Del Mar City Council Meeting Agenda
Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
June 3, 2024 City Council Meeting
INFORMATION RECEIVED
AFTER THE COUNCIL AGENDA
WAS DISTRIBUTED
(“Red Dots”)
City of Del Mar
Memorandum
________________________________________________________________________________________________________ TO: Honorable Mayor and City Council Members
Martin Boyd, Project Manager II
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
June 3, 2024
From:
DATE:
SUBJECT: Red Dot for Item 15: Undergrounding Program Update and Task Order Approval for Utility Specialists Southwest, Inc. to Perform Utility Underground District (UUD) Pre-Formation Services for UUD 3 (South Hill) Item 15 on the June 3, 2024, City Council agenda includes an informational update on the Undergrounding Program, including updates on project costs for UUD 1A, and recommends approval of a Task Order with Utility Specialists Southwest, Inc. to perform utility underground district (UUD) pre-formation services for UUD 3 (South Hill).
The attached revised UUD 1A Project Budget is intended to replace Attachment E that was included in the initial agenda packet distribution on May 30, 2024 and provides highlighted corrections to the project budget shown for July 7, 2021.
Attachment: Revised UUD 1A Project Budget
June 3, 2024 Item 15
UUD 1A Estimated Total Project Costs (02-7000-7202)
Does not include costs for internal staff time or necessary City personnel for project management Work Categories
District
Formation
Budget
7-12-21
Budget as of
10-16-23
Pre-Bid
Budget
12-4-23
Budget as of
6-3-24
Pre-Construction Phase - Professional Services
Utility Specialists - Pre-Construction Services (Includes US, KCM, Fuscoe) $543,900 $576,700 $647,878 $647,878
1. City and Agency Coordination $27,100 $43,370 $43,370 $43,370
2. District 1A Design $423,010 $439,540 $505,352 $505,352
3. Resident Interface and Project Status Tracking $56,160 $56,160 $68,926 $68,926
4. Public Bidding Support $37,630 $37,630 $30,230 $30,230 City Arborist Review $5,000 $5,000 $3,525 $3,525
Environmental Review; City to complete in-house $0 $0 $0 $0 GIS Services As-Needed $2,000 $2,000 $0 $0
Communications Consultant Services $5,000 $5,000 $5,000 $5,000 Subtotal for Pre-Construction Professional Services $555,900 $588,700 $656,403 $656,403 Utility Companies - Estimates for City Paid Design and Construction Costs SDG&E
7-12-21 to 12-4-23 estimated per LF of overhead or trench from UUD Tewa. 6-3-24 estimate provided by SDG&E.
$904,842 $959,175 $1,004,850 $3,585,756
AT&T
7-6-21 estimated based on UUD Tewa. 10-16-23 to 6-3-24 updated based on UUD 1A specific including 15% contingency
$678,632 $180,000 $163,944 $163,944
Spectrum/Charter $284,297 $0 $0 $0
Crown Castle $0 $0 $0 $0
Subtotal for Utility Company Costs $1,867,771 $1,139,175 $1,168,794 $3,749,700 Construction Phase
City's General Contractor (Actual amount will be determined via City bid process) 7-12-21 estimate based on $120/LF of overhead. 10-16-23 estimate based on UUD Tewa $344.40/LF of trench. 12-4-23 estimate based on engineer's estimate. 6-3-24 based on actual bid. $918,000 $3,146,108 $3,049,746 $4,717,395
Utility Specialists Construction Management and Support (12-month construction) 7-12-21 for as needed for duration of construction. 10-16-23 to 6-3-24 for full-time City construction and asneeded for remainder of construction .$169,820 $423,740 $423,740 $415,250 Storm Water Compliance Services
7-12-21 included as part of above line item. 10-16-23 to 6-3-24 removed as to be done by contractor. $22,080 $22,080 $0 Additional Construction Management Services
For any additional necessary professional services during construction. $42,455 $33,964 $84,748 $71,513 Subtotal for Construction Phase $1,130,275 $3,625,892 $3,580,314 $5,204,158 Combined Estimated Total $3,553,946 $5,353,767 $5,405,511 $9,610,261 Project Contingency
10% of Construction Phase Costs $0 $0 $0 $520,416
Combined Estimated Total + Contingency $3,553,946 $5,353,767 $5,405,511 $10,130,676 June 3, 2024 Item 15
CITY COUNCIL AGENDA QUESTIONS
June 3, 2024
Item 6– Biennial Review and Update of the Del Mar Conflict of Interest Code
1. The City Attorney is listed as a category 4 filer. Does this apply to the other attorneys in her office with whom we work regularly--do they also file? Response: No. Only the City Attorney files a Form 700. Other attorneys in the City Attorney’s Office provide advice, guidance and recommendations to the City Attorney, City Council, and staff who then make decisions on behalf of the City.
