\and · 1 .• ,: \ J )
) -· , • *
Whereas, pledges115y irlcJividuals have shown to result in action; and ' I
Whereas, educatioof tabq,ut ai( -quality can raise community awareness, encourages our community to develop·Better habits, and improve our community health; and
Whereas, Californians will be1'j6.ining togetheMcrbss the state to clear the air on October 4, 2023. · ' · ·
NOW, THEREFORE, BE IT HEREBY PROCLAIMED by the City of Del Mar that the first Wednesday of October be declared "Clean Air Day" and that the City encourages all residents, businesses, employees, and community members to participate in Clean Air Day, take the clean air pledge, and help clear the air for all Californians.
Dated: October 2, 2023
Tracy Martinez, Mayor
City of Del Mar
1 October 2, 2023 Item 01
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 18, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.
CALL TO ORDER
Mayor Martinez called the Regular Meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor Dan Quirk; Councilmembers Dave Druker, Terry Gaasterland, and Dwight Worden
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that all members of the City Council were present for closed session meeting on September 18, 2023, with Deputy Mayor Quirk arriving shortly after the start of the meeting at 2:46 p.m. and otherwise being available for the rest of the meeting. She reported that there were no reportable actions for any closed session items and that for Items D and E Councilmember Druker was recused due to living within 500 feet of the subject matter of the discussion.
PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Martinez opened public oral communications and Ken Olson spoke regarding the Carmel Valley Precise Plan (CVPP). Mayor Martinez closed public oral communications.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Worden reported on the Del Mar Foundation’s annual picnic held on Sunday, September 17, 2023, and upcoming League of California Cities Annual Conference that he will attend on behalf of the North County Coastal Cities group. Councilmember Druker reported that he was wearing a hat during the City Council meeting due to a recent 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 Druker also reported that he presented a proclamation at the Top Tech Awards held at the Del Mar Fairgrounds on September 13, 2023. Mayor Martinez reported on the Rotary Club of Del Mar’s Sunset Soiree Gala and auction on September 12, 2023. Mayor Martinez also reported on the City’s opposition letter submitted on Senate Bill (SB) 423 which passed the State Senate and the house and is currently on the Governor’s desk for signature. Deputy Mayor Quirk reported on a Union Tribune article related to the City of San Diego.
1 October 2, 2023 Item 02
City Council Regular Minutes
September 18, 2023
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on repairs of traffic signal conduits and wires on Via de la Valle and Jimmy Durante Boulevard occurring in the evening of September 18,19, and 26, 2023; City receiving the San Diego Association of Governments (SANDAG) Platinum Tier Diamond Award for its employee commuter program; upcoming SANDAG LOSSAN Rail Realignment Project presentation and workshop in the Del Mar Town Hall on October 4, 2023, from 6:00-7:30 p.m.; planned southbound lane closure on Camino del Mar related to the Hillstone project construction on September 26, 2023; and short-term rental regulations that will be presented to the City Council on October 2, 2023.
PRESENTATIONS
ITEM 1: CHECK PRESENTATION FROM ASSEMBLYMEMBER TASHA BOERNER FOR $500,000 IN SAND REPLENISHMENT PROJECT FUNDING (CLERK’S FILE NO. 1404- 1, 1404-2)
Mayor Martinez introduced the item. Assemblymember Tasha Boerner, who represents Assembly District 77, presented the City with a $500,000 check for sand replenishment project funding.
Council discussion focused on appreciation for Assemblymember Boerner’s efforts to secure the funding.
There were no public speakers for the item.
CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.
IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY COUNCILMEMBER DRUKER TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 7 AND 9.
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: SEPTEMBER 5, 2023 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED SEPTEMBER 18, 2023 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 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 (CLERK’S FILE NO. 401-4, 401-9, 905-3) 2 October 2, 2023 Item 02
City Council Regular Minutes
September 18, 2023
Council adopted Ordinance 999, “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”, on consent.
ITEM 6: SECOND READING AND ADOPTION 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)
Council adopted Ordinance 1000, “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”, on consent.
ITEM 7: AGREEMENT WITH NORTH COUNTY EVS, INC. FOR FIRE ENGINE MAINTENANCE AND AS-NEEDED REPAIR SERVICES (CLERK’S FILE NO. 406-1, 1101-8) Council approved a Professional Services Agreement with North County EVS, Inc. to provide fire engine maintenance and as-needed repair services; and authorized the City Manager to execute the Agreement, on consent.
ITEM 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 (CLERK’S FILE NO. 406-1, 803-3)
A brief presentation was provided by Public Works Director Joe Bride. Mayor Martinez opened the item to public comment and Monica Meredith spoke in support of the project.
Mayor Martinez closed the item to public comment. City Council questioned focused on the timeline for the project; whether the cause of the landslide that occurred in 2019 had been determined; and types of retaining walls being considered.
IT WAS MOVED BY COUNCILMEMBER DRUKER AND SECONDED BY
COUNCILMEMBER GAASTERLAND TO APPROVE A $12,600 TASK ORDER WITH
MICHAEL BAKER INTERNATIONAL (MBI) TO CONDUCT SURVEY AND MAPPING SERVICES; APPROVE A $29,800 TASK ORDER WITH BARNETT QUALITY CONTROL SERVICES, INC. DBA NOVA SERVICES, INC. (NOVA) TO CONDUCT GEOTECHNICAL SERVICES; AUTHORIZE THE CITY MANAGER TO EXECUTE THE
TASK ORDERS FOR MBI AND NOVA RELATED TO THE JIMMY DURANTE BOULEVARD BLUFF PROJECT; AND AMEND THE FISCAL YEAR (FY) 2023-2024 3 October 2, 2023 Item 02
City Council Regular Minutes
September 18, 2023
OPERATING AND CAPITAL BUDGET AS DESCRIBED IN THE FISCAL IMPACT SECTION OF THIS REPORT. (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 9: AUTHORIZATION FOR ELECTRONIC SIGNATURE USE ON OFFICIAL CITY DOCUMENTS (CLERK’S FILE NO. 203-1)
Council adopted Resolution 2023-34, “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”, on consent.
CITY COUNCIL OTHER BUSINESS
ITEM 10: RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3 DESIGN REVIEW AND AUTHORIZATION TO APPLY FOR STATE AND COUNTY GRANTS (CLERK’S FILE NO. 803-3)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Principal Engineer Karen Falk and Senior Engineer with Michael Baker International (MBI) Geoffrey Retemeyer.
MBI Vice President Tim Thiele and Public Works Director Joe Bride were available to answer questions.
Council questions focused on the proposed fencing along the lagoon; engineer’s estimate for the Riverpath Del Mar Extension Project Phase 3 (Project); process for developing the engineer’s estimate; clarifications on the costs included in various line items in the engineer’s estimate for the Project; Project construction timeline and bird nesting season; longevity of the boardwalk structure; Lagoon Committee recommendation related to expansion of the Project’s fencing; height of the fencing; status and potential future use of the boardwalk planks previously removed from the Lagoon restoration area; mitigation area and plan; and grant funding applications.
Mayor Martinez opened the item to public comment and Dean Meredith spoke. Mayor Martinez closed the item to public comment.
Council discussion focused on the engineer’s cost estimate; material and labor costs; support for the City’s pursuit of the grant applications; fencing options; differential between the 90% and 100% design; bidding process for public projects; support for the Project; rational for staff’s recommendation regarding the expanded Project fencing; desire to protect the Lagoon habitat; importance of the Council’s role related to fiscal responsibility in regards to public projects; and trust and confidence in staff and MBI for their preparation of the design and engineer’s estimate.
IT WAS MOVED BY COUNCILMEMBER DRUKER AND SECONDED BY COUNCILMEMBER
GAASTERLAND TO DIRECT STAFF TO RETURN TO THE COUNCIL FOR FINAL DESIGN AND NECESSARY PERMIT APPROVALS; ADOPT RESOLUTION 2023-35, “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; ADOPT A RESOLUTION 2023-36, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AUTHORIZING THE APPLICATION FOR 4 October 2, 2023 Item 02
City Council Regular Minutes
September 18, 2023
GRANT FUNDS FROM THE STATE COASTAL CONSERVANCY FOR THE RIVERPATH DEL MAR EXTENSION PROJECT PHASE 3; ADOPT RESOLUTION 2023-37, “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”; AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
City Council consensus was to direct staff to look into the suggestions raised by Dean Meredith related to the stainless steel cable for the fencing and composite wood for the boardwalk.
ITEM 11: AGREEMENT FOR FISCAL YEAR 2023-2024 STREET SWEEPING SERVICES AND
CONSIDERATION OF SHORT AND LONG-TERM PROGRAM ALTERNATIVES (CLERK’S FILE NO. 406-1)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Public Works Director Bride. Public Works Operations Manager Mike D’Aquila and City storm water consultant Principal Engineer Mikhail Ogawa with Mikhail Ogawa Engineering (MOE) were available to answer questions.
Council questions and discussion focused on red dot comments received related to street sweeping on Coast Boulevard and Stratford Court; whether 15th Street east of Camino del Mar was included in the proposed scope of work; whether Ocean Ave from 13th to 15th Street is included in the proposed scope of work; maintenance of the City Hall parking structure and surface lot; street sweeping at the Fairgrounds and for related events; whether the City can pursue other methods besides street sweeping to prevent pollutants from entering in the storm drain system; and amount of debris removed by street sweeping.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER DRUKER AND SECONDED BY COUNCILMEMBER GAASTERLAND TO APPROVE STAFF’S RECOMMENDATION AS AMENDED BY THE STAFF RED
DOT INCLUDING AN AGREEMENT WITH SWEEPING CORPORATION OF AMERICA (SCA) TO PERFORM STREET SWEEPING SERVICES FOR FISCAL YEAR (FY) 2023-2024 IN AN AMOUNT NOT-TO-EXCEED $56,000; AUTHORIZE THE CITY MANAGER TO NEGOTIATE THE AGREEMENT
TERMS WITHIN THE COUNCIL APPROVED SCOPE OF SERVICES INCLUDING ADDITIONAL AREAS OUTLINED IN THE RED DOT AND OCEAN AVENUE FROM 13TH STREET TO 15TH STREET;
AND AUTHORIZE CITY STAFF TO PARTICIPATE IN A REGIONAL RFP WITH OTHER SAN DIEGO MUNICIPALITIES TO SOLICIT PROPOSALS FOR STREET SWEEPING SERVICES. (VOTE 5-0) Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
ITEM 12: ESTABLISHMENT OF COUNCIL POLICY RELATED TO THE ROLES &
RESPONSIBILITIES OF THE COUNCIL-APPOINTED MAYOR AND DEPUTY MAYOR (CLERK’S FILE NO. 101-2, 401-1)
A presentation was provided by Mayor Martinez and Councilmember Druker. 5 October 2, 2023 Item 02
City Council Regular Minutes
September 18, 2023
Council questions and discussion focused on the Mayor’s role of ensuring equal opportunity for fair and equitable participation at meetings for all Councilmembers and the public; City’s efforts to develop policies related to City Council roles, processes and procedures; required time commitment associated with being Mayor; critical importance of the Mayor representing the City Council’s position publicly, even if it conflicts with the Mayor’s personal position on a given issue; and difference between a Council appointed versus elected Mayor.
There were no public speakers for item.
IT WAS MOVED BY COUNCILMEMBER DRUKER AND SECONDED BY MAYOR MARTINEZ TO APPROVE RESOLUTION 2023-38, “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” WITH THE REVISION TO SECTION II(A)1 OF THE POLICY TO READ, “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 EQUAL OPPORTUNITY FOR PARTICIPATION
AMONG THE COUNCIL AND MEMBERS OF THE PUBLIC, AS WELL AS ENSURING DECORUM BY MEMBERS OF THE COUNCIL AND PUBLIC CONSISTENT WITH THE CITY’S ADOPTED CODE OF CIVIL DISCOURSE AND COUNCIL POLICY.” (VOTE 5-0)
Ayes: Mayor Martinez, Deputy Mayor Quirk, and Councilmembers Druker, Gaasterland and Worden; Noes: 0; Absent: 0; Abstain: 0.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the SANDAG Shoreline Working Group; Parks and Recreation Committee; SANDAG Board; SANDAG Audit Committee; 22nd Agricultural District Community Relations Committee; round table discussion on homelessness hosted by Supervisor Nora Vargas; Del Mar Community Connections; Clean Energy Alliance; and Traffic and Parking Advisory Committee.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 7:03p.m.
Sarah Krietor, Administrative Services Manager/
City Clerk
6 October 2, 2023 Item 02
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
SEPTEMBER 18, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
Mayor Martinez called the meeting to order at 2:30 P.M.
ROLL CALL
Present: Mayor Tracy Martinez; and Councilmembers Dave Druker, Terry Gaasterland and Dwight Worden. Deputy Mayor Quirk arrived shortly after the start of the meeting at 2:46 p.m.
CLOSED SESSION
A) Conference with Legal Counsel – Existing Litigation
North County Transit District (NCTD) – Verified Petition for Declaratory Order Surface Transportation Board Finance Docket No. 36433
Authority: Government Code section 54956.9(d)(1)
Reportable Action: None.
B) Conference with Legal Counsel – Significant Exposure to Litigation Number of Cases: Two
Description: Liabilities related to NCTD right-of-way; City Regional Housing Needs Assessment (RHNA) Allocation – State Employment Development Department (EDD) Data
Authority: Government Code section 54956.9(d)(2)
Reportable Action: None.
C) Conference with Legal Counsel – Initiation of Litigation Number of Cases: One
Description: City RHNA Allocation - EDD Data
Authority: Government Code section 54956.9(C)
Reportable Action: None.
D) 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 from participating in this item due to living with 500 feet of the subject matter of that discussion.
E) Real Property Negotiations
Property: Winston School, 215 9th Street, Del Mar, CA 92014 Negotiating Parties: City of Del Mar and Winston School 7 October 2, 2023 Item 02
SPECIAL MEETING MINUTES
September 18, 2023
Under Negotiation: Price, terms of lease payment
Authority: Government Code Section 54956.8
Reportable Action: None Councilmember Druker was recused from participating in this item due to living with 500 feet of the subject matter of that discussion.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 3:58 P.M.
Sarah Krietor, Administrative Services Manager/
City Clerk
8 October 2, 2023 Item 02
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
SEPTEMBER 25, 2023
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
Mayor Martinez called the meeting to order at 4:00 P.M.
ROLL CALL
Present: Mayor Tracy Martinez; Councilmembers Dave Druker, Terry Gaasterland and Dwight Worden. Absent: Deputy Mayor Dan Quirk
CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Personnel Matter
Authority: Government Code Section 54956.9(b)
Reportable Action: None.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 5:40 P.M.
Sarah Krietor, Administrative Services Manager/
City Clerk
9 October 2, 2023 Item 02
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Michael Luna, Special Projects & Programs Manager Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: October 2, 2023
SUBJECT: ChargePoint Electric Vehicle Charging Stations Warranty Coverage and Maintenance Contract Extension
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Authorize the City Manager to execute a fiveyear network service and warranty extension through May 24, 2029, with the City’s electrical vehicle charging vendor, ChargePoint, in an amount not to exceed $22,350 (Attachment A); and 2) Amend the Fiscal Year 2023-2024 Operating and Capital Budget as indicated in the Fiscal Impact section of this report.
DISCUSSION/ANALYSIS:
On February 5, 2018, the City Council authorized the City Manager to purchase and install five (5) electric vehicle (EV) charging stations at the Del Mar Civic Center with the vendor ChargePoint. Additionally, the authorization included a five-year agreement with ChargePoint for network support and warranty of the EV charging stations owned by the City.
In order for the City to manage and process payment at all City-owned ChargePoint EV stations (three stations at City Hall and one station at the Beach Safety Center), support software called “ChargePoint Cloud Plan” is required. ChargePoint Cloud Plan provides the tools necessary to actively monitor and manage all stations. The ChargePoint Cloud Plan is exclusively licensed by ChargePoint and there are no other options for EV station management software.
Additionally, ChargePoint offers a warranty and maintenance plan called “ChargePoint Assure”. ChargePoint Assure is a comprehensive EV station maintenance and management program. Assure covers everything needed to keep the City’s ChargePoint EV charging stations operational. Under the Assure plan, ChargePoint assumes all responsibility for fixing hardware issues by providing parts, labor and orchestration of repairs by expert support specialists.
1 October 2, 2023 Item 05
City Council Agenda Report
ChargePoint Warranty Coverage and Maintenance Contract Extension October 2, 2023
Both the ChargePoint Cloud Plan and ChargePoint Assure were originally included for an initial five-year term after the City’s purchase and installation of the EV stations. On May 24, 2023, both products expired and were renewed for a one-year term, expiring on May 24, 2024, to support EV operations in the interim until a new five-year extension could be executed. If the recommended extension is approved, the new expiration date for these services would be May 24, 2029, and the City will realize a 17.64% savings for entering into a five-year extension versus a one-year extension.
ChargePoint is the only developer of software to manage its infrastructure, which includes the EV chargers installed in the City. Additionally, ChargePoint’s Assure warranty coverage is exclusively provided by ChargePoint and no other vendor. ChargePoint is in a unique position as the sole source provider for the management and warranty of its products. As such, staff recommends that the City Council authorize the City Manager to execute a five-year network service and warranty extension (Attachment A) with the City’s electrical vehicle charging vendor, ChargePoint, in an amount not to exceed $22,350, under Del Mar Municipal Code 7.04.090(B) Sole Source Exemption from Bidding. It is also recommended that the City Council amend the Fiscal Year 2023-2024 Operating Capital Budget in the amount of $17,350, as further described in the Fiscal Impact section below.
FISCAL IMPACT:
The approved Fiscal Year 2023-24 Operating and Capital Budget includes $5,000 to cover the cost of the first year of a five-year extension. However, ChargePoint requires an upfront payment for the full term of the extension; therefore, an additional allocation of $17,350 in funding is required from the City’s General Fund as shown below.
ENVIRONMENTAL IMPACT:
The continued maintenance and operation of EV charging stations supports the City’s Climate Action Plan goal of reducing Del Mar’s greenhouse gas emissions by encouraging the driving of clean air, non-combustion vehicles. This activity is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA State Guidelines, Section 15301 (b) in that the action involves the operation, repair, and maintenance of existing publicly owned EV Charging facilities.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not related to the City Council Goals and Priorities.
ATTACHMENTS:
Attachment A – ChargePoint Cloud Plan & Assure Maintenance & Management Renewals – Five-Year Extension
PROGRAM FUND ACCOUNT AMOUNT
Contractual Services General Fund 01.5854.3200 $17,350
2 October 2, 2023 Item 05
ChargePoint Renewal Quote
Quotation
ChargePoint, Inc.
Driving a Better Way™
chargepoint.com \i2\
Sales Representative: Iris Guillardo Quote Number: Q-285397-5 E-Mail: [email protected] Date: 9/19/2023
Telephone: 669-221-1061 Expires On: 10/9/2023
ChargePoint Org Name: City of Del Mar
Primary Contact: Michael Luna ChargePoint Org: NA013347 ChargePoint Cloud Plan Renewals
\CP_F_O1TP_{r}\ \CP_C_F_O1TP\ \CP_F_O2TP_{r}\ \CP_C_F_O2TP\ \CP_F_O3TP_{r}\ \CP_C_F_O3TP\#160;\SV_F_TP_{r}\ \CP_F_TTP\ \CP_C_F_O1RBV\ \CP_C_F_O2RBV\ \CP_C_F_O3RBV\ \CP_F_RBSV_{r}\ Select One Option:
Option 1 Option 2 Option 3
\RB_CP_O1P_{r}\ \RB_CP_O2P_{r}\ \RB_CP_O3P_{r}\
Total Ports : 6
Expires On : 5/24/2025
Total Price : USD 2,064.00
Total Ports : 6
Expires On : 5/24/2027
Total Price : USD 5,934.00
Total Ports : 6
Expires On : 5/24/2029
Total Price : USD 8,808.00
ChargePoint Assure Maintenance & Management Renewals
\AM_F_O1TP_{r}\ \AM_C_F_O1TP\ \AM_F_O2TP_{r}\ \AM_C_F_O2TP\ \AM_F_O3TP_{r}\ \AM_C_F_O3TP\ \AM_C_F_O4TP\ \AM_F_TTP\ \AM_C_F_O1RBV\ \AM_C_F_O2RBV\ \AM_C_F_O3RBV\ \AM_C_F_O4RBV\ \AM_F_RBSV_{r}\ \SV_F_TP_{r}\ Select One Option:
Option 1 Option 2 Option 3
\RB_AM_O1P_{r}\ \RB_AM_O2P_{r}\ \RB_AM_O3P_{r}\
Total Stations : 4
Expires On : 5/24/2025
Total Price : USD 3,232.00
Total Stations : 4
Expires On : 5/24/2027
Total Price : USD 9,288.00
Total Stations : 4
Expires On : 5/24/2029
Total Price : USD 13,540.00
\RB_AM_O4P_{r}\ I decline ChargePoint Assure
Total (before taxes): \CurISO_{r}\ \QT_F_TP\
© 2023 ChargePoint, Inc.
240 East Hacienda Avenue, Campbell, CA 95008 USA
ATTACHMENT A
3 October 2, 2023 Item 05
Cloud Plan Details
COMMERCIAL:
CPCLD-COMMERCIAL-REN
Prepaid coterminous renewal Commercial Cloud Plan. Includes Secure Network Connection, On-going Station Software updates, Station Inventory, 24x7 Driver Support, Host Support, Session Data and Analytics, Fleet Vehicle Management and Integration, Fleet Access Control, Valet Dashboard, Power Management (Circuit, Panel, Site Sharing), Scheduled Charging, Driver Access Control, Pricing and Automatic Funds Collection, Waitlist, Videos (on supported hardware).
Assure Maintenance & Management Details
Assure Maintenance & Management includes:
CT4000-ASSURE-REN
Prepaid coterminous renewal of ChargePoint Assure for CT4000 stations. Includes Parts and Labor Warranty, Remote Technical Support, On-Site Repairs when needed, Unlimited Configuration Changes, and Reporting.
Quote Acceptance
+ All invoices are: Net 30 days or prepaid.
+ The provision of cloud services described in this agreement is subject to the terms and conditions of the Master Services and Subscription Agreement between the parties.
+ All pricing confidential between Customer and ChargePoint. + Prices do not include tax where applicable. This quote is subject to sales tax based on the state or province in which the goods or services will be delivered. Sales tax will be included at time of invoice and is non-negotiable. + Purchaser confirms that the shipping and billing information provided in the Quotation is accurate for ChargePoint's shipping and invoicing purposes.
+ Customer to be invoiced at time of shipment
+ Additional purchase terms and conditions can be found at http://www.chargepoint.com/termsandconditions + Additional terms and conditions for ChargePoint Assure can be found at http://www.chargepoint.com/legal/assure By signing this quote I hereby acknowledge that I have the authority to purchase the product detailed on this document on behalf of my organization. Furthermore, I agree to the terms and conditions set forth above and that this signed quote shall act as a purchase order.
Signature: \s1\
Name (Print): \FN_1\
Title: \t_1\
Company Name: \CompanyName_{r}\
Date: \d1\
Accounts Payable Contact Name: \AccountPayableContactName_{r}\ Accounts Payable Contact E-Mail: \AccountsPayableContactEmail_{r}\ Bill To Address:
\IS1\
Name: \BillToName_{r}\
Street: \BillToStreet_{r}\
City: \BillToCity_{r}\
State: \BillToState_{r}\ Postal Code: \BillToPostalCode_{r}\ Country: \BillToCountry_{r}\
© 2023 ChargePoint, Inc.
