Del Mar City Council
November 13, 2023

required to meet Occupational Safety and Health Administration (OSHA) and NFPA standards, has become increasingly costly due to their rapid deterioration.

The City's Purchasing Policy permits participation in purchases and contracts established by other public agencies, provided a cooperative agreement follows a competitive process (Municipal Code Chapter 7.04.100). On May 5, 2020, Sourcewell, a State of Minnesota local government agency and service cooperative, conducted a competitive request for proposals for firefighting personal protective equipment, apparel, and accessories. Based on criteria including pricing, product selection, customer support, and the ability to meet contract requirements, Municipal Emergency Services (MES) was awarded Contract #032620 (Attachment B) for an initial four-year term with one annual renewal option. The pricing, products, and support under this contract have been evaluated by staff and deemed in the City's best interest for purchasing SCBAs and RIT Packs.

The Del Mar Fire Department's existing SCBAs are reaching the end of their useful life and are no longer under warranty, with some requiring costly repairs and ongoing maintenance. The new SCBA Model Scott Air-Pak X3 Pro offers efficiency and safety features, including a heads-up display and PASS, which enhance protection against equipment failures. Upgraded SCBAs will enable all on-duty firefighters to respond safely and effectively to fires and other hazardous situations, ensuring the protection of life and property in the community. Notable upgrades include:
 Higher-pressure cylinders that provide an additional 15 minutes of breathing air while maintaining the same cylinder size and weight.
 An Emergency Breathing Support System (EBSS) that allows firefighters to assist a downed colleague with an empty or malfunctioning pack.  A lifetime repair warranty, resulting in maintenance cost savings.

The Del Mar Fire Department has existing automatic aid and boundary drop agreements with surrounding jurisdictions. Compatibility with neighboring departments is critical, especially for sharing resources like air bottles during large fires or hazardous materials incidents.

The new fleet of SCBAs will ensure NFPA compliance, maintain interconnectivity with neighboring jurisdictions, offer a lifetime warranty, incorporate the latest SCBA technology, and provide firefighters with the safest PPE. The total cost for the purchase of (10) Self Contained Breathing Apparatus (SCBAs), (1) Rapid Intervention Team Packs, and related accessories is $122,445.77 (Attachment A). In December 2021, staff applied for the FY 2021 Assistance to Firefighters Grant (AFG) for SCBA replacements in a regional application with five other fire departments, but unfortunately the grant was denied.
2 November 13, 2023 Item 10
City Council Staff Report
Fire Department SCBA Replacement
November 13, 2023

FISCAL IMPACT:

Approval of this item will require a budget amendment to the Fiscal Year 2023-2024 Operating and Capital Budget as listed in the table below. Based on the value of this equipment, the cost of replacing the SCBAs will be paid out of the Equipment Replacement Fund and will have no impact to the General Fund Contingency.

Beginning in Fiscal Year 2024-2025, the City will continue to add a minimum of $10,000 each fiscal year to the Equipment Replacement Fund to ensure sufficient funding is available when replacement of SCBAs is necessary in Fiscal Year 2038-2039.

Account Name Account Number Amount
Equipment Replacement 01.5890.5997 $122,500
Net Budget Impact $122,500
ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Action (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

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

ATTACHMENTS:

Attachment A – Municipal Emergency Services Quote for Self-Contained Breathing Apparatus
Attachment B – Municipal Emergency Services Contract #032620 3 November 13, 2023 Item 10
(877) 637-3473
Quote
Quote # QT1675845
Date 09/05/2023
QT1675845

Bill To

BRIAN CRAIN

DEL MAR FIRE DEPARTMENT
2200 JIMMY DURANTE BOULEVARD
Del Mar CA 92014
United States
Expires 01/31/2024
Sales Rep Leightner, Scott
PO # SCBA RFQ 2023
Shipping Method FedEx Ground
Customer DEL MAR FIRE DEPARTMENT (CA)
Customer # C48412
Ship To

ROBERT TUCKER

DEL MAR FIRE DEPARTMENT (CA)
2200 JIMMY DURANTE BLVD.

Del Mar CA 92014
United States
Item Alt. Item # Units Description QTY Unit Price Amount X8815025305304 Air-Pak X3 Pro SCBA (2018 Edition) with CGA, Parachute Buckles, 5.5, Standard, No Accessory
Pouch, E-Z Flo+ Regulator with Quick Disconnect Hose
(Rectus-type fittings), Universal EBSS, None, No, PakTracker, No Case, 2 SCBA Per Box SOURCEWELL RFP# 032620 OFFERS 24% OFF
LIST PRICE. LIST PRICE: $10,779.30 - CONTRACT
PRICE: $8192.27
10 $7,322.60 $73,226.00
200969-01 CYL&VALV,CGA,CARB,45/5500 ASSY
SOURCEWELL RFP# 032620 OFFERS 24% OFF
LIST PRICE. LIST PRICE: $2,005.44 - CONTRACT
PRICE: $1,524.13
25 $995.00 $24,875.00
201215-28 SCOTT NEW AV3000HT 4 POINT - KEVLAR - RT

BRKT - SIZE MED
SOURCEWELL RFP# 032620 OFFERS 9% OFF LIST
PRICE. LIST PRICE: $493.85 - CONTRACT PRICE:
$449.40
9 $365.81 $3,292.29
201275-01 EPIC 3 Voice Amplifier (Individually Packaged) SOURCEWELL RFP# 032620 OFFERS 9% OFF LIST
PRICE. LIST PRICE: $862.54 - CONTRACT PRICE:
$784.91
9 $632.52 $5,692.68
200954-15 RIT-PAK III,5.5,LG,AV,RECTUS
SOURCEWELL RFP# 032620 OFFERS 9% OFF LIST
PRICE. LIST PRICE: $5,133.95 - CONTRACT PRICE:
$4671.89
1 $3,711.29 $3,711.29
200975-01 CYL&VALV,CGA,CARB,75/5500 ASSY
SOURCEWELL RFP# 032620 OFFERS 24% OFF
LIST PRICE. LIST PRICE: $2,455.29SD - CONTRACT
PRICE: $1,866.02
1 $1,796.55 $1,796.55
4 November 13, 2023 Item 10
(877) 637-3473
Quote
Quote # QT1675845
Date 09/05/2023
QT1675845

ROB - QUOTE ATTACHED FOR YOUR REVIEW. THIS ORDER QUALIFIES FOR FREE SHIPPING.

SCOTT SPECIAL PRICING NOTIFICATION PROVIDES PRICING VALID TO 12/29/2023.

SOURCEWELL CONTRACT RFP #032620. CONTRACT EXPIRES MAY 7, 2024.

CONTRACT PROVIDES FOR 24% OFF CURRENT LIST PRICE FOR SCBA SETS AND CYLINDERS & 9% OFF CURRENT LIST FOR COMMUNICATIONS, FACE PIECES, AND RIT-PAKS. MES HAS THE OPTION TO SELL BELOW CONTRACT PRICING.

Subtotal $112,593.81
Shipping Cost $0.00
Tax Total $9,851.96
Total $122,445.77
This Quotation is subject to any applicable sales tax and shipping and handling charges that may apply. Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current information.

All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee.

Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice. 5 November 13, 2023 Item 10
032620-MES
1 Rev. 4/2019
Solicitation Number: RFP #032620

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Municipal Emergency Services Inc., 12 Turnberry Ln, 2nd Floor, Sandy Hook, CT 06482 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members) in the United States only.

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires May 7, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member’s site. 







 




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This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Member.

C. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

Regardless of the payment method chosen by the Member, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Member at the time of purchase.

When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Member’s requested delivery location.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.








 




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Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member.

B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members.

4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number
x Clearly specify the requested change
x Provide sufficient detail to justify the requested change x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change) x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. 







 




8 November 13, 2023 Item 10
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4 Rev. 4/2019

5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS

A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract within the United States. A Member’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member’s use of this Contract is at the Member’s sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell.

Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws.

6. MEMBER ORDERING AND PURCHASE ORDERS
A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member.

B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor’s Proposal.

C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member’s purchase order. 







 




9 November 13, 2023 Item 10
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5 Rev. 4/2019
D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal or state laws or regulations prohibit the purchase or change the Member’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member.

F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member’s purchase order will be determined by the Member making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Member inquiries; and x Business reviews to Sourcewell and Members, if applicable.

B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). 







 




10 November 13, 2023 Item 10
032620-MES
6 Rev. 4/2019
The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Member Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter.

Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.








 




11 November 13, 2023 Item 10
032620-MES
7 Rev. 4/2019

10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.

E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, masterservant, principal-agent, or any other relationship.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract.

13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. 







 




12 November 13, 2023 Item 10
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8 Rev. 4/2019
If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

14. INTELLECTUAL PROPERTY
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws.

15. PUBLICITY, MARKETING, AND ENDORSEMENT
A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.

17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the 







 




13 November 13, 2023 Item 10
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9 Rev. 4/2019
remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (30) calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

20. INSURANCE

A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:








 




14 November 13, 2023 Item 10
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10 Rev. 4/2019

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer).

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability.

During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event








 




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$2,000,000 – annual aggregate

6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty (30) days’ prior written notice to the Vendor.

Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within ten (10) days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance 







 




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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).

F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval.

21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members.

22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member.

Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Members that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when 







 




17 November 13, 2023 Item 10
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a Member accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction 







 




18 November 13, 2023 Item 10
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14 Rev. 4/2019
work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award 







 




19 November 13, 2023 Item 10
032620-MES
15 Rev. 4/2019
covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.








 




20 November 13, 2023 Item 10
032620-MES
16 Rev. 4/2019

24. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination.

Sourcewell Municipal Emergency Services Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Seth Cosans
Title: Director of Operations &
Procurement/CPO
Title: Contract Administrator
Date: ________________________
Date: ________________________
Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________








 
















21 November 13, 2023 Item 10
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Bid Number: RFP 032620 Vendor Name: Municipal Emergency Services Inc 







 




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Bid Number: RFP 032620 Vendor Name: Municipal Emergency Services Inc 







 




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Bid Number: RFP 032620 Vendor Name: Municipal Emergency Services Inc 







 




32 November 13, 2023 Item 10
Table 14: Industry Specific Questions
Line
Item Question Response *
66 If you are awarded a contract, provide a
few examples of internal metrics that will
be tracked to measure whether you are
having success with the contract.