2. Are there any city boards and commissions designated as filers other than Finance, DRB, and PC? The report says they file as directed by Resolution.
Response: Currently, Design Review Board, Planning Commission, and Finance Committee members are designated Form 700 filers under the City’s Conflict of Interest Code. The Planning Commission and Design Review Board are designated because they are quasi-judicial decision-making bodies. The Finance Committee is designated due to the financial nature of the committee and the committee’s role in the budget process. The City Council has not designated any other committees as Form 700 filers because these committees are advisory to the Council, as stated in their charters, meaning they provide the Council with recommendations and are not decision-making bodies. Staff monitors committee activity to ensure committees are operating within their designated charters, and as new committees are formed staff analyzes whether they should be designated filers under FPPC regulations and guidance.
3. Same for consultants--which ones file? Undergrounding consultants? MBI? Other? Response: Michael Baker International (engineering services) and True North Compliance (building services) staff who provide services to the City are designated Form 700 filers. Other consultants performing work for the City are not designated Form 700 filers because they possess no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. Staff monitors the roles and activities of consultants to ensure compliance with the Conflict of Interest Code and may designate consultants as filers, as needed.
June 3, 2024 Items 6,8,10,12,13,15,16
Item 8 – Purchase of Equipment Trailer from Sonsray Machinery
1. What happens to the old flatbed trailer? Sale? Trade in? Do we keep it? Response: It is being sold at auction and the revenues will go to the General Fund.
Item 10- Fiscal Year 2024-2025 Senate Bill 1 Funding for the City’s Annual Pavement Management Program
1. The report says these funds are "... subject to change by the State of California pending fund availability." Are these funds at risk due to the state budget shortfall? Is Del Mar at risk if we proceed to program street repairs assuming these funds before knowing the answer to that?
Response: These funds are from per-gallon excise taxes on gasoline and diesel fuel, sales tax on diesel fuel, and registration taxes on motor vehicles. These funds are not at risk but are subject to minor adjustments after July 1, the deadline for all cities to submit their project lists. Final funding allocations are determined based on that final project list.
Item 12- Agreement with Townsend Public Affairs for Legislative Advocacy Services
1. Can the staff clarify if the scope of services includes identification of grant opportunities? The scope attached to the proposed contract lists included activities:
“State and Federal Earmark Funding Opportunities: TPA will support the City in its pursuit of state and federal earmark funding by leveraging legislator and staff relationships, as well as responding to technical or administrative questions related to the applications.” This sounds like the City will need to identify grant opportunities and TPA's scope is limited to providing support for items the city identifies. That's pretty different from helping the City identify grant opportunities.
Response: Earmark funding opportunities are different than traditional grant opportunities and are tied to the state and federal legislatures. TPA’s expertise in legislative advocacy and access to legislators and their staffs has and will help the City seek funding for shovelready projects that enhance the community. At both the state and federal levels, funded “earmark” projects do bear similarities to traditional grant opportunities in that once funded, awardees like the City must complete applications to access the funds and adhere to compliance requirements.