240 East Hacienda Avenue, Campbell, CA 95008 USA
4 October 2, 2023 Item 05
Renewal Details
Cloud Plan Renewals Option 1 Option 2 Option 3
Station Name
Station S/N
Station
Location
Plan Type Token S/N Expiration
Date
Co-Term
Exp Date
Co-Term
Price
Co-Term
Exp Date
Co-Term
Price
Co-Term
Exp Date
Co-Term
Price
CITY OF DEL
MAR / STATION 3
154041004529
1050 Camino
Del Mar Del Mar
California 92014
COMMERCIAL REN1675103392690 05/24/24 05/24/25 344.00 05/24/27 989.00 05/24/29 1,468.00
CITY OF DEL
MAR / STATION 2
190341002292
1050 Camino
Del Mar Del Mar
California 92014
COMMERCIAL REN1675103392691 05/24/24 05/24/25 344.00 05/24/27 989.00 05/24/29 1,468.00
CITY OF DEL
MAR / STATION 3
154041004529
1050 Camino
Del Mar Del Mar
California 92014
COMMERCIAL REN1675103392693 05/24/24 05/24/25 344.00 05/24/27 989.00 05/24/29 1,468.00
CITY OF DEL
MAR / STATION 1
180241000656
1050 Camino
Del Mar Del Mar
California 92014
COMMERCIAL REN1675103392692 05/24/24 05/24/25 344.00 05/24/27 989.00 05/24/29 1,468.00
CITY OF
DEL MAR /
STATION 4 - BSC
185041032965
1700 Coast
Blvd Del Mar
California 92014
COMMERCIAL REN1675103392695 05/24/24 05/24/25 344.00 05/24/27 989.00 05/24/29 1,468.00
CITY OF DEL
MAR / STATION 1
180241000656
1050 Camino
Del Mar Del Mar
California 92014
COMMERCIAL REN1675103392696 05/24/24 05/24/25 344.00 05/24/27 989.00 05/24/29 1,468.00 Assure Maintenance & Management Renewals Option 1 Option 2 Option 3 Station Name
Station S/N
Station
Location
Plan Type Token S/N Expiration
Date
Co-Term
Exp Date
Co-Term
Price
Co-Term
Exp Date
Co-Term
Price
Co-Term
Exp Date
Co-Term
Price
CITY OF DEL
MAR / STATION 3
154041004529
1050 Camino
Del Mar Del Mar
California 92014
ASSURE RXSJ1675103392688 05/24/24 05/24/25 808.00 05/24/27 2,322.00 05/24/29 3,385.00
CITY OF DEL
MAR / STATION 1
180241000656
1050 Camino
Del Mar Del Mar
California 92014
ASSURE RXSJ1675103392689 05/24/24 05/24/25 808.00 05/24/27 2,322.00 05/24/29 3,385.00
CITY OF DEL
MAR / STATION 2
190341002292
1050 Camino
Del Mar Del Mar
California 92014
ASSURE RXSJ1675103392694 05/24/24 05/24/25 808.00 05/24/27 2,322.00 05/24/29 3,385.00
CITY OF
DEL MAR /
STATION 4 - BSC
185041032965
1700 Coast
Blvd Del Mar
California 92014
ASSURE RXSJ1675103392697 05/24/24 05/24/25 808.00 05/24/27 2,322.00 05/24/29 3,385.00 © 2023 ChargePoint, Inc.
240 East Hacienda Avenue, Campbell, CA 95008 USA
5 October 2, 2023 Item 05
ChargePoint Assure
Industry-leading support, maintenance and warranty deliver peace of mind.
ChargePoint® Assure is the most comprehensive EV station maintenance and management program. Assure covers
everything needed to keep ChargePoint electric vehicle (EV) charging stations up and running. With Assure, ChargePoint takes responsibility for fixing hardware issues by providing parts, labor and orchestration of repairs by expert support specialists. Proactive monitoring, regular reports and unlimited changes to station policies are included with Assure, as well as one business day response to requests and a 98% annual uptime guarantee. You can also get professional guidance when configuring your stations to make the most of EV charging.
ChargePoint EV charging stations are the most advanced
and reliable in the world, but site conditions can change, wear and tear occurs, and accidents or equipment failures can happen. High-quality service and support start with high-quality products, site preparation and installation, but these elements alone aren’t enough. Assure is so much more than a warranty. It is the most comprehensive EV station maintenance and management program. With Assure, you
don’t have to spend time figuring out how to fix or maintain your station. It’s always ready to charge so you get a good return on your investment.
What Does Assure Include?
Stay on Top of Operations with Proactive Monitoring
+ Find out about problems before your drivers do with
remote monitoring
+ Get 98% annual station uptime with a non-performance penalty for outages caused by station hardware or software failures + Keep your stations up and running with proactive
troubleshooting and dispatch services
+ Fix problems with on-site labor that ChargePoint dispatches and manages
+ Call us during business hours (5 AM – 6 PM Pacific) for expert support
Count On a Fast Fix with One-Business-Day
Response Time
+ We respond to all issues within one business day
+ ChargePoint certified technicians will be onsite to repair your station within one business day of receiving any required parts + U.S.–based support specialists coordinate all repairs Rest Easy with the Industry’s Leading Parts and
Labor Warranty
+ We offer the EV charging industry’s first and most
comprehensive warranty for parts and on-site labor
+ We cover labor to repair issues that often aren’t covered under warranty, such as vandalism, auto accidents and
excessive wear and tear
Optimize with Expert Advice and Unlimited Changes
+ U.S.–based EV charging experts advise you on best practices for station configuration and management in your region and industry
+ Our team makes unlimited station configuration and policy changes for you, so you can control access to your station, set charging rates and make adjustments based on driver behavior Get a Glimpse into Driver Behavior with
Robust Reporting
+ See how your stations are being used in an easy-to-read format with monthly summaries
+ Prove success and make improvements with quarterly
reports on station utilization, performance, energy usage and environmental impact
+ Compare your station use with organizations like yours What Does Assure Require?
Because installation quality affects the long-term reliability and availability of EV charging stations, ChargePoint requires that all stations covered by Assure are validated to ensure they meet installation specifications. Validation is performed on-site and includes inspection of power availability, panel, breaker and wiring; confirmation of cellular and local network coverage (through WiFi) and verification that all ChargePoint installation requirements are met. Choose one of the following ways to validate stations and activate Assure:
1. Authorized ChargePoint operations & maintenance (O&M) partners who perform site preparation and station installation will automatically validate the stations and enable Assure.
2. Authorized ChargePoint reseller partners certified to perform self-validation may validate station installations and enable Assure.
3. When independent or in-house installers are used, validation may be purchased from either of the partners above. After the partner successfully validates site preparation and station installation, Assure is enabled.
6 October 2, 2023 Item 05
ChargePoint Assure
ChargePoint, Inc.
240 East Hacienda Avenue
Campbell, CA 95008-6617 USA
+1.408.841.4500 or
+1.877.370.3802 US and Canada toll-free
chargepoint.com
Contact Us
Visit chargepoint.com
Call +1.408.705.1992
Email [email protected]
Station Maintenance Options
Maintenance Option Parts Only Warranty Assure
Availability One year included for free on all stations installed by a ChargePoint certified installer*
Available for purchase for up to five years. Stations
must be installed and validated by a ChargePoint
certified installer.
Parts Covered Defective parts are exchanged Included and coordinated by a ChargePoint support specialist
Certified On-Site Labor Not included: station owner must find a ChargePoint certified installer to perform any repairs
Included and coordinated by a ChargePoint support
specialist
Monthly Station Summary Report Included
Detailed Quarterly Reports Included
Uptime Guarantee 98% with non-performance penalty
Proactive Monitoring Included
Service Level Agreement 1 business day response time
1 business day from parts arrival for on-site labor
Labor Coverage Included for damage caused by accidents, vandalism and excessive wear and tear
Unlimited Station Configuration Included
* Installations not performed by a ChargePoint certified installer are not covered under warranty.
Ordering Information
Description Order Code
Assure for CT4000 Family CT4000-ASSUREn1
Assure for CPF25 CPF25-ASSUREn1
Assure for Express 100 CPE100-ASSUREn2
Assure for Express 200 CPE200-ASSUREn2
Assure for Express 250 EXPRESS-ASSUREn1
Assure for Express Plus EXPRESS-ASSUREn1
Companion Services
Description Order Code
Station Activation and Configuration CPSUPPORT-ACTIVE
Station Installation and Validation CT4000-INSTALLVALID Validation CPSUPPORT-SITEVALID
1 Substitute n for desired years of service (1, 2, 3, 4 or 5 years). 2 Substitute n for years of service desired (1, 2 or 3 years).
Copyright © 2018 ChargePoint, Inc. All rights reserved. CHARGEPOINT is a U.S. registered trademark/service mark, and an EU registered logo mark of ChargePoint, Inc. All other products or services mentioned are the trademarks, service marks, registered trademarks or registered service marks of their respective owners. DS-Assure-03. April 2018. PN 73-001094-01-4. 7 October 2, 2023 Item 05
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ChargePoint Network - Data Management
ChargePoint provides extensive monitoring and reporting capabilities in a user-friendly and highly flexible web interface. Access to the web
portal and the standard set of reports is
included in the network service plan at no
additional cost. Energy Management functions
and advanced analytics are available for an
additional fee.
The ChargePoint web portal provides the tools
necessary to actively monitor and manage all
stations, including real-time status for each
port; making it easy to view important
information in a clear and concise table
format.
Detailed real-time status for individual stations is available on the Station Properties page, including active charging sessions.
Administrators have the ability
to:
• Get live status, including
network connectivity and port
status
• Reboot the station
• View live charging sessions
• View a history of charging
sessions
All reports may be exported to Excel or CSV format from the reports page directly. Alternatively, data may be retrieved using the ChargePoint Web Services API.
The categories of reporting available on ChargePoint are:
Analytics: A large collection of information, including peak occupancy, session information, energy dispensed, and GHG savings. There are several reports that should be highlighted:
The Energy Report shows the amount of electricity output by your charging stations by day, week, or month.
The Unique Driver Report shows how many different drivers utilize the station in a given timeframe. This is very useful in determining whether you have the same people charging all the time at the stations or if there are a wide variety of drivers using the stations The Session Length Histogram Report shows the average stay time at a station. When stations are used all the time it is important to look at how long people are staying. 8 October 2, 2023 Item 05
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The Average Utilization Report shows how many hours during the day stations are being used.
Financial: If a fee is associated with charging, this report shows the monthly Flex Billing statement, including how much Drivers spent charging at the Organization’s stations, and how much money the Organization receives on a monthly basis.
Logs: a chronology of configuration changes and the success or failure of any attempt by the ChargePoint cloud to download information to the stations.
Audit Trail: All configuration and other actions including the user account that performed the action
Alarms: a table of station events, including service-affecting faults SampleReports:
Energy by Day, Energy by Month:
Session Length Histogram, Average Utilization:
Sessions, Unique Drivers:
9 October 2, 2023 Item 05
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Session Details
All charging sessions have the following information recorded and available for export:
Station Name Plug Type
MAC Address Address 1
Org Name Address 2
Start Date City
Start Time Zone State/Province
End Date Postal Code
End Time Zone Country
Transaction Date (Pacific Time) Latitude
Total Duration (hh:mm:ss) Longitude
Charging Time (hh:mm:ss) Currency
Energy (kWh) Fee
GHG Savings (kg) Ended By
GasolineSavings (gallons) Plug In Event Id
Port Type Driver Zip Code
Port Number User ID
Advanced Energy Reporting
The Enterprise Service Plan includes 15-minute data collection, moving to 2 minute collection. All data is exportable to CSV file and available via the ChargePoint Web Services API. User-friendly reports are available showing:
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Energy (by Time of Day): See how
much energy (kWh) is dispensed
during the day, by station or by group.
Quickly spot periods of high
utilization and view the impact of
Demand Response events. Each line
in the sample graph represents a
different day.
Peak Power (by Day): Easily view
the peak instantaneous power on any
given day, by station or by group. Use
this data to avoid expensive demand
charges
Peak Power (by Time of Day): View
peak power during the day. Easily
track the impact of Demand Response
events.
Average Power (by Time of Day):
View interval average power.
Logs: Detailed log entries are made
for every Demand Response event.
Driver Network Services
Station owners are in complete control of the charging station policies: who can use them, how much drivers pay to use them, and what messaging and video content to display.
Every station or group of stations may have different policies applied, or all stations may be 11 October 2, 2023 Item 05
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provisioned exactly the same – providing the ultimate in flexibility.
ChargePoint stations that are publically accessible are visible on the ChargePoint website map, on ChargePoint mobile applications (available for both Apple IOS and Android), as well as many in-dash POI systems from EV car manufacturers. All publicly accessible ChargePoint connected stations are listed in the Alternative Fuels Database (AFDB) of the U.S. Department of Energy, which is managed by the National Renewable Energy Laboratory (NREL) for use with 3rd party services.
Stations that are restricted for use by only employees will only be visible on the ChargePoint network map to those employees included on the access control policy.
The general public will not see the stations on the map, and unless they physically see the station, the general public will not even know of the existence of the stations.
This flexibility allows station owners to ensure that the only the appropriate parties have visibility to stations, if it’s in use or occupied, and when a port comes available should they be waiting.
DriverAccounts
Drivers are identified by their ChargePoint driver account. Each account may have one or more RFID cards activated to it and each account also is tied to the ChargePoint smartphone mobile application. When a driver uses a ChargePoint station they can either tap their RFID card or they may use the mobile app to identify themselves to the station and authorize a session.
Time of Use Access Controls
ChargePoint provides the ability to control access to your stations based on time of day and day of week. During normal business hours, say 8am to 5pm you may limit the stations to only your employees. Starting at 5pm on weekdays and all day on weekends the stations will become unrestricted so that anyone may use them, and pay for their use. This may be desirable if the The City of Fort Collins desires to restrict station access during the day and also allow the general public to charge during evenings or weekends, especially if the charging stations are located near event centers or athletic stadiums, and as a way to promote EV adoption in the surrounding community.
ChargePointWaitlist
Enabling this feature makes it easy for drivers to share ports and help you efficiently serve more drivers with fewer stations. Waitlist can maximize the utilization of stations and does not require the administrator to do anything once it has been configured. The feature may be enabled during business hours and automatically disabled off hours.
Waitlist works by allowing drivers to get in line for the next available charging station, 12 October 2, 2023 Item 05
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informing them when a station becomes available, and even holding it for them while they walk to their vehicle, drive it to the station, and plug in. The driver decides which ports he wishes to line up for, and joins a “virtual lineup”. As ports free up notifications are sent to the first driver in line and the port is temporarily reserved just for that driver. The driver has the ability to accept the reservation and use the port, or the driver may decide to skip his turn and let the person behind go ahead – while retaining his place in line, or may simply opt-out of line altogether.
Detailed reports are available to monitor the waitlist and ensure the policies put in place are having the desired effect, including queue depth and average wait time.
Driver Services
The driver web portal provides a map of all charging stations within the geographical region of the driver, offering information on the charging station including its availability, reservation status and charging fee (if any). Drivers are able to view real time charging status, make or change reservations, join a Waitlist, view real-time status of the waitlist, customize their charging experience and view past activity. The driver may elect to receive SMS or email messages when their vehicle is completely charged or if their charging session is interrupted for any reason such as a GFCI fault or disconnected cable.
Drivers can view fuel and greenhouse gas (GHG) savings and track the vehicle’s charge history.
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MobileApplication
In 2011, ChargePoint released its first mobile application and is now on our 5th major release. The mobile application is an absolutely critical component of our driver services, enabling drivers to locate stations on ChargePoint, 3rd party networks, and non-networked stations. Drivers are able to view real-time availability, navigate to any station using their preferred mobile navigation tool, start and pay for sessions, view real-time charging status and receive alerts on charging events.
PaymentHandling
ChargePoint handles the entire billing process from end to end, collecting fees from drivers on behalf of station owners. All payment processing, funds transfer and collections are handled automatically, with payments to the station owners processed at the end of every month.
Station owners may set pricing using any of the following options:
• A fixed rate for the session. The driver pays a set fee for the entire session. • An hourly rate. The driver pays per hour, similar to how a parking meter operates. • An energy rate. The driver pays for the energy consumed on a per kWh basis. • Length-of-Stay pricing. One price is charged during the first x hours and another price is charged for every hour afterwards.
• Time-of-Day pricing. One price is charged during peak hours and another during off-peak hours.
• A minimum and/or a maximum fee per session.
• A combination of the above. For example, a flat session fee PLUS an hourly rate or an hourly rate PLUS per kWh pricing, or a minimum session fee PLUS an hourly rate. 14 October 2, 2023 Item 05
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One may also configure an energy rate on a per kWh basis and an hourly rate that goes into effect only after a configurable grace period when the vehicle stops drawing energy.
• Driver groups. Station owners may set unique policies for different classifications of drivers (e.g. students, faculty & staff vs. visitors) using the options above. • Scheduled Pricing. All of the above options may be set by time of day and day of week. For example, free for employees during business hours M-F but $1/hour for everyone during evenings and weekends.
Charging sessions are authorized at the charging station by use of a credit card (with RFID chip), a ChargePoint account RFID card, via the ChargePoint mobile application, using Apple pay, Android pay, one-time payment by a mobile friendly payment option, or by authorized driver support representatives over the phone 24/7 via a toll-free phone number using a credit card. Driver support is available to all drivers using any station on the ChargePoint network – whether the driver is registered with ChargePoint or not. If the station requires a fee to charge, the driver may enter their credit card number and expiration date from their smartphone keypad when prompted by a secure Interactive Voice Response (IVR) service prior to the start of their charging session. Live phone support is available in English, French, and Spanish.
ChargePoint Driver accounts are offered as a convenience for the driver - they are not a subscription. Drivers pay no monthly fees and there is no setup fee to join ChargePoint.
PCI Compliance
ChargePoint is PCI Certified as both a Service Provider and Merchant and audited by 3rd party QSA. The ChargePoint Network undergoes regular PCI-DSS compliance certification testing from a third party auditor. The current Attestation of Compliance is available to customers under NDA. Tier 1 service providers host ChargePoint’s data centers. All data centers are SSAE16 compliant. The hosted data center has physical security in place and prevents any access to servers by unauthorized parties, and undergoes independent physical security audits as part of their own PCI certification process. The ChargePoint Network is running in two physically independent (hundreds of miles apart) secure hosted data centers, providing fail-over capabilities for disaster recovery and business continuity.
OCPP
As the leading charging station and cloud service provider in EV charging markets, ChargePoint is focused on making it simple for station owners to manage and grow their EV charging offerings and delivering a great driver experience. In order to release advanced features such as advanced pricing, secure RFID authorization, station display, and reservations, ChargePoint developed and currently uses a proprietary protocol called the ChargePoint Protocol on equipment sold by ChargePoint.
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ChargePoint is committed to supporting OCPP 1.6 on both the CT4000 and Express Plus.
Stations already deployed in the field will be upgraded OTA (over-the-air) to add OCPP support.
Check with ChargePoint on latest developments with OCPP.
Pre-Install SiteAssessments
Prioritization for installation of charging stations is typically based on ranking the needs of individual sites, including the current number of EV drivers and expected growth of EV adoption, balanced with the cost of electrical make-ready installation at each location.
Consideration of infrastructure necessary to support current and future need for EV charging will “future proof” investments to avoid costly upgrades later as demand for electric vehicle charging grows.
The cost of make-ready installation can be highly variable and depends on available electrical service capacity and any necessary electrical upgrades, including a new dedicated EV electrical panel if required; distance from the electrical panel to proposed EV parking spaces; construction costs for any trenching and type of surface area (hardscape vs. softscape); protective bollard or wheel stop requirements, and EV signage..
ChargePoint proposes the following high level methodology to help assess site locations and determine a priority schedule:
1. Estimate the number of electric vehicles on roads in the State of Utah over the next 1-5 years. This will help to determine the number of stations at each location. Start with a 1.5:1 ratio of existing drivers to ports, knowing that as soon as stations are installed demand will immediately increase and the ratio will quickly become 2:1 or higher. Rank sites based upon number of EV parking spaces required initially and over the next 3 to 5 years.
2. Conduct a site evaluation and assess construction requirements to determine associated costs based upon the number of stations for initial and future needs. ChargePoint recommends using your preferred electrician or our installation partner to evaluate available capacity of existing electrical panels and to identify any electrical panel upgrades that may be required.
General guidelines for selection of candidate parking spaces for “make-ready” EV charging include:
• Evaluation of existing electrical infrastructure to determine if sufficient utility service and electrical panel capacity exists, identify costs for any necessary upgrades and need for new dedicated electrical panel.
• For installation of dedicated EV electrical panel, choose panel locations in close proximity to existing electrical supply.
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and electrical wiring from the EV electrical panel to all proposed EV parking spaces. • Plan to use dual-port CT4000 stations and choose adjacent parking spaces in an area with adequate lighting and suitable location for pedestal/bollard mount or with flat surface for wall mount charging stations.
• For below ground-level parking, installation of a cellular signal booster often is required with indoor antenna located near the EV parking spaces and outdoor antenna typically located at the garage entrance ceiling or on the rooftop where cellular signal levels are acceptable.
3. Determine cost budget options for make-ready electrical infrastructure at all sites to satisfy current needs and future needs. Prioritize locations for installation of charging stations based upon immediate and future needs, construction timelines, and costs.
ChargePoint recommends leveraging our automatic power management capability to reduce capital expense costs associated with electrical infrastructure. 17 October 2, 2023 Item 05
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Appendix A: Our Commitmentto Sustainability
Environmental sustainability is core to our business. Our network of charging stations enable EV drivers to drive on electricity instead of gas, which reduces their carbon dioxide emissions from driving by 50% on average across the country. Our charging stations also accelerate the transition to more sustainable electric transportation by giving drivers the confidence that they can drive an EV and charge up when and where they need to.
Sustainable Operations
ChargePoint is committed to being a leader in sustainability, both in the way we carry out our operations and in the products and services we offer. Sustainability at ChargePoint means conducting our business in a manner that acknowledges, and takes responsibility for our direct and indirect impact on the environment. This means that we will conserve energy, dispose of waste responsibly, and reduce pollutants and other byproducts our activities may generate. All employees and contractors are responsible for insuring that they take sustainability into account in their day-to-day decision-making. By conducting our business in this manner, we align our long-term success with the earth’s ecological well-being, and create enduring benefits for our shareholders, customers, employees and the communities we live and work in.
Examples of our sustainability initiatives include:
Greenhouse Gas Emissions Reduction
• Reduced Emissions From Facilities
o Use light sensors in office spaces to reduce emissions from lighting o Exploring renewable energy options for powering offices and facilities • Reduced Emissions from Transportation
o Relocated warehouses to be near manufacturing sites in order to reduce moving product across the country via tractor trailer
o Provide EV charging for employees – almost 60% of our employees drive electric vehicles
Waste Reduction
o Redesigned packaging to remove significant amounts of foam protective packing material in order to make all packaging recyclable. On going project to remove 100% of foam packaging material.
o Implemented an in-house recycling program to maximize the amount of material we divert from landfill.
o Eliminated all disposable cups, utensils, and plates from company kitchens to reduce waste.
o Provide every employee a reusable water bottle to eliminate the use of plastic water bottles in our offices.
Sustainable Foods
o Committed to serving organic, healthy foods at our offices. 18 October 2, 2023 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Joshua Gordon, Fire Chief
Via Ashley Jones, City Manager
DATE: October 2, 2023
SUBJECT: Alert and Warning Memorandum of Agreement between the County of San Diego and the City of Del Mar
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve the Alert and Warning Memorandum of Agreement between the County of San Diego and the City of Del Mar (Attachment A); and 2) Authorize the City Manager to execute the Memorandum of Agreement.
DISCUSSION/ANALYSIS:
The Wireless Emergency Alert (WEA) system is a federally maintained alert and warning system that is available to all jurisdictions to notify the public in times of imminent, severe, or extreme emergencies. The system is managed for the San Diego County region by the County of San Diego (County) Office of Emergency Services (OES) in a Memorandum of Agreement (MOA) with the Federal Emergency Management Agency (FEMA). The County also maintains a separate regional mass notification system called AlertSanDiego, as further describe below.
WEA messages are emergency notifications sent by authorized government agencies alerting authorities through mobile carriers and broadcast to mobile phones receiving a signal from cell towers within or in close proximity to the alert area. Only individuals located in the area will receive the message through their WEA-capable cell phones (most carriers participate), including those who arrive in the area after the incident has occurred and until there is no longer a threat to public safety.
AlertSanDiego is a regional notification system used by emergency response personnel that can send telephone notifications, texts, and emails to the public and businesses impacted by, or in danger of being impacted by, a disaster. AlertSanDiego utilizes the region’s 9-1-1 database that is provided by local telephone companies, and now includes the addition of San Diego Gas and Electric (SDG&E) confidential customer database information. Unlike AlertSanDiego, WEA reaches most mobile phones within a given area that is designated by cell towers. AlertSanDiego only reaches designated landlines and pre-registered cell phones and emails of residents within the incident area.
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City Council Agenda Report
Alert & Warning MOA with the County of San Diego
October 2, 2023
In September 2018 and February 2020, Alert and Warning MOAs between the County and the City of Del Mar were executed for the use of WEA and AlertSanDiego within the framework, agreements, rules, and protocols agreed upon by the County’s Unified Disaster Council (UDC) and in agreement with the County’s Emergency Operations Plan. These agreements allowed the City of Del Mar to initiate WEA messages and generate AlertSanDiego campaigns to the public.
