environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
These contract services will support the Council’s Tier 1 Priority to Implement Mandatory SB 1383 Organics Recycling Requirements.
ATTACHMENTS:
Attachment A – Updated Scope of Work for FY 2024-25
Attachment B – Regional Solid Waste Association (RSWA) Solana Center Fee Schedule 3 July 8, 2024 Item 13
AMENDMENT #6 Described Services
RSWA Scope of Work for SB 1383 Support Services
(July 1, 2024 – June 30, 2025)
Background
Solana Center for Environmental Innovation will continue inspections and technical assistance for Tier 1 and Tier 2 entities and inspections on Food Recovery Organizations (FROs) toward SB 1383 compliance.
In addition to commercial businesses, entities may include schools, multifamily dwellings, and any others included under the state mandate. Through this contract, Solana Center also offers further tasks to support cities and businesses including the following areas – how-to and informational webinars, generator list updates, capacity planning, procurement advice, inspection training, and as-needed city assistance.
Del Mar requires assistance from Solana Center for SB1383 support services which can be provided under Amendment 6, also known as “Amended and Restated RSWA Contract,” (attached). The billing rate is $105/hour. RSWA will be providing Del Mar funding of $2,600, earmarked for SB 1383 work 1 . The tasks
that Del Mar has requested from Amendment 6 are listed below.
Following are two tables with corresponding tasks that Del Mar has shown interest in. Table 1 lists each Solana Center task with a description and the relation to SB 1383 requirements. Table 2 provides pricing, quoted per unit. Additional tasks offered through Amendment 6 can be found in the attached contract.
Table 1: SB 1383 Overview of Tasks for Cities (FY 2024-2025) # Task Description SB 1383 requirements
Education and Outreach
1.2 Develop & Deliver
Annual
Education/Outreach
Examples include updating
resources and reviewing websites,
which are mandatory
- annual education to all Tier 1
and Tier 2 businesses
(18985.1)
- website listing of food
recovery organizations (FROs)
updated (18985.2)
Edible Food Recovery Programming
2.1-
2.3 Provide Technical
Assistance to
Businesses
Offer consulting services to Tier 1
and Tier 2 food businesses
- enforcement begins
1/1/2024 so those who need
assistance to comply can
receive help
2.4 Inspect Businesses &
Food Recovery
Organizations (FROs)
Conduct annual inspections to food
generators and FROs covered by SB
1383 on food donation to ensure
compliance
- inspections were required of
Tier 1 businesses beginning
1/1/2022
1 RSWA funding may be used for any SB 1383 work. It is not restricted to Solana Center’s services.
Solana Center for Environmental Innovation 1
Attachment A 4 July 8, 2024 Item 13
# Task Description SB 1383 requirements
Cities determine the number and
frequency of inspections needed to
ensure compliance
- inspections are required of
Tier 2 businesses beginning
1/1/2024
- inspections were required of
FROs beginning 1/1/2022
- includes schools, multifamily
residences, and others under
SB 1383
(Article 14 18995.1)
2.5 Offer Individualized
Business Support
Provide individual guidance to
businesses on any SB1383
requirement
- support SB1383 compliance
for businesses
Capacity Planning
3.1 Update Tier Lists &
Capacity Planning
Review and update list of
businesses categorized by tier.
Quantify edible food generation and
recovery for the County according
to (1) edible food disposal by
businesses and (2) food recovery
capacity of FROs
- updated capacity planning
due to CalRecycle 8/1/2024
- due to County 3-4 months
prior
(Article 11 18992.2)
Organic Waste Recycling
4.1 Train Businesses to
Recycle Organics
Properly
Organic waste sorting and recycling
setup guidance. Training can be
varied from onsite visits, webinars,
multimedia videos etc.
Creation of resources (print or
multi-media) and signage to help
with training.
-properly separate materials
in appropriate containers
pursuant to SB1383
compliance.
(Article 4 18985.1)
-educate business owners
about their organic recycling
commercial business owner
responsibilities (Article 3
18984.10)
4.2 Guide Multi-Family
Properties to Recycle
Organics Properly
Organic waste sorting training to
multi-family businesses.
Guidance can take a variety of forms
- webinar, workshop, print or
electronic resources.
Additional hotline services to guide
as needed.
-properly separate materials
in appropriate containers
pursuant to SB1383
compliance.
(Article 4 18985.1)
Implementation Services
5.1 Compile Food
Recovery Data for City
Compile the required food recovery
program and education data to
support EAR reporting and ensure
- records must be maintained
and available to CalRecycle
about the food recovery
Solana Center for Environmental Innovation 2
Attachment A 5 July 8, 2024 Item 13
implementation record keeping
compliance
program in place and
education provided
(Article 13 18994.2, Article 14
18995.2)
5.2 Advise on
Procurement
Support cities in developing
procurement processes for recycled
products procurement including
recycled content paper.
- cities must purchase a
specific quantity of recycled
organic waste products
(ROWP) eg. compost, mulch,
RNG, and recycled content
paper. Reference AB1985 for
ROWP compliance and
beginning 1/1/2022 for
recycled content paper.
(Articles 12 18993.1, 18993.3)
5.3 Support City
Enforcement
Support cities with development of
enforcement processes, notices of
violation, investigation of
complaints, site inspections to verify
corrections, and associated
recordkeeping
- enforcement for all regulated
businesses (T1/T2) and FROs
must begin 1/1/2024
(Article 14 18995.1)
6.1 Offer As-Needed
Consulting
Provide guidance on SB1383
regulation, best practices
implemented, EAR support (Edible
Food Recovery related sections),
support for meetings with
CalRecycle, etc. Confer with other
entities (eg, CalRecycle, EDCO, DEH,
foodbanks, corporate headquarters,
other cities in the state) on
client-City’s behalf
- general support of SB1383
compliance to jurisdictions
- necessary to get guidance
from CalRecycle on
City-specific issues
This is proving essential as all
cities are still getting up to
speed on SB1383 and
unexpected needs continually
surface
6.2 Invoice & Report
Monthly
Deliver monthly invoicing and
reporting to City
- n/a
6.3 Drive Time & Mileage
Expense
A set rate per trip for each city - n/a
Solana Center for Environmental Innovation 3
Attachment A 6 July 8, 2024 Item 13
Table 2: SB 1383 Amendment 6 Pricing
SB 1383 AMENDMENT 6 PRICING - SOLANA CENTER FOR ENVIRONMENTAL
INNOVATION
Task Units FY25 Cost/Unit
Education & Outreach
1.1.a Offer Webinars* webinar $2,205.00
1.1.b Develop Customized Webinar Content new topic $5,512.50
1.2 Develop & Deliver Annual Education/Outreach hourly $110.25
1.3 Deliver School Food Management Programs hourly $110.25
1.4 Deliver School District Food Recovery Programs hourly $110.25 Edible Food Recovery Programming
2.1 Provide Abbreviated Technical Assistance business $633.94
2.2 Provide Tier 1 Comprehensive Technical Assistance business $1,323.00
2.3 Provide Tier 2 Comprehensive Technical Assistance business $882.00
2.4 Inspect Businesses & Food Recovery Organizations business $633.94
2.5 Offer Individualized Business Support hourly $110.25
2.6a Offer Inspector Training- Part 1* training session $3,937.50
2.6b Offer Inspector Training- Part 2* training session $2,625.00 Capacity Planning
3.1 Update Tier Lists & Capacity Planning hourly $110.25
3.2 Plan Food Rescue Additional Capacity hourly $110.25 Organic Waste Recycling
4.1 Train Businesses to Recycle Organics Properly hourly $110.25
4.2 Guide Multi-Family Properties to Recycle Organics
Properly hourly $110.25
Implementation Services
5.1 Compile Food Recovery Data for City hourly $110.25
5.2a Advise on Procurement hourly $110.25
5.2b Procurement Survey procurement $750.00
Solana Center for Environmental Innovation 4
Attachment A 7 July 8, 2024 Item 13
Solana Center
iif.9E
5.3a Support City Enforcement Consulting hourly $110.25
5.3b Enforcement Program document $1,000.00
Program Management
6.1 Offer As-Needed Consulting hourly $110.25
6.2 Invoice & Report Monthly monthly $525.00
Task 6: Hard costs
6.3 Drive Time & Mileage Expense** trip $69.11
TOTAL
Total contract amount: NTE $35,000.00
Points of Contact
Solana Center for Environmental Innovation
Program Lead: Mallika Sen, [email protected]. 760.436.4986 x724 Contracts Manager: Kayleigh Dearstyne-Hulin, [email protected], 760.436.4986 x716 City of Del Mar
Assistant City Manager: Clement Brown, [email protected]. 858.375.9524 Special Projects & Programs Manager: Michael Luna, [email protected], 858.704.3632 This work will be executed and delivered in the manner prescribed by this Agreement.