June 3, 2024 Items 6,8,10,12,13,15,16
However, the scope of services in the new Townsend Public Affairs agreement does not specifically include the identification of grant opportunities outside of the state and federal legislature funding processes. While TPA provided this service previously, staff determined that grant identification and related work has been and can be managed internally. Staff monitors and pursues when appropriate funding opportunities that align with projects in the workplan and Council priorities. TPA remains a resource to the City as staff pursues funding.
Item 13- Preliminary Conceptual Plan for Living Levees to Provide Flood Adaptation
1. How will the levee on the south side of the river interface with the RR underpass to be installed for the Coast to Crest Trail as part of the SANDAG RR trestle and seasonal platform project? Will the new underpass be subject to flooding? Response: Any future proposed levee project would need to account for these projects and address project compatibility in the associated environmental review document prior to any decision for project approval.
The existing Riverpath trail along the south bank is in the floodplain and is subject to periodic flooding.
2. How much will these levees protect the homes in the low area between the RR and CDM from flooding?
Response: The levees are designed to protect property that is subject to periodic river flooding, which is applicable to properties that are mapped by FEMA as being located in the AE zone special flood hazard area.
Levee #1 (Fairgrounds) will provide flood protection during the following conditions: 1) existing sea level rise and a 10 year or 25 year storm flood event; 2) 1 foot of sea level rise and a 10 year storm flood event (projected to coincide with years 2050 to 2060); and 3) 2.5 feet of sea level rise and an annual storm flood event (projected to coincide with years 2070 to 2090).
Levee #2 (NC Zone/Public Works) will provide flood protection during the following conditions: 1) existing sea level rise and 100 year storm flood event; and 2) 3 feet of sea level rise and a 25 year storm flood event (projected to coincide with years 2080 to 2100).
June 3, 2024 Items 6,8,10,12,13,15,16
Levee #3 (North Beach) will provide flood protection for homes in the AE zone in the floodplain, but will not protect the ocean front properties that are subject to ocean flooding which is appliable to properties that are mapped by FEMA as being located in the VE zone special flood hazard area. The levee protection from river flooding will apply to the following conditions: 1) existing sea level rise and a 100 year storm flood event; and 2) 3 feet of sea level rise and a 100 year storm flood event (projected to coincide with years 2050 to 2100).
3. Especially on the north side, the amount of protection seems pretty minimal. Were options for a higher levee considered?
Response: The Fairgrounds is a low lying area that is lower than the south bank and is subject to periodic flood inundation due to river flooding. The levees were designed to mimic existing flood conditions in accordance with federal regulations. If the levee is elevated higher on the north bank, then during a flood event the water will travel to the side with the lowest elevation.
4. Whose responsibility is it to design and pay for the levee on the north side of the river- -the City's or the 22nd DAA's, or is there joint responsibility for funding and design? Response: The State is responsible for the State Fairgrounds property. Any levee project or other flood control improvements along the river will require coordination between the City and the State to ensure the improvements will comply with the federal regulations requiring a “no rise” scenario in comparison to existing flood conditions.
5. What is meant by " flood risk reduction?" Does this mean nothing gets wet? Things get wet but damage is not expected? Things get wet and some damage is expected? Something else?
Response: The adjacent properties include Floodway Zone and Floodplain Overlay Zone properties. Properties in the floodway are subject to frequent inundation and properties in the adjacent flood fringe are subject to periodic flooding. Best available science projects changing climactic conditions that include sea level rise and increasing frequency and intensity of storms. The levee system was designed to mimic existing flood conditions, which means the levee will minimize damage from the increasing storm events and sea level rise, but areas that currently experience flooding will continue to experience some flooding similar to existing conditions.
June 3, 2024 Items 6,8,10,12,13,15,16
6. Much of the existing rip rap on both sides (except fronting the Beach Colony project) seems sporadic and in bad shape. Will it be repositioned? Will filter cloth be installed? Will sized rock be placed to interlock?
Response: This is a preliminary design concept. These factors will be addressed in future design concept stages when a levee project is pursued.
7. Will rock, or perhaps cobble, be placed under the living levees, like in the Cardiff Dune Field, such that during flood we might lose the plants and earth, but the rock would still provide protection and the earth and plants could be replaced if needed? Response: See response to #6 above.