The County UDC is currently upgrading their systems and implementing changes that require a new Alert and Warning MOA to be executed by each participating jurisdiction. Execution of the new MOA will ensure that the City of Del Mar can continue to participate in essential public service programs designed to alert the public and keep them safe during life-threatening emergencies.
The proposed changes to the existing 2020 Alert and Warning MOA are included in Attachment B. Key updates include:
• Addition of background, responsibilities, and policy of Zonehaven, the new County evacuation management software;
• Training on the new systems and updated training requirements for users and administrators;
• Policy and responsibility information on Non-Weather Emergency Messages (NWEM) and Emergency Alert System (EAS) alerts;
• Addition of SDG&E confidential customer information integration into AlertSanDiego via Government Code Section 8593.4; and
• Update of the County of San Diego’s website references to AlertSanDiego.org.
The presence of both alerting platforms is important for maintaining a comprehensive emergency public outreach system. The updated Alert and Warning MOA (Attachment A) will replace previous agreements regarding the AlertSanDiego and WEA.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item.
The Alert and Warning Systems (WEA and AlertSanDiego) are funded through regional Homeland Security Grant Program funds or by UDC dues, as determined by the UDC.
Jurisdictions are not billed individually for utilizing the system.
ENVIRONMENTAL IMPACT:
The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not related to the City Council Goals and Priorities.
ATTACHMENTS:
Attachment A – Alert and Warning Memorandum of Agreement between the County of San Diego and the City of Del Mar, August 2023
Attachment B – Redlined 2020 Alert and Warning Memorandum of Agreement between the County of San Diego and the City of Del Mar
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ALERT & WARNING
MEMORANDUM OF AGREEMENT BETWEEN
THE COUNTY OF SAN DIEGO
AND THE
CITY OF DEL MAR
I. PURPOSE
This Agreement (“Agreement”) is made by and between the County of San Diego (“County”) and the [JURISDICTION] (“Jurisdiction”). This form establishes a regional agreement on the use of Alert & Warning modalities capable of being initiated through the Office of Emergency Services (County OES) Mass Notification System (“System”). This agreement will allow the Jurisdiction to initiate Wireless Emergency Alerts (WEA) and generate AlertSanDiego campaigns to their jurisdiction via the County OES Mass Notification System.
County OES recognizes that each San Diego County Operational Area Jurisdiction has a need to rapidly notify their residents before and/or during an emergency. County OES and the Sheriff Communication Center are authorized to disseminate Alert & Warning messages to the unincorporated county areas.
Each Jurisdiction is responsible for initiating their own Alert & Warning messages to their jurisdiction. This Memorandum of Agreement (MOA) replaces previous agreements regarding the AlertSanDiego mass notification system and replaces previous WEA MOAs.
II. BACKGROUND
County OES is responsible for procuring and maintaining the System (e.g.., software), used to connect to the federal WEA aggregator and AlertSanDiego, the regional notification system used to send voice, text, and email notifications to the public and businesses within San Diego County.
The System shall be funded by regional Homeland Security Grant Program funds when possible or by Unified Disaster Council dues, as determined by the Unified Disaster Council. Grant and Unified Disaster Council budgets are voted upon annually by the Unified Disaster Council.
Jurisdictional usage of the System is unlimited. Jurisdictions are not billed for utilizing the System.
A. Wireless Emergency Alerts (WEA)
The Wireless Emergency Alert (WEA) system, is a federally maintained alert and warning system, available to all jurisdictions to notify the public in times of imminent, severe, or extreme hazards within the framework, agreements, rules and protocols agreed upon by the Federal Emergency Management Agency (FEMA), the Federal Communications Commission (FCC), and the Unified Disaster Council and in agreement with the Operational Area Emergency Operations Plan and the fifth amended Joint Powers Agreement, as applicable.
On behalf of the San Diego County Operational Area, County OES maintains an MOA with FEMA designating County OES as a Collaborative Operating Group (COG) with the Integrated Public Alert & Warning System (IPAWS).
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With access to IPAWS through the County OES Mass Notification System, the Jurisdiction can initiate WEAs. WEAs are emergency notifications sent by authorized government alerting authorities, as determined by the Jurisdiction, through mobile carriers and broadcast to mobile phones receiving a signal from cell towers within or near the alert area. Please see examples of 90- and 360-character WEA messages in Appendix A.
Because WEA messages leverage mobile carrier cell phone towers and the broadcast range of a particular tower can be affected by many variables such as the height of antenna over surrounding terrain, the frequency of signal in use, the transmitter's power, the directional characteristics of the site antenna array, local geography and weather conditions, emergency notifications will more than likely occur outside of the intended notification area. WEA version 3.0 from FEMA/FCC incorporates 0.1-mile geo-targeting capability which allows jurisdictions to notify the public with greater accuracy.
Since WEAs may have regional implications and may be received by the public in surrounding jurisdictions, the initiation of WEAs requires regional coordination which is the responsibility of the initiating Jurisdiction (See Section IV. Communication).
B. AlertSanDiego
The County of San Diego maintains a regional notification system that is able to send voice, text, and email notifications to people within San Diego County who may be impacted by, or are in danger of being impacted by, a disaster. This system, branded as AlertSanDiego, is used by emergency response personnel to notify members of the public at risk with information about the event and/or protective actions (such as evacuation, shelter in place, etc.) It is Teletype/“Telecommunications Device for the Deaf” TTY/TDD capable.
The System has several feeds of contact information. The system ingests the region's 9-1-1 database monthly. It is provided by the local telephone companies and includes both listed and unlisted landline phone numbers for voice notifications.
Members of the public are also able to self-register their Voice Over Internet Protocol (VoIP), cellular telephone numbers, and/or email addresses to receive notifications via voice, text, email, and/or American Sign Language with English voice and text.
The System also ingests Confidential Customer Information (CCI) from San Diego Gas & Electric public utility data monthly. It is provided pursuant to Government Code section 8593.4.
Pursuant to the Non-Disclosure Agreement (Appendix C) the Jurisdiction is a Representative of the County of San Diego and it is hereby agreed to that the Jurisdiction is familiar with, and shall abide by, the terms of Appendix C as though it were a party hereto.
County OES will notify the individuals on the modalities listed in the CCI when they are first enrolled in the System. This notification will include a process to opt out of the System which would terminate County OES access to the individual’s CCI for purposes of the System. 4 October 2, 2023 Item 06
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C. Zonehaven
Zonehaven is an evacuation management software that is replacing the current public safety grids to select and define alerting areas during an incident. The zones have been created using several factors and have been reviewed and approved by each jurisdiction. The zones, as created, may cross jurisdictional lines.
III. POLICY
A. EAS
Emergency Alert System (EAS) is a national public warning system commonly used by state and local authorities to deliver important emergency information, such as weather and AMBER alerts, to affected communities. EAS Participants – radio and television broadcasters, cable systems, satellite radio and television providers, and wireline video providers – deliver local alerts on a voluntary basis. The State of California has been divided into "EAS Operational Areas" for the purpose of disseminating emergency information. The San Diego EAS Operational Area encompasses the entire County.
Only County OES and the Sheriff’s Communications Center are authorized to activate the EAS.
Approved jurisdictional Alerting Authorities in the OA can contact the OES Duty Officer and request activation of the system. Determination will be made by OES in the event of the need to notify large areas of the county to take protective actions or to provide emergency information.
B. NWEM
Non-Weather Emergency Messages (NWEM)s are sent through FEMA’s Integrated Public Alert and Warning System (IPAWS) to the National Weather Service (NWS) for broadcast over NOAA Weather Radio (NWR) All Hazards and other NWS dissemination systems. This capability was reintroduced in 2021 as a redesign of the previous enhanced NWEM dissemination functionality developed in 2006 as the All-Hazards Emergency Message Collection System (HazCollect).
Only County OES and the Sheriff’s Communications Center are authorized to send NWEM alerts.
Approved jurisdictional Alerting Authorities in the OA can contact the OES Duty Officer or the Sheriff’s Communications Office and request activation of the system. Determination will be made by OES in the event of the need to notify large areas of the county to take protective actions or to provide emergency information.
C. WEA
If a Jurisdiction’s Public Safety Official (i.e., Incident Command, or other authorized alerting authority as determined by the Jurisdiction) determines that the severity of an incident necessitates public alert through WEA, the Public Safety Official will request that a WEA is devised and sent out through the Jurisdiction’s authorized sender.
Use of the WEA system is solely authorized for imminent, severe, or extreme hazards.
Imminent, Severe, or extreme hazards are incidents where an emergency threatens, or is 5 October 2, 2023 Item 06
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imminently expected to threaten, life, health, and/or property. WEAs must contain protective action instructions that recipients will follow to reduce vulnerability to an imminent and/or expected threat.
Protective action instructions include:
1. Shelter – Shelter in place
2. Evacuate – Relocate as instructed
3. Prepare – Make preparations
4. Execute – Execute a pre-planned activity
5. Avoid – Avoid the hazard
6. Monitor – Follow official information sources
7. All clear – The event no longer poses a threat or concern and the Shelter in place has ended.
The system is generally not authorized for:
1. Missing person notifications, except AMBER alerts which are sent out by the Center for Missing and Exploited Children in cooperation with California Highway Patrol
2. Non-emergency weather alerts
3. Traffic problems
4. Parking restrictions
5. Street closures
6. Structure fires impacting limited populations
7. Crime information
8. Notifications to update the public on important programs or special events
9. Routine, informational and/or educational messages
10. Other events with limited impact
The system is not authorized for:
1. Any message of commercial nature
2. Any message of a political nature
3. Any non-official business (e.g. articles, retirement announcements, etc.) D. AlertSanDiego
If a Jurisdiction’s Public Safety Official, as determined by the Jurisdiction, determines that the severity of an incident necessitates public alert through AlertSanDiego, the Public Safety Official is responsible for processing and disseminating the AlertSanDiego message.
The Jurisdiction is authorized to develop pre-established notification lists (either spreadsheets or geo-coded lists) and messages to meet their needs. These lists may include special populations (e.g. in-home care, schools, etc.), those susceptible to certain risks (e.g. homes within dam inundation zone), or employee call back lists. It is the responsibility of the Jurisdiction to create and maintain these lists.
Full Use (voice, text, email) of the AlertSanDiego system to contact registered, E-911, and utility 6 October 2, 2023 Item 06
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data is authorized for the following purposes:
1. Imminent, perceived, and/or expected threat to life and/or property
2. Disaster notifications
3. Evacuation notices
4. Public health emergencies
5. Any notification to provide emergency information to a defined community Limited use (text and email only, no voice) of AlertSanDiego to contact registered mobile devices (not E-911 or utility data) are authorized for the following purposes:
1. Missing Persons at risk
A Missing Person at risk is defined in Penal Code 14215.B below:
“At-risk” means there is evidence of, or there are indications of, any of the following:
(1) The person missing is the victim of a crime or foul play. (2) The person missing is in need of medical attention. (3) The person missing has no pattern of running away or disappearing. (4) The person missing may be the victim of parental abduction. (5) The person missing is mentally impaired, including cognitively impaired or developmentally disabled.
The System is not authorized for:
1. Routine, informational, and/or educational messages
2. Any message of commercial nature
3. Any message of a political nature
4. Any non-official business (e.g. articles, event notifications, retirement announcements, etc.) Testing and training of the AlertSanDiego system is strictly limited to contact information uploaded by the Jurisdiction. No E-911, utility, or registered users may be notified without their prior written consent.
E. Zonehaven
The Jurisdiction Program Administrator(s) will be responsible for vetting and verifying which employees have completed required trainings in order to obtain access to the Zonehaven system. Jurisdiction Program Administrator(s) must be approved by the Jurisdiction Unified Disaster Council representative.
The Jurisdiction Program Administrator(s) will ensure that the fire, law, EMS, and dispatch agencies serving their jurisdiction are provided a copy of this agreement. The Jurisdiction is responsible for putting in place any internal agreements necessary to perform the responsibilities within this agreement.
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Jurisdictions shall, without delay, remove any and all persons no longer employed or otherwise unauthorized to issue Alert & Warning messages on behalf of the Jurisdiction from the System.
Jurisdictions shall verify that all users with access to the system:
1. Are current agents of the jurisdiction with authority to access the system
2. Have read, understand, and agree to the terms of the MOA
3. Have satisfied, at minimum, the training requirements set forth in this MOA
4. Have signed the Rules of Behavior
5. Have read and agreed to the Non-Disclosure Agreement
6. Notify County OES that the above listed items have been verified IV. COMMUNICATION
A. Cross Jurisdictional
Alerting Authorities, as determined by the Jurisdiction, responsible for disseminating Alert & Warning messages must take into consideration the importance of message coordination, resource sharing, and the need to minimize public alerting fatigue which may occur with system abuse or overuse.
Should the need for Alert & Warning be determined by Public Safety Officials, notification will be made by the initiating Jurisdiction to all potentially affected neighboring jurisdictions immediately. This may include, but not limited to, Unified Disaster Council member(s), Dispatch Agency(ies), Emergency Manager(s), and/or Special District(s), (e.g., Universities, Fire Protection Districts, Water Districts, etc.). This may be accomplished through a manual or an automated system.
B. Public
It is a best practice for the Jurisdiction to refer the public to their Jurisdiction’s official website and/or Jurisdiction operated social media sites for further information regarding the emergency that warranted the Alert & Warning. If the website AlertSD.org, or any other registered domain name that leads to AlertSanDiego.org is used as part of a public Alert & Warning message, the Jurisdiction must notify County OES of their intent to reference the website immediately. The Jurisdiction is also responsible for providing regular updates to County OES so that the County OES website can be updated with the latest disaster information.
Incomplete or imperfect information is not a valid reason to delay or avoid issuing an Alert & Warning. Time is of the essence, as recipients of warnings will need time to consider, plan, and act after they receive an Alert & Warning. This is particularly true among individuals with disabilities and people with access and functional needs. They may require additional time to evacuate or may be at increased risk of harm without notification.
For all Alert & Warning messages sent, the initiating jurisdiction shall be responsible for managing public and media questions, comments, or concerns arising from the message.
During a regional emergency, it is a best practice for all jurisdictions to coordinate Alert & Warning 8 October 2, 2023 Item 06
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and Public Information through the Operational Area Emergency Operations Center.
C. Multi-Modal
A highly effective Alert & Warning program will use as many delivery methods as appropriate and necessary. Alert & Warning is comprised of multiple modalities which may include: EAS (Emergency Alert System), NWEM (Non-Weather Emergency Message), WEA (Wireless Emergency Alert), AlertSanDiego, San Diego County Emergency Website (AlertSD.org), and Social Media. Jurisdictions should use all modality levels as appropriate to reach the widest audience.
By utilizing multiple modalities, there is a greater likelihood that people with disabilities or other access and functional needs will receive the Alert & Warning message.
V. RESPONSIBILITIES
A. Jurisdictions
All jurisdictions in the San Diego County Operational Area are responsible for the Alerting & Warning of the people within their jurisdictional boundary of severe or extreme hazards that currently threaten or pose an imminent threat to life or property.
In Zonehaven, because the zone formations do not take jurisdictional boundaries into consideration, alerts may be sent into neighboring jurisdictions. It is the responsibility of the alerting jurisdiction to inform the neighboring impacted jurisdiction that the alert and public facing map is crossing over into their area of responsibility.
Jurisdiction will ensure that trained and authorized personnel are available to issue Alert & Warning 24 hours a day, 7 days a week through dispatch and/or other means. Jurisdiction Program Administrator will be responsible for vetting and verifying which employees have completed required trainings in order to obtain access to the AlertSanDiego, WEA, and Zonehaven systems (see Appendix A). Jurisdiction Program Administrators must be approved by the Jurisdiction Unified Disaster Council representative.
The Jurisdiction Program Administrator will ensure that the fire, law, EMS, and dispatch agencies serving their jurisdiction are provided a copy of this agreement. The Jurisdiction is responsible for putting in place any internal agreements necessary to perform the responsibilities within this agreement.
Jurisdictions shall, without delay, remove any and all persons no longer employed or otherwise unauthorized to issue Alert & Warning messages on behalf of the Jurisdiction from the System.
Jurisdictions shall verify that all users with access to the system:
1. Are current agents of the jurisdiction with authority to access the system
2. Have read, understand, and agree to the terms of the MOA
3. Have satisfied, at minimum, the training requirements set forth in this MOA
4. Have signed the Rules of Behavior
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5. Have read and agreed to the Non-Disclosure Agreement
6. Notify County OES that the above listed items have been verified B. State of California Alert & Warning Guidelines
All users agree to consider the State of California Alert & Warning Guidelines. The guidelines may be found online at www.CalAlerts.org
C. Training
AlertSanDiego and WEA
FEMA requires specific training for alert originators. For a step-by-step guide, please see Appendix A -Personnel Training Requirements. Initial train-the-trainer trainings will be available to the Jurisdiction by the System vendor. Trainings will then be provided to Jurisdiction administrators and communication center users. Ongoing training and refresher trainings can be provided upon request by a representative from the County.
Zonehaven
Initial Zonehaven train-the-trainer trainings will be available to the Jurisdiction by the System vendor. Trainings will then be provided to users at the administrative, communication centers, and field user levels. Ongoing training and refresher trainings can be provided upon request by a representative from the County.
D. Security
Per Federal Requirements, to ensure the joint security of the systems and the message data they store, process, and transmit, both parties agree to adhere to and enforce the Rules of Behavior (as specified in Appendix B). In addition, both parties agree to the following:
1. Ensure authorized users accessing the interoperable system(s) receive, agree to abide by and sign (electronically or in paper form) the IPAWS-OPEN Rules of Behavior as specified in Appendix B. The Jurisdiction is responsible for keeping the signed Rules of Behavior on file or stored electronically for each system user.
2. Document and maintain jurisdictional specific security policies and procedures and produce such documentation in response to official audits, inquiries, and/or requests.
3. Provide physical security and system environmental safeguards for devices supporting system interoperability with IPAWS-OPEN.
4. Where applicable, ensure that only individuals who have successfully completed FEMA-required training can utilize the alert and warning systems addressed in this agreement.
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5. Where applicable, document and maintain records of successful completion of FEMA-required training and produce such documentation in response to official inquiries and/or requests.
E. County OES and Sheriff
The Sheriff’s Communications Center and County OES are available to initiate requested WEA and AlertSanDiego messages from a Public Safety Official for emergencies affecting the unincorporated county area. If a WEA is initiated, the County OES Staff Duty Officer (SDO) and Sheriff Watch Commander will coordinate the Communication requirements as outlined above in section III. Communication.
Should the need for Alert & Warning be determined by Public Safety Officials, notification will be made by the initiating Jurisdiction to all potentially affected neighboring jurisdictions immediately. This may include, but is not limited to, Unified Disaster Council member(s), Dispatch Agency(ies), Emergency Manager(s), and/or Special District(s) (e.g., Universities, Fire Protection Districts, and Water Districts, etc.)
Only County OES and the Sheriff’s Communications Center can send Emergency Alert System (EAS) broadcasts and NWEM alerts through IPAWS. NWEMs will accompany all EAS broadcasts.
Only County OES and the Sheriff’s Communications Center can send Emergency Alert System (EAS) broadcasts and Non-Weather Emergency Messages (NWEMs) through FEMA’s Integrated Public Alert and Warning System (IPAWS).
The Sheriff’s Communications Center and County OES may be available to initiate requested WEA and AlertSanDiego messages from a Public Safety Official through standard mutual aid processes for emergencies in incorporated county areas if the Jurisdiction is unable to do so.
County OES will conduct an annual audit of trained and authorized users to ensure users are still employed or otherwise still authorized to issue Alert & Warning on behalf of the Jurisdiction.
F. Unified Disaster Council (UDC) Alert & Warning Subcommittee The UDC Alert & Warning Subcommittee is a County-wide working group composed of participating City and County Agency Representatives. Coordinated by County OES, the UDC Alert & Warning Subcommittee shall meet as determined by the Unified Disaster Council and/or the Subcommittee, to conduct after action reviews of system usage, coordinate ongoing administration, modify policies and guidelines, or to address other issues related to Alert & Warning messages. All recommendations for substantive changes to this MOA shall be submitted to the Unified Disaster Council for approval.
G. Maintenance
This MOA will be reviewed once every four years, or upon request of the UDC or the Alert & Warning Subcommittee.
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VI. GOVERNANCE
County OES will advise on Alert and Warning, in conjunction with the UDC Alert & Warning Subcommittee.
A. DEFENSE AND INDEMNITY
1. Claims Arising from Sole Acts or Omissions of County The County of San Diego (“the County”) hereby agrees to defend and indemnify the [JURISDICTION] its agents, officers and employees (hereinafter collectively referred to in this paragraph as 'Jurisdiction'), from any claim, action or proceeding against the Jurisdiction, arising solely out of the acts or omissions of County in the performance of this Agreement. At its sole discretion, the Jurisdiction may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve County of any obligation imposed by this Agreement. The Jurisdiction shall notify the County promptly of any claim, action or proceeding and cooperate fully in the defense.
2. Claims Arising from Sole Acts or Omissions of the Jurisdiction The Jurisdiction hereby agrees to defend and indemnify the County, its agents, officers and employees (hereafter collectively referred to in this paragraph as “ the County”) from any claim, action or proceeding against the County, arising solely out of the acts or omissions of the Jurisdiction in the performance of this Agreement. At its sole discretion, the County may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve the Jurisdiction of any obligation imposed by this Agreement. The County shall notify the Jurisdiction promptly of any claim, action or proceeding and cooperate fully in the defense.
3. Claims Arising from Concurrent Acts or Omissions
The County hereby agrees to defend itself, and the Jurisdiction hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of the County and the Jurisdiction. In such cases, the County and the Jurisdiction agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph E below.
4. Joint Defense
Notwithstanding paragraph C above, in cases where the County and the Jurisdiction agree in writing to a joint defense, the County and the Jurisdiction may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of the Jurisdiction and the County. Joint defense counsel shall be selected by mutual agreement of the County and the Jurisdiction. The County and the Jurisdiction agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 5 below. The County and the Jurisdiction further agree that neither party may bind the other to a settlement agreement without the written consent of both the County and the Jurisdiction. 12 October 2, 2023 Item 06
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5. Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, the County and the Jurisdiction may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault.
6. Application of California Law
Nothing in this Agreement is intended to, nor shall it limit or alter the application of California law as it relates to actions against, or liability of, government entities under the California law, including, but not limited to, the California Government Claims Act (Government Code Section 810 et. seq.).
7. Notice and Modification
This Agreement may be modified at any time with the prior written consent of both Parties. All modifications shall be in writing and signed by both parties. Any communication or notices to be provided pursuant to this Agreement must be sent to the attention of the signatories below, or their designees.
8. No Third Party Beneficiaries
Except as may be expressly provided herein, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party right or any other rights of any kind in any person or entity.
9. Choice of Law
This Agreement is governed by the laws of the State of California. Venue for all actions arising out of this Agreement must be exclusively in the state or federal courts located in San Diego County, California.
10. Counterparts
This Agreement may be executed in multiple copies or in one or more counterparts, each of which shall be deemed an original with the same effect as if all the signatures were on the same instrument.
11. Severability
The invalidity in whole or in part of any provision of this Agreement will not void or affect the validity of any other provisions of this Agreement.
12. Anti-assignment Clause
No Party may assign or delegate any duty or right under this Agreement. Any such purported assignment or delegation will void this entire Agreement, unless the Parties have previously approved such action in writing.
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13. Authority to Enter into Agreement
Each of the signatories below represent that they have authority from their respective governing bodies to execute this Agreement and bind the parties to the terms of this Agreement.
VII. TERM AND TERMINATION
This Agreement shall become effective when it is signed by both parties. This Agreement may be terminated upon mutual consent at any time. Additionally, either party may terminate this Agreement following six (6) months’ written notice to the other party.
VIII. SIGNATORY
Jeff Toney, Director, County of San Diego OES Ashley Jones , City Manager, City of Del Mar
Date: Date:
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ALERT & WARNING
MEMORANDUM OF AGREEMENT BETWEEN
THE COUNTY OF SAN DIEGO
AND THE
[JURISDICTION]
I. PURPOSE
This Agreement (“Agreement”) is made by and between the County of San Diego (“County”) and the [JURISDICTION] (“Jurisdiction”). It is intended to establishThis form establishes a regional agreement foron the use of Alert & Warning modalities capable of being initiated through the Office of Emergency Services (OES) mass notification system.County OES) Mass Notification System (“System”). This agreement will allow the Jurisdiction to initiate Wireless Emergency Alerts (WEA) and generate AlertSanDiego campaigns to their jurisdiction utilizingvia the County OES Mass Notification System(“System”)..