Executive Director
Solana Center for Environmental Innovation
Date Signed
Solana Center for Environmental Innovation
Ashley Jones
City Manager
City of Del Mar
Date Signed
5 Attachment A 8 July 8, 2024 Item 13
1780262.3
Table 2
Not-To-Exceed Unit Costs for SB 1383 Compliance Support Services Available to Cities SB 1383 AMENDMENT 6 PRICING - SOLANA CENTER FOR ENVIRONMENTAL INNOVATION Task Units FY24 Cost/Unit FY25
Cost/Unit
Education & Outreach
1.1.a Offer Webinars* webinar $2,100.00 $2,205.00
1.1.b Develop Customized Webinar Content new topic $5,250.00 $5,512.50
1.2 Develop & Deliver Annual Education/Outreach hourly $105.00 $110.25
1.3 Deliver School Food Management Programs hourly $105.00 $110.25
1.4 Deliver School District Food Recovery Programs hourly $105.00 $110.25
2.1 Provide Abbreviated Technical Assistance business $603.75 $633.94
2.2 Provide Tier 1 Comprehensive Technical Assistance business $1,260.00 $1,323.00
2.3 Provide Comprehensive Tier 2 Technical Assistance business $840.00 $882.00
2.4 Inspect Businesses & Food Recovery Organizations business $603.75 $633.94
2.5 Offer Individualized Business Support hourly $105.00 $110.25
2.6.a Offer Inspector Training - Part 1* training session $3,750.00 $3,937.50
2.6.b Offer Inspector Training - Part 2* training session $2,500.00 $2,625.00
3.1 Update Tier Lists & Capacity Planning hourly $105.00 $110.25
3.2 Plan Food Rescue Additional Capacity hourly $105.00 $110.25
4.1 Train Businesses to Recycle Organics Properly hourly $105.00 $110.25
4.2 Guide Multi-Family Properties to Recycle Organics Properly hourly $105.00 $110.25
5.1 Compile Food Recovery Data for City hourly $105.00 $110.25
5.2 Advise on Procurement hourly $105.00 $110.25
5.3 Support City Enforcement hourly $105.00 $110.25
6.1 Offer As-Needed Consulting hourly $105.00 $110.25
6.2 Invoice & Report Monthly monthly $500.00 $525.00
* The cost of these tasks can be shared across cities
** A set rate per city will be established, based on the reduced hourly rate + federal mileage rate Edible Food Recovery Programming
Organic Waste Recycling
Implementation Services
Program Management
6.3 Drive Time & Mileage Expense** trip
Capacity Planning
$78.75/hr +
standard
mileage rate
$82.69/hr +
standard
mileage rate
Attachment B 9 July 8, 2024 Item 13
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Martin Boyd, Principal Engineer
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: July 8, 2024
SUBJECT: Award of Construction Contract to Teichert Utilities for Utility Undergrounding District 1A – Stratford Court South Project & General Program Update
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council take the following actions:
1) Award a $4,706,395 construction contract to Teichert Utilities (Attachment A) for the Utility Undergrounding District 1A – Stratford Court South Project; 2) Approve a $425,228 Task Order with Utility Specialists Southwest, Inc. for Construction Management and Inspection Services (Attachment B); 3) Approve a $71,513 Task Order with NOVA Services, Inc. for Geotechnical Services (Attachment C);
4) Approve a 10% project contingency of $519,316;
5) Authorize the City Manager to execute the required documents and any contract and Task Order changes, within the project contingency, necessary to complete the work; and
6) Amend the Fiscal Year 2024-2025 Operating and Capital Budget as described in the Fiscal Impact section below.
BACKGROUND:
The City of Del Mar continues to implement the citywide Undergrounding Program (UP), which will remove utility poles and replace overhead cables for electricity and telecommunications with underground lines. A map of the planned citywide Utility Undergrounding Districts (UUDs) is included with this report as Attachment D.
On July 12, 2021, the City Council authorized formation of Utility Undergrounding District (UUD) 1A (Stratford Court South). UUD 1A was identified as the next district after completion of the Tewa Court/10th Street UUD pilot project on February 8, 2023. UUD 1A includes 56 poles and 7,650 linear feet of overhead conversion to 11,165 linear feet of underground trench from 4th Street to 12th Street, including 227 properties and 464 residences. Sixty-four of the homes or buildings require undergrounding of their private 1 July 8, 2024 Item 14
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Award of Construction Contract for UUD 1A – Stratford Court South Project July 8, 2024
service lateral at the expense of the property owner. A map of UUD 1A is included as Attachment E.
DISCUSSION/ANALYSIS:
Award of Construction Contract
In accordance with the City’s Municipal Code and Public Contract Code, the City initiated a competitive public bidding process for the City’s construction activities related to UUD 1A, with publication of a notice inviting bids on March 20, 2024. This was posted to the City’s website, contractor’s notification web platform Bidnet.com, and published in the newspaper.
The City’s undergrounding construction activities are primarily for trenching and installation of conduit and substructures. This includes joint trench excavation, hand digging within proximity of protected trees and parallel existing utilities, exploratory potholes, asphalt resurfacing, concrete driveways and curbs restoration, installation of retaining walls, pedestrian ramp installation, hydroseed, irrigation repairs, traffic control and safety for vehicles and pedestrians, construction staging, storm water pollution prevention and erosion control, and other required construction activities.
Following the bid solicitation process, five sealed bids were received and opened on May 13, 2024. The verified bid amounts are listed below.
Bidder Base Bid Amount Alternate Bid Amount
Bali Construction $8,796,845 $578,810
Blue Pacific Engineering Construction $5,893,155 $817,535 Southern Contracting Company $5,829,897 $374,837
Armstrong Cal Builders $5,130,994 $870,676
Teichert Utilities $4,706,395 $1,017,426
For Reference: Engineer’s Estimate $3,042,741 $410,277
Public Contract Code Section 20162 requires that the City award the contract to the lowest responsive and responsible bidder based on their base bid. Staff evaluated Teichert Utilities’ Bid of $4,706,395 (Attachment F) and determined them to be the lowest responsive and responsible bidder. A discrepancy was found in the overall base bid amount as part of the City’s verification process. As such, the contractor was notified of a reduction to their base bid from $4,717,395 to $4,706,395.
The City’s construction activities are primarily for trenching and installation of conduit and substructures. This includes joint trench excavation, hand digging within proximity of protected trees and parallel existing utilities, exploratory potholes, asphalt resurfacing, concrete driveways and curbs restoration, installation of retaining walls, pedestrian ramp installation, hydroseed, irrigation repairs, traffic control and safety for vehicles and 2 July 8, 2024 Item 14
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Award of Construction Contract for UUD 1A – Stratford Court South Project July 8, 2024
pedestrians, construction staging, storm water pollution prevention and erosion control, and other required construction activities.
Staff included Stratford Court paving as an alternate bid item. However, based on the bids received in comparison to the cost for recent paving work in the City, staff does not recommend awarding the alternate bid to complete the Stratford Court paving as part of UUD 1A. To get the best cost, staff recommends bidding/constructing the Stratford Court paving portion of the project separately to be completed by an asphalt paving contractor after the undergrounding work is complete.
The City has an agreement in place with Utility Specialists Southwest, Inc. for as-needed specialized electrical engineering and consulting services related to implementation of the citywide UP. Staff recommends issuing Utility Specialists Southwest, Inc. a $425,228 Task Order (Attachment B) to provide additional pre-construction services and construction management and inspection services for this project.
The City also has an agreement in place with NOVA Services, Inc. for as-needed geotechnical services. Staff recommends issuing NOVA Services, Inc. a $71,513 Task Order (Attachment C) to provide geotechnical services for this project. The services include any geotechnical observations and laboratory testing required for the joint trench.
The total estimated City construction project expenditures through project completion are $5,722,452 as listed in Table A below. This amount includes the construction contract with Teichert Utilities, Construction Management and Inspection Services provided by Utility Specialists, Geotechnical Services provided by NOVA, and a 10% project contingency for change orders due to unforeseen field conditions, need for specialty inspections, or any other unanticipated costs during construction. The construction contract is primarily for UUD 1A but also includes additional minor planned improvements for Penny Lane and 931 Stratford Court, which are not being funded with Measure Q funds, as discussed further below.
Table A: City Construction Expenditures
Agreements with Utility Companies
Completion of the Undergrounding Project necessitates coordination with the utility companies – San Diego Gas & Electric (SDG&E), AT&T, Charter Communications/Spectrum, and Crown Castle. The design process involved extensive coordination with each of these three companies, and in fact, the work that the contractor AMOUNT
Construction (Teichert Utilities) $4,706,395
Construction Management (Utility Specialists) $425,228
Geotechnical Services (NOVA) $71,513
Project Contingency (10%) $519,316
Total City Construction Costs $5,722,452
3 July 8, 2024 Item 14
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Award of Construction Contract for UUD 1A – Stratford Court South Project July 8, 2024
is doing is to build the Underground Support Structure (USS) for their infrastructure, which includes the underground conduit, as well as concrete pads for placement of their transformers and pedestals.
Following summarizes the status with each of the three entities:
• San Diego Gas & Electric – The California Public Utilities Commission (CPUC) regulates the requirements for electric utilities with regards to their participation in utility undergrounding pursuant to tariff rules, specifically Rule 20. The UUD 1A project is considered eligible for Rule 20B, which means there will be partial credit for the “overhead equivalent value,” estimated to equate to about 20% of the SDG&E cost. The City’s contract with San Diego Gas & Electric (SDG&E) is for actual cost billing for installation of cable & connections, pole removals, service cutovers, and engineering fees. The City is responsible for trenching and installation of conduit and substructures. SDG&E provided the City with an estimate of $3.56 million in March 2024 for costs associated with their work, which are included as Attachment G. The estimate is provided for the City’s financial planning purposes prior to the initial invoice, is based on SDG&E’s latest data, and includes a contingency. SDG&E is proceeding with their bidding process to obtain fixed bids. SDG&E will provide the City with an initial invoice prior to SDG&E’s construction after obtaining fixed bids and then a final reconciliation invoice based on the actual costs after construction is complete. SDG&E has explained that the only expected changes in costs are for change orders due to unforeseen field conditions, need for specialty inspections, or any other unanticipated costs during construction. Staff will return to City Council once SDG&E provides an initial estimate invoice and agreement for UUD 1A. This is expected to occur by the end of year.