Upon an award MES would survey our sales force to see how the response of the membership customers wish to use this contract vehicle to purchase. And MES will be tracking success of the use of the contract by its membership when we look at the quarterly reports to see how much business is completed using this contract after it has had a couple quarters to be promoted both by Sourcewell and by MES. *
67 Describe the unique design and feature
attributes of the products and/or equipment
offered in your proposal.

MES provides the very best that the fire and public safety industry manufacturers have to offer our market. Many of these products are similar however MES takes feedback from agencies and gives that back to manufacturers to improve products performance and safety while maintaining safety standards and certifications. MES has had many manufacturers make products just for MES to offer as a result so that MES can provide thermal imaging cameras, gloves, boots, or other products that are better than we normally see in the market.
*
68 Describe available options for
customization of the products and/or
equipment offered in your proposal.

MES offers the full range of options from all of the various manufactures represented to customize items within the extent that certifications allow. * 69 Explain your processes for sizing, fitting,
and the alteration of the products and/or
equipment offered in your proposal, as
applicable.

Once MES gets an order which involves a need for sizing of any product our regional sales force is in contact with the agency membership to schedule sizing. If fitting is needed after delivery MES is again available to help with that as well and any alterations can be ordered or addressed quickly.
*
70 If you provide on-site or in-person sales,
service, training, and/or support, explain
how those activities are handled and the
unique attributes of your process.

MES has as mentioned in other tabs the largest and most experienced subject matter specialist in the industry for on site sales demo, training and support. Our sales force works closely with the manufactures having many of their folks ride with MES sales force to sales calls to demo and service products. This makes MES the reason we are the first ones agencies call and even though we may not always be the lowest price we are the best value in the industry. MES gets it done. *
71 Describe your compliance with applicable
national standards for the products and/or
equipment offered in your proposal, such
as: National Fire Protection Association
(NFPA), Occupational Safety and Health
Administration (OSHA), and American
National Standards Institute (ANSI).

MES staff are subject matter specialist on NFPA standards for turnout gear, SCBA systems and all related gear so that as changes in certifications are happening we are there to help the market stay up to speed with all of their gear and certifications testing and service. Our Techs are updated on their training as well as our sales staff as needed.
*
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

Bid Number: RFP 032620 Vendor Name: Municipal Emergency Services Inc 







 




33 November 13, 2023 Item 10
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34 November 13, 2023 Item 10
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35 November 13, 2023 Item 10
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36 November 13, 2023 Item 10
Sourcewell Contract # 032620-MES | Amendment #1

AMENDMENT #1
TO
CONTRACT # 032620-MES
THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Municipal Emergency Services Inc. (Vendor).

Sourcewell awarded a contract to Vendor to provide Firefighting Personal Protective Equipment, Apparel, and Accessories, with Related Cleaning and Maintenance Equipment, to Sourcewell and its Participating Entities, effective May 5, 2020, through May 7, 2024 (Contract).

The parties wish to amend the Contract.

NOW THEREFORE, Section 20. Insurance–Subsection A. Requirements– Item 5.

Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability, of the Contract, is deleted in its entirety.

Except as amended by this Amendment, the Contract remains in full force and effect.

Sourcewell Municipal Emergency Services Inc.

By: By:

Jeremy Schwartz, Director of Operations/CPO John Walker, CFO Date: Date:

Approved:

By:

Chad Coauette, Executive Director/CEO
Date:











 







 






 







37 November 13, 2023 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Christopher Cincotta, Battalion Chief
Joshua Gordon, Fire Chief
Via Ashley Jones, City Manager
DATE: November 13, 2023
SUBJECT: Purchase of Mobile Data Computers, Operating Software, Accessories, and Installation for Emergency Vehicles
REQUESTED ACTION/RECOMMENDATION:

It is recommended that the City Council approve the purchase and installation of two (2) Mobile Data Computers (MDCs), Tablet Command Operating Software, Accessories for the MDCs, Installation into the Fire Engine, and amend the Fiscal Year 2023-2024 Operating and Capital Budget as described in the Fiscal Impact section of this report.

EXECUTIVE SUMMARY:

Mobile Data Computers are integral tools for firefighters, enhancing communication, safety, and efficiency during emergency responses. The current MDCs were purchased in 2018 and as of July 1, 2023, are no longer being serviced or maintained. The new MDCs will improve the speed in which data is provided and increase efficiency for emergency response times. Updating this equipment will ensure that the fire engine fleet remains technologically current and operationally effective.

DISCUSSION/ANALYSIS:

Each of the City’s two Fire Engines have Mobile Data Computers (MDCs). The emergency response equipment is used to route emergency vehicles to emergency calls while tracking their locations and providing real-time updates as the call is happening. The useful life for the MDC’s is five years, and the City’s current equipment was purchased in 2018. They can no longer be serviced or maintained and are in need of replacement.

The City of Del Mar joined the North County Dispatch Joint Powers Authority (NCJPA) in 2007. There are funds available to the City of Del Mar to purchase updated MDCs through an established NCJPA Capital Equipment Replacement Fund, which the City pays into.

These funds are held by NCJPA and are released to the City upon request. The total capital reserve funds currently available to the City of Del Mar is $15,085, which is sufficient to cover 1 November 13, 2023 Item 11
City Council Agenda Report
Fire Dept - Mobile Data Computer Purchase
November 13, 2023

the purchase of two (2) iPads, operating software, accessories, and installation. That total will not exceed $7,930.

This equipment will assist the City of Del Mar Fire Department in responding to the needs of the community in the most efficient and comprehensive manner with up-to-date equipment. This upgraded MDC equipment meets the standard operability and capabilities of equipment currently used by other NCJPA agencies. A breakdown of the project and equipment costs is included in Attachment A.

Staff is seeking Council authorization to request and accept the City’s portion of the capital replacement funds held by NCJPA to purchase and install two (2) Mobile Data Computers, Tablet Command operating software, accessories, and installation.

FISCAL IMPACT:

Approval of this item will require an amendment to the Fiscal Year 2023-2024 Operating and Capital Budget as listed in the table below. This item will have no impact to the General Fund Contingency.

Account Name Account Number Amount
Equipment/Radio Maintenance & Repair (Exp) 01.5730.2100 $7,930 Expenditure Reimbursement-NCJPA (Rev) 01.4800.4899 $7,930 Net Budget Impact $0
ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational equipment purchase that is unrelated to the established Council Goals/Priorities.

ATTACHMENTS:

Attachment A – Breakdown of equipment costs
2 November 13, 2023 Item 11
Quote
North County Fire Dispatch JPA San Diego - Del Mar v2
North County Fire Dispatch JPA San Diego
PO Box 1206
Rancho Santa Fe, CA 92067
United States
Shanna Devine
Division Manager - Support Services
[email protected]
(619) 203-0227
Reference:

Quote created: October 10, 2023
Quote expires: December 26, 2023
Tablet Command, Inc.
822 Hartz Way
Suite 235
Danville, CA 94526
United States
Sales Person:

Thom Woodward
[email protected]
877-998-2639
Total $1,800.00
Products & Services

DESCRIPTION QUANTITY UNIT PRICE DISCOUNT AMOUNT
Pro License (Tablet) 2 $500.00 / year $1,000.00 / year
for 1 year
Manage 2 $50.00 / year $100.00 / year
for 1 year
User Status to CAD 2 $200.00 / year $400.00 / year
for 1 year
Location to CAD 2 $150.00 / year $300.00 / year
for 1 year
Help
3 November 13, 2023 Item 11

SUMMARY
Annual subtotal $1,800.00
Total $1,800.00
Comments
Annual License Subscription Fees
Purchase terms
Net 30 Days
4 November 13, 2023 Item 11
Hardware Software Services IT Solutions Brands Research Hub Review and Complete Purchase
Thank you for choosing CDW. We have received your quote.

EMILY BERNARDO,
Thank you for considering CDW•G for your technology needs. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing.

Convert Quote to Order
QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL 1CCGBJ7 10/3/2023 FIRE MDC IPADS 2416904 $3,468.43

IMPORTANT - PLEASE READ
Fees applied to item(s): 7213844
Additional Information: Cost Center: FIRE

QUOTE DETAILS
ITEM QTY CDW# UNIT PRICE EXT. PRICE
Apple 12.9" iPad Pro - Wi-Fi + Cellular - 6th Generation - 512 GB - Silver
2 7213844 $1,591.00 $3,182.00
Mfg. Part#: MP633LL/A
Contract: National IPA Technology Solutions (2018011-01)

RECYCLING FEE DETAILS
ITEM QTY CDW# UNIT PRICE EXT. PRICE
RECYCLING FEE 4" TO LESS THAN 15"
Fee Applied to Item: 7213844
2 654809 $4.00 $8.00
SUBTOTAL $3,182.00
SHIPPING $0.00
RECYCLING FEE $8.00
SALES TAX $278.43
GRAND TOTAL $3,468.43

PURCHASER BILLING INFO DELIVER TO
Billing Address:

CITY OF DEL MAR

ACCTS PAYABLE
1050 CAMINO DEL MAR
DEL MAR, CA 92014-2698
Phone: (858) 755-9313
Payment Terms:

Shipping Address:

CITY OF DEL MAR
ATTN:EMILY BERNARDO
1050 CAMINO DEL MAR
DEL MAR, CA 92014
Phone: (858) 755-9313
Shipping Method: FedEx Ground (1-2 days)
Please remit payments to:

CDW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675-1515
5 November 13, 2023 Item 11
Sales Office Date Prepared 10/13/2023
1330 Dodson Way, Riverside, CA 92507 Quotation Number 101323 REVA (951) 328-0211 Fax: (951) 328-8491 F.O.B. Rivcomm
Quotation For
Encinitas Fire Department Quotation Valid For 30 DAYS
505 South Vulcan Ave Prepared By TB
Encinitas, CA 92024 Requested By Chris Cincotta
Comments or Special Instructions
Quantity Description Unit Price Amount
1 RAM GDS TECH 12.9" iPad Mounting kit with fan $ 697.50 $ 697.50 Includes: RAM-GDS-DOCKLF-AP37CPU Locking Cooing Dock $ - RAM-GDS-SKIN-AP24-A IntelliSkin for iPad $ -
RAM-GDS-CHARGER-V3FC-1U GDS Charger $ -
RAM-101-B-225B2U Drill-down mount C-Size, short $ -
$ -
1 Hardware Charge $ 69.75 $ 69.75
$ -
$ -
$ -
Labor
1 Engine 238 $ 700.00 each
Scope of Work
Remove existing laptop bases and associated wiring.