County Office of Emergency Services (OES) recognizes that each San Diego County Operational Area jurisdictionJurisdiction has a need to rapidly notify their residents before and/or during an emergency. County OES and the Sheriff Communication Center are authorized to disseminate Alert & Warning messages to the Unincorporated areaunincorporated county areas.
Each jurisdiction will beJurisdiction is responsible for initiating their own Alert & Warning messages to their jurisdiction. This Memorandum of Agreement (MOA) replaces previous agreements regarding the AlertSanDiego mass notification system and replaces previous WEA Memorandums of AgreementMOAs.
II. BACKGROUND
County OES is responsible for procuring and maintaining the System (i.e.,.g.., software), used to connect to the federal WEA aggregator and AlertSanDiego, the regional notification system used to send telephonevoice, text, and email notifications to residentsthe public and businesses within San Diego County. The System isshall be funded by regional Homeland Security Grant Program funds when possible or by Unified Disaster Council dues, as determined by the Unified Disaster Council. Grant and Unified Disaster Council budgets are voted upon annually by the Unified Disaster Council. Jurisdictional usage of the System usage is unlimited. Jurisdictions are not billed for utilizing the System.
A. Wireless Emergency Alerts (WEA)
The Wireless Emergency Alert (WEA) system, is a federally maintained alert and warning system, available to all jurisdictions to notify residentsthe public in times of imminent, severe, or extreme hazards within the framework, agreements, rules and protocols agreed upon by the Federal Emergency Management Agency (FEMA), the Federal Communications Commission (FCC), and the Unified Disaster Council and in agreement with the Operational Area Emergency Operations Plan and the fifth amended Joint Powers Agreement, as applicable.
On behalf of the San Diego County Operational Area, the County OES maintains a Memorandum 15 October 2, 2023 Item 06
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of Agreement (an MOA) with the FEMA designating County OES as a Collaborative Operating Group (COG) with the Integrated Public Alert & Warning System (IPAWS).
With access to IPAWS through the County OES Mass Notification System, the Jurisdiction can initiate Wireless Emergency Alert (WEA) messages. WEA messagesWEAs. WEAs are emergency notifications sent by authorized government alerting authorities, as determined by the Jurisdiction, through mobile carriers and broadcast to mobile phones receiving a signal from cell towers within or in close proximity tonear the alert area. Please see examples of 90‐ and 360‐ character WEA messages in Appendix A.
Because WEA messages leverage mobile carrier cell phone towers and the broadcast range of a particular tower can be affected by many variablessuch asthe height of antenna oversurrounding terrain, the frequency of signal in use, the transmitter's power, the directional characteristics of the site antenna array, local geography and weather conditions, emergency notifications maywill more than likely occur outside of the intended notification area. WEA version 3.0 from FEMA/FCC incorporates .100.1‐mile geo‐targeting capability which allows jurisdictions to notify residentsthe public with greater accuracy.
Since WEA messagesWEAs may have regional implications and may be received by residentsthe public in surrounding jurisdictions, the initiation of WEA messagesWEAs requires regional coordination which is the responsibility of the initiating Jurisdiction (See Section IV.
Communication).(See Section IV. Communication).
B. AlertSanDiego
The County of San Diego has institutedmaintains a regional notification system that is able to send telephonevoice, text, and email notifications, texts and emails to residents and businessespeople within San Diego County who may be impacted by, or are in danger of being impacted by, a disaster. This system (software), called, branded as AlertSanDiego, is used by emergency response personnel to notify residentsmembers of the public at risk with information about the event and/or protective actions (such as evacuation, shelter in place, gas leak, missing person at risk, etc.) It is Teletype/“Telecommunications Device for the Deaf” TTY/TDD capable.
The System has several feeds of contact information. The system utilizesingests the region's 9‐1‐ 1 database, monthly. It is provided by the local telephone companies, which and includes both listed and unlisted landline phone numbers. It is TTY/TDD capable for voice notifications.
ResidentsMembers of the public are also able to self‐register their Voice Over Internet Protocol (VoIP), cellular telephone numbers, and/or email addresses to receive notifications via phonevoice, text, email, and/or American Sign Language with English voice and text.
The System also ingests Confidential Customer Information (CCI) from San Diego Gas & Electric public utility data monthly. It is provided pursuant to Government Code section 8593.4.
Pursuant to the Non‐Disclosure Agreement (Appendix C) the Jurisdiction is a Representative of the County of San Diego and it is hereby agreed to that the Jurisdiction is familiar with, and shall 16 October 2, 2023 Item 06
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abide by, the terms of Appendix CD as though it were a party hereto.
County OES will notify the individuals on the modalities listed in the CCI when they are first enrolled in the System. This notification will include a process to opt out of the System which would terminate County OES access to the individual’s CCI for purposes of the System.
C. Zonehaven
Zonehaven is an evacuation management software that is replacing the current public safety grids to select and define alerting areas during an incident. The zones have been created using several factors and have been reviewed and approved by each jurisdiction. The zones, as created, may cross jurisdictional lines.
III. POLICY
A. EAS
Emergency Alert System (EAS) is a national public warning system commonly used by state and local authorities to deliver important emergency information, such as weather and AMBER alerts, to affected communities. EAS Participants – radio and television broadcasters, cable systems, satellite radio and television providers, and wireline video providers – deliver local alerts on a voluntary basis. The State of California has been divided into "EAS Operational Areas" for the purpose of disseminating emergency information. The San Diego EAS Operational Area encompasses the entire County.
Only County OES and the Sheriff’s Communications Center are authorized to activate the EAS.
Approved jurisdictional Alerting Authorities in the OA can contact the OES Duty Officer and request activation of the system. Determination will be made by OES in the event of the need to notify large areas of the county to take protective actions or to provide emergency information.
B. NWEM
Non‐Weather Emergency Messages (NWEM)s are sent through FEMA’s Integrated Public Alert and Warning System (IPAWS) to the National Weather Service (NWS) for broadcast over NOAA Weather Radio (NWR) All Hazards and other NWS dissemination systems. This capability was reintroduced in 2021 as a redesign of the previous enhanced NWEM dissemination functionality developed in 2006 as the All‐Hazards Emergency Message Collection System (HazCollect).
Only County OES and the Sheriff’s Communications Center are authorized to send NWEM alerts.
Approved jurisdictional Alerting Authorities in the OA can contact the OES Duty Officer or the Sheriff’s Communications Office and request activation of the system. Determination will be made by OES in the event of the need to notify large areas of the county to take protective actions or to provide emergency information.
A.C. WEA
If a jurisdiction’s public safety official (If a Jurisdiction’s Public Safety Official (i.e., Incident 17 October 2, 2023 Item 06
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Command, or other authorized alerting authority as determined by the Jurisdiction) determines that the severity of an incident necessitates public alert through WEA, the Public Safety Official will request that a WEA is devised and sent out through their respective dispatch agency.the Jurisdiction’s authorized sender.
Use of the WEA system is solely authorized for imminent, severe, or extreme hazards.
Imminent, Severe, or extreme hazards are incidents where an emergency threatens, or is imminently expected to threaten, life, health, and/or property. WEA messagesWEAs must contain protective action instructions that recipients will follow to reduce vulnerability to an imminent and/or expected threat.
Protective action instructions include:
1. Shelter – Shelter in place
2. Evacuate – Relocate as instructed
3. Prepare – Make preparations
4. Execute – Execute a pre‐planned activity
5. Avoid – Avoid the hazard
6. Monitor – Attend toFollow official information sources
7. All clear – The event no longer poses a threat or concern and the Shelter in place has ended.
It is the responsibility of the jurisdiction to inform the public of the end of an incident.
The system is generally not authorized for:
1. Missing person notifications, except AMBER alerts which are sent out by the Center for Missing and Exploited Children in cooperation with California Highway Patrol
2. Non‐emergency weather alerts
3. Traffic problems
4. Parking restrictions
5. Street closures
6. Structure fires impacting limited populations
7. Crime information
8. Notifications to update residentsthe public on important programs or special events
9. Routine, informational and/or educational messages
10. Other events with limited impact
The system is not authorized for:
1. Any message of commercial nature
2. Any message of a political nature
3. Any non‐official business (e.g. articles, retirement announcements, etc.) 18 October 2, 2023 Item 06
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B.D. AlertSanDiego
If a jurisdiction’sJurisdiction’s Public Safety Official, as determined by the Jurisdiction, determines that the severity of an incident necessitates public alert through AlertSanDiego, the public safety official will bePublic Safety Official is responsible for processing and disseminating the AlertSanDiego message.
The Jurisdiction is authorized to develop pre‐established notification lists (either spreadsheets or geo‐coded lists) and messages to meet their needs. These lists may include special populations (e.g. in‐home care, schools, etc.), those susceptible to certain risks (e.g. homes within dam inundation zone), or employee call back lists. It is the responsibility of the Jurisdiction to create and maintain these lists.
Full Use (voice, text, email) of the AlertSanDiego system to contact registered, E‐911, and utility data is authorized for the following purposes:
1. Imminent or, perceived, and/or expected threat to life and/or property
2. Disaster notifications
3. Evacuation notices
4. Public health emergencies
5. Any notification to provide emergency information to a defined community UseLimited use (text and email only, no voice) of AlertSanDiego email and text alerts forto contact registered mobile devices (not E‐911 or utility data) are authorized for the following purposes:
1. Missing Persons at risk
A Missing Person at risk is defined in Penal Code 14215.B below:
“At‐risk” means there is evidence of, or there are indications of, any of the following:
(1) The systemperson missing is the victim of a crime or foul play. (2) The person missing is in need of medical attention. (3) The person missing has no pattern of running away or disappearing. (4) The person missing may be the victim of parental abduction. (5) The person missing is mentally impaired, including cognitively impaired or developmentally disabled.
The System is not authorized for:
1. Routine, informational , and/or educational messages
2. Any message of commercial nature
3. Any message of a political nature
4. Any non‐official business (e.g. articles, event notifications, retirement announcements, etc.) 19 October 2, 2023 Item 06
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Testing and training of the AlertSanDiego system is strictly limited to contact information uploaded by the Jurisdiction. No E‐911, utility, or registered users may be notified without their prior written consent.
E. Zonehaven
The Jurisdiction Program Administrator(s) will be responsible for vetting and verifying which employees have completed required trainings in order to obtain access to the Zonehaven system. Jurisdiction Program Administrator(s) must be approved by the Jurisdiction Unified Disaster Council representative.
The Jurisdiction Program Administrator(s) will ensure that the fire, law, EMS, and dispatch agencies serving their jurisdiction are provided a copy of this agreement. The Jurisdiction is responsible for putting in place any internal agreements necessary to perform the responsibilities within this agreement.
Jurisdictions shall, without delay, remove any and all persons no longer employed or otherwise unauthorized to issue Alert & Warning messages on behalf of the Jurisdiction from the System.
Jurisdictions shall verify that all users with access to the system:
1. Are current agents of the jurisdiction with authority to access the system
2. Have read, understand, and agree to the terms of the MOA
3. Have satisfied, at minimum, the training requirements set forth in this MOA
4. Have signed the Rules of Behavior
5. Have read and agreed to the Non‐Disclosure Agreement
6. Notify County OES that the above listed items have been verified IV. COMMUNICATION
A. Cross Jurisdictional
Alerting Authorities, as determined by the Jurisdiction, responsible for disseminating Alert & Warning messages must take into consideration the importance of message coordination, resource sharing, and the need to minimize public alerting fatigue which may occur with system abuse or overuse.
Should the need for Alert & Warning be determined by public safety officialsPublic Safety Officials, notification will be made by the initiating Jurisdiction to all potentially affected neighboring jurisdictions immediately. This may include, but not limited to, Unified Disaster Council member(s), Dispatch Agency(ies), Emergency Manager(s), and/or Special District(s), i.(e.g., Universities, Fire Protection Districts, Water Districts, etc.). This may be accomplished through a manual or an automated system.
B. Public
It is a best practice for the Jurisdiction to refer the public to their Jurisdiction’s official website 20 October 2, 2023 Item 06
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and/or Jurisdiction operated social media sites for further information regarding the emergency that warranted the Alert & Warning. If the website AlertSD.org, SDCountyEmergency.com or any other registered domain name that leads to SDCountyEmergency.comAlertSanDiego.org is used as part of an alert or warninga public Alert & Warning message, the Jurisdiction must providenotify County OES with informationof their intent to updatereference the site before the alert is sentwebsite immediately. The Jurisdiction is also responsible for providing regular updates to County OES so that the County OES website can be updated with the latest information about the disaster information.
Incomplete or imperfect information is not a valid reason to delay or avoid issuing a warningan Alert & Warning. Time is of the essence, as recipients of warnings will need time to consider, plan, and act after they receive aan Alert & Wwarning message. This is particularly true among individuals with disabilities and people with access and functional needs. They may require additional time to evacuate or may be at increased risk of harm without notification.
For all Alert & Warning messages sent, the initiating jurisdiction initiating the message shall be responsible for managing public and media questions, comments, or concerns arising from the message.
During a regional emergency, it is a best practice for all jurisdictionsto coordinate Alert & Warning and Public Information through the Operational Area Emergency Operations Center.
C. Multi‐Modal
A highly effective Alert & Warning program will use as many delivery methods as appropriate and necessary. Alert & Warning is comprised of multiple modalities which may include: EAS (Emergency Alert System), NWEM (Non‐Weather Emergency Message), WEA (Wireless Emergency Alert), AlertSanDiego, San Diego County Emergency Website (AlertSD.org), and Social Media. Jurisdictions should use all modality levels as appropriate to reach the widest audience.
By utilizing multiple modalities, there is a greater likelihood that people with disabilities or other access and functional needs will receive the Alert & Warning message.
V. RESPONSIBILITIES
A. Jurisdictions
All jurisdictions in the San Diego County Operational Area are responsible for the Alerting & Warning of their residentsthe people within their jurisdictional boundary of severe or extreme hazards that currently threaten or pose an imminent threat to life or property.
In Zonehaven, because the zone formations do not take jurisdictional boundaries into consideration, alerts may be sent into neighboring jurisdictions. It is the responsibility of the alerting jurisdiction to inform the neighboring impacted jurisdiction that the alert and public facing map is crossing over into their area of responsibility. 21 October 2, 2023 Item 06
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Jurisdiction will ensure that trained and authorized personnel are available to issue Alert & Warning 24 hours a day, 7 days a week through dispatch and/or other means. Jurisdiction Program Administrator will be responsible for vetting and verifying which employees have completed required trainings in order to obtain access to the AlertSanDiego, WEA, and WEA systemZonehaven systems (see Appendix A). Jurisdiction Program Administrators must be approved by the Jurisdiction Unified Disaster Council representative.
The Jurisdiction Program Administrator will ensure that the fire, law, EMS, and dispatch agencies serving their jurisdiction are provided a copy of this agreement. The Jurisdiction is responsible for putting in place any internal agreements necessary to perform the responsibilities within this agreement.
Jurisdictions will notify the County’s Office of Emergency Servicesshall, without delay, remove any and all employeespersons no longer employed or otherwise unauthorized to issue Alert & Warning messages on behalf of the Jurisdiction from the System.
Jurisdictions shall verify that all users with access to the system:
1. Are current agents of the jurisdiction with authority to access the system
2. Have read, understand, and agree to the terms of the MOA
3. Have satisfied, at minimum, the training requirements set forth in this MOA
4. Have signed the Rules of Behavior
5. Have read and agreed to the Non‐Disclosure Agreement
6. Notify County OES that the above listed items have been verified B. State of California Alert & Warning Guidelines
All users agree to abide byconsider the State of California Alert & Warning Guidelines. The guidelines may be found online at www.CalAlerts.org
C. Training
AlertSanDiego and WEA
FEMA requires specific training for alert originators. For a step‐by‐step guide, please see Appendix A ‐Personnel Training Requirements. Initial train‐the‐trainer trainings will be available to the Jurisdiction by the System vendor. Trainings will then be provided to Jurisdiction administrators and communication center users. Ongoing training and refresher trainings can be provided upon request by a representative from the County.
Zonehaven
Initial Zonehaven train‐the‐trainer trainings will be available to the Jurisdiction by the System vendor. Trainings will then be provided to users at the administrative, communication centers, 22 October 2, 2023 Item 06
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and field user levels. Ongoing training and refresher trainings can be provided upon request by a representative from the County.
D. Security
Per Federal Requirements, to ensure the joint security of the systems and the message data they store, process, and transmit, both parties agree to adhere to and enforce the Rules of Behavior (as specified in Appendix B). In addition, both parties agree to the following:
1. Ensure authorized users accessing the interoperable system(s) receive, agree to abide by and sign (electronically or in paper form) the IPAWS‐OPEN Rules of Behavior as specified in Appendix B. The Jurisdiction is responsible for keeping the signed Rules of Behavior on file or stored electronically for each system user.
2. Document and maintain jurisdictional specific security policies and procedures and produce such documentation in response to official audits, inquiries, and/or requests.
3. Provide physical security and system environmental safeguards for devices supporting system interoperability with IPAWS‐OPEN.
4. Where applicable, ensure that only individuals who have successfully completed FEMA‐required training can utilize the alert and warning systems addressed in this agreement.
5. Where applicable, document and maintain records of successful completion of FEMA‐required training and produce such documentation in response to official inquiries and/or requests.
E. County OES and Sheriff
The Sheriff’s Communications Center and County OES are available to initiate requested WEA and AlertSanDiego messages from a Public Safety Official for emergencies affecting the unincorporated county area. If a WEA message is initiated, the County OES Staff Duty Officer (SDO) and Sheriff Watch Commander will coordinate the Communication requirements as outlined above in section III. Communication.
Should the need for Alert & Warning be determined by public safety officialsPublic Safety Officials, notification will be made by the initiating Jurisdiction to all potentially affected neighboring jurisdictions immediately. This may include, but is not limited to, Unified Disaster Council member(s), Dispatch Agency(ies), Emergency Manager(s), and/or Special District(s), i.) (e.g., Universities., Fire Protection Districts, and Water Districts, etc.) Only County OES and the Sheriff’s Communications Center can send Emergency Alert System (EAS) broadcasts and NWEM alerts through IPAWS. NWEMs will accompany all EAS broadcasts. 23 October 2, 2023 Item 06
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Only County OES and the Sheriff’s Communications Center can send Emergency Alert System (EAS) broadcasts and Non‐Weather Emergency Messages (NWEMs) through FEMA’s Integrated Public Alert and Warning System (IPAWS).
The Sheriff’s Communications Center and County OES may be available to initiate requested WEA and AlertSanDiego messages from a Public Safety OfficialforOfficial through standard mutual aid processes for emergencies in incorporated county areas if the Jurisdiction is unable to do so.
County OES will conduct an annual audit of trained and authorized users to ensure users are still employed or otherwise still authorized to issue Alert & Warning on behalf of the Jurisdiction.
F. Unified Disaster Council (UDC) Alert & Warning Subcommittee The UDC Alert & Warning Subcommittee is a County‐wide working group composed of participating City and County Agency Representatives. Coordinated by County OES, the UDC Alert & Warning Subcommittee shall meet semi‐annually, following a major event, or as determined by the Unified Disaster Council and/or the Subcommittee, to conduct after action reviews of system usage, coordinate ongoing administration, modify policies and guidelines, or to address other issues related to Alert & Warning messages. All recommendations for substantive changes to this MOA shall be submitted to the Unified Disaster Council for approval.
G. Maintenance
This MOA will be maintainedreviewed once every four years, or upon request of the UDC or the Alert & Warning Subcommittee.
VI. GOVERNANCE
County OES will advise on Alert and Warning, in conjunction with the UDC Alert & Warning Subcommittee.
A. DEFENSE AND INDEMNITY
1. Claims Arising Fromfrom Sole Acts or Omissions of County The County of San Diego (“the County”) hereby agrees to defend and indemnify the [JURISDICTION] its agents, officers and employees (hereinafter collectively referred to in this paragraph as 'Jurisdiction'), from any claim, action or proceeding against the Jurisdiction, arising solely out of the acts or omissions of County in the performance of this Agreement. At its sole discretion, the Jurisdiction may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve County of any obligation imposed by this Agreement. The Jurisdiction shall notify the County promptly of any claim, action or proceeding and cooperate fully in the defense. 24 October 2, 2023 Item 06
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2. Claims Arising Fromfrom Sole Acts or Omissions of the Jurisdiction The Jurisdiction hereby agrees to defend and indemnify the County, its agents, officers and employees(hereafter collectively referred to in this paragraph as “ the County”) from any claim, action or proceeding against the County, arising solely out of the acts or omissions of the Jurisdiction in the performance of this Agreement. At its sole discretion, the County may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve the Jurisdiction of any obligation imposed by this Agreement. The County shall notify the Jurisdiction promptly of any claim, action or proceeding and cooperate fully in the defense.
3. Claims Arising Fromfrom Concurrent Acts or Omissions The County hereby agrees to defend itself, and the Jurisdiction hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of the County and the Jurisdiction. In such cases, the County and the Jurisdiction agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph E below.
4. Joint Defense
Notwithstanding paragraph C above, in cases where the County and the Jurisdiction agree in writing to a joint defense, the County and the Jurisdiction may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of the Jurisdiction and the County. Joint defense counsel shall be selected by mutual agreement of the County and the Jurisdiction. The County and the Jurisdiction agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 5 below. The County and the Jurisdiction further agree that neither party may bind the other to a settlement agreement without the written consent of both the County and the Jurisdiction.
5. Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, the County and the Jurisdiction may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault.
6. Application of California Law
Nothing in thethis Agreement is intended to, nor shall it limit or alter the application of California law as it relates to actions against, or liability of, government entities under the California law, including, but not limited to, the California Government Claims Act (Government Code Section 810 et. seq.).
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7. Notice and Modification
This Agreement may be modified at any time with the prior written consent of both Parties. All modifications shall be in writing and signed by both parties. Any communication or notices to be provided pursuant to this Agreement must be sent to the attention of the signatories below, or their designees.
8. No Third Party Beneficiaries
Except as may be expressly provided herein, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party right or any other rights of any kind in any person or entity.
9. Choice of Law
This Agreement is governed by the laws of the State of California. Venue for all actions arising out of this Agreement must be exclusively in the state or federal courts located in San Diego County, California.
10. Counterparts
This Agreement may be executed in multiple copies or in one or more counterparts, each of which shall be deemed an original with the same effect as if all the signatures were on the same instrument.
11. Severability
The invalidity in whole or in part of any provision of this Agreement will not void or affect the validity of any other provisions of this Agreement.
12. Anti‐assignment Clause
No Party may assign or delegate any duty or right under this Agreement. Any such purported assignment or delegation will void this entire Agreement, unless the Parties have previously approved such action in writing.
13. Authority to Enter into Agreement
Each of the signatories below represent that they have authority from their respective governing bodies to execute this Agreement and bind the parties to the terms of this Agreement.
VII. TERM AND TERMINATION
This Agreement shall become effective when it is signed by both parties. This Agreement may be terminated upon mutual consent at any time. Additionally, either party may terminate this Agreement following six (6) months’ written notice to the other party. 26 October 2, 2023 Item 06
Alert & Warning MOA –January 2020 Aprilugust 2023
VIII. SIGNATORY
Jeff Toney, Director, County of San Diego OES [Jurisdiction] City Manager Date: Date:
27 October 2, 2023 Item 06
Alert & Warning MOA January 2020Aprilugust 2023 Page 1 of 6 Appendix A
TRAINING
I. PURPOSE
To ensure effective and efficient use of Alert & Warning, agencies must regularly train and exercise their Alert & Warning policies and procedures. It is recommended that jurisdictions create a training program consisting of readily available coursework divided into sections of system access and responsibilities.
II. POLICY
A. County of San Diego
The County of San Diego Office of Emergency Services and/or the Sheriff’s Department will offerbe available to provide upon request the below training to those authorized to initiate Alert & Warning, upon completion of training requirements as outlined in Section III, Training in this Appendix.
1. In person or video coursevirtual training on Wireless Emergency Alerts utilizing the AlertSanDiego system.
B. Jurisdiction
The Jurisdiction will ensure that staff they authorize to initiate Alert & Warning complete the minimum training requirements as identified by the Federal Government in Section III of this Appendix. Training is outlined below.