• AT&T – As with SDG&E, the California Public Utilities Commission also regulates the requirements of AT&T with regards to their participation in utility undergrounding pursuant to tariff rules (Rule 32). The UUD 1A project is considered eligible for CPUC Rule 32.A.2, which means the City is responsible for providing the Underground Support Structure (USS). Accordingly, AT&T has been paid for the cost of designing and inspecting the USS. To date, the City has paid AT&T $142,560 for these services as part of UUD 1A.
• Charter Communication/Spectrum & Crown Castle – Though Charter Communications/Spectrum (Charter) and Crown Castle do not operate under a specific tariff rule as SDG&E and AT&T do, State laws and policies generally treat cable utilities, such as Charter and Crown Castle, similarly to utilities such as SDG&E and AT&T. Staff continues to work with Charter and Crown Castle consistent with such principles and does not anticipate paying beyond trenching and installation of conduit and substructures.
4 July 8, 2024 Item 14
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Award of Construction Contract for UUD 1A – Stratford Court South Project July 8, 2024
Project Budget Update
The total project cost for UUD 1A is now estimated to be $10.03 million based on the cost increases related to City construction and SDG&E. Attachment H includes a budget summary reflecting the estimated project costs from initial district formation to the current estimate for comparison. The cost estimate now includes a 10% project contingency for change orders due to unforeseen field conditions, need for specialty inspections, or any other unanticipated costs during construction.
The prior total project cost estimate provided on December 4, 2023, was $5.40 million based on costs from the Tewa Court/10th Street UUD, prior to receiving SDG&E’s final reconciliation invoice, and without the 10% project contingency. The cost per linear foot of overhead conversion is now estimated at $1,312, and the cost per linear foot of joint trench is estimated at $899. This includes the cost of required professional services during the design phase in preparation for the bid process, cost for construction, costs paid to the utility companies for their engineering fees and construction work, and the cost for third party construction management services during construction.
The lowest base bid received of $4.71 million is $1.67 million higher than the engineer’s estimate of $3.04 million. The following are some reasons for cost differences between the engineer’s estimate and actual bids received according to the UP consultants and contractor:
• Inflation of 20% since Tewa Court/10th Street UUD bids according to the California Construction Cost Index. The UUD 1A bid is 22% higher than the Tewa Ct/10th St UUD bid on a linear foot of trench basis;
• The project location is difficult for construction and traffic/pedestrian control since it is located within congested streets having several utilities and near the beach; • Hand digging within proximity of protected trees, parallel existing utilities, and for exploratory potholes when crossing existing utilities;
• Shoring for deep trenches when crossing existing utilities; and • Anticipated effort for scheduling and coordination with SDG&E during construction.
SDG&E provided the City with an estimate of $3.56 million in March 2024 for costs associated with their work, which are included as Attachment G. SDG&E’s estimate is significantly greater than the $1 million originally budgeted for UUD 1A, which was based on SDG&E’s initial estimate invoice for Tewa Court/10th Street UUD. However, SDG&E’s final reconciliation invoice brings the cost to $182 per linear foot of trench. Applying this rate to the 11,165 linear feet of trench for UUD 1A brings the estimate cost to $2.03 million. SDG&E’s cost estimate is 77% higher than the Tewa Ct/10th Street UUD final reconciled costs on a linear foot of trench basis. SDG&E’s reasoning for cost increases is due to labor cost increases, inflation, and supply chain challenges. It is important to note that the City does not have control over SDG&E’s design process and costs.
The project also includes $85,630 in costs associated with General Fund projects at Penny Lane and 931 Stratford Court. The Penny Lane project includes minor grading, curb installation, and installation of a percolating catch basin with overflow to control 5 July 8, 2024 Item 14
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Award of Construction Contract for UUD 1A – Stratford Court South Project July 8, 2024
nuisance runoff from City Hall site development. The City collected development in-lieu funds to construct a concrete curb at 931 Stratford Court. These minor projects were designed and included for construction alongside UUD 1A due to their close proximity, facilitating concurrent construction. Funding was previously allocated as part of the Fiscal Year 2023-2024 Operating and Capital Budget and a development in-lieu payment from 931 Stratford Court. The funding for these minor improvement will come from the General Fund, and will have no impact on the Measure Q fund.
General Undergrounding Program Update & Next Steps
Pending City Council approval, the UUD 1A project will begin in July/August 2024 after the City’s construct contract is executed, a Notice to Proceed is issued, and SDG&E has assigned an inspector. SDG&E will return to the City with an agreement and initial invoice for their work once they obtain fixed bids, which they anticipate to occur by the end of the calendar year. The project duration for City construction is estimated to be 220 calendar days and completion is expected in March 2025. Following the phased City contractor’s work, the homeowners will be required to install their portion of the service laterals and upgrade electrical panels, as necessary, including obtaining SDG&E and City inspector approvals. Extensive coordination has already occurred with residents, and they will have approximately two months to complete their work to connect to the handholes. Wire pull by the utility companies and pole removal will be completed after all homeowners have completed lateral installations. Overall, the homeowner installations and utility agency work are anticipated to take approximately five months following completion of the contractor’s work per phase with completion expected in August 2025. However, the schedule for wire pulls and pole removals has yet to be confirmed by the companies.
Once the utility companies schedule is determined, staff will bring to the City Council a final public hearing and adoption of a resolution declaring the date by which all overhead utilities must be removed, as required per Del Mar Municipal Code 23.54.
With regard to UUD X1A, the project is nearing completion of the design phase. Design phase activities include surveying existing conditions, utility company designs, city civil engineering design, homeowner service lateral design coordination, easement coordination/recordation, and environmental evaluation. The City’s undergrounding consultants are finalizing the civil engineering design and environmental studies. The City Council meeting for the pre-bid process is currently anticipated for September 2024, followed by the public bidding process, and City Council consideration of construction contract award is tentatively planned for November 2024. However, the bidding and construction phase are contingent upon receiving all necessary easements. The City will have to consider options and secure the necessary financing for this project prior to commencing construction, the process for which is further discussed below.
On June 3, 2024, staff provided a general Undergrounding Program update to the City Council, which included updated information and highlighted concerns regarding increases to City construction and SDG&E costs. Since that time, the City’s Undergrounding Program Advisory Committee (UPAC) met on June 13, 2024, and the 6 July 8, 2024 Item 14
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Award of Construction Contract for UUD 1A – Stratford Court South Project July 8, 2024
Financing Subcommittee was convened by staff on June 25 and July 2, 2024, to discuss updated Undergrounding cash flow modeling, follow up communications with SDG&E seeking information and clarification on their costs and factors used to determine those costs, and consider opportunities to reduce project costs. As part of this effort, a letter to SDG&E formally requesting more detailed information is currently being developed by staff in coordination with the UPAC subcommittee. The UPAC Financing Subcommittee will continue to meet frequently in the coming months, with the goal of assisting staff with developing recommendations for UPAC and Council consideration related to project financing and timing.
Staff have also undertaken a process to solicit proposals from qualified firms to provide financial consulting services to assist staff with evaluating revenues and expenditures, project timing, and program financing options. As part of a separate agenda item, Council is being asked to approve an agreement for these services, which would begin immediately if approved. The goal is to complete this work and return to Council with a recommendation on how to proceed in the fall, following consideration by UPAC.
In the meantime, staff is continuing to proceed with the Council authorized work on UUDs 1A, X1A, 1B, 2, and 3. UUD 1A is entering the construction phase, UUD X1A is nearing completion of the design phase, UUD 1B is in the SDG&E preliminary design phase, UUD 2 is nearing district formation, and UUD 3 is in the pre-formation phase. Staff provided a detailed undergrounding program update on June 3, 2024, which can be found online at:
https://www.delmar.ca.us/agendacenter.
FISCAL IMPACT:
The total fiscal impact of the recommended action as described in this report is $5,722,452. Included in the Fiscal Year 2023-24 and 2024-25 Capital Budget is $4.6 million for this project. Approval of this item will require amending the Fiscal Year 2024- 25 Capital Budget in the amount of $1,119,200 as follows:
Staff will return to City Council for an additional funding request necessary for the SDG&E costs once an initial invoice is received. SDG&E currently estimates their costs at $3,585,756.
ENVIRONMENTAL IMPACT:
Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15302(d) (Class 2) in that the project includes the undergrounding of public utilities where the surface will be restored to the existing condition, and CEQA Guidelines
PROJECT FUND ACCOUNT AMOUNT
UUD 1A – Stratford Court South Measure Q 02.7000.7202 $1,067,700 Penny Lane Improvement and 931
Stratford Court Curb General 55.7000.7032 $51,500
Total Funding $1,119,200
7 July 8, 2024 Item 14
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Award of Construction Contract for UUD 1A – Stratford Court South Project July 8, 2024
Section 15304 (Class 4) in that any grading required to provide access to utilities constitutes a minor alteration in the condition of the land. The proposed project has been designed based on recommendations in an Arborist’s Report titled “City of Del Mar Assessment of Torrey Pines” prepared by West Coast Arborists dated June 3, 2021 to avoid impacts and/or the removal of healthy, mature, scenic trees as a result of the proposed activities (report is on-file with the City of Del Mar, 1050 Camino del Mar, Del Mar, CA 92014). It has been further been determined that none of the six exceptions to the use of a categorical exemption would apply to this project (CEQA Guidelines Section 15300.2) and the project has been designed to avoid sensitive environmental resources.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Utility Undergrounding is listed as a Tier 1 City Council priority for FYs 2023-2024 and 2024-2025.