Install Ram mounts on existing pedestal mounts and wire new docking stations to vehicle for charging.

Subtotal $ 767.25
Sales Tax $ 67.13
Installation/Travel $ 1,820.00
Shipping
Total $ 2,654.38
Del Mar
Rivcomm Inc. Quotation
Credit Card Payments are subject to processing fee of
3% for Visa/Mastercard/Discovery, 5% for AMEX
6 November 13, 2023 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Deputy Mayor Dan Quirk and Council Member Dwight Worden, Council Liaisons to the Lagoon Committee
Prepared by Denise Galvan, Management Analyst
DATE: November 13, 2023
SUBJECT: Lagoon Committee Appointment and Charter Amendment REQUESTED ACTION/RECOMMENDATION:

The City Council Liaisons to the Lagoon Committee recommend that: 1) the City Council reappoint Udo Wahn as a voting member of the Lagoon Committee to serve a second full threeyear term starting November 1, 2023, and ending on November 30, 2026; and 2) Adopt a Resolution (Attachment A) amending the Committee Charter to reduce the membership to seven voting members and convert the ex-officio, non-voting member to a voting member (Exhibit A to Attachment A).

DISCUSSION/ANALYSIS:

The Lagoon Committee (Committee) is charged with monitoring the preservation and enhancement of the portions of the San Dieguito and Peñasquitos Lagoon located in the City of Del Mar, and also any outside actions that impact the lagoon systems within the City. The Committee participates on both local and regional levels. Regionally, the Committee monitors the on-going programs of the San Dieguito River Valley Joint Powers Authority (JPA), including, but not limited to, the lagoon restoration plan, and reviews and comments on future development that may have an effect on the San Dieguito or Peñasquitos Lagoons. Locally, the Committee monitors reports on the health of the lagoons, investigates additional public access opportunities, and encourages educational and informational programs to uncover the lagoons’ little-known points of interest. The committee also monitors and comments, when appropriate, on developments limited to impacts on the lagoon.

Re-appointment to the Lagoon Committee
There are three vacancies on the Committee due to Geoffrey Criqui and Udo Wahn’s term expirations on October 31, 2023, and Jill E. Gartman’s upcoming term expiration on November 19, 2023. City staff advertised the vacancies, and one Citizen Interest Form was received during the recruitment period from Udo Wahn (Attachment B). The Council Liaisons to the Committee have reviewed the application and recommend that the City Council reappoint Udo Wahn as a voting member for a second full three-year term effective November 1, 2023, and ending on November 30, 2026.
1 November 13, 2023 Item 12
City Council Agenda Report
Lagoon Committee Appointment
November 13, 2023

Lagoon Committee Charter Amendments
According to Section E.6 of Council Policy 200 (Attachment C), a committee’s membership size can be reduced at the recommendation of the committee’s Council liaisons and by approval of the City Council. The Council liaisons to the Committee recommend that the City Council adopt a Resolution (Attachment A) reducing the Committee’s membership size from nine (9) to seven (7) members.

Additionally, as currently written, the Lagoon Committee charter allows for one ex-officio, nonvoting member. This position is currently occupied by Donna Shaw, who is a Del Mar resident.

Due to the nature of the Committee and given that all recent members have been residents, the Council liaisons recommend that the Committee charter be amended to require that all members of the Lagoon Committee be Del Mar residents and all positions be voting.

Reducing the Committee’s membership size from nine to seven members and converting a seat from non-voting to voting will result in a more optimal committee size, and have an odd number of voting members for quorum, voting, and subcommittee formation.

A redlined version of the Committee Charter reflecting the recommended changes is included with this agenda report as Attachment D.

If the recommended appointment and revisions to the Committee Charter are approved by the City Council, the Committee will continue to operate with a full roster of seven voting members. A copy of the current Committee roster is included with this agenda report as Attachment E.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

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

ATTACHMENTS:

Attachment A – Resolution Amending Lagoon Committee Charter Exhibit A to Attachment A – Revised Lagoon Committee Charter (Clean) Attachment B– Citizen Interest Form
Attachment C – Policy 200 – City Council Advisory Committees, Boards and Commissions Attachment D – Redlined Amended Lagoon Committee Charter Attachment E – Current Lagoon Committee Roster
2 November 13, 2023 Item 12
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AMENDING AND RESTATING THE

LAGOON COMMITTEE CHARTER TO REDUCE MEMBERSHIP

SIZE FROM NINE TO SEVEN MEMBERS AND CONVERT THE

EX-OFFICIO, NON-VOTING MEMBER TO A VOTING MEMBER
WHEREAS, the City of Del Mar Lagoon Committee (Committee) was established in 1974 and has since served as an advisory committee to the City Council and provided recommendations on topics related to the San Dieguito Lagoon; and WHEREAS, on January 10, 2022, the City Council adopted Resolution No. 2022- 06 to repeal Resolutions No. 74-41; 74-59; 78-22; 79-24; 2014-71; 2014-88; 2015-18; 2015-33; 2018-57, and 2019-51 and to amend and restate the Lagoon Committee Charter; and
WHEREAS, the Committee Charter currently requires that the Committee consist of nine (9) members, including one ex-officio non-voting member; and WHEREAS, the City Council desires to amend and restate the Committee Charter to reduce the Committee membership size from nine (9) members to seven (7) members and to convert the non-voting at-large/ex-officio seat to a voting member seat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the Lagoon Committee Charter is hereby amended and restated as shown in Exhibit A to this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 13th day of November, 2023. ___________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
3 November 13, 2023 Item 12
Resolution No. 2023-XX

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 13th day of November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
4 November 13, 2023 Item 12

LAGOON COMMITTEE CHARTER
Mission & Work Program:

The Lagoon Committee (Committee) is charged with monitoring the preservation and enhancement of the portions of the San Dieguito and Penasquitos Lagoons located in the City of Del Mar, and also any actions outside the City of Del Mar that impact the lagoon systems within the City of Del Mar. The Committee participates on both local and regional levels. Regionally, the Committee monitors the on-going programs of the San Dieguito River Valley Joint Powers Authority (JPA), including but not limited to the lagoon restoration plan, and monitors development that may have an effect on the San Dieguito or Penasquitos Lagoons. Locally, the Committee monitors reports on the health of the lagoons, investigates additional public access opportunities, and encourages educational and informational programs to uncover the lagoons’ little-known points of interest. The Committee also monitors and comments, when appropriate, on developments limited to impacts on the lagoons.

Membership:

The Committee consists of seven (7) voting members. All members must be Del Mar Residents.

Membership Term:

Committee members serve three (3) year staggered terms expiring the last day of the month.

Meeting Requirements:

The Committee meets quarterly, or as may be needed, as approved by the City Council and in full compliance with the California Open Meeting Laws (Brown Act).

Conflict of Interest Filing:

Members of the City of Del Mar Lagoon Committee are not required to file Conflict of Interest Filings due to the advisory nature of the committee.

Status:

The City of Del Mar Lagoon Committee is a standing committee. 5 November 13, 2023 Item 12
6 November 13, 2023 Item 12
7 November 13, 2023 Item 12
8 November 13, 2023 Item 12
9 November 13, 2023 Item 12
10 November 13, 2023 Item 12
11 November 13, 2023 Item 12

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
200

CITY COUNCIL ADVISORY

COMMITTEES, BOARDS AND

COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 1 OF 6
POLICY:

A. Vacancies
It is the City Council policy to advertise vacancies of the City Council advisory committees, Design Review Board, and Planning Commission on the City website for a minimum of 10 calendar days, and at least once in the Del Mar Weekly and/or through CivicSend eblast.

Upcoming vacancies may also be announced by the City Manager or Council Members at City Council meetings. The deadline for interested citizens to file a Citizen Interest Form (application) is by the close of business (4:30 p.m.) on a Friday.

B. Council Appointments to City Council Advisory Committees

1. It shall be the policy of the City Council to direct its liaisons to each Council advisory committee to make recommendations to the full Council regarding appointments to City Council advisory committees.

2. If by the application deadline, the number of applications received by the City for such committees is equal to the number of vacancies, or less than the number of vacancies when recruiting for multiple vacancies, the Council liaisons to the specific committee shall determine whether to extend the deadline or review the Citizen Interest Form(s) and/or interview the applicant(s), and make a recommendation to Council that the applicant(s) be appointed to serve on the committee.

3. If by the application deadline, the number of applications received by the City for such committees is more than the number of vacancies, then the Council liaisons to the specific committee shall review the Citizen Interest Forms and/or interview the applicant(s). Council liaisons shall then make a recommendation to Council as to which applicant(s) should be appointed to serve on the committee. If the Council liaisons determine the applicants are not qualified or do not meet the needs of the committee, the application period may be reopened by the Council liaisons in order to solicit additional interest.

4. If the Council liaisons to a committee cannot agree on a recommendation for appointment(s), they shall direct staff to prepare an agenda report for the next available City Council meeting where the City Council will vote on the appointment without discussion. Three affirmative votes are needed in order for the City Council to make an appointment. If an applicant does not receive the necessary votes, the Council may re-vote or may direct staff to reopen the vacancy to solicit additional interest. 12 November 13, 2023 Item 12

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5. Applicants nominated to serve on a Council advisory committee are encouraged, but not required, to attend the City Council meeting when the City Council is scheduled to consider their appointment to serve on the Committee.

6. In the event that there is only one Council liaison to an advisory committee, the Mayor will act as the second Council liaison for the purposes of reviewing Citizen Interest Forms to recommend to the City Council for appointment.

7. Prior to the City Council meeting where the Council will vote on an appointment, any Council member can request an un-redacted copy of all qualified Citizen Interest Forms in order to review applicant information and contact interested applicant(s) prior to the meeting if so desired.

8. In accordance with Del Mar Municipal Code Chapter 2.30 “Commissions, Boards and Committees: General Provisions”, it shall be the City Council’s policy to select for appointment the candidates who received three affirmative votes by the City Council. In the case where a candidate does not receive three affirmative votes, the Council may revote or direct the City Clerk to re-advertise the vacancy.

9. When there are open vacancies for City Council advisory committees, other than Planning Commission or Design Review Board, the City Clerk will bring forward to the City Council the names of the candidates, the number of vacancies, and the liaison recommendation(s).

The City Council will then vote on the recommendation to fill the vacancies. When the Council liaisons to a committee agree on a recommendation for appointment, the item will be included on the consent calendar. When the Council liaisons to a committee do not agree on the recommendation for appointment, the item will be brought forward as a Council Business item as described in Section B(4) of this policy.