III. TRAINING
- The FEMA Individual Study (IS) course can be taken online at https://training.fema.gov/is/ - For all other courses, please go to the San Diego Urban Area Security Initiative Training and Exercise Calendar at https://sduasi.org/ or the California Specialized Training Institute Course Calendar at http://csti.org
A. Technician – as defined by California Alert & Warning Guidelines, is a level designed for those authorized to physically access and send Alert & Warnings (i.e. Dispatchers or other Public Safety Officials as determined by the Jurisdiction). Technician levelThe following minimum training is required Style Definition: Heading 1: Outline numbered + Level: 1 + Numbering Style: I, II, III, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0"
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28 October 2, 2023 Item 06
Alert & Warning MOA January 2020Aprilugust 2023 Page 2 of 6 by FEMA and FCC for WEA and recommended for AlertSanDiego:
1. Alert & Warning system user training
2. IS-247a: 247: Integrated Public Alert and Warning System (IPAWS) For Alert Originators
1.3. IS-251 Integrated Public Alert and Warning System (IPAWS) For Alerting Authority Online Training (required under FEMA MOU) Administrators
2.4. IPAWS Rules of Behavior: Read, understand, and sign the IPAWS Rules of Behavior.
5. Review the Integrated Public Alert and Warning System (IPAWS) best practices at https://www.fema.gov/best-practices
B. Practitioner – as defined by California Alert & Warning Guidelines, is a level designed for those authorized to request message sends and craft messages (i.e.and/or request to have messages sent (i.e.
Incident Command or other Public Safety Officials as determined by the Jurisdiction). All coursework under the previousIt is recommended that practitioners complete all technician level as well astraining in addition to the following courses:
1. PER-304: Social Media for Natural Disaster Response and Recovery
2. G290-291: Basic PIO and JIC-JIS
C. Program Administrator – as defined by California Alert & Warning Guidelines, is a level designed for those overseeing the entire Alert & Warning program (i.e. Emergency Manager or other Public Safety Officials as determined by the Jurisdiction). All coursework under the previous two levels as well as: It is required that Program Administrators complete all Technician level training as well as the following:
1. Training from theAlert & Warning system vendors designed to teach technical skill sets within the systemtraining specific to data refresh and personnel management.
2. Training from local GIS professionals within the jurisdiction, as the system(s) in use requires geo-coding and/or shape files. San Diego utilizes the Regional Public Safety Grid (RPSG) and all users should be comfortable with this GIS function.
3.2. The individual shouldmust be knowledgeable in cross-jurisdictional coordination techniques within the jurisdiction. Recommended courses are:
In addition to the above required training, it is recommended that Program AdminstratorsAdministrators complete the following:
1. All Practitioner level training
a) L0388: Advanced Public Information Officer
b) 3. L-402: Liaison Officer
Program Administrators must be approved by the Jurisdiction’s Unified Disaster Council representative.
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Alert & Warning MOA January 2020Aprilugust 2023 Page 3 of 6 Program AdministratorAdministrators will be responsible for vetting and verifying which employees have completed required trainings as outlined above in order to obtain access to the AlertSanDiego and WEAAlert & Warning system.
Additionally, San Diego County OES also recommends an in person or video course on Wireless Emergency Alerts utilizing the AlertSanDiego system, coordinated through the County’s OES.
Additional information and tips to the Integrated Public Alert and Warning System (IPAWS) can be found at https://www.fema.gov/best-practices
IV. SYSTEM TESTING
A. Jurisdiction
There is no required system testing at the Jurisdictional level. It is recommended that Technicians, Practitioners, and Program Administrators, as outlined above, perform skills testing on a quarterly basis.
Internal AlertSanDiego testing may be performed by the Jurisdiction. All WEA System Tests should be coordinated through County OES.regular basis.
Any public facing Alert & Warning test must be coordinated through the Unified Disaster CouncilCounty OES.
B. County OES and Sheriff
The AlertSanDiego system will be tested no less than once per week by the County OES Staff Duty Officer. This test will not be public facing. No public Alert & Warning shall be sent as part of the test.
In coordination with Federal Requirements, the IPAWS (WEA) system will be tested no less than once per month by the County OES Staff Duty Officer. This test will not be public facing. No public Alert & Warning shall be sent as part of the test.
V. ALERT AND WARNING GUIDELINES
Agencies should always maintain alerting capability. Maintaining the capability is imperative as disasters may strike at any time, and jurisdictions are responsible for informing the public in a timely manner of the threat and protective actions to take.
Agencies should issue alert and warning messages as soon as feasible given the circumstances of the situation. Designated alerting staff should have ready and reasonable access to the AlertSanDiegoAlert & Warning system and be properly trained and well versed in how to operate the equipmentsystem.
Warning messages sent in error should be updated, clarified, or retracted immediately once the message has been confirmed as erroneous.
VI. MESSAGE DETAILS
It is recommended that Jurisdictions continue to utilize the Wireless Emergency Alert Request Form. This form has been standardized and used by dispatch agencies across San Diego. 30 October 2, 2023 Item 06
Alert & Warning MOA January 2020Aprilugust 2023 Page 4 of 6 A. Descriptors and Parameters for WEA
IPAWS requires that one designator be selected from each of the following areas. Users should select the most appropriate designator for the situation.
2.1. Standard Alert & Warning Descriptors:
Event Type
- CDW: Civil Danger Warning
- CEM: Civil Emergency Message
- EQW: Earthquake Warning
- EVI: Evacuation Immediate
- FRW: Fire Warning
- HMW: Hazardous Materials
Warning
- LEW: Law Enforcement Warning
- LAE: Local Area Emergency
- NUW: Nuclear Power Plant Warning
- RHW: Radiological Hazard Warning
- SPW: Shelter in Place Warning
Category
- Geo: Geophysical (inc. landslide)
- Met: Meteorological (inc. flood)
- Safety: General emergency and
public safety
- Security: Law Enforcement, military,
homeland and local/private security
- Rescue: Rescue and recovery
- Fire: Fire suppression and rescue
- Health: Medical and public health
- Env: Pollution and other
environmental
- Transport: Public and private
transportation
- Infra: Utility, telecommunication,
other non-transport infrastructure
- CBRNE: Chemical, Biological,
Radiological, Nuclear or High-Yield
Explosive threat or attack
- Other: Other events
Response
- Shelter: Take shelter in place
- Evacuate: Relocate as instructed
- Prepare: Make Preparations
- Execute: Execute a pre-planned activity
- Avoid: Avoid the Subject events
- Monitor: Attend to information sources
3.2. Standard Alert & Warning Parameters:
Urgency
- Immediate
- Expected
Severity
- Extreme
- Severe
Certainty
- Observed
- Likely
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Alert & Warning MOA January 2020Aprilugust 2023 Page 5 of 6 B. Message Requirements
2.1. Duration of WEA Message Broadcast - Minimum 15 minutes – Maximum 24 hours.
Broadcast duration is situationally dependent, and determines how long messages are received by new phones that enter the impacted area. If a jurisdiction determines that the incident has concluded before the scheduled expiration, they should initiate a “force expiration” of the alert to avoid unnecessary alerting.
3.2. WEA Messages must provide clear direction on protective actions and include:
a) Source; This will be the agency sending the Alert & Warning b) Threat; This will be the reason why the Alert & Warning is being issued c) Location; Be as specific as possible about the area affected d) Guidance; Use plain language when guiding the public to take action, if applicable identify timing
e) Additional information; Where residents can go for additional information; This can be issuingthe Jurisdiction’s website/social media
*Note: It is a best practice for the Jurisdiction to refer the public to their Jurisdiction’s official website or Jurisdiction operated social media sites for further information regarding the emergency that warranted the Alert & Warning. If the website AlertSD.org, SDCountyEmergency.com or any other registered domain name that leads to SDCountyEmergency.comAlertSanDiego.org is used as part of an alert or warninga public Alert & Warning message, the Jurisdiction must providenotify County OES with informationof their intent to update the site beforereference the alert is sentwebsite immediately. The Jurisdiction is also responsible for providing regular updates to County OES so that the website can be updated with the latest information about the disaster.
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Alert & Warning MOA January 2020Aprilugust 2023 Page 6 of 6 THREAT
Describe the event and its impact
State the impact area boundaries
in a way that can be understood
(e.g. use street names,
landmarks, natural features, and
political boundaries)
LOCATION
Tell people where to get more
information (e.g. website)
ADDITIONAL INFO
Tell people what protective
action to take, the time when to
do it, how to accomplish it, and
how doing it reduces risk
GUIDANCE/TIME
SOURCE
Say who the message is from
EXAMPLE (90 characters):
SD Sheriff-Wildfire affecting Ramona-Evacuate via
SR67-Tune to local media and AlertSD.org
SD Sheriff- Wildfire Affecting RamonaEvacuate via SR67- Tune to local media and AlertSD.org
SOURCE THREAT LOCATION
GUIDANCE/TIME
ADDITIONAL INFO
C. Examples
EXAMPLE (360 characters):
The National Weather Service has issued a TSUNAMI WARNING for San Diego County. A series of powerful waves and strong currents may impact beaches in San Diego. Get away from coastal waters, you are in danger. Move to high ground or inland now. Keep away from the coasts until local officials say it is safe to return. For more information go to www.AlertSD.org 33 October 2, 2023 Item 06
Alert & Warning MOA January 2020 Page 1 of 4
Appendix B
IPAWS-OPEN Rules of Behavior
*Note: The below Rules of Behavior have been established by the Federal Emergency Management Agency (FEMA)
1.0 INTRODUCTION
The following rules of behavior apply to all persons with application access to San Diego County Office of Emergency Services Alert and Warning System(s). These individuals shall be held accountable for their actions related to the public alert and warning resources entrusted to them and must comply with the following rules or risk losing access privileges. The Rules of Behavior apply to users on official travel as well as at their primary workplace (e.g., Emergency Operations Center – EOC) and at any alternative workplace (e.g., telecommuting from a remote or satellite site) using any electronic device including laptop computers and portable electronic devices (PED’s). PED’s include cell phones, tablets, and plug-in and wireless peripherals that employ removable media (e.g. CDs, DVDs, etc.). PEDs also encompass USB flash memory (thumb) drives and external drives. These Rules of Behavior are consistent with existing DHS policies and DHS Information Technology (IT) Security directives and are intended to enhance the awareness of each user’s responsibilities regarding accessing, storing, receiving and/or transmitting information using IPAWS-OPEN.
2.0 APPLICATION RULES
2.1 Official Use
• IPAWS-OPEN is a Federal application to be used only in the performance of the user’s official duties in support of public safety as described in the National Incident Management System (NIMS).
• The use of the IPAWS-OPEN for unauthorized activities is prohibited and could result in verbal or written warning, loss of access rights, and/or criminal or civil prosecution. • By utilizing IPAWS-OPEN, the user of the interoperable system(s) consents to allow system monitoring to ensure appropriate usage for public safety is being observed. • If software interoperating with IPAWS-OPEN enables users to geo-target public alert messages by means of geospatial polygons or circles, then the user shall restrict any such geospatial boundaries so as to remain within the geographical limits of their public warning authority (or as near as possible).
2.2 Access Security
• All Email addresses provided in connection with interoperable system(s) user accounts must be associated to an approved email, approved by the user’s emergency management organization. The use of personal email accounts to support emergency messaging through IPAWS-OPEN is prohibited.
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• Every interoperable system user is responsible for remote access security as it relates to their use of IPAWS-OPEN and shall abide by these Rules of Behavior.
2.3 Interoperable System User Accounts and Passwords
• All users must have a discrete user account ID which cannot be the user’s social security number. To protect against unauthorized access, passwords linked to the user ID are used to identify and authenticate authorized users.
• Accounts and passwords shall not be transferred or shared. The sharing of both a user ID and associated password with anyone (including administrators) is prohibited. • Accounts and passwords shall be protected from disclosure and writing passwords down or electronically storing them on a medium that is accessible by others is prohibited. • The selection of passwords must be complex and include:
o At least eight characters in length
o At least two (02) upper case and two (02) lower case letters o At least two (02) numbers and one (01) special character. • Passwords must not contain names, repetitive patterns, dictionary words, product names, personal identifying information (e.g., birthdates, SSN, phone number), and must not be the same as the user ID.
• Users are required to change their passwords at least once every 90 days. • Passwords must be promptly changed whenever a compromise of a password is known or suspected.
2.4 Integrity Controls & Data Protection
• All computer workstations accessing IPAWS-OPEN must be protected by up-to-date anti-virus software. Virus scans must be performed on a periodic basis and when notified by the anti-virus software.
• Users accessing interoperable system(s) to utilize IPAWS-OPEN must:
o Physically protect computing devices such as laptops, PEDs, smartphones, etc; o Protect sensitive data sent to or received from IPAWS-OPEN; o Not use peer-to-peer (P2P) file sharing, which can provide a mechanism for the spreading of viruses and put sensitive information at risk; 35 October 2, 2023 Item 06
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o Not program computing devices with automatic sign-on sequences, passwords or access credentials when utilizing IPAWS-OPEN.
Users may not provide personal or official IPAWS-OPEN information solicited by e-mail. If e-mail messages are received from any source requesting personal information or asking to verify accounts or other authentication credentials, immediately report this and provide the questionable e-mail to the Local System Administrator and/or the San Diego County Office of Emergency Services Help Desk.
• Only devices officially issued through or approved by DHS, FEMA and/or approved emergency management organizations are authorized for use to interoperate with IPAWSOPEN and use of personal devices to access and/or store IPAWS-OPEN data and information is prohibited.
• If a smartphone or other PED is used to access the interoperable system(s) to utilize IPAWS- OPEN, the device must be password protected and configured to timeout or lock after 10 minutes of inactivity.
• If sensitive information is processed, stored, or transmitted on wireless devices, it must be encrypted using approved encryption methods.
2.5 System Access Agreement
• I understand that I am given access to the interoperable system(s) and IPAWS-OPEN to perform my official duties.
• I will not attempt to access data, information or applications I am not authorized to access nor bypass access control measures.
• I will not provide or knowingly allow other individuals to use my account credentials to access the interoperable system(s) and IPAWS-OPEN. • To prevent and deter others from gaining unauthorized access to sensitive resources, I will log off or lock my computer workstation or will use a password-protected screensaver whenever I step away from my work area, even for a short time and I will log off when I leave for the day.
• To prevent others from obtaining my password via “shoulder surfing”, I will shield my keyboard from view as I enter my password.
• I will not engage in, encourage, or conceal any hacking or cracking, denial of service, unauthorized tampering, or unauthorized attempted use of (or deliberate disruption of) any data or component within the interoperable system(s) and IPAWS-OPEN. • I agree to inform my Local System Administrator when access to the interoperable system(s) and/or IPAWS- OPEN is no longer required.
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• I agree that I have completed a locally delivered Computer Security Awareness type training prior to my initial access to the interoperable system(s) and IPAWS-OPEN and that as long as I have continued access, I will complete a locally delivered Computer Security Awareness type training on an annual basis. Locally delivered trainings are trainings delivered by your local jurisdiction, a local jurisdiction within the County, the County, or the State.
2.6 Accountability
• I understand that I have no expectation of privacy while using any services or programs interoperating with IPAWS-OPEN.
• I understand that I will be held accountable for my actions while accessing and using interoperable system(s) and IPAWS-OPEN, including any other connected systems and IT resources.
• I understand it is my responsibility to protect sensitive information from disclosure to unauthorized persons or groups.
• I understand that I must comply with all software copyrights and licenses pertaining to the use of IPAWS- OPEN.
2.7 Incident Reporting
• I will promptly report IT security incidents, or any incidents of suspected fraud, waste or misuse of systems to the Local System Administrator and the San Diego County Office of Emergency Services.
3.0 IPAWS-OPEN Rules of Behavior Statement of Acknowledgement I have read and agree to comply with the requirements of these Rules of Behavior. I understand that the terms of this agreement are a condition of my initial and continued access to San Diego County Office of Emergency Services Alert and Warning System(s) and IPAWS-OPEN and related services and that if I fail to abide by the terms of these Rules of Behavior, my access to any and all IPAWS-OPEN information systems may be terminated and I may be subject to criminal or civil prosecution. I have read and presently understand the above conditions and restrictions concerning my access.
Name (Print):
Signature: Date:
37 October 2, 2023 Item 06
1 INFORMATION SHARING AND NONDISCLOSURE AGREEMENT
This Information Sharing and Nondisclosure Agreement is made as of February __, 2022 Effective Date San Diego Gas & Electric Company, a California corporation Company and CSD . The parties hereby agree as follows:
1. Definition of Confidential Information.
1.1 Confidential Information means the names, addresses, telephone numbers, and email addresses Confidential Information
does not include information (1) known to CSD or its Representatives prior to obtaining same from Company; (2) in the public domain at the time of disclosure by the Company; (3) lawfully obtained by the CSD or its Representative from a third party who did not receive same, directly or indirectly, from Company; (4) that is or was independently developed by persons who had no access to the Confidential Information; or (5) approved for release by written authorization of an authorized representative of the Company. Any party claiming that any of the foregoing five exceptions apply will have the burden of proof to establish such applicability.
1.2 Representatives liates, agents, and/or
advisors.
2. Access to Confidential Information. Company shall provide Confidential Information to CSD for the sole purpose of enrolling CSD residents in a County-operated or city-operated public emergency warning system.
3. Notification and Opt-Out. CSD shall notify the individuals listed in the Confidential Information when they are enrolled in the public emergency warning system. This notification will include a process purposes of the warning system.
4. Limited Use; Nondisclosure. CSD hereby agrees that it shall use the Confidential Information solely for the purpose of enrolling and providing notifications to CSD residents in a County-operated or city-operated public emergency warning system consistent with the provisions of Government Code section 8593.4. CSD shall ensure the confidentiality of the Confidential Information is protected under reasonable security procedures, and shall not disclose Confidential Information to any individual other than a Representative. Except as otherwise provided herein, CSD will keep confidential and not disclose the Confidential Information. CSD shall cause each of its Representatives to become familiar with, and abide by, the terms of this Agreement as though it was a party hereto. CSD shall ensure that a local government or a third-party contractor or agent that assists with or administers the emergency warning system may not use the Confidential Information for any purpose other than for emergency notification consistent with Government Code section 8593.4.
5. Court or Administrative Order. Notwithstanding the provisions of Article 2 above, CSD and its Representatives may disclose any of the Confidential Information in the event, but only to the extent, that, based upon reasonable advice of counsel, it is required to do so by the disclosure requirements of any law, rule, or regulation or any order, decree, subpoena or ruling or other similar process of any court, securities exchange, governmental agency or governmental or regulatory authority. To the extent allowed by law, prior to making or permitting any of its Representatives to make such disclosure, CSD shall provide Company with prompt written notice of any such requirement so that the Company (with CSD assistance, at xpense) may seek a protective order or other appropriate remedy.
6. Document Retention. At any time when the Confidential Information is no longer needed for the public emergency warning system, CSD shall promptly deliver to Company or destroy (with such destruction to be certified to the Company) all portions of documents (and all copies thereof, however stored) furnished to or prepared by CSD and its Representatives that contain or are based on or derived 38 October 2, 2023 Item 06
2 from Confidential Information and all other portions of documents in CSD possession that contain or that are based on or derived from Confidential Information (to the extent so derived). This same pursuant to section 3 of this Agreement. Notwithstanding the foregoing, CSD will not be required to return or destroy Confidential Information that has been created solely by CSD automatic archiving and back-up procedures, but only to the extent created and retained in a manner consistent with such procedures and not for any other purpose, and provided that such automatically archived or backed-up copies will be subject to the confidentiality provisions of this Agreement.
7. Term; Survival. The term of this Agreement shall commence on the Effective Date and shall continue until terminated by mutual agreement of the parties in writing or until all Confidential Information is destroyed or returned to Company by CSD. However, the obligations and restrictions on CSD set forth herein, and the C
force and effect with respect to Confidential Information while any part of the Confidential Information is possessed by CSD. Moreover, CSD represents, warrants, and covenants that security procedures and practices appropriate to the nature of Confidential Information involved are in place and will be used at all times with respect thereto to protect it from unauthorized access, destruction, use, modification, or disclosure. Without limiting the generality of the foregoing or any other provision of this Agreement, CSD shall access, collect, store, use, and disclose the Confidential Information under policies, practices and notification requirements no less protective than those under which Company operates.
8. Assignment. Neither party shall permit this Agreement or any of its rights or obligations hereunder to be assigned or delegated voluntarily, involuntarily, by merger, consolidation, dissolution, operation of law, or any other manner, without prior written consent (which consent may not be unreasonably withheld), and any attempted assignment without such consent will be null and void.
9. Remedies. The parties acknowledge that the Confidential Information is valuable and unique and that damages would be an inadequate remedy for breach of this Agreement, and the obligations of each party and its Representatives are specifically enforceable. Accordingly, the parties agree that in the event of a breach or threatened breach of this Agreement by CSD, the Company shall be entitled to seek an injunction preventing such breach, without the necessity of proving damages or posting any bond. Any such relief shall be in addition to, and not in lieu of, money damages or any other available legal or equitable remedy. Neither party nor any of its Representatives shall have any liability to any other party or its Representatives for any special, indirect, incidental or consequential loss or damage whatsoever, including, without limitation, lost profits or lost investment opportunity, even if such party has been advised in advance that such damages could occur.
10. Other Business Opportunities. The holding of discussions between the parties and the disclosure of Confidential Information shall not be construed as an obligation on the part of either party to refrain from engaging at any time in the same business or any business similar or dissimilar to the business in which the other party is now engaged. Further, except as otherwise agreed in writing, Confidential Information received concerning the Company future plans is tentative and does not represent firm decisions or commitments by either party. Either party may meet with third persons and may receive information similar to the Confidential Information which the party received under this Agreement.
11. No Implied Licenses. Nothing in this Agreement will be construed as granting any rights to CSD, by license or otherwise, to any of the Company s Confidential Information, except as specifically stated in this Agreement.
12. No Warranty. Each party acknowledges and agrees that the Company and its Representatives make no express or implied representation or warranty as to the accuracy or completeness of the Confidential Information and that the Company and its Representatives shall have no liability relating to or arising from the use of the Confidential Information or for any errors therein or omissions therefrom.
13. No Waiver. It is understood and agreed that no failure or delay by either party in exercising any right, power or privilege available hereunder or under applicable law shall operate as a waiver thereof, nor 39 October 2, 2023 Item 06
3 shall any single or partial exercise thereof preclude any other or further exercise thereof of any other such right, power or privilege.
14. Entire Agreement; Amendment; Counterparts. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and may be amended only in writing signed by both parties. This Agreement supersedes any previous confidentiality or nondisclosure agreement or contractual provisions between the parties to the extent they relate to the subject matter hereof. This Agreement may be executed by the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as delivery of an executed original counterpart of this Agreement.
15. Governing Law. The formation, interpretation and performance of this Agreement shall be governed by the internal laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction.
16. . If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover from the unsuccessful party all costs, expenses (including expert testimony) and reasonable attorneys fees, including allocated costs and fees of in-house counsel, incurred therein by the prevailing party.
17. Venue and Jurisdiction. In the event of any litigation to enforce or interpret any terms of this Agreement, the parties agree that such action will be brought in the Superior Court of the County of San Diego, California (or, if the federal courts have exclusive jurisdiction over the subject matter of the dispute, in the U.S. District Court for the Southern District of California), and the parties hereby submit to the exclusive jurisdiction of such courts.
18. Notices. Any notice, request, claim, demand, or other communication between the Parties required or permitted by this Agreement, or otherwise made in connection with this Agreement must be in writing and will be deemed effective: (a) when delivered in person; (b) on the next business day if transmitted by national overnight courier to a physical address (not a PO Box), with confirmation of delivery; (c) upon transmission if sent by electronic mail, provided that the sender shall also either send a hard copy of the notice on the same business day in accordance with one of the other transmission methods as confirmation of delivery or obtain written acknowledgement of receipt of the notice from the recipient. In each of the foregoing cases, notice must be addressed as follows (or at such other address for a Party as specified in a notice given in accordance with this Article):
If to Company:
San Diego Gas & Electric Company
8330 Century Park Court, SD1340
San Diego, CA 92123
Email: [email protected]
Attention: Thom Porter
With a copy to:
San Diego Gas & Electric Company
8330 Century Park Court, CP32A
San Diego, CA 92123
Email: [email protected]
Attention: General Counsel
If to CSD:
Jeff Toney
San Diego County Office of Emergency
Services
5580 Overland Avenue, Suite 100
San Diego, CA 92123
Email: [email protected]
Attention: Jeff Toney
With a copy to:
Mark Day
Senior Deputy County Counsel
1600 Pacific Highway, Room 355
San Diego, CA 92101
Email: [email protected]
Attention: Mark Day
40 October 2, 2023 Item 06
4 These addresses may be changed by written notice to the other party provided that no notice of a change of address shall be effective until actual receipt of the notice. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice.