ATTACHMENTS:
Attachment A - Contract with Teichert Utilities for the Stratford Court South Conversion (UUD 1A) Project
Attachment B - Utility Specialists Southwest, Inc. Task Order for Construction Management and Support
• Exhibit A to Attachment B – UUD 1A Construction Support Services Scope of Work
Attachment C - NOVA Services, Inc. Task Order for Geotechnical Service • Exhibit A to Attachment C – UUD 1A Geotechnical Services Scope of Work
Attachment D - UP Citywide Map
Attachment E - UUD 1A Stratford Court South Map
Attachment F - Teichert Utilities’ Bid
Attachment G - SDG&E UUD 1A Cost Estimate
Attachment H - UUD 1A Project Budget
8 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
This Construction Contract (“Contract”) is made and entered into by and between the City of Del Mar, a municipal corporation, hereinafter referred to as the "City," and Teichert Utilities hereinafter referred to as the “Contractor” (collectively “Parties”).
RECITALS
WHEREAS, the City requires a general contractor to construct a Public Works project generally described as the Stratford Court South Conversion (UUD 1A) Project hereinafter referred to as the “Project.”
WHEREAS, the Contractor represents itself as possessing the necessary skills and qualifications to construct the Project required by the City and possesses the required contractor’s license of the appropriate classifications.
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, and in consideration of the payments and agreements hereinafter mentioned, the Parties agree as follows:
1. CONTRACTOR'S OBLIGATIONS.
1.1 Contractor shall perform the scope of work shown in the Attachment “A” hereinafter referred to as the “Work”, as such term is defined by the Standard Specifications for Public Works Construction, latest version (GREENBOOK).
1.2 The Contractor agrees, at the Contractor's own proper cost and expense, to do all the Work and furnish all the materials, except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete the Work in a good, workmanlike and substantial manner and to the satisfaction of the City.
1.3 Said Work shall be performed in accordance with the Contract Specifications, Drawings, and Provisions annexed hereto; and in connection with the Reference Standards below:
Standard Edition
Standard Specifications for Public Works Construction
(“The GREENBOOK”)
2021
San Diego Regional Standard Drawings 2022
1.4 The Contractor shall maintain throughout the full term of this Contract all professional certifications and licenses required in order to comply with all City, State, and Federal laws in the performance of this Contract.
1.5 The Contractor shall pay wages to the Contractor's employees according to the current "General Prevailing Wage Rates" issued by the Department of Industrial Relations of the State of California. Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor, from Director of the Department of Industrial Relations.
ATTACHMENT A 9 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
These rates are available online with the California Department of Industrial Relations (www.dir.ca.gov). The Contractor shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum. The Contractor shall comply with the provisions of Sections 1725.5, 1771, 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, 1813, and 1815 of the Labor Code.
1.6 The Contractor shall register with the Department of Industrial Relations (DIR) in accordance with California Labor Code sections 1771.1 and 1725.5 and the Contractor shall be subject to compliance monitoring and enforcement by DIR in accordance with California Labor Code section 1771.4.
1.7 Pursuant to and subject to the provisions of Section 1775 of the Labor Code, Contractor shall forfeit to City, as a penalty, the sum of up to two-hundred dollars ($200) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any Work done under this Contract, by it or by any subcontractor under it, in violation of the provisions of the Contract.
2. SECURITY FOR CONTRACTOR'S PROMISE TO PERFORM.
2.1 For contracts above $25,000, the Contractor shall post and maintain during the full term of this Contract security for Contractor's promise to perform this Contract in the following forms and amounts:
A. The amount of the performance security shall be 100% of bid amount.
B. The form of the security shall be one of the following:
1. Cash;
2. Cashier's check made payable to the City;
3. A certified check made payable to the City;
4. A bond, executed by an approved surety insurer using the Performance Bond form found herein or a substitute form acceptable to and approved by the City, made payable to the City; or
5. The Contractor may elect to deposit securities of a value equivalent to the amount of the performance security in accordance with the provisions of section 22300 of the Public Contract Code. The City will make the final determination as to the value of the posted securities.
2.2 The City shall retain five percent (5%) of each payment due the Contractor under this Contract until completion and acceptance of the Project. The Contractor may elect to deposit securities of a value equivalent to the retention in accordance with the provisions of Section 22300 of the Public Contract Code and thereby become entitled to receive one hundred percent (100%) of the payments, without retention. The City will make the final determination as to the value of the posted securities. The amount of retention withheld may be reduced, or a portion of withheld retention may be returned, at the sole discretion of the City.
2.3 For contract amounts above $25,000, the Contractor shall file a payment bond using the Payment Bond form found herein or a substitute form acceptable to ATTACHMENT A 10 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
and approved by the City, in the amount of 100% of bid amount, with and subject to the approval of the Director of Public Works in accordance with Civil Code section 3247.
3. CONTRACT AMOUNT AND SCHEDULE.
3.1 The City agrees to pay and the Contractor agrees to receive and accept the prices set forth in the Bid Schedule attached hereto as Attachment B and incorporated by reference as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
3.2 Contractor agrees to complete the Work on Stratford Court South Conversion (UUD 1A) in a time period not to exceed two hundred twenty (220) calendar days per Section 6-3 of the Standard Specifications for Public Works Construction (GREENBOOK), commencing upon the date stated in the Notice to Proceed issued by the City. Construction shall not commence until the City has approved bonds and insurance.
4. TERMINATION OF CONTRACT.
In the event of the Contractor's failure to prosecute, deliver, or perform the Work as provided for in this Contract, the City may terminate this Contract by notifying the Contractor by certified mail of said termination.
5. STATUS OF THE CONTRACTOR.
The Contractor shall perform the services provided for herein in a manner of Contractor's own choice, as an independent Contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project. However, Contractor shall confer with the City as required to perform this Contract.
6. SUBCONTRACTING.
The Contractor’s ability to subcontract is limited by and must comply with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code sections 4100 et seq. If the Contractor subcontracts any of the Work to be performed under this Contract, the Contractor shall be as fully responsible to the City for the acts and omissions of the Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the ATTACHMENT A 11 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
Contract shall create any contractual relations between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor by the terms of the Contract applicable to Contractor's Work unless specifically noted to the contrary in the subcontract in question approved in writing by the City.
7. ASSIGNMENT OF CONTRACT.
The Contractor has no authority or right to assign this Contract or any part thereof or any monies due thereunder to any other party without first obtaining the prior written consent of the City.
8. VERBAL AGREEMENT OR CONVERSATION.
No verbal agreement or conversation with any officer, agent or employee of the City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle the Contractor to any additional payment whatsoever under the terms of this Contract.
9. DISPUTES.
9.1 If a dispute should arise regarding the performance of this Contract, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the Contract, shall be reduced to writing by the complaining party.
A copy of such documented dispute shall be forwarded to the other party involved along with recommended methods of resolution which would be of benefit to both parties. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter.
9.2 If the dispute is not resolved, the aggrieved party shall send a letter outlining the dispute to the City to be resolved.
9.3 If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them at law.
9.4 Pursuant to Public Contract Code Sections 20104 and 9204, a claim by the Contractor for a time extension; payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or an amount the payment of which is disputed by the City, shall be dealt with as follows:
A. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims.
B. For all claims, pursuant to Public Contract Code Sections 20104 and 9204:
ATTACHMENT A 12 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
1. City shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. City shall identify the disputed and undisputed portion(s) of the claim in the written response. If City fails to issue a written statement, the claim is rejected in its entirety.
2. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant.
3. The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
4. Pursuant to Public Contract Code section 9204, any payment on any undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement.
C. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen (15) days of receipt of the City's response or within fifteen (15) days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand sent by registered or certified mail, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days after the meet and confer conference, City shall prepare a written statement describing portions of the claim in dispute and the portions of the claim that are disputed.
Mediation Prerequisite: If following the meet and conference the claim or any portion remains in dispute, the parties agree that as a condition precedent to the initiation of litigation, the parties shall submit to non-binding mediation. The parties shall mutually agree to a mediator within ten (10) business days after the City’s response following the meet and confer conference. The parties shall make reasonable attempts to mediate within thirty (30) days of the meet and confer conference. Mediation shall be subject to the following rules:
1. The mediation process shall be administered by a neutral organization agreed to by the parties and shall be confidential subject to Evidence Code Sections 1115 –1128 and 1152.
2. The costs for mediation will be shared equally by all parties. The expenses of witnesses shall be paid by the party producing such witnesses.
3. A single mediator shall be selected to mediate the dispute. At least ten (10) days before a scheduled session, each party shall provide the mediator a brief memorandum setting forth its position about the issues that need to be resolved. The brief shall be mutually exchanged between the parties. At the mediation session, the parties will be expected to produce required information for the mediator to understand and evaluate the issues presented.