10. If the spouse or significant other of a City Council member is an applicant to fill a vacancy on an advisory committee, the City Council member must recuse themselves from voting on that appointment.

C. Council Appointments to the Design Review Board and Planning Commission

1. The City Council shall make appointments to the Planning Commission and Design Review Board in accordance with the membership requirements of Chapter 2.34 “Planning Commission” and 2.38 “Design Review Board” of the Del Mar Municipal Code, respectively.
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2. It shall be the policy of the City Council to hold interviews for appointments to the Planning Commission and Design Review Board only when applications received for such commission or board exceed the number of vacancies.

3. Interviews shall be public and televised as part of the City Council meeting.

4. If, by the application deadline, the number of applications received by the City for such board or commission equals or is less than the number of vacancies, then there shall be an automatic extension of time to accept applications.

5. Prior to the City Council meeting where the Council will vote on an appointment, an un-redacted copy of all qualified Citizen Interest Forms will be provided to the full City Council in order to allow the full Council to review applicant information and contact interested applicant(s) prior to the meeting if so desired.

6. In accordance with Del Mar Municipal Code Chapter 2.30 “Commissions, Boards and Committees: General Provisions”, it shall be the City Council’s policy to select for appointment the candidates who received three affirmative votes by the City Council. In the case where a candidate does not receive three affirmative votes, the Council may re-vote or direct the City Clerk to re-advertise the vacancy.

7. When there are advertised vacancies for Planning Commission or Design Review Board, the City Clerk will bring forward to the City Council the names of the candidates and the number of vacancies. After interviewing candidates in a public forum, the City Council will vote on the candidates to fill the vacancies. The City Clerk will read aloud the vote of each Council member.

8. Because of conflicts of interest which might exist, or which might give the appearance to the public of existing, and in order to preserve public confidence in the City’s vital planning processes and avoid questions of fairness and bias, prejudice or influence, the immediate family member, of a City Council member, Design Review Board Member or Planning Commissioner may not serve or be appointed to serve simultaneously on the Design Review Board or Planning Commission. For purposes of this policy, immediate family member is defined as an individual’s parent, child, spouse, significant other, or sibling living.

9. In accordance with Section C(8) of this policy, should an immediate family member of a Design Review Board Member or Planning Commissioner be elected to serve on the City Council, said Board Member or Commissioner shall be required to resign from their position no later than the day prior to the day the City Council member’s term of office commences.
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BY RESOLUTION: 2022-25
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D. City Advisory Committee Membership Categories

1. Subject to the membership limits set forth in Section E(6) of this policy, the City Council may designate seat(s) for ex-officio members in a committee’s charter. Exofficio members are non-voting subject matter experts who may be residents or nonresidents.

2. Subject to the membership limits set forth in Section E(6) of this policy, the City Council may designate membership categories for business representatives in a committee’s charter. Business representatives are business owners or operators whose business has a physical entity within the City of Del Mar and who have a current City of Del Mar business license.

E. Concurrent Committee Assignments, Term Limits and Length, Membership Size and Rotation of Chair and Vice Chair

1. It shall be the policy of the City Council to limit the number of concurrent appointments that any one individual has to City Council advisory committees, Design Review Board, and Planning Commission. The limit of concurrent appointments shall be two. If an individual has two concurrent appointments, they will not be eligible to serve on ad hoc committees, except in special circumstances as determined by the Council or Council liaisons.

2. The number of consecutive terms an individual may serve on a committee is two, as further described in Section E(5) below. However, the City Council has the flexibility to make an exception if they feel it is to the benefit of the committee to re-appoint an individual for a third term. Committee members who would like to continue to serve another term once their appointed term has expired must re-apply by filing a Citizen Interest Form prior to the advertised deadline for applications. Former committee members must wait one year from the expiration of their second consecutive term before being appointed to the same committee.

3. The term length for all City Council advisory committees shall be three years. Terms will expire on the last day of the month.

4. The term length for voting members of the Planning Commission and Design Review Board shall be four years, in accordance with Del Mar Municipal Code Sections

2.34.020 and 2.38.020, respectively. The term length for ex-officio members on the Design Review Board shall be two years, in accordance with Del Mar Municipal Code Section 2.38.020.
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5. In order to ensure that terms remain appropriately staggered, individuals appointed to fill an unexpired vacancy shall finish the remainder of the term of the vacating committee member. If the balance of the vacant term is less than six (6) months, it shall not count as a term towards the two-consecutive-term limit.

6. All City advisory committees have a maximum committee membership of seven (7) to nine (9) total members, including ex-officio members, at the recommendation of the committee’s Council liaisons and approval of the full City Council. If a committee membership size is to be reduced via attrition, attrition shall not affect members who complete their first term and are eligible and wiling to serve a second term. However, such members must be recommended for reappointment by the committee’s Council liaisons, and their reappointment shall be confirmed by the full Council at a Council meeting.

7. It shall be the policy of the City Council that the members of each advisory committee appoint a chair, vice chair and secretary at the last meeting of the calendar year, with the new chair serving at the first meeting of the new year, and that the these positions rotate annually among all the committee members. It is recommended that the vice chair assist with committee responsibilities and provide for a succession plan for chairing the committee. In the event a committee does not have volunteers to serve as chair and vice chair, then the committee has the flexibility to allow consecutive appointmentsto the chair/vice chair or secretary positions, i.e. rotation of such positions among the members is not required if there are no volunteers to serve in those positions.

At the discretion of the committee, the vice chair and secretary positions may be filled by the same committee member.

8. It shall be the policy of the City Council that the members of the Design Review Board and Planning Commission appoint a chair and vice chair at the last meeting of the calendar year, with the new chair serving at the first meeting of the new year, and that the these positions should rotate annually among all the members. The functions of a secretary for the Design Review Board and Planning Commission, such as preparing minutes, will be managed by City staff.

F. Incumbents to Serve Until New Appointments Confirmed It shall be the policy of the City Council to allow an incumbent on a City Council advisory committee, Design Review Board, or Planning Commission, whose term has expired to continue to officially serve until the vacancy is filled or three months has passed, whichever occurs sooner.
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BY RESOLUTION: 2022-25
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G. Attendance Policy for Boards, Commissions, and Committees In accordance with Del Mar Municipal Code Chapter 2.30, if a member of a City advisory committee, Design Review Board, or Planning Commission is absent from three regular, adjourned, or special meetings within a 12-month period without cause, the term of said member is automatically vacated. Council liaisons to the commission, board, or committee shall determine whether the absence was for cause. If an advisory committee, which does not include the Design Review Board or Planning Commission, does not have two Council liaisons, then the Mayor and the Deputy Mayor shall act as liaisons to that commission, board, or committee for this purpose. If the liaisons do not agree about whether the absences were without cause so as to warrant removal, the item will be presented to the full City Council to make the determination.

H. Formation and Dissolution of Boards, Commissions, and Committees

1. New committees must be formed by Resolution of the City Council and must include a committee charter detailing, the committee mission/purpose, type of committee (standing or ad-hoc), membership requirements, conflict of interest requirements, and open meeting requirements.

2. If the newly formed committee is an ad-hoc committee, the Resolution and charter should include a sunset date. The sunset date can be extended by Council action, if necessary.

3. Committees may be dissolved by Resolution of the City Council at any time or during the annual review of the City Council Local Appointments. Ad hoc committees shall automatically be dissolved on their sunset date unless extended in advance by the City Council.

I. City Council Review of City Board, Commission, and Committee System At least every four (4) years the City Council shall establish a subcommittee or alternative process to review the City’s boards, commission and committee system to provide recommendations to improve committee efficiencies to the City Council. However, the City Council may, in its discretion, elect to review the City’s boards, commission and committee system outside of the four (4) year review as it deems necessary. 17 November 13, 2023 Item 12

LAGOON COMMITTEE CHARTER
Mission & Work Program:

The Lagoon Committee (Committee) is charged with monitoring the preservation and enhancement of the portions of the San Dieguito and Penasquitos Lagoons located in the City of Del Mar, and also any actions outside the City of Del Mar that impact the lagoon systems within the City of Del Mar. The Committee participates on both local and regional levels. Regionally, the Committee monitors the on-going programs of the San Dieguito River Valley Joint Powers Authority (JPA), including but not limited to the lagoon restoration plan, and monitors development that may have an effect on the San Dieguito or Penasquitos Lagoons. Locally, the Committee monitors reports on the health of the lagoons, investigates additional public access opportunities, and encourages educational and informational programs to uncover the lagoons’ little-known points of interest. The Committee also monitors and comments, when appropriate, on developments limited to impacts on the lagoons.

Membership:

The Committee currently consists of nine (9) members seven (7) voting members, including eight (8) voting members, and two (2) ex-officio, non-voting members. All members must be Del Mar Residents.

Once the Committee membership is reduced through attrition through approval of the City council the membership will be nine (9) seven (7) members, including eight (8) voting members, and one (1) ex-officio, non-voting member. Attrition will not affect members who complete their first term and are eligible and willing to serve a second term. Such reappointments must be recommended by the Council liaisons and approved by the full City Council.

Membership Term:

Committee members serve three (3) year staggered terms expiring the last day of the month.

Meeting Requirements:

The Committee meets quarterly, or as may be needed, as approved by the City Council and in full compliance with the California Open Meeting Laws (Brown Act).

Conflict of Interest Filing:

Members of the City of Del Mar Lagoon Committee are not required to file Conflict of Interest Filings due to the advisory nature of the committee.

Status:

The City of Del Mar Lagoon Committee is a standing committee. 18 November 13, 2023 Item 12
City of Del Mar
Lagoon Committee
Appointing Authority City Council
Position Voting Member
Udo Wahn
1st Term May 17, 2021 - Oct 31, 2023
Appointing Authority City Council
Position Chair
Jill E. Gartman
1st Term Nov 19, 2019 - Nov 19, 2023
Appointing Authority City Council
Position Voting Member
Robert B Chase
1st Term Oct 19, 2020 - Oct 19, 2024
Appointing Authority City Council
Position Voting Member
Carol Kerridge
2nd Term Feb 07, 2022 - Feb 28, 2025
Appointing Authority City Council
Position Secretary
Office/Role Secretary
Karen F Lare
2nd Term Oct 18, 2022 - Oct 31, 2025
Position Voting Member
Julie Kawasaki
2nd Term Feb 01, 2023 - Feb 28, 2026
Board Roster
Lagoon Committee Page 1 of 2
19 November 13, 2023 Item 12
Appointing Authority City Council
Position At-Large Member (Non-Voting)
Donna Shaw
2nd Term Apr 01, 2023 - Apr 30, 2026
Appointing Authority City Council
Position Voting Member
Jeffrey Barnouw
1st Term Jul 01, 2023 - Jul 31, 2026
Appointing Authority City Council
Position Voting Member
Vacancy
Lagoon Committee Page 2 of 2
20 November 13, 2023 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Michael Luna, Special Projects & Programs Manager Clement Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: November 13, 2023
SUBJECT: Introduction of an Ordinance Regulating Balloons Filled with a Gas Lighter Than Air
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council conduct a public hearing and introduce an ordinance (Attachment A) to add Chapter 11.48 to the Del Mar Municipal Code (DMMC) that would prohibit the use, sale, and distribution of balloons filled with a gas lighter than air.