19. Savings Clause; Effect of Uniform Trade Secrets Act. If any provision of this Agreement or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of the Agreement and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect. In the event of any conflict between any provision hereof and any provision of the Uniform Trade Secrets Act of California, the provision affording the greater degree of protection to the Company shall control.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its authorized representative as of the Effective Date.
COUNTY OF SAN DIEGO
By:
Name: Jeff Toney
Title: Director, San Diego Office of
Emergency Services
SAN DIEGO GAS & ELECTRIC COMPANY,
a California corporation
By:
Name: John D. Jenkins
Title: Vice President Electric Systems
Operations
Approved as to legal form:
41 October 2, 2023 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Martin Boyd, Project Manager II
Joe Bride, Public Works Director
Mariel Cairns, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: October 2, 2023
SUBJECT: Award of Construction Contract for 25th Street Lifeguard Tower Exterior Door Replacement Project
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Award a $39,635 construction contract with CTT Contemporary Furniture Incorporated (CTT Furniture) for the 25th Street Lifeguard Tower Exterior Door Replacement Project (Project) (Attachment A); 2) Approve a project contingency of $5,000; and 3) Authorize the City Manager to execute the contract and any contract changes necessary to complete the work.
DISCUSSION/ANALYSIS:
The City of Del Mar owns lifeguard tower facilities at 25th Street. The tower was constructed in 2003 and includes two public restrooms. All four of the original exterior doors for the tower and restrooms, which are almost 20 years old, have deteriorated to an inoperable and unsafe condition due to years of corrosion, exposure to the marine elements, and public use. The doors cannot be replaced with standard doors because the hardware and locking mechanisms are custom designed to match the building’s unique exterior, hardwood material, and structural framing. As such, the replacement doors will need to be custom designed and manufactured.
Council previously awarded a contract for this Project on April 4, 2022; however, the contractor declined the contract. Per Section 7.20.020 of the Del Mar Municipal Code that establishes “Alternate Bid Procedures for Public Works Projects”, work under $60,000 may be procured through a negotiated contract. Due to the specialized nature of the door design, staff solicited proposals from local custom door manufacturers. CTT Furniture is recommended for award because of the specialized nature of the work and their demonstrated ability to fabricate and install custom doors. Staff recommends awarding the contract to CTT Furniture for this Project in an amount totaling $39,365 (Exhibit A to Attachment A).
1 October 2, 2023 Item 07
City Council Agenda Report
Construction Contract for 25th Street Lifeguard Tower Door Replacement Project October 2, 2023
If approved by the City Council, the doors for the 25th Street Lifeguard Tower Project are expected to take approximately 12 to16 weeks to fabricate and install. Public Works staff will work closely with the contractor and the Community Services Department to minimize impacts to the public and ensure lifeguard services and public access are not disrupted during the work to be performed at the project site.
PRIOR CITY COUNCIL REVIEW:
On April 4, 2022, City Council awarded construction contracts for the 25th Street Lifeguard Tower and 17th Street Door Replacement Projects
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. Funds for the Project are already available in the Fiscal Year 2023-2024 Operating and Capital Budget.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15301 (Class 1, Existing Facilities). Class 1 consists of the operation, repair, maintenance, or minor alteration of existing public structures and facilities, that involve negligible or no expansion of use beyond that existing. Therefore, the replacement of existing lifeguard tower and restroom doors on the 25th Street Lifeguard Tower facility is determined to be Categorically Exempt.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not included on the City Council’s list of Goals & Priorities.
ATTACHMENTS:
Attachment A – Construction Contract with CTT Contemporary Furniture Incorporated Exhibit A to Attachment A – Proposal from CTT Furniture 2 October 2, 2023 Item 07
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND CTT CONTEMPORARY FURNITURE INCORPORATED
FOR 25th STREET LIFEGUARD TOWER DOOR REPLACEMENT PROJECT
This Construction Contract (“Contract”) is made and entered into by and between the City of Del Mar, a municipal corporation, hereinafter referred to as the "City," and CTT Contemporary Furniture Incorporated hereinafter referred to as the “Contractor” (collectively “Parties”).
RECITALS
WHEREAS, the City requires a general contractor to construct a Public Works project generally described as the 25th Street Lifeguard Tower Door Replacement Project hereinafter referred to as the “Project.”
WHEREAS, the Contractor represents itself as possessing the necessary skills and qualifications to construct the Project required by the City and possesses the required contractor’s license of the appropriate classifications.
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, and in consideration of the payments and agreements hereinafter mentioned, the Parties agree as follows:
1. CONTRACTOR'S OBLIGATIONS.
1.1 Contractor shall perform the scope of work shown in the Attachment A hereinafter referred to as the “Work”, as such term is defined by the Standard Specifications for Public Works Construction, latest version (GREENBOOK).
1.2 The Contractor agrees, at the Contractor's own proper cost and expense, to do all the Work and furnish all the materials, except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete the Work in a good, workmanlike and substantial manner and to the satisfaction of the City.
1.3 Said Work shall be performed in accordance with the Contract Specifications, Drawings, and Provisions annexed hereto; and in connection with the Reference Standards below:
Standard Edition
Standard Specifications for Public Works Construction
(“The GREENBOOK”)
2021
San Diego Regional Standard Drawings 2022
1.4 The Contractor shall maintain throughout the full term of this Contract all professional certifications and licenses required in order to comply with all City, State, and Federal laws in the performance of this Contract.
1.5 The Contractor shall pay wages to the Contractor's employees according to the current "General Prevailing Wage Rates" issued by the Department of Industrial Relations of the State of California. Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to 3 October 2, 2023 Item 07
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND CTT CONTEMPORARY FURNITURE INCORPORATED
FOR 25th STREET LIFEGUARD TOWER DOOR REPLACEMENT PROJECT
execute this Contractor, from Director of the Department of Industrial Relations.
These rates are available online with the California Department of Industrial Relations (www.dir.ca.gov). The Contractor shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum. The Contractor shall comply with the provisions of Sections 1725.5, 1771, 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, 1813, and 1815 of the Labor Code.
1.6 The Contractor shall register with the Department of Industrial Relations (DIR) in accordance with California Labor Code sections 1771.1 and 1725.5 and the Contractor shall be subject to compliance monitoring and enforcement by DIR in accordance with California Labor Code section 1771.4.
1.7 Pursuant to and subject to the provisions of Section 1775 of the Labor Code, Contractor shall forfeit to City, as a penalty, the sum of up to two-hundred dollars ($200) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any Work done under this Contract, by it or by any subcontractor under it, in violation of the provisions of the Contract.
2. CONTRACT AMOUNT AND SCHEDULE.
2.1 The City agrees to pay and the Contractor agrees to receive and accept the prices set forth in the Bid Schedule attached hereto as Attachment A and incorporated by reference as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
2.2 Contractor agrees to complete the Work on Project in a time period not to exceed one hundred twelve (112) calendar days per Section 6-3 of the Standard Specifications for Public Works Construction (GREENBOOK), commencing upon the date stated in the Notice to Proceed issued by the City. Construction shall not commence until the City has approved insurance.
3. TERMINATION OF CONTRACT.
In the event of the Contractor's failure to prosecute, deliver, or perform the Work as provided for in this Contract, the City may terminate this Contract by notifying the Contractor by certified mail of said termination.
4. STATUS OF THE CONTRACTOR.
The Contractor shall perform the services provided for herein in a manner of Contractor's own choice, as an independent Contractor and in pursuit of Contractor's 4 October 2, 2023 Item 07
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND CTT CONTEMPORARY FURNITURE INCORPORATED
FOR 25th STREET LIFEGUARD TOWER DOOR REPLACEMENT PROJECT
independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project. However, Contractor shall confer with the City as required to perform this Contract.
5. SUBCONTRACTING.
The Contractor’s ability to subcontract is limited by and must comply with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code sections 4100 et seq. If the Contractor subcontracts any of the Work to be performed under this Contract, the Contractor shall be as fully responsible to the City for the acts and omissions of the Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the Contract shall create any contractual relations between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor by the terms of the Contract applicable to Contractor's Work unless specifically noted to the contrary in the subcontract in question approved in writing by the City.
6. ASSIGNMENT OF CONTRACT.
The Contractor has no authority or right to assign this Contract or any part thereof or any monies due thereunder to any other party without first obtaining the prior written consent of the City.
7. VERBAL AGREEMENT OR CONVERSATION.
No verbal agreement or conversation with any officer, agent or employee of the City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle the Contractor to any additional payment whatsoever under the terms of this Contract.
8. DISPUTES.
8.1 If a dispute should arise regarding the performance of this Contract, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the Contract, shall be reduced to writing by the complaining party.
A copy of such documented dispute shall be forwarded to the other party involved along with recommended methods of resolution which would be of benefit to both parties. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter.
8.2 If the dispute is not resolved, the aggrieved party shall send a letter outlining the dispute to the City to be resolved.
8.3 If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them at law. 5 October 2, 2023 Item 07
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND CTT CONTEMPORARY FURNITURE INCORPORATED
FOR 25th STREET LIFEGUARD TOWER DOOR REPLACEMENT PROJECT
8.4 Pursuant to Public Contract Code Sections 20104 and 9204, a claim by the Contractor for a time extension; payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or an amount the payment of which is disputed by the City, shall be dealt with as follows:
A. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims.
B. For all claims, pursuant to Public Contract Code Sections 20104 and 9204:
1. City shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. City shall identify the disputed and undisputed portion(s) of the claim in the written response. If City fails to issue a written statement, the claim is rejected in its entirety.
2. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant.
3. The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
4. Pursuant to Public Contract Code section 9204, any payment on any undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement.
C. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen (15) days of receipt of the City's response or within fifteen (15) days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand sent by registered or certified mail, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days after the meet and confer conference, City shall prepare a written statement describing portions of the claim in dispute and the portions of the claim that are disputed.
Mediation Prerequisite: If following the meet and conference the claim or any portion remains in dispute, the parties agree that as a condition precedent to the initiation of litigation, the parties shall submit to non-binding mediation. The 6 October 2, 2023 Item 07
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND CTT CONTEMPORARY FURNITURE INCORPORATED
FOR 25th STREET LIFEGUARD TOWER DOOR REPLACEMENT PROJECT
parties shall mutually agree to a mediator within ten (10) business days after the City’s response following the meet and confer conference. The parties shall make reasonable attempts to mediate within thirty (30) days of the meet and confer conference. Mediation shall be subject to the following rules:
1. The mediation process shall be administered by a neutral organization agreed to by the parties and shall be confidential subject to Evidence Code Sections 1115 –1128 and 1152.
2. The costs for mediation will be shared equally by all parties. The expenses of witnesses shall be paid by the party producing such witnesses.
3. A single mediator shall be selected to mediate the dispute. At least ten (10) days before a scheduled session, each party shall provide the mediator a brief memorandum setting forth its position about the issues that need to be resolved. The brief shall be mutually exchanged between the parties. At the mediation session, the parties will be expected to produce required information for the mediator to understand and evaluate the issues presented.
4. The mediation process shall be considered terminated when: (1) in the mediator’s judgment, further efforts at mediation would not contribute to a resolution of the dispute between the parties; or, (2) by the execution of Settlement Agreement, which may be used as the basis for change order or other directive as appropriate; or, (3) written declaration of a party that it will no longer participate in further mediation proceedings.
D. If mediation is unsuccessful, as a prerequisite to filing suit, the Contractor must file a claim pursuant to Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the period of time within which a claim must be filed shall begin from the time the claimant submits his or her written claim pursuant to subsection A until the time the claim is denied, including any period of time utilized by the meet and confer conference.
A civil action filed to resolve a claim subject to Section 9.4 of this Contract shall be subject to the provisions of Public Contract Code Sections 20104.4 and 20104.6.
9. HOLD HARMLESS.
9.1 The Contractor agrees to indemnify and hold the City; the City's officers, officials, employees and agents; the Engineer; and the Engineer’s officers, officials, employees and agents (together, the “City Indemnified Parties”), harmless from, and against any and all liabilities, claims, demands, causes of action, losses, suit damage, expenses and costs, including all costs of defense, expense costs and investigation expenses thereof, arising out of, or in any manner connected directly or indirectly to the acts, omissions or performance of Work by the Contractor or 7 October 2, 2023 Item 07
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND CTT CONTEMPORARY FURNITURE INCORPORATED
FOR 25th STREET LIFEGUARD TOWER DOOR REPLACEMENT PROJECT
Contractor’s agents, employees, subcontractors, officials, officers or representatives. Upon demand, Contractor shall, at its own expense, defend the City Indemnified Parties from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs, regardless of whether or not such a claim, loss or liability is caused in part by a party indemnified hereunder.
9.2 By inspecting, approving or accepting the improvements, City shall not have waived the protections afforded herein to the City Indemnified Parties or diminished the obligation of Contractor, who shall remain obligated in the same degree to indemnify and hold the City Indemnified Parties harmless as provided above.
9.3 Contractor's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the City Indemnified Parties’ sole active negligence or willful misconduct.
10. RESPONSIBILITY FOR DAMAGE.
10.1 The Contractor shall obtain and maintain in full force and effect during the life of the Contract, contractual liability insurance for bodily injury liability and property damage liability assumed by the Contractor of all claims and lawsuits against the Contractor and his/her subcontractors arising out of or in connection with the Work to be performed. Such insurance as is afforded by the policy to the Contractor for Contractual Property Damage Liability Insurance shall include coverage for property damage caused by blasting, collapse, structural injuries or damage to underground utilities. The policy shall not contain the so-called "x" "c" "u" exclusions.
10.2 The Contractor shall maintain vehicle liability, and property damage insurance in the amount of not less than $2,000,000 for one person injured in one accident, and not less than $2,000,000 for two or more persons injured in any one accident, and not less than $2,000,000 with respect to any property damage involved and public general liability insurance in the amount of not less than $2,000,000 each occurrence or in the aggregate.
10.3 Evidence of insurance including Commercial General Liability, Workers’ Compensation, and Automobile Liability in compliance with the above requirements shall be furnished to the City by Certificate of Insurance. Such Certificate of Insurance shall be furnished prior to the commencement of Work under the Contract. The insurance policy shall provide that the policy shall remain in force during the life of this Contract and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to City from the insurance company.
10.4 Such insurance shall be issued by a company or companies approved by the City, licensed and listed with "Insurance Organizations Authorized by the Insurance Commissioner to Transact the Business of Insurance in the State of California," and shall have a rating of A- or better.
8 October 2, 2023 Item 07
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND CTT CONTEMPORARY FURNITURE INCORPORATED
FOR 25th STREET LIFEGUARD TOWER DOOR REPLACEMENT PROJECT
10.5 Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude the City from taking such other actions as is available to it under any other provision of this Contract or otherwise in law.
10.6 The Contractor shall arrange for the policies to be so conditioned as to cover the performance of any changes or extra Work which may be required under the Contract.
10.7 The costs of this insurance shall be considered as included in the prices paid for the various Contract items of Work and no additional compensation will be allowed, therefore.
10.8 The Contractor shall either: (1) require each of its subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified, or (2) insure the activities of its subcontractors in its own policy in like amount.
10.9 The Contractor's policies shall contain an Additional Insured Endorsement naming as additional insured the City and its officers, consultants, agents, and employees while on the Project and acting within the scope of their duties. For any claims related to the Project, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
10.10 Prior to commencement of Work under this Contract, the Contractor shall furnish endorsements from each of the insurance companies.
10.11 The Contractor shall reimburse the City and the Engineer for all costs and expenses, including attorney's fees, incurred by said City and the Engineer, in enforcing the provisions of Section 11.0 of this Contract.
11. NOTICES.
Any notices to be given under this Contract, or otherwise, shall be served by certified mail and addressed and delivered as listed below:
City of Del Mar CTT Contemporary Furniture
Incorporated
Attn: City Clerk Attn: Clyde Turner
1050 Camino del Mar 7034 Carroll Road
Del Mar, CA 92014 San Diego, CA 921121
[email protected] [email protected]
12. LIQUIDATED DAMAGES; EXTENSION OF TIME.
In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of two hundred and fifty dollars ($250) per day for each calendar day completion is delayed beyond the time allowed pursuant to 9 October 2, 2023 Item 07
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND CTT CONTEMPORARY FURNITURE INCORPORATED
FOR 25th STREET LIFEGUARD TOWER DOOR REPLACEMENT PROJECT
paragraph 3 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of CONTRACTOR, including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay.
13. PERFORMANCE.
The City hereby promises and agrees with the Contractor to employ, and does hereby employ the Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, and in the manner and upon the conditions hereinafter set forth, and the City and the Contractor for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.
14. CONTRACT AUTHORITY OVER PROPOSAL.
It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the Bid or Proposal of the Contractor, then this instrument shall control, and nothing herein shall be considered as an acceptance of the said terms of said Proposal conflicting herewith.
15. CONTRACT DOCUMENTS.
The Contract consists of the following documents, all of which are component parts of the Contract as if herein set out in full, or attached hereto:
1. Proposal
2. Contract
3. Worker's Compensation Certificate
4. Plans & Standard Drawings, Approved Submittals, Exhibits, and Site Photos
5. Addenda and approved Change Orders
All the above-named Contract Documents are intended to be complementary. The Work required by one of the above-named documents and not by others shall be performed as if required by all. Any conflicts in terms or requirements of any of the Contract Documents shall be determined by the order of precedence set forth in the GREENBOOK.
16. ATTACHMENTS.
The following Contract Documents are attached hereto:
A. Scope of Work
B. Proposal/Bid Schedule/Schedule of Values
C. Worker's Compensation Certificate
10 October 2, 2023 Item 07
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND CTT CONTEMPORARY FURNITURE INCORPORATED
FOR 25th STREET LIFEGUARD TOWER DOOR REPLACEMENT PROJECT
17. 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 ensure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
18. CALIFORNIA LAW; VENUE/MISCELLANEOUS.
This Contract shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Contractt shall be brought in the County of San Diego, California. Contractor hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
19. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION AND CONTROL ACT OF 1986.
Contractor certifies that Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract.
20. NO WAIVER.
No failure of either the City or the Contractor t to insist upon the strict performance by the other of any covenant, term or condition of this Contract, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Contract shall constitute a waiver of any such breach of such covenant, term or condition.
21. SEVERABILITY.
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
22. CONFLICTS BETWEEN TERMS.
If an apparent conflict or inconsistency exists between the main body of this Contract and the Exhibits, the main body of this Contract shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Contract, the law, rule, regulation, order, or code shall control.
Varying degrees of stringency among the main body of this Contracts, the Exhibits, 11 October 2, 2023 Item 07
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND CTT CONTEMPORARY FURNITURE INCORPORATED
FOR 25th STREET LIFEGUARD TOWER DOOR REPLACEMENT PROJECT
and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Contract.
23. SIGNING AUTHORITY.
The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract, which will be effective as of the date of the City’s execution of the Contract listed below.
CITY OF DEL MAR, CTT CONTEMPORARY FURNITURE,
a municipal corporation a California Corporation
By: By:
Ashley Jones, City Manager Clyde Turner, President
Date: Date:
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
12 October 2, 2023 Item 07
ATTACHMENT A – SCOPE OF WORK AND
PROPOSAL/BID SCHEDULE/SCHEDULE OF VALUES
SEE EXHIBIT A – CTT FURNITURE PROPOSAL 09-11-2023
13 October 2, 2023 Item 07
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND CTT CONTEMPORARY FURNITURE INCORPORATED
FOR 25th STREET LIFEGUARD TOWER DOOR REPLACEMENT PROJECT
ATTACHMENT B - WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the Labor Code provides in part as follows:
"Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.” I hereby certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
CONTRACTOR'S NAME:
ADDRESS:
BOND NO.:
SIGNATURE:
PRINT NAME/TITLE OF SIGNER:
DATE:
14 October 2, 2023 Item 07
CTT
FURNITURE
Proposal
9-11-23
From: Clyde Turner , CTT Furniture
7034 Carroll Rd
San Diego, Ca 92121 USA
Tel 858-587-9311 Cell 619 857 3816
E-mail: [email protected]
Bill to/ship to: City of Del Mar
2 @ restroom doors and jambs:
Doors with raised panel lower sections, stiles and rails, ½” laminated glass with obscure ( sandblast effect ) film and tempered safety glass. Jambs and stops to be prefinished and screwed ( stainless) to existing concrete and block walls. Re -caulk all seams. (Note touch up wall paint by others) Doors to use existing deabolt/thumbturn lock assemblies. CTT to provide new 316 Marine stainless 4 ½ by 4 ½ commercial butt hinges ( 4 per door), CTT to provide Stainless steel door pulls and backplates ( 2 per door). CTT to provide new very high quality commercial heavy use door closure mechanism and new Stainless steel deck mounted door stoppers.
Proposal includes shop drawings for approval upon acceptance of budget proposal, ( City of Del Mar to check ADA Compliance and supply any permits necessary ) , fabrication, pre finishing, installation of Door, Jamb, and Hardware.
Each door set installation to take 1.5 days of non use of the restroom.
Includes all compliance certifications, additionally insured, etc etc.
Martin Boyd
25th St Lifeguard Tower doors
Alt # 1 door to be made of Sapele lumber ( as existing) 1 ¾ by 3’0 by 6’8. Doors shop finished in 3 coats marine varnish (Epifanes satin or equal) Stain as desired
Door and all hardware $ 8,220 ea $ 15,580
Installation each $ 1,500 ea 3,000
1 pair ocean facing shutters to replace existing: Doors with raised panel upper and lower sections, stiles and rails, New wide stops to be applied to existing jambs. ( Note touch up wall paint by others) Doors to use existing deabolt/thumbturn lock assemblies. CTT to provide new 316 marine stainless 4 ½ by 4 ½ commercial butt hinges ( 4 per door), CTT to provide stainless interior throw bolts. Proposal includes shop drawings for approval, ( City of Del Mar to check ADA Compliance and supply any permits necessary ) , fabrication, pre finishing, installation of Door, and Hardware. Includes all compliance certifications, additionally insured, etc etc.
Alt # 1 pair of doors to be made of Sapele lumber ( as existing) 1 ¾ by 22” by 82” . Doors shop finished in 3 coats marine varnish (Epifanes satin or equal) Stain as desired
Door and all hardware $ 8,450 pr
Installation pair $ 2,000 pr.
EXHIBIT A
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1 @ main office dutch door
Door with raised panel lower sections, stiles and rails, upper section to have ½” laminated and tempered clear safety glass inset panel (Note touch up wall paint by others) Doors to use existing deabolt/thumbturn lock assemblies.
CTT to provide new 316 Marine Stainless 4 ½ by 4 ½ commercial butt hinges ( 4 per door), CTT to provide Stainless slide bolts. CTT to provide new deck mounted door stoppers.
Proposal includes shop drawings for approval, ( City of Del Mar to check ADA Compliance and supply any permits necessary ) , fabrication, pre finishing, installation of Door, and Hardware. Door set installation to take 1.5 days.
Includes all compliance certifications, additionally insured, etc etc.
Alt # 1 dutch door to be made of Sapele lumber ( as existing) 1 ¾ by 44 by 82. Doors shop finished in 3 coats marine varnish (Epifanes satin or equal) Stain as desired
Door and all hardware $ 8,605
Installation $ 2,000
Project total $ 39,635
Note: all exterior woodworking to be maintained and inspected annually. All parts of the doors, edges and tops and bottoms, etc to be well varnished at all times. Any damage to doors to be repaired immediately and any open exposed wood to be sealed and varnished.
Keyed Deadbolts and latches inspected and lubricated at time of installation. Any failing parts , excessive wear, or corrosion to be be brought to the attn of the project manager.
Fabrication time from signed contract 12-16 weeks. Bid valid 90 days.