ATTACHMENT A 13 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
4. The mediation process shall be considered terminated when: (1) in the mediator’s judgment, further efforts at mediation would not contribute to a resolution of the dispute between the parties; or, (2) by the execution of Settlement Agreement, which may be used as the basis for change order or other directive as appropriate; or, (3) written declaration of a party that it will no longer participate in further mediation proceedings.
D. If mediation is unsuccessful, as a prerequisite to filing suit, the Contractor must file a claim pursuant to Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the period of time within which a claim must be filed shall begin from the time the claimant submits his or her written claim pursuant to subsection A until the time the claim is denied, including any period of time utilized by the meet and confer conference.
A civil action filed to resolve a claim subject to Section 9.4 of this Contract shall be subject to the provisions of Public Contract Code Sections 20104.4 and 20104.6.
10. HOLD HARMLESS.
10.1 To the fullest extent of the law, the Contractor agrees to indemnify and hold the City; the City's officers, officials, employees and agents; the Engineer; and the Engineer’s officers, officials, employees, agents, and each and every individual property owner where the Work is to be performed (together, the “City Indemnified Parties”), harmless from, and against any and all liabilities, claims, demands, causes of action, losses, suit damage, expenses and costs, including all costs of defense, expense costs and investigation expenses thereof, arising out of, or in any manner connected directly or indirectly to the acts, omissions or performance of Work by the Contractor or Contractor’s agents, employees, subcontractors, officials, officers or representatives. Upon demand, Contractor shall, at its own expense, defend the City Indemnified Parties from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs, regardless of whether or not such a claim, loss or liability is caused in part by a party indemnified hereunder. However, any obligations to indemnified the City and its indemnified parties shall not apply where such liability or claims are a result of willful misconduct or active negligence as determined by a court of competent jurisdiction.
10.2 By inspecting, approving or accepting the improvements, City shall not have waived the protections afforded herein to the City Indemnified Parties or diminished the obligation of Contractor, who shall remain obligated in the same degree to indemnify and hold the City Indemnified Parties harmless as provided above.
10.3 Contractor's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the City Indemnified Parties’ sole active negligence or willful misconduct.
ATTACHMENT A 14 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
11. RESPONSIBILITY FOR DAMAGE.
11.1 The Contractor shall obtain and maintain in full force and effect during the life of the Contract, contractual liability insurance for bodily injury liability and property damage liability assumed by the Contractor of all claims and lawsuits against the Contractor and his/her subcontractors arising out of or in connection with the Work to be performed. Such insurance as is afforded by the policy to the Contractor for Contractual Property Damage Liability Insurance shall include coverage for property damage caused by the Work, blasting, collapse, structural injuries or damage to underground utilities. The policy shall not contain the socalled "x" "c" "u" exclusions and the Certificate of Insurance shall include each individual homeowner as indicated by the City prior to the commencement of the Work.
11.2 The Contractor shall maintain the following coverage:
A. Workers’ Compensation insurance with benefits afforded under the laws of any state in which the work is to be performed and Employers Liability insurance with limits of at least:
$500,000 for Bodily Injury – each accident
$500,000 for Bodily Injury by disease – policy limits
$500,000 for Bodily Injury by disease – each employee
To the fullest extent allowable by Law, the policy must include a waiver of subrogation in favor of the City, SDG&E, AT&T, and Spectrum, their affiliates, and their directors, officers and employees.
In states where Workers’ Compensation insurance is a monopolistic state-run system, Applicant shall add Stop Gap Employers Liability with limits not less than $500,000 each accident or disease.
B. Commercial General Liability insurance written on Insurance Services Office (ISO) Form CG 00 01 12 04 or a substitute form providing equivalent coverage, covering liability arising from premises, operations, personal injury, products/completed operations, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with limits of at least:
$2,000,000 General Aggregate limit;
$1,000,000 each occurrence limit for all bodily injury or property damage incurred in any one (1) occurrence;
$1,000,000 each occurrence limit for Personal Injury and Advertising Injury;
$2,000,000 Products/Completed Operations Aggregate limit; $1,000,000 each occurrence limit for Products/Completed Operations; $1,000,000 Damage to Premises Rented to You (Fire Legal Liability).
ATTACHMENT A 15 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
The Commercial General Liability insurance policy must:
1. Include the City, SDG&E, AT&T, and Spectrum, their affiliates, and their directors, officers, consultants, and employees as Additional Insureds.
Applicant shall provide a copy of the Additional Insured endorsement to the City. The Additional Insured endorsement may be “blanket” or “automatic” addressing any person or entity as required by contract. A copy of the Additional Insured endorsement must be provided prior to starting the work of this Agreement and within 60 days of each Commercial General Liability policy renewal;
2. Include a waiver of subrogation in favor of the City, SDG&E, AT&T, and Spectrum, their affiliates, and their directors, officers and employees; and
3. Be primary and non-contributory with respect to any insurance or selfinsurance that is maintained by the City, SDG&E, AT&T, and Spectrum.
C. Business Automobile Liability insurance with vehicle liability and property damage insurance limits in the amount of not less than $2,000,000 for one person injured in one accident, and not less than $2,000,000 for two or more persons injured in any one accident, and not less than $2,000,000 with respect to any property damage involved and public general liability insurance in the amount of not less than $2,000,000 each occurrence or in the aggregate.
D. Umbrella/Excess Liability insurance with limits of at least $1,000,000 each occurrence with terms and conditions at least as broad as the underlying Commercial General Liability, Business Auto Liability, and Employers Liability policies. Umbrella/Excess Liability limits will be primary and non-contributory with respect to any insurance or self-insurance that is maintained by the City, SDG&E, AT&T, and Spectrum.
11.3 Evidence of insurance including Commercial General Liability, Workers’ Compensation, and Automobile Liability in compliance with the above requirements shall be furnished to the City by Certificate of Insurance. Such Certificate of Insurance shall be furnished prior to the commencement of Work under the Contract, prior to expiration of any insurance policy required in this Section, and for any coverage maintained in a “claims-made” policy for two (2) years following the term of this Agreement or completion of all work associated with this Agreement, whichever is later. The insurance policy shall provide that the policy shall remain in force during the life of this Contract and with respect to any coverage maintained in a “claims-made” policy for two (2) years following the term of this Agreement or completion of all work associated with this Agreement, whichever is later. If a “claims-made” policy is maintained, the retroactive date must precede the commencement of work under this Agreement. The insurance ATTACHMENT A 16 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
policy shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to City from the insurance company.
11.4 Such insurance shall be issued by a company or companies approved by the City, licensed and listed with "Insurance Organizations Authorized by the Insurance Commissioner to Transact the Business of Insurance in the State of California," and shall have a rating of A- or better and a Financial Size Category of “VII” or better, as rated in the A.M. Best Key Rating Guide for Property and Casualty Insurance Companies, except that, in the case of Workers’ Compensation insurance, Applicant may procure insurance from the state fund of the state where work is to be performed.
11.5 Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude the City from taking such other actions as is available to it under any other provision of this Contract or otherwise in law.
11.6 The Contractor shall arrange for the policies to be so conditioned as to cover the performance of any changes or extra Work which may be required under the Contract.
11.7 The costs of this insurance shall be considered as included in the prices paid for the various Contract items of Work and no additional compensation will be allowed, therefore.
11.8 The Contractor shall either: (1) require each of its subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified, or (2) insure the activities of its subcontractors in its own policy in like amount.
11.9 The Contractor's policies shall contain an Additional Insured Endorsement naming as additional insured the City, SDG&E, AT&T, homeowners along the utility easement, and Spectrum, and their officers, consultants, agents, and employees while on the Project and acting within the scope of their duties. For any claims related to the Project, Contractor’s insurance coverage shall be primary insurance as respects City, SDG&E, AT&T, and Spectrum, and their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, SDG&E, AT&T, and Spectrum, and their officers, officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
11.10 Prior to commencement of Work under this Contract, the Contractor shall furnish endorsements from each of the insurance companies.
11.11 The Contractor shall reimburse the City and the Engineer for all costs and expenses, including attorney's fees, incurred by said City and the Engineer, in enforcing the provisions of Section 11.0 of this Contract.
ATTACHMENT A 17 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
12. NOTICES.
Any notices to be given under this Contract, or otherwise, shall be served by certified mail and addressed and delivered as listed below:
City of Del Mar Teichert Utilities
Attn: City Clerk Attn: Steven Reiser, Area Manager
1050 Camino del Mar 3780 Kilroy Airport Way, Suite 700
Del Mar, CA 92014 Long Beach, CA 90806
[email protected] [email protected]
13. LIQUIDATED DAMAGES; EXTENSION OF TIME.
In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of seven hundred dollars ($700.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to paragraph 3 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of CONTRACTOR, including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay.
14. PERFORMANCE.
The City hereby promises and agrees with the Contractor to employ, and does hereby employ the Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, and in the manner and upon the conditions hereinafter set forth, and the City and the Contractor for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.
15. CONTRACT AUTHORITY OVER PROPOSAL.
It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the Bid or Proposal of the Contractor, then this instrument shall control, and nothing herein shall be considered as an acceptance of the said terms of said Proposal conflicting herewith.