DISCUSSION/ANALYSIS:

Plastic pollution is a significant environmental challenge and microplastics have been found in drinking water, food, and the air we breathe. The City of Del Mar has been a leader in implementing local regulations to decrease litter and pollution by prohibiting the use of expanded polystyrene and non-recyclable plastic disposable food service ware, plastic straws and stirrers, prohibiting the distribution of paper, biodegradable or reusable straws unless requested by customers, and single-use plastic carry-out bags.

While plastic pollution reduction efforts in Del Mar have focused on single-use plastic bags, utensils and straws, balloons have not been addressed. Latex and Mylar are the two types of balloons in general use. Mylar balloons are petroleum-based and not biodegradable, and while latex does biodegrade, latex balloons contain petroleum-based additives and are not 100% biodegradable. Researchers have observed that latex balloons deteriorate slowly and retain their elasticity even after floating in the ocean for 12 months. The release of both types of balloons result in additional plastic pollution that negatively impacts the safety of our citizens, wildlife, oceans, coastlines, and communities.

The Ocean Conservancy has determined that latex and Mylar balloons are the most common form of floating garbage within 200 miles of American shorelines. Beach litter surveys have shown that the number of balloons and balloon pieces found on beaches has tripled in the past 10 years. According to a National Oceanic and Atmospheric Administration (NOAA) Fisheries bulletin, every balloon released during well-meaning celebrations returns to earth as trash, with grave potential to injure or kill wildlife. Balloons can travel hundreds, sometimes thousands, of miles before landing, and those that land in the ocean resemble jellyfish, a 1 November 13, 2023 Item 13
City Council Agenda Report
Introduction of an Ordinance Regulating Balloons Filled with a Gas Lighter Than Air November 13, 2023

favorite food of the threatened green sea turtle species residing off the San Diego County coastline.

Balloon debris can even have a negative economic impact by contributing to dirty beaches, parks and communities that create added costs and drive away tourists. An article published by NOAA’s Marine Debris Program states that balloon debris on shorelines contributes to dirty beaches, deterring tourists and residents from visiting and enjoying them.

Mylar balloons have also proven to be a menace to utilities and fire departments. Their metallic silvery coating serves as a conductor for electricity, which means they can short transformers and melt wires when they come near a high-voltage line. Mylar balloons pose a risk to our communities by sparking fires and interrupting electric service to essential facilities such as hospitals, schools, and traffic lights. According to SDG&E, over the past five years, Mylar balloons have been identified as the cause of more than 520 power outages and 18 dangerous fire ignitions in the San Diego region’s electrical system.

Professor Andrea Sella from University of College London explains that helium is a unique and precious non-renewable resource that is predicted to run out sometime between 2030 and 2040 due to human use. When it’s gone, it is lost forever. This is of great concern because helium plays an important role in science, industry, and medicine. A few of the most important uses of helium are in MRI machines, the production of computer chips, and fiber optics. There have already been helium shortages in San Diego and nationwide, causing retailers to suspend the sale of helium filled balloons. It is therefore likely that the sale of helium balloons will continue to decline due to the decrease in helium availability and prioritization of its use for more essential activities such as medical treatment and research.

Plastics will continue to be part of our environment in the near-term, despite waste reduction efforts. Nevertheless, the most effective way to reduce balloon debris in the City’s waterways and to protect our local environment is to prohibit the sale and intentional release of lighter than air-filled balloons due to their frequent release into the atmosphere and high likelihood of becoming coastal pollution.

In 1990, the California State Legislature passed Senate Bill (SB) 1990, enacting a statewide balloon law that regulates the sale and use of helium-filled foil balloons (metalized Mylar). SB 1990 prohibits the sale or distribution of a balloon that is constructed of electrically conductive material and filled with a lighter than air gas (e.g., helium) without affixing an object of sufficient weight to the balloon to counter the lift capability. SB 1990 further requires affixing a specific warning statement on the balloon and affixing printed identification of the balloon’s manufacturer.

While State legislation to regulate balloons has been in place for some time, a variety of emergent issues have been addressed locally by jurisdictions across California. In the development of the proposed ordinance (Attachment A), various local ordinances regulating balloons were evaluated, including those adopted by the cities of Encinitas (2022), Carlsbad (2022) and Solana Beach (2022). These ordinances generally address local concerns related to balloons, including specific prohibitions on the sale of metallic balloons (to prevent power line entanglement and resultant fire danger and power disruption) or specific prohibitions on the intentional release of balloons filled with a gas lighter than air. 2 November 13, 2023 Item 13
City Council Agenda Report
Introduction of an Ordinance Regulating Balloons Filled with a Gas Lighter Than Air November 13, 2023

As part of the Council approved fiscal year 2023-24 work plan for the Sustainability Advisory Committee (SAC), the proposed ordinance has been developed to address the critical local and regional concerns with balloons, including plastic pollution, marine debris, marine life impacts, land animal and bird impacts, negative economic impacts, and wildfire dangers. The proposed ordinance is supported by the Surfrider Foundation and was approved for recommendation to the Council for adoption by the SAC at their meeting on October 23, 2023.

The proposed ordinance includes the following key provisions:
 No person, including, but not limited to, a balloon wholesaler, retailer or third-party vendor, shall use, sell or distribute any type of balloon inflated with any gas lighter than air within the City, either as a separate item or included in a packaged product set, including at any City facility, park, beach or at a City-sponsored event.  No person shall dispose of any balloon inflated with any gas lighter than air within the City in any manner, including release outdoors into the air, other than in a trash container.
 The proposed ordinance shall not apply to manned hot air balloons, or to balloons used in governmental or scientific research purposes.

If the proposed ordinance is introduced by the City Council, staff will return with the second reading and adoption of the ordinance at the December 4, 2023, City Council meeting and the ordinance would go into effect thirty (30) days after adoption.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. Staff estimates a limited amount of staff time will be needed to coordinate the education and outreach efforts to the one (1) impacted Del Mar business prior to the ordinance going into effect.

ENVIRONMENTAL IMPACT:

The proposed Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15060(c)(2)and 15061(b)(3) in that the proposed changes are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing a significant effect on the environment. This action further strengthens the City’s regulations regarding the use of expanded polystyrene products, plastic straws/stirrers, and non-recyclable plastic disposable food service ware that harm the environment. Therefore, this Ordinance is further exempt from the provisions of CEQA pursuant to Section 15308 of the State CEQA Guidelines as an action to assure the maintenance, restoration, enhancement, or protection of the environment.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Adoption of the proposed ordinance is a priority project in the City Council approved SAC Work Plan for Fiscal Year 2023-2024.

ATTACHMENTS:

Attachment A – Ordinance Regulating Balloons Filled with a Gas Lighter Than Air 3 November 13, 2023 Item 13
ORDINANCE No. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA ADDING CHAPTER 11.48 TO THE DEL MAR

MUNICIPAL CODE PROHIBITING THE USE, SALE AND

DISTRIBUTION OF BALLOONS FILLED WITH A GAS LIGHTER

THAN AIR
WHEREAS, the City of Del Mar, California (“City”) aims to be a leader in sustainability and take action to protect our natural resources, divert waste from landfills, reduce greenhouse gas emissions, and increase City cleanliness and quality of life by reducing litter on City beaches and public areas; and
WHEREAS, the City has been a leader in implementing local regulations to decrease litter and pollution by prohibiting the use of expanded polystyrene and nonrecyclable plastic disposable food service ware, plastic straws and stirrers, prohibiting the distribution of paper, biodegradable or reusable straws unless requested by customers, and single-use plastic carry-out bags; and
WHEREAS, State law currently prohibits the outdoor release of any balloon constructed of electrically conductive material (e.g., foil or “Mylar”) that is filled with a gas lighter than air as part of a public or civic event, promotional activity or product advertisement, and places certain requirements on the condition of sale for such balloons (California Penal Code Section 653.1 and Business and Professions Code Section 22942); and
WHEREAS, State law does not address the release of other common balloon materials, such as latex balloons, that have detrimental effects on wildlife and the environment; and
WHEREAS, the City of Del Mar desires to implement additional measures to minimize the existence of balloons filled with a gas lighter than air within the City and mitigate the dangerous impacts from these balloons coming into contact with ocean life, animals and power lines; and
WHEREAS, helium is a unique and precious non-renewable resource that is predicted to run out sometime between 2030 and 2040 due to human use and there is a concern for limited supply for use in science, industry, and medicine; and WHEREAS, balloons can be damaging to ecosystems and wildlife when released into the air or not disposed of properly, as they are not biodegradable; and WHEREAS, the Ocean Conservancy lists balloons as the second most dangerous debris item since they are frequently mistaken as food by birds, mammals, and marine life; and
Attachment A
4 November 13, 2023 Item 13
Ordinance No. ____

WHEREAS, balloons are the most common form of floating garbage within 200 miles of American shorelines, and beach litter surveys have shown that the number of balloons and balloon pieces found on beaches has tripled in the past 10 years; and WHEREAS, balloon debris persists despite laws and regulations that prohibit littering, which contributes to dirty beaches, parks and communities, creates added costs to City budgets and discourages tourism; and
WHEREAS, balloons made of metalized or foil materials that conduct electricity, including Mylar, also pose a safety hazard when released as they can cause power outages, explosions, downed power lines, and damaged infrastructure when coming near or into direct contact with high-voltage power lines, resulting in costly repairs and/or hours of power outages affecting City residents and businesses; and WHEREAS, over the past five years, Mylar balloons have been identified as the cause of more than 520 power outages and 18 dangerous fire ignitions in the San Diego region’s electrical system; and
WHEREAS, the most effective way to reduce balloon debris in the City’s waterways, decrease litter and pollution and protect the environment, marine life, human health and the City’s infrastructure, is to prohibit the use, sale and distribution of balloons filled with a gas lighter than air; and
WHEREAS, on October 23, 2023, the Sustainability Advisory Committee considered the proposed Ordinance and recommended adoption by the City Council of Chapter 11.48 to the Del Mar Municipal Code prohibiting the use, sale and distribution of balloons filled with a gas lighter than air.