Thank you,
Clyde
•FINE FURNITURE • CUSTOM CABINETRY • TRADITIONAL JAPANESE• CONTRACTORS LIC. # 651090
7034 CARROLL RD. SAN DIEGO, CA. 92121 TEL 858 587 9311 FAX 858 587 6706 E MAIL TO: [email protected]
WWW.CTTFURNITURE.NET
16 October 2, 2023 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Mayor Tracy Martinez and Council Member Dwight Worden, Liaisons to the Parks and Recreation Committee
Prepared by Denise Galvan, Management Analyst
DATE: October 2, 2023
SUBJECT: Parks and Recreation Committee Appointment
REQUESTED ACTION/RECOMMENDATION:
The City Council Liaisons to the Parks and Recreation Committee recommend that the City Council appoint Ann Feeney as a voting member to the Committee to serve the balance of a vacant term starting October 2, 2023, and ending on January 1, 2024.
DISCUSSION/ANALYSIS:
The Parks and Recreation Committee (Committee) was established to advise the City Council on matters related to City parks and open space lands, recreation facilities, trails and scenic preserves, and to plan for specific development of Del Mar’s open space. The Committee reviews the City’s need for park and recreation facilities and guidelines governing the use and enjoyment of public parks and open space lands; makes recommendations to City staff regarding the efficient and adequate maintenance of City parks and open space lands; and reviews guidelines governing the use of the City’s trails and the Adopt-a-Spot Program. The Committee consists of seven voting members serving three-year terms. One member may be a non-resident.
There is currently one vacancy on the Committee due to the unfortunate passing of member Felise Levine on August 10, 2023. City staff advertised the vacancy, and one Citizen Interest Form was received during the recruitment period from Ann Feeney (Attachment A). The Council Liaisons to the Committee recommend that the City Council appoint Ann Feeney as a voting member to fill the balance of the vacant term effective October 2, 2023, and ending on January 1, 2024. This appointment, if approved by the City Council, would not count as a term towards the consecutive two-term limit because the appointment is less than six months in accordance with City Council Policy 200 Section E.5.
If the recommended appointment is approved by the City Council, the Committee will have a full roster with no remaining vacancies. A copy of the current Committee roster is included as Attachment B.
ATTACHMENTS:
Attachment A – Citizen Interest Form
Attachment B – Current Parks and Recreation Committee Roster 1 October 2, 2023 Item 08
CITIZEN INTEREST FORM
1050 Camino Del Mar, Del Mar California 92014 | (858) 755-9313 | https://www.delmar.ca.us/ Form Approved 12/7/21; Revised 6/14/2023
Thank you for your interest in serving the Del Mar Community. Please use this Citizen Interest Form to apply to serve on a City of Del Mar advisory committee, Planning Commission, or Design Review Board. The City of Del Mar greatly values the many talented citizens who volunteer to serve in city government. We encourage you to get involved. Please indicate whether you are seeking to serve on the Del Mar Planning Commission, Design Review Board, or one or more of the City’s many advisory committees, and please note your order of preference indicating 1st, 2nd choice, etc.
Before making your selection, we encourage you to spend some time learning about what each entity does, what its mission is, and what your role would be if you were appointed. Please note that in addition to the general questions below to be answered by all applicants, there are also specific questions tailored to service on the Planning Commission, Design Review Board, or an advisory committee to be answered as well.
Before applying, you are encouraged to attend or watch a committee meeting and review recent committee agendas and meeting minutes. If appointed, you will be expected to attend the meetings, which typically last about 2 hours in length, or more depending on the agenda, and require about 1 hour of preparation time for each meeting. Please note that in accordance with City Council Policy 200, committee members must not miss more than three meetings in a given calendar year. Committee meeting times vary, so please review the website calendar to make sure the meeting times for the committee you are applying for work for your schedule: Public Meeting Calendar.
You can also view current committee webpages, charters, and member rosters to get more information about each committee. In accordance will Council Policy 200- City Council Advisory Committees, Boards and Commissions members of the public may serve on two boards, committees or commissions concurrently except in special circumstances as determined by the Council. Additionally, the number of consecutive terms that an individual may serve on a committee is two unless the City Council makes an exception if they feel it is to the benefit of the committee to re-appoint an individual to a third term. Please note that ex-officio members are non-voting and may be non-residents.
Form Submittal: Citizen Interest Forms must be submitted by the published deadline. Forms can be submitted in-person or by mail at: Del Mar City Hall, 1050 Camino del Mar, Del Mar 92014; or via email: [email protected].
IMPORTANT: Save the form on your computer prior to filling it out. Do not fill out the form in the Internet browser.
Attachment A
2 October 2, 2023 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Last Name First Name Middle Initial
Home Street Address* City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2
nd choice, etc.):
___ Design Review Board ___ Planning Commission
Arts Advisory Committee Parks and Recreation Committee
Finance Committee Traffic and Parking Advisory Committee Measure Q Citizen Oversight Committee Lagoon Committee
Other(s) (please indicate):______________ Sustainability Advisory Committee Qualifications for appointment and/or reasons for application (attach additional pages as needed):
Education:
*Applicants are required to provide a physical residency address. Mailing addresses or Post Office boxes will not be accepted. The City will maintain all residency addresses strictly confidential.
Feeney Ann J
Del Mar, CA
x
I was on the Tree Subcommittee of the Sustainability Advisory Board for 3-4 years, with our goal to increase the tree canopy of Del Mar (one of our Climate Action Plan goals). I am interested in preserving and enhancing the City’s parks and public spaces, paths and trails, for all to enjoy. I am a member of the Del Mar Garden Club, and I am also a volunteer with Sierra Club, where we also try to expand people’s experiences of the outdoors. I would be happy to be of service to the city to enhance our outdoor spaces.
B.A. Newton College, Newton, MA
Ph.D. Cornell University Graduate School of Medical Sciences, NY, NY Postdoctoral studies UCSD and Fox Chase Cancer Center (Philadelphia, PA) Received on 9/4/2023 1:11 pm
3 October 2, 2023 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):
Name all of the Del Mar Committees/Boards/Commissions that you now serve on:
Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:
Optional: Please list three Del Mar residents who can provide a reference**:
NAME STREET NAME (no house
number)
Phone Number
**Due to Brown Act limitations that restrict communications between Councilmembers regarding upcoming actions of the City Council, please do not include a current sitting Councilmember as a reference for your appointment.
Residency
Month Year
I have been a resident of California since:
I have been a resident of San Diego County since:
I have been a resident of Del Mar since:
Are you a full-time or part-time resident of Del Mar? ☐ Full-time ☐ Part-time
Is Del Mar your primary place of residence? ☐ Yes ☐ No
Are you a register voter in Del Mar? ☐ Yes ☐ No
Sustainability Advisory Committee (previously Sustainability Advisory Board) Del Mar Garden Club, member since 2019
grew milkweed plants for the Monarch Garden at the Civic Center Sierra Club volunteer
SanDiego350 volunteer
Research Scientist, Scripps Research Institute, 26 years (retired 2018) Sustainability Advisory Committee Sustainability Advisory Committee/Board 2014-present (term ends 1/2/24) Mary Friestedt Bellaire St Linda Chisari Crest Road Dolores Davies Jamison Crest Road January 1976 January 1985 January 1985 ✔ ✔
✔
4 October 2, 2023 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.
1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.
Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?
2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.
Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.
What aspects of the City’s finances most interest you and why? 5 October 2, 2023 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. To avoid conflicts of interest, members of the Measure Q Citizen Oversight Committee cannot concurrently serve on the Undergrounding Project Advisory Committee. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
☐ Other (please explain): ____________________________________________________
4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☐ Resident
☐ Other (please explain): ____________________________________________________ What part of town do you live in? Geographic diversity is desirable and will be taken into account.
Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☐ North Hills
☐ Valley
Do you have any special expertise or experience related to traffic and parking? If yes, please explain:
5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.
Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.
What aspects of the City’s parks and recreation most interest you and why? Sierra Club volunteer
Tree subcommittee, Sustainability Advisory Board/Committee Del Mar Garden Club member
maintaining and enhancing the beauty and health of the City’s parks and open spaces for all to enjoy
6 October 2, 2023 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.
What aspect(s) of being on the Lagoon Committee most interest you and why?
7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.
What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.
8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.
In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?
9. Undergrounding Project Advisory Committee
The Undergrounding Project Advisory Committee is seeking applicants with an interest in the citywide undergrounding project. To avoid conflicts of interest, members of the Undergrounding Project Advisory Committee cannot concurrently serve on the Measure Q Citizen Oversight Committee.
Geographic diversity is desirable and will be taken into account. What part of town do you live in? Check the neighborhood map to verify your neighborhood.
☐ North Bluff ☐ North Beach
☐ South Beach ☐ Village Center
☐ South Bluff ☐ South Hills
☐ North Hills ☐ Valley
7 October 2, 2023 Item 08
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.
Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.
By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.
By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. _____________________________ __________________________ Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
9-9-23
8 October 2, 2023 Item 08
City of Del Mar
Parks & Recreation Committee
Appointing Authority City Council
Claire Mcgreal
2nd Term Jun 02, 2019 - Mar 02, 2025
Position Vice Chair
Arlene Prater
1st Term Mar 21, 2022 - Mar 31, 2025
Appointing Authority City Council
Position Chair
Mac McLoughlin
2nd Term Sep 06, 2022 - Sep 30, 2025
Appointing Authority City Council
Marco Bruderer-schwab
1st Term Oct 04, 2022 - Oct 31, 2025
Appointing Authority City Council
Lynn Gaylord
1st Term Feb 21, 2023 - Feb 28, 2026
Mary E. Friestedt
2nd Term Feb 02, 2023 - Feb 28, 2026
Appointing Authority City Council
Position Secretary
Vacancy
Board Roster
Parks & Recreation Committee Page 1 of 1
9 October 2, 2023 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Karen Falk, Principal Engineer
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: October 2, 2023
SUBJECT: Purchase of Real Property Related to the Del Mar Riverpath Phase 3 Project
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve a Purchase & Sale Agreement (Attachment A) for the purchase of Assessor Parcel Number (APN) 299-200-51 (Property); 2) Adopt a Resolution (Attachment B) authorizing recordation of a Certificate of Acceptance (Attachment C) and a Grant Deed (Attachment D) to purchase real property known as APN 299-200-51; and 3) Authorize the City Manager to execute and record documents necessary to facilitate acquisition of the Property.
DISCUSSION/ANALYSIS:
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 Grand Avenue Overlook and the Crest Canyon Reserve Trail, as envisioned in the Del Mar Community Plan (General Plan). The project will enhance access to outdoor recreation opportunities, bird watching, photography, and expand opportunities to raise awareness about the environment.
In order to proceed with the Project as proposed, the City has been in real property negotiations with the property owner of a small private property, approximately 9,939 square feet or .23 acres in size, known as San Dieguito Drive Right-of-Way, west of (w/o) Racetrack View Drive; APN 299-200-51. This privately-owned vacant property underlies approximately 160 feet of proposed Project trail. The negotiated purchase price for the property is $10,000.
Pursuant to California Government Code Section §27281, to process a dedication-in-fee (transfer of underlying ownership), the receiving government agency must execute a 1 October 2, 2023 Item 09
City Council Agenda Report
Acceptance of Real Property
October 2, 2023
resolution or certificate of acceptance (Attachment B). Should the Council accept the real property, a Grant Deed (Attachment D) would be recorded at the San Diego County Recorder’s Office transferring ownership of the subject Property to the City.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item.
Sufficient funds are already available in the Fiscal Year 2023-2024 Operating and Capital Budget in the Riverpath Del Mar project budget to cover the purchase price for the property.
ENVIRONMENTAL IMPACT:
This action is consistent with the City’s Initial Study and Determination, and the Draft Mitigated Negative Declaration (EA19-001), which was certified in a duly noticed public hearing by the Del Mar City Council on June 6, 2022, and that the following exemptions are applicable: The action being considered is Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15317 “Open Space Contracts or Easements” which is the acceptance of easements or fee interest in order to maintain the open space character of an area. Additionally, CEQA Guidelines Section 15313 “Acquisition of Lands For Wildlife Conservation Purposes” is applicable where the acquisition is to preserve the land in its natural condition. The Del Mar Phase 3 Riverpath 3 project purpose to maintain the open space character of the area and to ensure that the land is preserved in its natural condition.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Completion of the Phase 3 River Path Project is a Tier 1 City Council priority project for Fiscal Year 2023-2024.
ATTACHMENTS:
Attachment A- Purchase & Sale Agreement for APN 299-200-51 Attachment B- Resolution Accepting Real Property APN 299-200-51 Attachment C- Certificate of Acceptance
Attachment D - Grant Deed
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR,
CALIFORNIA, ACCEPTING REAL PROPERTY KNOWN AS ACCESSOR
PARCEL NUMBER (APN) 299-200-51 FROM ALEXANDER
VONLOKNER FOR USE AND OPERATION OF PUBLIC BENEFIT TO
THE CITY OF DEL MAR
WHEREAS, the Del Mar Phase 3 Riverpath Project (Project) is a priority project for the City Council that, when complete, will offer significant community benefit such as enhanced recreation trails along the San Dieguito Lagoon; and WHEREAS, the Del Mar Community Plan (General Plan) Goal 2(A)(4) of the Transportation Element states the City’s goal is to, “Develop a continuous pedestrian loop trail which extends around the perimeter of the City while connecting and passing through areas of natural and scenic value without unnecessarily imposing on residential privacy.”; and
WHEREAS, the Del Mar Phase 3 Riverpath Project required a Conditional Use Permit, Coastal Development Permit, and environmental review due to the location of the Project; and
WHEREAS, in a duly noticed public hearing by the Del Mar City Council on June 6, 2022, the Conditional Use Permit (CUP22-002) and Mitigated Negative Declaration (EA19-001) were approved and adopted; and
WHEREAS, the Del Mar Phase 3 Riverpath Project required a consolidated Coastal Development Permit to be issued by the California Coastal Commission due to the project being partially located within the Coastal Commission’s Original Permit Jurisdiction and the California Coastal Commission conditionally approved the consolidated Coastal Development Permit CDP #6-22-0490 on December 14, 2022; and
WHEREAS, Alexander Vonlokner owns real property known as APN 299-200-51, which underlies approximately 160 feet of trail proposed as part of the Project; and WHEREAS, purchase of APN 299-200-51 is necessary to complete the Del Mar Phase 3 River Path Project and for the City to realize the public benefits associated with the Project’s completion; and
WHEREAS, in order to accomplish the Project, the City Council authorized a Purchase and Sale Agreement, Certificate of Acceptance and Grant Deed necessary for City’s acquisition of APN 299-200-51 more specifically identified and described in the attached Exhibit “A-1” which is hereby incorporated in this Resolution by this reference, (Property); and
19 October 2, 2023 Item 09
Resolution No. 2023-___
WHEREAS, subsequent to the City Council’s approval of the Grant Deed, the document will be recorded by First American Title Insurance Company as directed by staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar herby finds that the acceptance of the real property being conveyed to the City as shown in Exhibit “A” conforms to the Del Mar Community Plan (General Plan).
NOW, BE IT FURTHER RESOLVED, the City Council, hereby finds that the requirements of Government Code Section 65402 are met as the Community Plan (General Plan) envisions a trail that allows for pedestrian access along the San Dieguito River and Lagoon as a component part of the City’s Scenic Loop Trail and the proposed Project and property purchase is consistent with Goal 2(A)(4) of the Community Plan’s Transportation Element.
BE IT FURTHER RESOLVED, that the City Council authorizes the City to accept such conveyance. This Resolution constitutes the resolution of acceptance by the City of the conveyance of the Property for the purposes of Government Code Section 27281.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager or the City Manager's designee to execute such other documents and take such other actions on behalf of the City as may be required to implement the conveyance of the Property by Alexander Vonlokner to the City in order to implement the intent of this Resolution.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager or the City Manager's designee to file a Notice of Exemption in accordance with California Environmental Quality Act (CEQA) Guideline Sections 15313 and 15317 in connection with the transactions contemplated by this Resolution. This action is also consistent with the City’s Initial Study and Determination and adopted Mitigated Negative Declaration (EA19-001adopted by the Del Mar City Council on June 6, 2022.
BE IT FURTHER RESOLVED, this Resolution shall take immediate effect from and after its passage and approval.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held on the 2nd day of October 2023. _____________________________
Tracy Martinez, Mayor
City of Del Mar
20 October 2, 2023 Item 09
Resolution No. 2023-___
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-___, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 2nd day of October, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
21 October 2, 2023 Item 09
Resolution No. 2023-___
Exhibit A
Legal Description of the Property
Real property in the City of Del Mar, County of San Diego, State of California, described as follows:
ALL THAT PORTION OF THE NORTHEASTERLY 10 FEET OF LOT 768 AND THAT
PORTION OF SAN DIEGUITO DRIVE AS VACATED AND CLOSED TO PUBLIC USE ADJOINING SAID LOT 768 ON THE EAST AND NORTHEAST OF ARDEN HEIGHTS NO. 6 IN THE CITY OF DEL MAR, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1592, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 768; THENCE
NORTHERLY ALONG THE NORTHWESTERLY LINE OF THAT PORTION OF
SAID SAN DIEGUITO DRIVE AS VACATED AND CLOSED TO PUBLIC USE A DISTANCE OF 20 FEET TO THE CENTER LINE OF SAID DRIVE; THENCE
SOUTHEASTERLY ALONG SAID CENTER LINE TO THE EASTERLY LINE OF SAID ARDEN HEIGHTS NO. 6; THENCE SOUTHERLY ALONG SAID EASTERLY
LINE TO A POINT IN THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 10 FEET OF SAID LOT 768;
THENCE NORTHWESTERLY ALONG SAID PROLONGATION TO AND ALONG THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 10 FEET OF SAID LOT TO THE WESTERLY LINE OF SAID LOT 768; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
APN: 299-200-51-00
22 October 2, 2023 Item 09
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest of real property conveyed by the individual Grant Deed dated on __________, 2023, by Alexander Vonlokner (the “Grantor”) to the City of Del Mar (the “Grantee”), a municipal corporation formed as a Charter City under the laws of California, is hereby accepted by the undersigned officer on behalf of the City Council of the City of Del Mar, pursuant to authority conferred by Resolution No. 2023-XX, adopted on October 2, 2023, and Grantee consents to recordation thereof by its duly authorized officer.
Dated: October X, 2023
_______________________
Sarah Krietor, City Clerk
City of Del Mar
23 October 2, 2023 Item 09
RECORDING REQUESTED BY:
CITY OF DEL MAR
AND WHEN RECORDED MAIL TO:
City of Del Mar
Attn: City Clerk
1050 Camino del Mar
Del Mar, CA 92014
MAIL TAX STATEMENTS TO:
EXEMPT per Govern Code 6103
(THIS SPACE FOR RECORDERS USE ONLY)
GRANT DEED
ASSESSOR’S PARCEL NO: 299-200-51
Recording Fee: Exempt
(Government Code Section 27383)
Documentary Transfer Tax: Exempt
(Revenue and Taxation Code Section 11922)
The undersign grantor hereby declare(s):
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Alexander and Dominique Vonlokner Owner (“Grantor”) hereby grants and conveys to the City of Del Mar, a Chartered Municipal Corporation (“Grantee”), together with the right to further grant or transfer the same to others, that certain unimproved real property situated in the City of Del Mar, County of San Diego, State of California as further described in Exhibit “A” attached hereto and incorporated by reference (“Property”).
Said Grant Deed shall be subject to those terms and conditions as set forth in that certain Purchase and Sale Agreement dated September 14, 2023, and recorded concurrently herewith.
DATE: September ____ ,2023
GRANTOR:
BY:
Grantor: Alexander Vonlokner
24 October 2, 2023 Item 09
Exhibit “A”
Legal Description of the Property
Real property in the City of Del Mar, County of San Diego, State of California, described as follows:
ALL THAT PORTION OF THE NORTHEASTERLY 10 FEET OF LOT 768 AND THAT
PORTION OF SAN DIEGUITO DRIVE AS VACATED AND CLOSED TO PUBLIC USE ADJOINING SAID LOT 768 ON THE EAST AND NORTHEAST OF ARDEN HEIGHTS NO. 6 IN THE CITY OF DEL MAR, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1592, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 768; THENCE
NORTHERLY ALONG THE NORTHWESTERLY LINE OF THAT PORTION OF SAID
SAN DIEGUITO DRIVE AS VACATED AND CLOSED TO PUBLIC USE A DISTANCE OF 20 FEET TO THE CENTER LINE OF SAID DRIVE; THENCE SOUTHEASTERLY
ALONG SAID CENTER LINE TO THE EASTERLY LINE OF SAID ARDEN HEIGHTS NO. 6; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO A POINT IN THE
SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 10 FEET OF SAID LOT 768; THENCE NORTHWESTERLY ALONG
SAID PROLONGATION TO AND ALONG THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 10 FEET OF SAID LOT TO THE WESTERLY LINE OF SAID LOT 768; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
APN: 299-200-51-00
25 October 2, 2023 Item 09
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Adriana Jaramishian, Associate Planner
Karen Falk, Principal Engineer
Mariel Cairns, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: October 2, 2023
SUBJECT: Riverpath Del Mar Extension Project Phase 3 Design Review Permit, Land Conservation Permit, and Final Design Acceptance
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Adopt a Resolution (Attachment A) conditionally approving Design Review Permit DRB23-008 and Land Conservation Permit LC23-003 for the construction and associated grading of the Riverpath Del Mar Extension Project Phase 3; and 2) Accept the Final Design.
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. The Project will create non-motorized access between the Grand Avenue Overlook and the Crest Canyon Reserve Trail. Further, the Project will enhance access to outdoor recreation opportunities, bird watching, photography, and expand opportunities to raise awareness about the environment.
The Project was discussed with the City’s Lagoon Committee on April 20, 2022, and the Committee unanimously recommended adoption of the Project’s Mitigated Negative Declaration (MND) environmental determination. On May 10, 2022, the Planning Commission also unanimously recommended approval of the Project’s 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 required 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 their respective 1 October 2, 2023 Item 12
City Council Agenda Report
Riverpath Phase 3 Permitting
October 2, 2023
agencies 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 Coastal Development Permit 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 the documents requested by CCC prior to the issuance of the CDP, and CCC staff are currently reviewing those materials. All environmental and permitting requirements have been incorporated into the Project’s Final Design.
The Lagoon Committee reviewed the Project again on April 19, 2023, and recommended approval of the final design. The Design Review Board reviewed the final design and unanimously recommended approval of Design Review Permit DRB23-008 and Land Conservation Permit LC23-003 on May 24, 2023.
The City Council reviewed the final design at their September 18, 2023, meeting and recommended to move the project design forward for approval. Approval of the Final Design and the permits discussed above are being presented to the City Council for consideration as part of a required public hearing.
PROJECT DESCRIPTION:
The new pedestrian trail varies between a decomposed granite (DG) path and planked boardwalk as shown on the final engineered drawings included as Attachment B.
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. The Project includes a cable post fence along the entirety of the lagoon side of the path.
The Project also includes 1,375 LF of at-grade or elevated planked 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. The decking will be made of laminated and bonded timber beams and has a lifespan of 50-75 years and requires minimal maintenance. Alternative decking materials were evaluated; however, laminated timber beams were ultimately selected since they are the most costeffective outdoor material.
Along the elevated boardwalk, the fencing is required to ensure fall protection and will be installed with 42-inch minimum high rails with cables separated by 4-inches on center.
Additional fencing will be included along the DG portion of the path to maximize protection of the sensitive habitat.
All new cables will be made of high- grade stainless steel. Although not fully climate proof, the high-grade stainless steel proposed for this Project will have a higher resistance to rust and corrosion, which is important considering the Project’s coastal location. As part of Riverpath Phase 2, a cable post fence with galvanized steel was installed and has 2 October 2, 2023 Item 12
City Council Agenda Report
Riverpath Phase 3 Permitting
October 2, 2023
shown wear, including rust in some areas. Public Works will be reviewing the Phase 2 fencing and determining necessary maintenance.
At the eastern terminus of the Project, pedestrians will be directed to a safe street crossing area behind a 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 across the street at the end of the boardwalk.
DISCUSSION/ANALYSIS:
Design Review Ordinance Consistency (DRB23-008)
Staff has reviewed the Project to evaluate its consistency with the Design Review Ordinance (Del Mar Municipal Code Chapter 23.08) and applicable corresponding Design Guidelines. Due to topographical constraints adjacent to San Dieguito Drive, the path would meander south of the San Dieguito Lagoon and would transition between the DG trail, at-grade boardwalk, and elevated boardwalk to avoid and minimize potential impacts from grading to biological resources to the greatest extent feasible.