8. Granted, The M&N report is preliminary, but it identifies a cost estimate of $5 to $10 million for all three levees. I think we should discuss the options for raising this kind of money. I'm reluctant to approve something even preliminarily if I don't have some feel for how we expect it to be paid for.
Response: This is an informational report. The City Council is not being asked to approve anything or take any action.
9. What kind of grant opportunities are available?
Response: There are available federal and state funding sources. This is identified in the M&N report in Attachment A to the Agenda Report. Federal sources include the NOAA Coastal Resilience Program, National Fish and Wildlife Foundation, and United States Fish and Wildlife Service. While state funding sources are currently unfunded in the state budget, it is expected that there will be future opportunities for state funding via various climate-related programs including California Department of Fish and Wildlife, Coastal Conservancy, Ocean Protection Council, and Coastal Commission. There also may be opportunities for regional funding form SANDAG and the County.
10.Is the 22nd DAA expected to contribute?
Response: Any levee project along the San Dieguito River within the City of Del Mar will require coordination and participation from the 22nd District Agricultural Association, including state funding.
11.Is an assessment district or GHAD appropriate to consider for assessing properties benefited from the flood protection provided by the levees? June 3, 2024 Items 6,8,10,12,13,15,16
Response: Establishment of a GHAD is an option that the City Council could consider as a financing strategy.
12.Are sand mitigation funds held by the CCC on Del Mar's behalf available? Response: No, Coastal Commission does not have sand mitigation funds available.
13.Can NCTD as an affected owner, or SANDAG, be expected to participate in funding? Response: Yes, potentially through grant funds and project mitigation funds (i.e., RR projects).
14.Would the city be better off to allocate $5-$10 million for sand replenishment on the beach?
Response: No, the levees and sand replenishment strategies provide different types of flood adaptation. The levees will be need to protect properties that are subject to river flooding. To protect North Beach from ocean flooding, the City is maintaining its existing system of shoreline protection along the beach front properties and is utilizing sand replenishment. The USACE project in progress has already placed significant quantities of sand in Encinitas and Solana Beach that is migrating south to the Del Mar beach. In addition, there is a regional sand replenishment project (RBSP3) in the planning stages as well as the Southern California Edison obligation for existing small quantity dredging from the river mouth for sand placement on the Del Mar beach every other year.
15.Do we need to do both as this area is exposed to flooding from both directions--from the beach and from the river?
Response: Yes, the City will need to implementation strategies to address river flooding and ocean flooding consistent with the City’s adopted Sea Level Rise Adaptation Plan.
16. Will the system of levees impact sand entrainment in the lagoon mouth and SCE's obligation to dredge and keep the river mouth open?
Response: No, the levees will be located on the upland side of the respective river banks and were designed to mimic existing conditions.
June 3, 2024 Items 6,8,10,12,13,15,16
Item 15- Undergrounding Program Update and Task Order Approval for Utility Specialists Southwest, Inc. to Perform Utility Underground District (UUD) PreFormation Services for UUD 3 (South Hill)
1. Am I right that the SDG&E part of the undergrounding program has to be done by SDG&E? Even if Del Mar were to consider bringing underground work "in house,” Del Mar could not bring that SDG&E portion in house, no?
Response: Correct, SDG&E portion of the work is separate than the City’s construction related to the Undergrounding and can only be done by SDG&E.
Item 16- Review Fiscal Year 2023-24 Third Quarter and Proposed 2024-25 Operating and Capital Budget Update
1. Might the recommended transfer of $2.3 million to the capital reserve account negatively impact our ability to get grants if granting agencies see that the city has already allocated funds for these capital projects? Might it be better to leave the funds in the General Fund Contingency?
Response: No, that is not a factor in being considered for outside sources of funding. The reserve funds could be used for any projects. The funds are not being allocated to the actual projects themselves at this point, just put aside in reserves for those or other projects as may be needed.
June 3, 2024 Items 6,8,10,12,13,15,16