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

SECTION ONE:

Chapter 11.48 of the Del Mar Municipal Code is hereby added as follows:

Chapter 11.48 PROHIBITING THE USE, SALE AND DISTRIBUTION OF BALLOONS

FILLED WITH A GAS LIGHTER THAN AIR

11.48.010 Purpose and Intent.

The purpose of this Chapter is to establish standards and procedures for environmental waste and litter reduction measures and promote environmentally sustainable practices throughout the City by prohibiting the use, sale and distribution of balloons filled with a gas lighter than air. In enacting this Chapter, it is the City’s intent to further current prohibitions and regulations relating to balloons under State law and to protect the City’s residents, businesses, animals, and infrastructure from damage caused by balloons. 5 November 13, 2023 Item 13
Ordinance No. ____

Nothing in this Chapter is intended to or shall be interpreted as conflicting with any federal or state law or regulation.

11.48.020 Definitions.

The following definitions shall be applicable when the following words or phrases are used hereafter in this Chapter, whether or not these words or phrases are capitalized:

Balloon means a flexible bag, including but not limited to, those made from rubber, latex, polychloroprene (neoprene), Mylar, or nylon fabric, that is designed to be inflated with a gas lighter than air, causing it to float, or designed to be filled with fluid. A balloon may be used for decorative, toy or entertainment purposes. Balloons used for medical, industrial or scientific purposes are not subject to the provisions of this Chapter.

City-Sponsored Event means any event, activity or meeting organized, sponsored, permitted, in whole or in part, by the City or any department of the City. This includes events at rented or borrowed City Facilities, City Parks, City Beaches and City cosponsored events.

Gas Lighter Than Air means a gas that has a lower density than normal atmospheric gases and rises above them as a result, including, but are not limited to, helium, hydrogen, methane, oxygen, and nitrogen.

Person means any person, business, corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization or group, however organized.

11.48.030 Prohibition on the Use, Sale and Distribution of Balloons.

A. No Person, including, but not limited to, a balloon wholesaler, retailer or third-party vendor, shall use, sell or distribute any type of Balloon inflated with any Gas Lighter Than Air within the City, either as a separate item or included in a packaged product set, including at any City Facility, City Park, City Beach or at a City-Sponsored Event.

B. No Person shall dispose of any Balloon inflated with any Gas Lighter Than Air within the City in any manner, including release outdoors into the air, other than in a trash container.

C. This Section shall not apply to manned hot air balloons, or to balloons used in governmental or scientific research purposes.

11.48.040 Enforcement and Administrative Remedies.

A. The City Manager, or designee, is authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this 6 November 13, 2023 Item 13
Ordinance No. ____

chapter, including, but not limited to, inspecting any commercial business, City Facility, City Park, City Beach or City-Sponsored Event to verify compliance.

B. Any violation of this chapter shall be enforced through the administrative citation program set forth in Chapter 1.10 of the Del Mar Municipal Code.

C. Each violation of this chapter shall be considered a separate offense.

D. The remedies and penalties provided in this section are cumulative and not exclusive, and nothing in this chapter shall preclude any person from pursuing any other remedies provided by law. The city attorney may seek legal, injunctive, or other equitable relief to enforce the provisions of this chapter and any regulations or administrative procedure developed pursuant hereto.

E. In addition to any other applicable civil or criminal penalty, any person convicted of a violation of this chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250, or a misdemeanor, which shall be punishable by a fine not exceeding $1,000.

F. Administrative enforcement of this chapter shall proceed pursuant to Chapter 1.10 of the Del Mar Municipal Code.

G. Notwithstanding any other provision of this chapter, this chapter may be enforced through any remedy as provided for in this section upon its effective date.

SECTION TWO:

The action being considered by the City Council is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA Guidelines because it is an activity undertaken to assure the maintenance, restoration, enhancement and protection of the environment. This action further strengthens the City’s regulations regarding the use of expanded polystyrene products, plastic straws/stirrers, and non-recyclable plastic disposable food service ware that harm the environment. Further, the action is exempt from CEQA pursuant to Sections 15060(c)(2) and 15061(b)(3) because in can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment.

SECTION THREE:

This Ordinance was introduced by the City Council on November 13, 2023. 7 November 13, 2023 Item 13
Ordinance No. ____

SECTION FOUR:

The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.

SECTION FIVE:

If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.

SECTION SIX:

The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.

SECTION SEVEN:

Upon adoption, the Ordinance will take effect and be in force 30 days from the date of City Council adoption (“Effective Date”).

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the _____th day of December 2023.
________________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
8 November 13, 2023 Item 13
Ordinance No. ____

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

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

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
9 November 13, 2023 Item 13
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Beth Murray, Limited-Term Senior Management Analyst Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: November 13, 2023
SUBJECT: Encroachment Permit EP23-073 – Request to Retain Unpermitted Fencing, Entry Arbor, and Landscaping within the Public Right-of-Way at 157 6th Street (Applicant: Arturo Vivar)
REQUESTED ACTION/RECOMMENDATION:

It is recommended that the City Council adopt a Resolution (Attachment A) denying Encroachment Permit EP23-073, based on the project’s non-compliance with the Del Mar Municipal Code (DMMC) and City Council Policy 110 - Private Encroachments into City Rights-of-Way (Attachment B).

BACKGROUND:

On July 17, 2023, Code Enforcement Case No. 23-104 was opened after the City received a complaint that the existing fence, entry arbor, and landscaping were located in the public right of way along the property’s 6th Street and Stratford Court frontage. The subject property is located on the southwest corner of 6th Street and Stratford Court, with driveway access taken from Stratford Court. Although there is no sidewalk along 6th Street or Stratford Court, there is a concrete curb adjacent to the pavement on Stratford and an asphalt curb adjacent to the pavement on 6th Street.

Staff confirmed that a fence, entry arbor, and landscaping exists within the right-of-way and there are no records of an Encroachment Permit or Administrative or Design Review permits for the existing fence, entry arbor or landscaping. Staff did find an approved Administrative Design Review permit (ADR14-052) dated April 10, 2015; however, the approval was for a fence and entry arbor on the property line, not encroaching into the public right-of-way. Additionally, staff could find no evidence that building permits were ever issued for the fence or entry arbor.

The encroachments extend approximately 14 feet into the right-of-way along 6th Street and about 10 feet into the right-of-way along Stratford Court (Attachments C and D). The 1 November 13, 2023 Item 14
City Council Agenda Report
EP23-073 (157 6th Street)
November 13, 2023

hedges on Stratford are partially blocking a speed limit sign and can also present a lineof-sight impact for vehicles backing out of the property onto Stratford Court. Irrigation along 6th Street has caused runoff into the street and possibly contributed to the deterioration of the asphalt curb.

The property owner of 157 6th Street, Arturo Vivar, has since filed a Long-Term Major Encroachment Permit Application requesting City Council approval to allow the existing fence, entry arbor and landscaping within in the public right-of-way. The existing fence is 64 inches in height and constructed of wood. The wood entry arbor is about 7 feet in height. The existing hedges are approximately 7 feet in height and are planted along 6th Street and Stratford Court (Attachment D). There are also several 1’ to 2’-6’ shrubs and flowers along 6th Street and Stratford Court planted between the property line and the fence which are also located in the right-of-way.

DISCUSSION/ANALYSIS:

A Long-term Major Encroachment Permit, per DMMC Section 23.28.020, is defined as any improvement designed to or having a permanent appearance and intended for use for a period of 365 days or more and include but not limited to structures or portions thereof, balconies, cornices and other architectural projections, awnings, below grade vaults, earth-retaining structures extending 12 inches or more in height above the adjacent grade, planter boxes, ramps, fences or walls, curbs extending 12 inches or more in height above the adjacent grade.

In addition to the findings listed below, DMMC Section 23.28.040 provides a list of specifically prohibited encroachments, which includes any encroachment that would create an unsafe line of sight for pedestrians or motorists (23.28.040(B)(5)). It is staff’s position that the location of the fencing, entry arbor, and landscaping within the public right-of-way has the potential to endanger public safety because they block sight lines at the intersection and vehicles that are backing out of the subject property’s driveway. In addition, the hedges are planted in close proximity to a utility pole, traffic control signage, including a speed limit and stop sign.

DMMC Section 23.28.040(B)(3) states that any encroachment that would convey an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property with no associated public benefit to the community is strictly prohibited. The encroachments convey the impression that the approximately 1,600 square-feet of public land enclosed with landscaping and fencing is private and reserved solely for the private use of the residents at 157 6th Street.

Required Findings:

Pursuant to Del Mar Municipal Code (DMMC) Section 23.28.070, there are six required findings for approval, which generally relate to public safety, intended use of the right-ofway, community character, aesthetics, and conversion of public land for private use. An Encroachment Permit shall only be approved if the City Council can make all of the 2 November 13, 2023 Item 14
City Council Agenda Report
EP23-073 (157 6th Street)
November 13, 2023

following six findings:

Finding 1. That the issuance of the EP will not endanger public health, safety or welfare, or the surrounding property.

Finding 2. That the issuance of the EP will not unreasonably interfere with the intended use of a City Right-of-Way or Easement.

Finding 3. That the issuance of the EP will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics.

Finding 4. That the issuance of the EP will not cause an unnecessary change in the character of the community.

Finding 5. That the issuance of the EP will not be to the detriment of the interests of the general public.

Finding 6. The proposed Encroachment will convert significant area of public property to private use.

Staff has determined that the proposed encroachments would only be consistent with Finding 4 above. None of the other findings can be made. Finding 1 cannot be made because the encroachments could endanger public safety due to the interference with sight lines needed for drivers to see other vehicles and/or pedestrians in the right-of-way.

Finding 2 cannot be made because the encroachments are interfering with the visibility of the traffic control signage thereby unreasonably interfering with the intended use of a City Right-of-Way. Finding 3 cannot be made because encroachments could have an adverse impact on the welfare of the community due to the interference with sight lines and blockage of traffic control signage. Finding 5 cannot be made because the line of sight and reduced visibility of traffic control signage is a detriment to the interests of general public. Additionally, Finding 6 cannot be made because the encroachments enclose approximately 1,600 square-feet of City right-of-way, thereby converting a significant area of public property for private use.