16. CONTRACT DOCUMENTS.
The Contract consists of the following documents, all of which are component parts of the Contract as if herein set out in full, or attached hereto:
1. Notice Inviting Bid(s)
2. Information and Instructions for Bidders
3. Proposal
4. Contract
5. Worker's Compensation Certificate
6. Performance Bond
ATTACHMENT A 18 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
7. Payment Bond
8. Modifications to the Standard Specifications: General Provisions, Special Provisions, Construction Methods, and Technical Provisions
9. Plans & Standard Drawings, Approved Submittals, Exhibits, and Site Photos
10. Addenda and approved Change Orders
All the above-named Contract Documents are intended to be complementary. The Work required by one of the above-named documents and not by others shall be performed as if required by all. Any conflicts in terms or requirements of any of the Contract Documents shall be determined by the order of precedence set forth in the GREENBOOK.
17. ATTACHMENTS.
The following Contract Documents are attached hereto:
A. Scope of Work
B. Proposal/Bid Schedule/Schedule of Values
C. Worker's Compensation Certificate
D. Performance Bond
E. Payment Bond
18. NON-DISCRIMINATION.
Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
19. CALIFORNIA LAW; VENUE/MISCELLANEOUS.
This Contract shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Contractt shall be brought in the County of San Diego, California. Contractor hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION AND CONTROL ACT OF 1986.
Contractor certifies that Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will ATTACHMENT A 19 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract.
21. NO WAIVER.
No failure of either the City or the Contractor t to insist upon the strict performance by the other of any covenant, term or condition of this Contract, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Contract shall constitute a waiver of any such breach of such covenant, term or condition.
22. SEVERABILITY.
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
23. CONFLICTS BETWEEN TERMS.
If an apparent conflict or inconsistency exists between the main body of this Contract and the Exhibits, the main body of this Contract shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Contract, the law, rule, regulation, order, or code shall control.
Varying degrees of stringency among the main body of this Contracts, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Contract.
24. SIGNING AUTHORITY.
The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON THE FOLLOWING PAGE]
ATTACHMENT A 20 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
IN WITNESS WHEREOF, the Parties hereto have executed this Contract, which will be effective as of the date of the City’s execution of the Contract listed below.
CITY OF DEL MAR, Teichert Utilities,
a municipal corporation a California corporation
By: By:
Ashley Jones, City Manager Steven Reiser, Area Manager
Date: Date:
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
ATTACHMENT A 21 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
ATTACHMENT A – SCOPE OF WORK
Contractor shall refer to Stratford Court South Conversion (UUD 1A) Project Specifications and Drawings for the description of the scope of work to be performed.
ATTACHMENT A 22 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
ATTACHMENT B –BID SCHEDULE
BID SCHEDULE "A" (BASE BID)
NO DESCRIPTION OF WORK QTY UNIT UNIT
COST
TOTAL
COST
GENERAL
1 MOBILIZATION/DEMOBILIZATION 1 LS
$85,000.00 $85,000.00
2 TRAFFIC CONTROL PLANS, INSTALL
AND MAINTAIN TRAFFIC CONTROL
1 LS
$107,000.00 $107,000.00
3 CONSTRUCTION STAGING 1 LS
$95,000.00 $95,000.00
4 STORM WATER POLLUTION PREVENTION
AND EROSION CONTROL BMP'S
1 LS
$32,000.00 $32,000.00
5 POTHOLING 1 LS
$156,000.00 $156,000.00
6 CONSTRUCTION SURVEY AND SURVEY
MONUMENT PRESERVATION
1 LS
$28,000.00 $28,000.00
7 TREE PROTECTION FENCING AND SIGNAGE 1 LS
$15,700.00 $15,700.00
8 AS-BUILT DRAWINGS 1 LS
$5,700.00 $5,700.00
9 CLEARING AND GRUBBING AND DEMOLITION 1 LS
$10,800.00 $10,800.00
10 REMOVE, SALVAGE, AND REINSTALL PARKING
SIGN
1 LS
$7,700.00 $7,700.00
DRY UTILITY
11 EXCAVATE TO LOCATE AND INTERCEPT EXISTING
CONDUITS
1 LS
$288,000.00 $288,000.00
12 JOINT TRENCH EXCAVATION 1 LS
$1,232,000.00 $1,232,000.00
13 INSTALL DB 2" CONDUITS 1 LS
$87,000.00 $87,000.00
ATTACHMENT A 23 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
NO DESCRIPTION OF WORK QTY UNIT UNIT
COST
TOTAL
COST
14 INSTALL DB 3" CONDUITS 1 LS
$154,000.00 $154,000.00
15 INSTALL DB 4" CONDUITS 1 LS
$129,000.00 $129,000.00
16 INSTALL DB 5" CONDUITS 1 LS
$74,000.00 $74,000.00
17 INSTALL 3309 HANDHOLES 2 EA
$4,300.00 $8,600.00
18 INSTALL 3312 HANDHOLES 1 EA
$5,600.00 $5,600.00
19 INSTALL 3313 HANDHOLES 16 EA
$4,000.00 $64,000.00
20 INSTALL 3314 HANDHOLES 1 EA
$8,700.00 $8,700.00
21 INSTALL 3315 HANDHOLES 7 EA
$15,000.00 $105,000.00
22 INSTALL 3316 HANDHOLES 1 EA
$16,000.00 $16,000.00
23 CONSTRUCT 3421 TRANSFORMER PADS 19 EA
$1,370.00 $26,030.00
24 CONSTRUCT 3416 TERMINATOR PADS 1 EA
$4,400.00 $4,400.00
25 CONSTRUCT 3 PHASE FUSE CABINET PADS 2 EA
$2,200.00 $4,400.00
26 INSTALL 2" AT&T CONDUIT 1 LS
$94,000.00 $94,000.00
27 INSTALL 4" AT&T TYPE C RIGID CONDUIT 1 LS
$150,000.00 $150,000.00
28 INSTALL 2'X3' AT&T HANDHOLES 17 EA
$1,800.00 $30,600.00
29 INSTALL 2'X3'X3' AT&T HANDHOLE TRAFFIC RATED 19 EA
$2,300.00 $43,700.00
30 INSTALL 30" x 48" AT&T HANDHOLE 2 EA
$4,000.00 $8,000.00
31 INSTALL 30" x 48" AT&T HANDHOLE TRAFFIC RATED
WITH 2-ROD TGB
5 EA
$3,200.00 $16,000.00
32 INSTALL 30" x 48" AT&T HANDHOLE TRAFFIC RATED
WITH 3-ROD TGB
3 EA
$4,600.00 $13,800.00
33 INSTALL 3' x 5' x 4' AT&T HANDHOLE 1 EA
$6,300.00 $6,300.00
34 3' x 5' AT&T HANDHOLE WITH 2-ROD TGB 1 EA
$6,200.00 $6,200.00
35 EXCAVATE 4' x 4' x 4' PIT TO LOCATE AND
INTERCEPT EXISTING CONDUITS
1 LS
$197,000.00 $197,000.00
ATTACHMENT A 24 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
NO DESCRIPTION OF WORK QTY UNIT UNIT
COST
TOTAL
COST
36 INSTALL TELECOM LATERAL TRENCH AT WINSTON
SCHOOL
1 LS
$7,400.00 $7,400.00
37 CHARTER ONLY TRENCH EXCAVATION AT WEST
END OF MELANIE WAY
1 LS
$7,300.00 $7,300.00
38 INSTALL 1" CHARTER CONDUIT 1 LS
$70,000.00 $70,000.00
39 INSTALL 2" CHARTER CONDUIT 1 LS
$169,000.00 $169,000.00
40 INSTALL 3" CHARTER CONDUIT 1 LS
$94,000.00 $94,000.00
41 INSTALL CHARTER 9" X 20" PEDESTALS (EXCLUDES
MATERIAL FURNISHED BY OTHERS)
4 EA
$495.00 $1,980.00
42 INSTALL CHARTER 12" X 12" PEDESTALS
(EXCLUDES MATERIAL FURNISHED BY OTHERS)
16 EA
$500.00 $8,000.00
43 INSTALL CHARTER 14" X 20" PEDESTALS
(EXCLUDES MATERIAL FURNISHED BY OTHERS)
14 EA
$565.00 $7,910.00
44 INSTALL CHARTER 2' X 3' VAULTS (EXCLUDES
MATERIAL FURNISHED BY OTHERS)
3 EA
$3,200.00 $9,600.00
45 INSTALL CHARTER 2' X 3' TRAFFIC RATED VAULTS
(EXCLUDES MATERIAL FURNISHED BY OTHERS)
11 EA
$1,900.00 $20,900.00
46 INSTALL 17"X30" CHARTER VAULTS (EXCLUDES
MATERIAL FURNISHED BY OTHERS)
11 EA
$790.00 $8,690.00
47 INSTALL 10" CIRCULAR CHARTER PULLBOXES
(EXCLUDES MATERIAL FURNISHED BY OTHERS)
1 EA
$360.00 $360.00
48 INSTALL 1-1/4" CROWN CASTLE CONDUIT 1 LS
$94,000.00 $94,000.00
49 INSTALL 2" CROWN CASTLE CONDUIT 1 LS
$88,000.00 $88,000.00
50 INSTALL 2X3 MARTIN BRAND 20 K RATED PULL
BOXES WITH "CROWN CASTLE FOC" STAMP
7 EA
$1,600.00 $11,200.00
51 STONE VENEER RETAINING WALLS 987 SF
$105.00 $103,635.00
SURFACE IMPROVEMENTS - GENERAL
52 TRENCH RESURFACING PER SDRSD G-24A AND G24B 1 LS
$400,800.00 $400,800.00
53 REROUTE PRIVATE 6" PVC STORM DRAINPIPE 1 LS
$7,200.00 $7,200.00
54 CONSTRUCT CONCRETE 6" CURB AND GUTTER PER
SDRSD G-02, WITH ASPHALT OVERLAY TO MATCH
EXISTING
130 LF
$55.00 $7,150.00
55 REPLACE IN KIND CONCRETE DRIVEWAYS
(9 LOCATIONS)
885 SF
$52.00 $46,020.00
ATTACHMENT A 25 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
NO DESCRIPTION OF WORK QTY UNIT UNIT
COST
TOTAL
COST
56 REPLACE IN KIND CONCRETE SIDEWALK PER
SDRSD G-07
2,325 SF
$26.00 $60,450.00
57 REMOVE AND REPLACE PEDESTRIAN RAMP
INCLUDING REMOBILIZATION AFTER POLE
REMOVAL (STA 8+72)
1 LS
$51,000.00 $51,000.00
58 RESTRIPING: REPAIR OF PAINT STRIPING
1 LS
$17,400.00 $17,400.00
SURFACE IMPROVEMENTS - PENNY LANE (C-17)
59 DEMOLITION: WOOD RETAINING WALL 1 LS
$1,800.00 $1,800.00
60 GRADING FOR AREA APPURTENANCES AT PENNY
LANE
I LS
$6,700.00 $6,700.00
61 CONSTRUCT 8" CONCRETE CURB PER SDRSD G-1,
WITH ASPHALT PATCH TO MATCH EXISTING
65 LF
$102.00 $6,630.00
62 CONCRETE RIBBON GUTTER AT PENNY LANE
330 SF
$75.00 $24,750.00
63 2" AC PAVEMENT GRIND AND OVERLAY 545 SF
$7.00 $3,815.00
64 STORM DRAIN HEAD WALL PER SDRSD D-32, TYPE
B
1 EA
$25,000.00 $25,000.00
65 24"x24" INFILTRATION CATCH BASIN 1 EA