The installation of the trail in certain areas would include pre-made footings/pins with a concrete head to support the elevated boardwalk deck structure, which would substantially avoid and reduce impacts to the natural habitat. The Project is designed to withstand flooding from the lagoon, uses standard materials for a pathway of this type, and would not block any public or private views.
Land Conservation Ordinance Consistency (LC23-003)
Del Mar Municipal Code (DMMC) Chapter 23.33 requires that a Land Conservation Permit be obtained if development includes grading that exceeds 25 cubic yards of cut or fill, and results in an alteration in the existing or natural grade elevation in excess of 18 inches. Section 23.33.040 also stipulates that a request for a Land Conservation Permit must be approved unless the Design Review Board (DRB) finds that the request conflicts with one or more of the seven findings listed in that Chapter.
The purpose of the grading for the Project is for the installation of the proposed pathway.
The proposed improvement plans show 60 cubic yards of cut grading and 40 cubic yards of fill grading, with a grade change of 1-2 feet in the areas of the proposed at-grade boardwalk. In the areas of the DG pathway and elevated boardwalk, the grade will be retained. As previously mentioned, the Project was designed to minimize impacts to the greatest extent feasible, including minimizing the loss of vegetation. The Project will not create major interruption of drainage patterns or alter the natural formations or topography excessively and is consistent with Del Mar Municipal Code requirements.
Correspondence
As of the writing of this report, one letter of correspondence was received from the owner of 1601 San Dieguito Drive (Attachment C). The nature of the letter was to express that there should not be any barrier or fencing installed as part of the Project. Fencing is required for fall protection when there is a vertical drop higher than 30-inches within 36- inches horizontally from the edge of the walking surface, making fencing along most of 3 October 2, 2023 Item 12
City Council Agenda Report
Riverpath Phase 3 Permitting
October 2, 2023
the boardwalk portion a requirement. The City’s Lagoon Committee recommended expanding the planned fencing along the entire alignment to maximize protection of the sensitive habitat and species found in the Lagoon. On September 18, 2023, the City Council directed staff and the City’s engineering consultant to include the additional recommended cable post fencing along the entirety of the Lagoon side of the Project alignment in the final design and bid documents for the Project.
Recommendation
The City Council should review the Project for consistency with the applicable provisions of the Design Review Ordinance (DMMC Chapter 23.08) and Land Conservation Ordinance (23.33). Planning Department staff has provided analysis pertaining to the Project’s compliance with the standards of the above-cited Chapters. Based on the Project’s consistency with the applicable standards of review for Design Review and Land Conservation Permits, staff recommends that the Council adopt the Resolution included as Attachment A, conditionally approving the Project. The City Council should additionally approve the Final Design, making the drawings “shovel-ready” as staff continues to seek additional funding sources for construction.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item.
ENVIRONMENTAL IMPACT:
The 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 – Resolution Approving DRB23-008; LC23-003 Attachment B – Riverpath Phase 3 Final Design Drawings
Attachment C – Public Correspondence
4 October 2, 2023 Item 12
ATTACHMENT A
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, TO APPROVE DESIGN REVIEW (DRB23-008)
AND LAND CONSERVATION (LC23-003) PERMITS TO
CONSTRUCT AN APPROXIMATELY 2,070 LINEAR-FOOT
EXTENSION OF THE RIVERPATH DEL MAR TRAIL WITH
ASSOCIATED GRADING NORTH OF SAN DIEGUITO DRIVE IN
THE FLOODWAY ZONE AND LAGOON OVERLAY ZONE, IN DEL
MAR, CALIFORNIA
WHEREAS, it is the intention of the City of Del Mar to construct approximately 2,070 linear-foot extension to the Riverpath Del Mar trail, terminating at the eastern boundary of the City and the Crest Canyon Trail; to install trail amenities, perform minor vegetation removal and grading, and debris removal (Project); and
WHEREAS, the Project site is located within the Floodway and Lagoon Overlay Zones; and
WHEREAS, the Project qualifies as a project under the California Environmental Quality Act (CEQA) Public Resource Code 2100-21178, and is not exempt; and WHEREAS, the City conducted an Initial Study and Determination, and prepared a Draft Mitigated Negative Declaration (EA19-001), which was certified in a duly noticed public hearing by the Del Mar City Council on June 6, 2022; and WHEREAS, the Project is a public pathway and does not include development or removal of enclosed structures. Therefore, approval of the requested discretionary development application would have no impact on the City of Del Mar’s housing supply or housing affordability; and
WHEREAS, on May 24, 2023, in a duly noticed public hearing the Design Review Board of the City of Del Mar held a public hearing on DRB23-008 and LC23-003, and at which time all persons desiring to be heard were heard; and WHEREAS, the Design Review Board unanimously recommended approval of the Project referred to as DRB23-008 and LC23-003 to the City Council; and WHEREAS, the Project requires a consolidated Coastal Development Permit to be issued by the California Coastal Commission due to the project being partially located within the Coastal Commission’s Original Permit Jurisdiction; and WHEREAS, the California Coastal Commission conditionally approved the consolidated Coastal Development Permit (CDP #6-22-0490) on December 14, 2022; and WHEREAS, on October 2, 2023, the City Council of the City of Del Mar held a duly noticed public hearing to review the referenced entitlements, and at which time all persons desiring to be heard were heard; and
5 October 2, 2023 Item 12
Resolution 2023-XX
WHEREAS, oral and written testimony was submitted and fully considered including without limitation:
a. Plans prepared by the City.
b. Written information submitted with the application.
c. Oral testimony from staff and the public.
d. Staff report, dated October 2, 2023, which is incorporated by this reference, as though fully set forth herein.
e. Additional information submitted during the hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar as follows:
Section 1: Design Review Permit
Based upon the evidence presented during the public hearing on October 2, 2023 including written and oral staff reports, public testimony, and in accordance with DMMC Section 23.08.070, the City Council of the City of Del Mar finds that the Project, as conditioned, would not be detrimental to the Community or the environment based on the Regulatory Conclusions Sections of DMMC Chapter 23.08 (Design Review).
Section 2: Land Conservation Permit
Based upon the substantial evidence presented at the public hearing on September 18, 2023, including written and oral staff reports, public written and oral testimony, and in accordance with DMMC Section 23.33.020, the City Council of the City of Del Mar finds that the revised Project would not be detrimental to the Community or the environment based on its conformance with DMMC Chapter 23.33 (Land Conservation).
AND, BE IT FURTHER RESOLVED by the City Council that Design Review Permit DRB23-008 and Land Conservation Permit LC23-003 shall be approved, subject to the following conditions:
General Conditions:
G-1 [Business License]
Prior to commencement of any work on site, all contractors and subcontractors shall obtain a valid City of Del Mar Business License. The general contractor shall be responsible for ensuring that all subcontractors obtain all required Business License and shall retain copies of said permits on site for verification by City staff.
G-5 [Requirement for Building Permits]
6 October 2, 2023 Item 12
Resolution 2023-XX
Prior to commencement of work, the applicant or agent shall obtain all required Building Permits.
G-7 [Code Compliance]
Approval of this application shall not waive the requirement for compliance with the provisions of the Del Mar Municipal Code (DMMC) or other applicable City regulations unless specifically waived in this permit authorization.
G-13 [Permit Expiration]
This permit shall expire three years from the date of approval, expiring on September 18, 2026 unless substantial construction has been accomplished in reliance upon the permit.
Pursuant to the DMMC, substantial construction is defined as: completion of a minimum of 10% of the total amount of construction authorized by the permit, based on the monetary value of construction costs including grading, site preparation and construction but specifically excluding all costs associated with the acquisition of interest in the Project site and all costs associated with the preparation and processing of permits or plans.
Special Conditions:
SC-1 [Compliance with MND]
The Applicant shall ensure compliance with all special conditions associated with the conditional approval received on CDP #6-22-0490 from the California Coastal Commission on December 14, 2022.
Biological Resource Conditions:
BIO-1 [Temporary Construction Fencing]
Prior to construction, to help ensure inadvertent/ unauthorized impacts to environmentally sensitive areas outside of the approved impact footprint are avoided, temporary construction fencing, including silt fencing as appropriate, shall be installed at the edges of the approved impact limits of grading for the project. Temporary fencing shall be installed at all locations where the project grading for the DG trail occurs adjacent to resources depicted on Figures 8a through 8f of the Biological Technical Report. A qualified biologist shall be retained to monitor the installation of the temporary construction fencing wherever it would abut environmentally sensitive areas. Construction activities shall be restricted to areas within the approved impact limits at all times during construction.
BIO-2 [Biological Monitoring]
A qualified biologist will conduct a pre-construction environmental training session for construction personnel to inform them of the sensitive biological resources in the local area and the avoidance measures in place to remain in compliance. The biologist will regularly monitor construction activities throughout construction, including fencing installed in accordance with mitigation measure BIO-1. If items of non-compliance are identified, the biologist shall notify the on-site construction superintendent immediately to discuss and implement corrective actions. Issues of non-compliance that result in 7 October 2, 2023 Item 12
Resolution 2023-XX
additional impacts to sensitive biological resources shall be documented and provided to the City within 72 hours of identification.
BIO-3 [Habitat-Based Compensatory Mitigation]
To mitigate potential impacts on non-listed rare plant individuals (Nuttall's lotus, Southern tarplant, and Orcutt's pincushion) and significant impacts to sensitive habitat types (coastal brackish marsh, Diegan coastal sage scrub, and southern coastal bluff scrub), the City shall prepare and implement a Habitat Mitigation and Monitoring Plan (HMMP) that will prescribe actions for on- and/or off-site mitigation of the impacted resources through establishment/re-establishment, substantial rehabilitation, restoration, enhancement, and/or preservation. Specifically, impacts to coastal brackish marsh shall be mitigated at a 4:1 ratio consisting of a minimum 1:1 establishment/re-establishment, impacts to southern coastal bluff scrub shall be mitigated at a 3:1 ratio consisting of a minimum 1:1 establishment/re-establishment, and impacts to coastal sage scrub shall be mitigated at a 2:1 ratio consisting of a minimum 1:1 establishment/re-establishment.
The HMMP for the project shall be prepared prior to the start of project construction. Offsite mitigation shall be implemented within the subject target site/property located approximately 225 feet northwest of the project (Figure 9, Proposed Mitigation). A portion of the off-site target mitigation property shall be assigned to mitigate for the project (approximately 0.05 acre), and the remaining portion of the property shall be available for other mitigation efforts/projects. The HMMP shall include requirements for site preparation, soil amendments, temporary irrigation, native plant palettes, installation methods, maintenance, and performance monitoring, as appropriate. HMMP shall require that the habitat establishment/creation, re-establishment, rehabilitation, and restoration mitigation efforts be subject to a minimum five-year performance monitoring period with specific success criteria to ensure that the impacted functions and services are restored.
A protective instrument, such as a conservation easement or restrictive covenant, shall be recorded over the mitigation areas where such a protective instrument does not already exist, unless otherwise not required. The mitigation areas shall be subject to longterm management by a qualified entity approved by the City with experience in managing preserve lands (i.e., CDFW list of qualified entities). Funding for long-term management shall be provided through a non-wasting endowment or other financial mechanism approved by the City. Where project impacts and mitigation involve resources regulated by the USFWS, USACE, RWQCB, CDFW, and/or other responsible agencies such as CCC, the City shall coordinate HMMP preparation and implementation with these agencies and obtain all necessary permits and approvals from these agencies prior to HMMP implementation, as appropriate.
BIO-4 [Listed Wildlife Species Avoidance and Conservation Measures] Impacts to listed wildlife species determined to have potential to occur, including Belding's savannah sparrow, coastal California gnatcatcher, light-footed Ridgway's rail, and least Bell’s vireo shall be compensated by the implementation of habitat-based mitigation via a Habitat Mitigation and Monitoring Plan (see mitigation measure BIO-3 above). 8 October 2, 2023 Item 12
Resolution 2023-XX
If project impacts to vegetation or grading is necessary within and/or adjacent to native habitat between February 15 and September 15, then pre-construction surveys shall be conducted for federally listed bird species identified with potential to occur; including coastal California gnatcatcher, light-footed Ridgway’s rail, least Bell’s vireo, and Belding’s savannah sparrow (see BIO-5 below). Grubbing, grading, or clearing during the breeding season for these species could occur if it is determined based on the results of the preconstruction protocol surveys that the species is/are not present. If surveys conclude presence of the target species in the survey area, the City and/or federal action agency for the project shall consult with the USFWS (Section 7 or Section 10) regarding projectlevel related significant adverse effects to coastal California gnatcatcher, light-footed Ridgway's rail, and/or least Bell’s vireo, as appropriate. If Belding's savannah sparrow is detected during pre-construction protocol surveys, the City shall notify CDFW, and if required by CDFW, shall prepare/submit an application for a Section 2081(b) Incidental Take Permit for impacts to Belding's savannah sparrow.
BIO-5 [Pre-Construction Protocol Surveys]
If construction activities are scheduled to occur during the nesting season for coastal California gnatcatcher (March 1 through August 30), light-footed Ridgway’s rail (April 1 through August 31), least Bell’s vireo (April 15 to September 15), and Belding’s savannah sparrow (February 15 through June 30), a qualified biologist shall conduct preconstruction surveys to determine the presence or absence of these species. The final survey shall not be completed more than three days prior to the beginning of impacts or grading activities. If the results are negative construction shall be allowed to proceed. The Wildlife Agencies (USFWS and CDFW) shall be notified if any special status species are observed nesting within 500 feet of proposed construction activities and additional measures imposed by the Agencies shall be implemented.
No activities which would result in noise levels exceeding 60 hourly average A-weighted decibels (dBA LEQ) within this 500-foot buffer shall be allowed. Ambient background noise shall be excluded from the 60 dBA calculation. If noise-generating construction activities are not completed prior to the breeding season, sensitive bird species are present nesting, and noise levels exceed this threshold, appropriate measures shall be implemented to reduce construction noise levels at occupied habitat to below 60 dBA LEQ (one hour) including, but not be limited to, the following:
Construction equipment shall be properly outfitted and maintained with manufacturer-recommended noise-reduction devices.
Diesel equipment shall be operated with closed engine doors and equipped with factory-recommended mufflers.
Mobile or fixed “package” equipment (e.g., arc-welders and air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment.
Electrically powered equipment shall be used instead of pneumatic or internalcombustion powered equipment, where feasible. Unnecessary idling of internal combustion engines (e.g., in excess of 5 minutes) shall be prohibited.
9 October 2, 2023 Item 12
Resolution 2023-XX
The use of noise-producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only.
No project-related public address or music system shall be audible at any adjacent sensitive receptor.
Temporary sound barriers or sound blankets shall be installed between construction operations and adjacent noise-sensitive habitat. The project Contractor shall construct a temporary noise barrier at least 6 feet in height meeting the specifications listed below (or of a Sound Transmission Class [STC] 19 rating or better) to attenuate noise.
All barriers shall be solid and constructed of wood, plastic, fiberglass, steel, masonry, or a combination of those materials, with no cracks or gaps through or below the wall. Any seams or cracks must be filled or caulked. If wood is used, it can be tongue and groove or close butted seams and must be at least 3⁄4-inch thick or have a surface density of at least 3.5 pounds per square-foot. Sheet metal of 18-gauge (minimum) may be used if it meets the other criteria and is properly supported and stiffened so that it does not rattle or create noise itself from vibration or wind. Noise blankets, hoods, or covers also may be used, provided they are appropriately implemented to provide the required sound attenuation.
BIO-6 [Nesting Bird and Raptor Avoidance]
Trimming, grubbing, and clearing of vegetation shall be avoided during the general avian breeding season (generally February 1 to August 31, including raptors) to the extent feasible. If trimming, grubbing, or clearing of vegetation is proposed to occur during the general avian breeding season, a pre-construction survey shall be conducted by a qualified biologist no more than seven days prior to vegetation clearing to determine if active bird nests are present in the affected areas. The survey shall include the vegetation to be impacted and a surrounding 300-foot buffer, to the extent feasible. Surveys on privately owned properties west of the project as well islands/habitat within lagoon across open intertidal waters located east of the project are not accessible; thus, surveys in those areas are considered not feasible. If there are no nesting birds (includes nest building or other breeding/nesting behavior) detected, trimming, grubbing, and clearing of vegetation shall be allowed to proceed. If active bird nests are confirmed to be present during the pre-construction survey, a buffer zone will be established by the biologist. Construction activities shall avoid any active nests until a qualified biologist has verified that the young have fledged, or the nest has otherwise become inactive.
Cultural/Tribal Cultural Resources Conditions:
CUL-1[Native American Monitoring Program]
A qualified archaeologist meeting the United States Secretary of the Interior's Professional Qualifications for prehistoric and historic archaeology and a Kumeyaay Native American monitor shall be retained to conduct a cultural resources monitoring program. The monitoring program shall include attendance by the archaeologist and Native American monitor at a pre-construction meeting with the construction contractor and the presence of an archaeological and Native American monitor during initial ground disturbance for the project. If it is determined by the archaeologist and Native American 10 October 2, 2023 Item 12
Resolution 2023-XX
monitor that past grading and other disturbances have removed soils with a reasonable potential for containing cultural material, monitoring can be reduced and recommence when the ground-disturbing activities continue in native soil. If cultural material is encountered, the archaeologist and the Native American monitor shall have the authority to temporarily halt or redirect trenching and other ground-disturbing activity while the cultural material is documented and assessed. If a cultural resource is determined to be significant, the archaeologist and Native American monitor shall coordinate with the City staff to develop and implement appropriate treatment measures. Artifacts collected (if any) shall be cataloged, analyzed, and curated with accompanying catalog to current professional repository standards and transferred to an appropriate curating facility within San Diego County. Alternatively, artifacts may be returned to the consulting tribe for reburial or for curation at a tribal facility. A report shall be completed by the qualified archaeologist describing the methods and results of the monitoring program.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, State of California, at a Regular Meeting held on the 2 nd day of October 2023.
___________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
11 October 2, 2023 Item 12
Resolution 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 2nd day of October 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
12 October 2, 2023 Item 12
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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 B
13 October 2, 2023 Item 12
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
14 October 2, 2023 Item 12
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 15 October 2, 2023 Item 12
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
16 October 2, 2023 Item 12
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
17 October 2, 2023 Item 12
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
18 October 2, 2023 Item 12
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
19 October 2, 2023 Item 12
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
20 October 2, 2023 Item 12
SCALE: 1"=10' V
1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
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1"=10' H
0 10
20 30
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40 -20 -10 0 10 20 30 40 50 60
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20 30
40 -20 -10 0 10 20 30 40 50 60
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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
21 October 2, 2023 Item 12
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
22 October 2, 2023 Item 12
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
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1"=10' H
0 10
20 30
40 -20 -10 0 10 20 30 40 50 60
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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
23 October 2, 2023 Item 12
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
24 October 2, 2023 Item 12
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
25 October 2, 2023 Item 12
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
26 October 2, 2023 Item 12
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
27 October 2, 2023 Item 12
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
28 October 2, 2023 Item 12
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
29 October 2, 2023 Item 12
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
30 October 2, 2023 Item 12
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
31 October 2, 2023 Item 12
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 32 October 2, 2023 Item 12
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
33 October 2, 2023 Item 12
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
34 October 2, 2023 Item 12
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
35 October 2, 2023 Item 12
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
36 October 2, 2023 Item 12
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
37 October 2, 2023 Item 12
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
38 October 2, 2023 Item 12
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
39 October 2, 2023 Item 12
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
40 October 2, 2023 Item 12
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
41 October 2, 2023 Item 12
1 Adriana Jaramishian
To: Eric From
Cc: Karen Falk
Subject: RE: DRB23-008
Adriana,
I'm sorry was not aware of the 9/18 meeƟng and cannot aƩend the 10/2 meeƟng. I have reviewed the enƟre plans to the best of my ability. I want to implore the City to reconsider this plan. How do I do that? I see this plan as missing the most important element about what makes today's lagoon/San Dieguito Road border so wonderful. There is no barrier! The connecƟon between each person, visitor and local alike, exists because the lagoon is right there and you are right next to it. Nothing between you and the wonder of that lagoon. Yet it is surprising (or perhaps expected when you understand it) how few, almost no one, ever breaks the agreement of keeping that border area prisƟne - I know this because for over 20 years, I walked, observed and picked up liƩer along the road and lagoon border, and with the excepƟon of the Fair operaƟng, this area is wonderfully well cared for. Why? I believe because nearly every person who goes along that road is drawn to and connected with the lagoon. They care for it because nothing says "this is not for you". Nothing that states unequivocally you are the observer but this is not yours. That is broken the moment those fence posts go into the ground. The finished part of the Riverpath completely understood why this was so important. The folks who built Viewpoint Brewery understood it and so do the many patrons that love that restaurant despite that it is in spot that must be sought out. The railing ruins the connecƟon, the feel, the wonder. The lagoon will never again have the feel and emoƟonal impact that it had when the casual observer, in car, bike or on foot peered out and felt they were part of the lagoon; not set apart from it. The best argument that I have to someone who doesn't yet understand just how important this connecƟon is and how easily broken, compare this railing (fence) to the proposed railroad fence. City council understood and fiercely objected to the railroad fence along the tracks not because they didn't care about a marginal safety improvement (which was quesƟonable at best) but rather the liƩle difference in perceived safety wasn't worth ruining the emoƟonal impact of today's unobstructed ocean view. Siƫng, standing walking with a fence between you and the incredible natural beauty that is Del Mar's ocean and lagoon borders is heavily impacted by a railing (fence). If you don't think that is true, then put up one temporarily and ask the people that traverse San Dieguito drive what they think, how they feel about it. Please ask children too - they are looking right into the face of the fence. I have fallen in love with this lagoon and love sharing it with others and have thought long and hard about why even aŌer seeing nearly everyday for 24 years, I sƟll love it. The railing will ruin that - its very existence will create a visual break that will separate and massively detract to the point of destroying the current feel and emoƟonal response invoked by being there and just looking out. There are opƟons and I'd be happy to discuss them or feel free to ask others about what could be done. But the border between our road and the lagoon would be much beƩer served with no Riverpath than the one proposed. Again, how do I get these thoughts conveyed to those who yet don't understand?
I have another comment:
There is a structural flaw that I do not see addressed by these plans. This would require a long write-up to go into detail but there was a major slide on the road this year that was predictable. And the tells indicate there is another one or two slides to follow. I helped prevent one about a dozen years ago by reporƟng the tells to the City at that Ɵme. They made the repairs and we went on Ɵll just this year. Made a nearly idenƟcal observaƟon just before the collapse (unfortunately before I had the chance to go see the City again). The indicaƟons are that the road is not stable in at least two more locaƟons. Both along the proposed Riverpath.
Finally, another quesƟon. How many residenƟal neighborhoods in Del Mar have a flashing stop light?
ATTACHMENT C
42 October 2, 2023 Item 12
2 Thank you for the consideraƟon.
Eric
43 October 2, 2023 Item 12
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 Wendy House, Deputy City Attorney
Via Ashley Jones, City Manager
DATE: October 2, 2023
SUBJECT: Discussion of Regulatory Framework Examples and Policy Direction for Short Term Rental Regulation
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council review a summary of short-term rental regulations from other jurisdictions (Attachment A) and provide direction to staff to develop new draft short term rental (STR) policies and regulations for the City of Del Mar.
BACKGROUND:
The creation of new STR regulations is a City Council priority special project. This project initially began in 2016 and has involved several California Coastal Commission (CCC) actions, legal challenges, and enforcement considerations as well as processing delays due to the timing of court decisions rendered during the COVID-19 pandemic (see Attachment B for additional background information). Work on this special project resumed in January 2023 with the following actions having occurred to date.
STR Data Collection
In January 2023, the City contracted with consulting firm DTA to collect STR data specific to the City of Del Mar. To date, DTA has collected data between January 1, 2023, through June 30, 2023, to provide a general understanding of existing STRs in Del Mar (i.e., number; type; average length of stay, rental rate, and occupancy rates; and general location in the City). The City Council received presentations of STR data from staff on July 10 and September 5, 2023, which included a comparative analysis of the April 2023 and June 2023 data, as described below. See Attachment C. o The number of STRs in Del Mar increased from 107 (April 2023) to 125 (June 2023), which represents an increase in the percentage of STRs compared to total dwelling units from 4.2% to 4.9% of the City’s total 2,574 dwelling units 1 October 2, 2023 Item 14
City Council Agenda Report
STR Regulatory Framework Discussion and Policy Direction October 2, 2023