Furthermore, the fencing, entry arbor and landscaping do not comply with City Council Policy 110, which states “encroachments that would result in an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property will not be authorized unless the City Council makes a finding that the proposed encroachment will result in a public benefit to the Community”. Staff cannot identify any public benefits for allowing these encroachments in the public rightof-way. 3 November 13, 2023 Item 14
City Council Agenda Report
EP23-073 (157 6th Street)
November 13, 2023

Given the proposed project’s non-compliance with the DMMC in that all required findings cannot be made and non-compliance with City Council Policy 110, staff recommends that the EP application be denied.

FISCAL IMPACT:

There is no fiscal action to be taken or fiscal impact related to this agenda item, as this is a private development proposal. All fees associated with entitlement processing are paid for by the Applicant.

ENVIRONMENTAL IMPACT:

In accordance with California Environmental Quality Act (CEQA) Guidelines Sections 15061(b)(4 and 15270(a), in that CEQA does not apply to project which a public agency rejects or disapproves.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

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

ATTACHMENTS:

Attachment A – Resolution Denying EP23-073
Attachment B – City Council Policy 110, Private Encroachments into City Rights-of-Way Attachment C - Site Plan
Attachment D – Photographs
4 November 13, 2023 Item 14

ATTACHMENT A
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, DENYING ENCROACHMENT PERMIT EP23-
073 REQUESTING TO RETAIN EXISTING UNPERMITTED

FENCING, ENTRY ARBOR, AND LANDSCAPING WITHIN THE
PUBLIC RIGHT-OF-WAY ADJACENT TO 157 6TH STREET IN DEL

MAR, CALIFORNIA
WHEREAS, the City of Del Mar (City) is the owner of the right-of-way adjacent to 157 6 th Street; and
WHEREAS, Arturo Vivar (Applicant) has filed an application for an Encroachment Permit (EP23-073) seeking approval to retain unpermitted existing fencing, entry arbor, and landscaping within the public right-of-way adjacent to 157 6th Street; and WHEREAS, Del Mar Municipal Code (DMMC) Chapter 23.28 requires an Encroachment Permit (EP) for any private improvements on City property, and specifically any improvements that would alter the intended us of public right-of-way, require City Council approval; and
WHEREAS, DMMC Section 23.28.070 provides that an Encroachment Permit may be approved or conditionally approved only if the decision maker makes all of the findings set forth in Section 23.28.070(C); and
WHEREAS, in accordance with requirements of the California Environmental Quality Act (CEQA), the City Council’s action to reject or disapprove a project is exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15061(b)(4) and 15270. Therefore, environmental review would not be required; and WHEREAS, on November 13, 2023, the City Council of the City of Del Mar held a duly noticed public hearing to review the encroachment permit, and at which time all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Plans submitted by the applicant;
b. Written information submitted with the application;
c. Agenda Report, dated November 13, 2023, incorporated by reference as though fully set forth herein;
d. Additional information submitted during the hearing.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that Encroachment Permit EP23-073 is hereby denied based on the following findings in DMMC Section 23.28.070 (C):
5 November 13, 2023 Item 14
Resolution 2023-XX

1. DMMC Section 23.28.070(C)(1-6) requires the City Council to make all findings.

Finding 1 cannot be made because the encroachments could endanger public safety due to the interference with sight lines needed for drivers to see other vehicles and/or pedestrians in the right-of-way. Finding 2 cannot be made because the hedges are interfering with the traffic control signage visibility thereby unreasonably interfering with the intended use of a City Right-of-Way. Finding 3 cannot be made because encroachments could have an adverse impact on the welfare of the community due to the interference with sight lines and blockage of traffic control signage. Finding 5 cannot be made because the line of sight and reduced visibility of traffic control signage is a detriment to the interests of general public. Finding 6 cannot be made because the encroachments enclose approximately 1,600 square-feet of City Right-of-Way, thereby converting a significant area of public property for private use.

2. The fencing, entry arbor and landscaping would be inconsistent with City Council Policy #110, which states “encroachments that would result in an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property will not be authorized unless the City Council makes a finding that the proposed encroachment will result in a public benefit to the Community.” The applicant has not demonstrated any public benefit that would result from the placement of the proposed fencing/entryway.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that EP23- 073 is denied.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, State of California, at a Regular Meeting held on the 13th day of November, 2023. ____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________
Leslie E. Devaney, City Attorney
City of Del Mar
6 November 13, 2023 Item 14
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 13th day of November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
7 November 13, 2023 Item 14

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
110 PRIVATE ENCROACHMENTS INTO CITY RIGHTSOF-WAY
DATE ADOPTED: 10/19/15
BY RESOLUTION: 2015-67
PAGES: 1 OF 2
POLICY
This policy memorializes the City Council’s position on which types of private encroachments are compatible with and enhance the public areas that City rights-of-way represent and, conversely, which types of encroachments are inappropriate because they would change the character and perception of a right-of-way area to one of being under private ownership and/or benefit rather than being a public space.

Appropriate Uses of City Rights-of-Way or Easements
There are numerous circumstances in Del Mar where an improved (paved) section of a City right-of-way is narrower that the width of the right-of-way itself. This results in an area of unimproved right-of-way adjacent to private property. In many cases, the owner of the adjacent property, or designee, proposes to install landscaping and other landscape-related improvements in the unimproved portion of the right-of-way. This has the beneficial effect of beautifying the area adjacent to the paved roadway, without the City having to bear the costs for installing or maintaining the improvements. These are generally considered to be an appropriate use of a right-of-way but still subject to review under the Encroachment Permit process.

There are also circumstances where an encroachment is proposed as a means to provide a driveway or entry path across the unimproved right-of-way between the paved section of the right-of-way and the adjacent private property. These too are deemed an appropriate and justifiable use of a City right-of-way or easement. Such proposals are generally approved, unless it is determined that the proposed encroachment would:

1. Present a public health or safety hazard, such as:
a) Creating a trip hazard or other impediment to pedestrians b) Creating an unsafe line of sight for pedestrians or motorists c) Interfering with or not accommodating safe pedestrian passage (retention/provision of a continuous, minimum five-foot-wide “safe harbor” along the edge of the paved roadway is the standard applied by the City);

2. Result in a loss of on-street public parking;

3. Be inconsistent with the City’s planned use for the area;

4. Result in a wholesale change in appearance or use of the area, to the detriment of the community;

5. Interfere with development or use on an adjacent public or private property;

6. Result in a permanent feature (e.g., stone wall or reinforced structure) that would be difficult to remove if the City exercises its right to modify the use of the area subject to the Encroachment Permit

ATTACHMENT B
8 November 13, 2023 Item 14

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
110 PRIVATE ENCROACHMENTS INTO CITY RIGHTSOF-WAY
DATE ADOPTED: 10/19/15
BY RESOLUTION: 2015-67
PAGES: 2 OF 2
Inappropriate Proposals for Use of a Right-of-Way or Easement It is the City’s policy that proposals for development encroachments that would result in an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property will not be authorized unless the City Council makes a finding that the proposed encroachment will result in a public benefit to the community.

Examples of such inappropriate encroachments include: fences, hedges, or vegetation that would create the impression that the “walled-off” area is private vs. public property; and pools, spa or other amenities that would be used primarily for the benefit of the adjacent property, rather than for the public at large.
9 November 13, 2023 Item 14
ENCROACHMENT PERMIT - LONG TERM Scale: 1"=10' & SNEED ARCHITECTS BOKAL 157-159 6TH STREET 07 AUGUST 2023 RESIDENCE APN: 300-321-5002 ENCROACHMENT SCOPE PROJECT CONTACT ATTACHMENT C 10 November 13, 2023 Item 14

ATTACHMENT D
Aerial View
11 November 13, 2023 Item 14

ATTACHMENT D
Current View from Stratford Court
Current View from 6th Street
12 November 13, 2023 Item 14

ATTACHMENT D
6 th Street and Stratford Court
– Southwest Corner View
Looking east from 6th Street
13 November 13, 2023 Item 14

ATTACHMENT D
Looking Northwest from
Stratford Court
Looking South along
Stratford Court – Traffic
signs partially blocked by
hedges
14 November 13, 2023 Item 14

ATTACHMENT D
2014 Historical View from 6th Street – Hedges at the Property Line 2015 Historical View from Stratford – Fence and Low Vegetation Planted in the ROW
15 November 13, 2023 Item 14

ATTACHMENT D
2015 View from 6th Street
2019 Tall landscaping planted in the ROW – View from 6th Street 16 November 13, 2023 Item 14
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Councilmembers Dave Druker and Terry Gaasterland Del Mar Representatives to the SANDAG Board and City Council Railroad Subcommittee Members
DATE: November 13, 2023
SUBJECT: Proposed Del Mar Guiding Principles Regarding the LOSSAN Rail Realignment Project
REQUESTED ACTION/RECOMMENDATION:

Councilmembers Druker and Gaasterland request that the City Council adopt the proposed Del Mar Guiding Principles Regarding the LOSSAN Rail Realignment Project (Attachment A).

DISCUSSION/ANALYSIS:

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

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

Periodic updates regarding the SANDAG Rail Realignment Study have been provided to the Del Mar City Council, including July 2020, May 2021, and most recently on July 24, 2023. The Study was finalized in August 2023, and is now available on SANDAG’s website at: lossan-sdsvdt-alternatives-analysis-2023-09-01.pdf (sandag.org) Future phases of the overall Los Angeles – San Diego – San Luis Obispo Rail Corridor (LOSSAN) Rail Realignment Project (Project) will include environmental review, full design, and construction. The envisioned timeline would achieve project completion by 2035, with the tracks no longer operating on the Del Mar bluffs. 1 November 13, 2023 Item 15
City Council Agenda Report
Adoption of Guiding Principles for LOSSAN Rail Realignment November 13, 2023

On September 5, 2023, the City Council adopted Resolution 2023-33, establishing that it is critically important to the City of Del Mar that SANDAG commit to engaging the public through every means possible to ensure a robust public participation process in which the public can participate fully, receive answers to questions, and provide feedback for consideration prior to decisions being made. This is the only position that the City has taken to date regarding the Project.