$8,700.00 $8,700.00
LANDSCAPING
66 IRRIGATION REPAIRS 1 LS
$9,100.00 $9,100.00
67 HYDROSEED MIX APPLICATION IN ALL DISTURBED
LANDSCAPE AREAS
1 LS
$2,400.00 $2,400.00
68 BOLLARDS, PER SDRSD WM-04 15 EA
$685.00 $10,275.00
BASE BID SCHEDULE "A" TOTAL $4,706,395.00
BID SCHEDULE "A" (BASE BID)
Bid Items (SCHEDULE A) in Numbers
Bid Items (SCHEDULE A) in Words:
Four Million Seven Hundred Six Thousand Three Hundred Ninety-Five Dollars and ____________________________ zero _________________________________ Cents $4,706,395.00
ATTACHMENT A 26 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
ATTACHMENT C - WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the Labor Code provides in part as follows:
"Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.” I hereby certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
CONTRACTOR'S NAME:
ADDRESS:
BOND NO.:
SIGNATURE:
PRINT NAME/TITLE OF SIGNER:
DATE:
ATTACHMENT A 27 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
BOND NO._____________________
ATTACHMENT D - PERFORMANCE BOND
WHEREAS, the City of Del Mar, a Charter City and municipal Corporation (“City”) on the _____ day of ________, 20___, awarded to Teichert Utilities (“Principal”) a contract for the work described as Stratford Court South Conversion (UUD 1A); and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.
NOW THEREFORE, We, the Principal and _______________________________ duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of ________________ Dollars ($......................) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements, in the said contract and any alteration thereof made as therein provided, on his, her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications.
In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation costs and expenses incurred by City in such suit, including attorney's fees, court costs, expert witness fees and investigation expenses.
ATTACHMENT A 28 July 8, 2024 Item 14
IN WITNESS WHEREOF, identical counterparts of this
instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ________, 20___.
SURETY PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
By:
(Name)
(Title)
Signature of Attorney-in-Fact
NOTE: (a) Signature of those executing for Surety must be properly acknowledged. (b) The Attorney-in-fact must attach a certified copy of the Power of Attorney.
ATTACHMENT A 29 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF )
On, ________________________before me ____,
a notary public in and for said County and State, personally appeared who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to within this instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on this instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT A 30 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
BOND NO.-_____________________
ATTACHMENT E - PAYMENT BOND
WHEREAS, the City of Del Mar, a Charter City and municipal Corporation (hereinafter designated as City), on day of , 20 awarded to _________________________________________________________________ (hereinafter designated as the Principal) a contract for the work described as follows:
STRATFORD COURT SOUTH CONVERSION (UUD 1A)
WHEREAS, said Principal is required by Chapter 5, Title 3, Part 6, Division 4 (including, specifically, Section 9550) of the California Civil Code to furnish a bond in connection with said contract.
NOW THEREFORE, We, the Principal and duly
authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money of the United States, said sum being not less than one hundred percent (100%) of the estimated amount payable by City under the terms of the above-referenced contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, pursuant to Section 9554 of the California Civil Code, if said principal, hers/his/its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the California Revenue and Taxation Code, with respect to such work and labor, the surety or sureties will pay for the same in an amount not exceeding the sum hereinabove specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
This Bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or ATTACHMENT A 31 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond, and that his bond be construed most strongly against the surety and in favor of all persons for whose benefit such bond is given, by reason of any breach of contract between the City and Principal or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the California Civil Code, and has not been paid the full amount of his claim. Surety hereby waives notice of any such change, extension of time, addition, alteration or modification herein mentioned.
This bond is executed by Surety to and shall comply with the provisions of Chapter 5, Title 3, Part 6, Division 4 of the Civil Code and of Chapter 2, Title 14, Part 2 of the Code of Civil Procedure and said bond shall be subject to all of the terms and provisions thereof.
IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the day of , 20 .
SURETY PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
By:
(Name)
(Title)
(Attach required acknowledgements)
_____
Signature of Attorney-In-Fact
ATTACHMENT A 32 July 8, 2024 Item 14
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND TEICHERT UTILITIES
FOR STRATFORD COURT SOUTH CONVERSION (UUD 1A)
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF )
On, ________________________before me ____,
a notary public in and for said County and State, personally appeared who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to within this instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on this instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT A 33 July 8, 2024 Item 14
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us July 8, 2024
Utility Specialists Southwest, Inc. SENT VIA EMAIL
Attn: Duane Stroobosscher
4429 Morena Boulevard
San Diego, CA 92117
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR THE UTILITY UNDERGROUND DISTRICT 1A (STRATFORD COURT SOUTH) – CONSTRUCTION MANAGEMENT AND SUPPORT SERVICES (ACCOUNT 02.7000.7202)
This Task Order (TO) Amendment and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Specialized Electrical Engineering Services Related to Implementation of a Citywide Undergrounding Program Agreement between the City of Del Mar and Utility Specialists Southwest, Inc. (Consultant), the term for which is December 16, 2019, to December 16, 2024. The contract includes an option for the City Council, at its sole discretion, to extend the Agreement for up to two (2) additional five (5) year periods.
Consultant shall execute tasks related to the Utility Underground District 1A (Stratford Court South), as described in the Consultant’s proposal included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $425,228 unless a task order amendment is authorized by the City Manager for extended consulting services. The project schedule shall commence upon execution of this Task Order Amendment/Notice to Proceed, and shall be completed by August 2025, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.
The primary contact for this Task Order and invoicing is Martin Boyd, Principal Engineer, who can be reached at [email protected] and (858) 375-9531. Please sign and return a copy of this Task Order electronically through OneSpan, the City’s electronic document routing program.
Please contact Management Analyst Denise Galvan at [email protected] or (858) 704-3657 with any questions about executing this Task Order amendment.
Approved by: Accepted by:
City of Del Mar Utility Specialists Southwest, Inc.
_____________________________________ _______________________________________ Ashley Jones Date Duane Stroobosscher Date
City Manager Vice President
cc: Joe Bride, Public Works Director
Martin Boyd, Project Manager II
Diana Martinez, Associate Management Analyst
Exhibit A: Utility Specialists Southwest,Inc. - UUD 1A Construction Support Services Scope of Work ATTACHMENT B 34 July 8, 2024 Item 14
Item
# Description US Principal US Sr. PM KCM Sr. PM US Asst PM KCM PM KCM On-site KCM PE KCM PC Fuscoe Total Cost 1 Additional Pre-Construction Services
a Additional Coordination 3.0 4.0 2.0 31.0 6.0 $8,005b Pre-Construction Neighborhood Meeting 0.5 5.0 4.0 2.0 $1,973 Subtotal Additional Pre-Construction Services 3.0 4.0 2.5 0.0 36.0 4.0 8.0 0.0 $0 $9,978 2 Construction Support
a Contract Administration: Change Order review and processing (Based on 12 mos. Construction) 24.0 12.0 48.0 12.0 $16,200 b Construction Administration: Requests for Information (RFI) Mgmt., site observations, weekly meetings (Based on 12 mos.