Given that SANDAG will soon begin environmental analysis of potential rail realignment alternatives and increasing public concern regarding the Project, it is recommended that the City of Del Mar adopt guiding principles to help clarify the City’s positon with regard to the Project as well as provide guidance for any future decision(s) or position(s) to be taken by the City related to the Project.

FISCAL IMPACT:

There is no fiscal impact related to this agenda item.

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Action (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

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

ATTACHMENTS:

Attachment A – Proposed City of Del Mar Guiding Principles Related to the LOSSAN Rail Realignment Project
2 November 13, 2023 Item 15

PROPOSED CITY OF DEL MAR

GUIDING PRINCIPLES RELATED TO THE LOSSAN RAIL

REALIGNMENT PROJECT
The City Council of the City of Del Mar endorses the following guiding principles regarding the San Diego Association of Governments (SANDAG) LOSSAN Rail Realignment Project. City Council adoption of these guiding principles establishes the City of Del Mar’s official position regarding this important project. Comments by individual Councilmembers that conflict with these adopted guiding principles are not representative of the City’s position.
1) Removing the rail line from the environmentally sensitive and fragile Del Mar Bluffs to an inland location by 2035 is a top priority for the City and the region. 2) The San Diego Association of Governments (SANDAG) must thoroughly explore all portal locations that limit or eliminate impacts to, and the need for acquisition of, private property to the greatest extent feasible in compliance with the California Environmental Quality Act (CEQA).
3) It is critically important that SANDAG engage the public through every means possible to ensure a robust public participation process in which the public can participate fully, receive answers to questions, and provide feedback for consideration prior to decisions being made.
4) The coming SANDAG studies must include a reasonable range of feasible alternative rail alignments, including the I-5 and proposed Fairgrounds alignments, and must also include a “no project” alternative as required by federal and state environmental laws. 5) A quality cost benefit analysis must be performed comparing the cost and benefits of the proposed final project to the alternatives, and should consider costs due to risks of bluff failure.
6) Del Mar expects to be intimately involved in the SANDAG study process with an opportunity to comment at each stage along the way.
7) Elimination of the rail line is not within the power of the City of Del Mar, SANDAG, or the North County Transit District (NCTD).
8) The City Council pledges to be open and transparent with the public regarding this important project and expects SANDAG to do the same.
9) The LOSSAN Rail Realignment Project should include removal of seawalls and the creation of a trail from Powerhouse Park to Torrey Pines State Beach.

ATTACHMENT A
3 November 13, 2023 Item 15
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Kseniia Izgarskaia, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: November 13, 2023
SUBJECT: Adoption of the 2024 City Council Meeting Schedule REQUESTED ACTIONS/RECOMMENDATION:

Staff recommends that the City Council adopt the Resolution (Attachment A) approving the 2024 City Council Meeting Schedule (Exhibit A to Attachment A) or provide direction to staff regarding changes to the proposed schedule.

DISCUSSION/ANALYSIS:

The Del Mar Municipal Code (DMMC) Section 2.20.040(A), states that, “Regular meetings of the City Council shall be held on the first and third Monday of each month,” and further states that, “The City Council may, by resolution, designate another date, time, and location for a regular meeting.”
2024 City Council Meeting Schedule
The DMMC, and the procedures adopted by the City Council through Resolution No. 2009-40, require the City Council to annually adopt a meeting schedule for the upcoming calendar year, identify any regular meeting dates to be cancelled, and designate any new dates as regular meetings. The proposed 2024 City Council Meeting Schedule is included with this report as Exhibit A to Attachment A. The 2024 City Council Meeting Calendar is included as Attachment B and visually displays the meeting schedule in calendar format. If the City Council finds that additional meetings are needed during the calendar year, the Council can add meetings by scheduling a special meeting or adjourning a regular meeting to a new date.

Proposed Changes to the 2024 Regular Meeting Schedule
Typically, the City Council meets twice per month in accordance with the schedule described in the DMMC as referenced above. However, it is not uncommon for the Council to modify the meeting schedule when deemed necessary, which is usually related to holidays. As such, staff is proposing the following changes to the 2024 City Council meeting schedule:
1 November 13, 2023 Item 16
City Council Agenda Report
City Council 2024 Meeting Schedule
November 13, 2023

1) Based on the City Council’s regular meeting schedule, the first meeting of the year would fall on January 1, 2024. However, this is an official City Holiday (New Year’s Day) when City Hall is closed. Staff recommends that the City Council hold the first meeting of the month on Monday, January 8, 2024, and the second meeting on Monday, January 22, 2024.
2) The second meeting of February falls on February 19, 2024, which is an observed City Holiday (President’s Day) when the City Hall is closed. Staff recommends that the City Council hold the second meeting of that month on Tuesday, February 20, 2024.
3) The holiday week of July 4 is historically very busy for the City. As such, staff recommends that the City Council adjust the regular meeting schedule for July 2024, to hold meetings on Monday, July 8 and Monday, July 22, 2024. 4) Traditionally, the City Council goes into recess for a month during the summer, which has occurred during the month of August for the last two years. Staff recommends that the City Council continue with this tradition; however, staff requests that the Council consider taking part of July and part of August off in 2024 (meeting on July 8, 2024, and August 26, 2024), or going dark for the entire month of July rather than August (meeting August 5 and 19, 2024).

This recommendation is based on the fact that many City staff members take time off in July, and other organizations such as the Fairgrounds and neighboring cities go dark in July, which coincides with the traditional school year summer break.

For example, the City of Encinitas goes dark for the month of July, and the City of Solana Beach goes dark at the end of July through approximately mid-August.

With other agencies dark in July and Del Mar dark in August, it tends to have an extended impact on productivity for a two-month period during the summer.

If the City Council finds that a meeting is needed during the Council summer recess, the Council can call a special meeting, which has been the case on occasion in prior years as urgent City matters may arise. 5) The first meeting of September falls on September 2, 2024, which is an observed City Holiday (Labor Day) when the City Hall is closed. To avoid scheduling impacts associated with the Labor Day Holiday, staff recommends that the City Council hold the first meeting of the month on Monday, September 9, 2024, and the second meeting on Monday, September 23, 2024.
6) In accordance with City Council Policy 107, no City Council meeting shall be scheduled the day prior to the Municipal Election, which will be held on November 5, 2024. The following Monday, November 11, 2024, is a City Holiday (Veteran’s Day) and the Thanksgiving Holiday (November 28 & 29, 2024) falls the week of November 25, 2024. As such, staff recommends that the City Council hold one meeting in November on Monday, November 18. This is consistent with the 2023 City Council Meeting schedule which includes only one meeting in November. 2 November 13, 2023 Item 16
City Council Agenda Report
City Council 2024 Meeting Schedule
November 13, 2023

Special Meetings
The City Council typically holds a Goals and Priorities Workshop in the first part of the calendar year. Once the Mayor and Deputy Mayor are seated for 2024, staff will schedule a meeting to discuss possible dates and a format for the 2024 Council Goals and Priorities Workshop, which will be presented Council for discussion and feedback prior to scheduling.

In past election years, the City Council has called a special meeting to certify election results in December if the certified election results were not received from the County of San Diego Registrar of Voters in time to be certified at a regularly scheduled Council meeting. Staff anticipates that the certified election results will be available prior to the proposed December 16, 2024, City Council meeting. However, if they are not available in time, a special meeting will be required.

FISCAL IMPACT:

There is no fiscal impact or action to be taken related to this agenda item.

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

ATTACHMENTS:

Attachment A – Resolution Adopting the 2024 City Council Meeting Schedule Exhibit A to Attachment A - 2024 City Council Meeting Schedule Attachment B – Proposed 2024 City Council Meeting Calendar 3 November 13, 2023 Item 16
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, DESIGNATING REGULAR MEETINGS OF
THE CITY COUNCIL FOR THE 2024 CALENDAR YEAR
WHEREAS, Del Mar Municipal Code Section 2.20.040 Regular Meetings, Subsection A, states that “Regular” meetings of the City Council shall be held on the first and third Monday of each month in the City Council Chambers; and WHEREAS, Del Mar Municipal Code Section 2.20.040 Regular Meetings, Subsection B, states that “The City Council may, by resolution, designate another date, time, and location for a regular meeting;” and
WHEREAS, Council adopted Resolution No. 2009-40 establishing procedures for setting the Council meeting schedule on an annual basis; and WHEREAS, it is important that the public know and understand when the City Council will conduct its regular meetings; and
WHEREAS, it is also important that there be flexibility in the schedule of regular meetings in order to complete the City’s business.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the City Council hereby designates the dates and times and location for the regular and special meetings for the 2024 calendar year and cancels any remaining regularly scheduled meetings pursuant to the Del Mar Municipal Code as described in Exhibit A to this Resolution, and directs the City Clerk to post the adopted schedule at City Hall and on the City’s website.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 13th day of November, 2023. _____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:

Leslie E. Devaney, City Attorney
City of Del Mar
4 November 13, 2023 Item 16
Resolution No. 2023-XX

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 13th day of November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 November 13, 2023 Item 16
City of Del Mar
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us 2024 City Council Meeting Schedule
Regular Meetings are held at the Del Mar Town Hall, 1050 Camino del Mar, Del Mar, or remotely if there is a declared emergency, at 4:30 p.m. on the date shown, unless otherwise noted on the published agenda. Special Meetings and/or City Council Workshops may be held in an alternate location or remotely during if there is a declared emergency.

DATE MEETING TYPE
Monday, January 8, 2024 Regular
Monday, January 22, 2024 Regular
Monday, February 5, 2024 Regular
Tuesday, February 20, 2024 Regular
Monday, March 4, 2024 Regular
Monday, March 18, 2024 Regular
Monday, April 1, 2024 Regular
Monday, April 15, 2024 Regular
Monday, May 6, 2024 Regular
Monday, May 20, 2024 Regular
Monday, June 3, 2024 Regular
Monday, June 17, 2024 Regular
Monday, July 8, 2024 Regular
Monday, August 26, 2024 Regular
Monday, September 9, 2024 Regular
Monday, September 23, 2024 Regular
Monday, October 7, 2024 Regular
Monday, October 21, 2024 Regular
Monday, November 18, 2024 Regular
Monday, December 2, 2024 Regular
Monday, December 16, 2024 Regular
Adopted by Resolution 2023-XX
6 November 13, 2023 Item 16

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Key:

City Council Meeting
City Holiday
Special Meetings City Council Goal Setting Workshop Date TBD Approved 11/13/2023
October November December
January February March
April May June
2024 Del Mar City Council Meeting Calendar
July August September
7 November 13, 2023 Item 16