Construction)* 30.0 60.0 48.0 150.0 30.0 $54,960
*c Construction Administration: Full time presence onsite during City Contractor construction and increased communications with homeowners. 20.0 1568.0 $278,000
d Project status tracking and database updates doing construction (Based on 12 mos. Construction) 48.0 16.0 $9,920 e Project Accounting Support: Verification of invoices, lien release review, prevailing wage (Based on 12 mos. Construction) 48.0 24.0 $10,680 f Budget and Schedule Monitoring (Based on 12 mos. Construction) 12.0 48.0 6.0 $11,310 g Staking/Engineer's Const. Admin. services & RFI responses (Based on 12 mos. Construction) $21,200 $21,200 h Closeout Services: Punchlist development and management, record drawings 4.0 40.0 8.0 $4,500 $12,980 Subtotal Hours During Construction 30.0 108.0 72.0 0.0 382.0 1,568.0 0.0 96.0 $25,700 $415,250 Total Pre-Construction and Construction 33.0 112.0 74.5 0.0 418.0 1,572.0 8.0 96.0 $25,700 Average Hours per Week (based upon 12 month schedule) 0.7 2.3 1.6 0.0 8.7 32.8 0.2 2.0 Rate Per Hour $190 $180 $195 $120 $175 $175 $150 $95
Total Cost During Construction $6,270 $20,160 $14,528 $0 $73,150 $275,100 $1,200 $9,120 $25,700 Subtotal Estimated Cost During Construction
Exclusions
Attendance at Meetings/Hearings not Specifically Included Direct Mail will be a Reimbursable ExpenseNotifications to property owners regarding consequences of refusing to underground GIS Support and GIS ExhibitsParticipation in enforcement actions on homeowners refusing to underground City Resident Engineer InspectionsManagement of private lateral undergrounding excluded – assumes coordination onlyCommunications Subconsultant Support - to be provided by City ConsultantSocial Media Development, Operations - Assume by CityGraphic Design will be a Reimbursable Expense*Includes 7 mo full-time and 5 mo part-time. Weekends excluded. 6/27/2024
City of Del Mar Undergrounding Program - Task Order #02c - District 1A Stratford Ct. Construction Support Services Task Order #02c - District 1A Stratford Ct. Construction Support Services Task Order #02c includes additional services highlighted below from July 2024 through the completion of construction for District 1A, assuming a total of 12 months for construction ending July 2025. $425,228
EXHIBIT A TO ATTACHMENT B
35 July 8, 2024 Item 14
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us July 8, 2024
NOVA Services, Inc. SENT VIA EMAIL
Attn: Danny J. Barnett/Andrew Neuhaus
4373 Viewridge Avenue, Suite B
San Diego, CA 92123
[email protected] / [email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR THE UTILITY UNDERGROUND DISTRICT 1A (STRATFORD COURT SOUTH) – GEOTECHNICAL SERVICES (ACCOUNT 02.7000.7202)
This Task Order (TO) Amendment and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and Barnett Quality Control Services, Inc. dba NOVA Services, Inc. (Consultant), the term for which is November 19, 2022, to November 19, 2025.
Consultant shall execute tasks related to the Utility Underground District 1A (Stratford Court South), as described in the Consultant’s proposal included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $71,513 unless a task order amendment is authorized by the City Manager for extended consulting services. The project schedule shall commence upon execution of this Task Order Amendment/Notice to Proceed, and shall be completed by March 2025, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.
The primary contact for this Task Order and invoicing is Martin Boyd, Principal Engineer, who can be reached at [email protected] and (858) 375-9531. Please sign and return a copy of this Task Order electronically through OneSpan, the City’s electronic document routing program.
Please contact Management Analyst Denise Galvan at [email protected] or (858) 704-3657 with any questions about executing this Task Order amendment.
Approved by: Accepted by:
City of Del Mar NOVA Services, Inc.
_____________________________________ _______________________________________ Ashley Jones Date David J. Barnett Date
City Manager President
cc: Joe Bride, Public Works Director
Martin Boyd, Principal Engineer
Diana Martinez, Associate Management Analyst
Exhibit A: NOVA Services, Inc. - UUD 1A Geotechnical Services Scope of Work ATTACHMENT C 36 July 8, 2024 Item 14
GEOTECHNICAL
MATERIALS
SPECIAL INSPECTION DVBE SBE SDVOSB SLBE
4373 Viewridge Avenue, Suite B
San Diego, CA 92123
P: 858.292.7575
usa-nova.com 944 Calle Amanecer, Suite F
San Clemente, CA 92673
P: 949.388.7710
ESTIMATE OF SERVICES
City of Del Mar March 5, 2024
Martin Boyd
1050 Camino Del Mar
Del Mar, CA 92014
Project: Strafford Court 20B (1A)
Del Mar, CA
Dear Mr. Boyd:
This agreement is between NOVA Services, Inc. herein referenced as (NOVA), and City of Del Mar herein referenced as (Client).
The following is an estimate of the work to be performed and associated fees:
Estimate of Fees
GEOTECHNICAL STAFF AND REPORTS Quantity Per Hour / Each Total Soils Technician, per hour 372 $ 113.30 $ 42,147.60
Nuclear Gauge, per day 93 $ 40.00 $ 3,720.00
Geotechnical Supervisor, per hour 31 $ 125.00 $ 3,875.00 Staff Engineer/Geologist, per hour 18 $ 140.00 $ 2,520.00 Senior Engineer/Geologist, per hour 32 $ 180.00 $ 5,760.00 Principal Geotechnical Engineer, per hour 8 $ 225.00 $ 1,800.00 Subtotal: $ 59,822.60
LABORATORY TESTING Quantity Per Hour/Each Total
Compaction Curve, Modified, 6", each 10 $ 240.00 $ 2,400.00 Percent Asphalt with Gradation 4 $ 180.00 $ 720.00
Sieve Analysis 4 $ 135.00 $ 540.00
Hveem Stability and Unit Weight, each 4 $ 350.00 $ 1,400.00 R-Value, each 4 $ 300.00 $ 1,200.00
$ 6,260.00
$ 66,082.60
Word Processing/Administration, per hour 12 $ 65.00 $ 780.00 Principal Engineer/Geologist, per hour (Report Review/Consultation/Meetings) 12 $ 200.00 $ 2,400.00 Monthly MetaField Reporting, per month 6 $ 375.00 $ 2,250.00 $ 5,430.00
ESTIMATED PROJECT TOTAL: $ 71,512.60
GEOTECHNICAL OBSERVATION AND TESTING
ESTIMATED GEOTECHNICAL OBSERVATION AND TESTING SUBTOTAL:
PROJECT SUPPORT SERVICES
ESTIMATED PROJECT SUPPORT SERVICES SUBTOTAL:
Subtotal:
EXHIBIT A TO ATTACHMENT C 37 July 8, 2024 Item 14
Estimate of Services
Strafford Court 20B (1A)
Del Mar, CA
March 5, 2024
2 This is a time and materials estimate. The total quantities of our services will be directly dependent on the contractor’s schedule. Our services will be billed in accordance with Professional Services Agreements for As-Needed Geotechnical Services, dated November 19, 2022, between the City of Del Mar and NOVA Services, Inc.
NOVA appreciates the opportunity to be of continued service. Should you have any questions regarding this authorization or other matters, please do not hesitate to contact the undersigned at 619.922.6889.
Respectfully submitted,
NOVA Services, Inc.
_______________________
Andrew Neuhaus
Senior Engineering Geologist
EXHIBIT A TO ATTACHMENT C 38 July 8, 2024 Item 14
ATTACHMENT
D
39 July 8, 2024 Item 14
Stratford Ct.
06/15/2021
Utility Undergrounding District 1A (UUD 1A) - Stratford Court South
ATTACHMENT D
Pacific Ln. 611
613
615 639 703 0
709
711
717
715 713
155 157
151 149
143 141
137 135
125 127
119
156
154 152
140
136 134
128 126
120 118
110 111
0 0
832
730
152 151
143
129
123
119
113
818
152
142
134 131
128
120
110
828 157
147
113
0 135
1206 1224 1220 147
1145
151 153
149
1104
143
135
0 119
111
101
0 0
1030
1010
950
922 920910 142
156 154
159 157 158 149 140
134 136
123
116
110
118
106
100
137
125
121
123
119
111
107
101
152
146144
150
136 138
128
120
100
931
111 113
119
129
141
149
106
116 114
120
128
138 134
217 1047 1035219225234 220 1023 1005215931919903 910 944 231233 227 221223 240 236 232 222 Stratford Ct.
Stratford Ct.
Penny Ln.
4th Street
6th Street
7th Street
Camino del Mar
8th Street
Shippley Ln.
9th Street
12th Street
10th Street
201 390 423 427 230 232 234 411 419 220224 415 226 228 210 212214 216 218 404
402
412
410
424 510526 516 425 5171/2 501-517 519 710 531 541 543 159 533 157
151 149
135 132
127
117 118
126
141 144
132
150
158 155
553
551 601
Sherry Ln.
603
Sea Orbit Ln.
Little Orphan Alley
Stratford Ct.
Melanie Wy.
905
LEGEND Description
District Limits
Trench Work Beyond District Limits 11th Street
0 222 142
151
1050
1012
940
151
143
146
921
133
153
820 750
131
115
158
120
133
143
522
141
108
112
128
1/2
117
152
526
B,C,D,E 244 10231/2 227
DEL MAR
CITY HALL 1050 0
129
D-G
www.delmar.ca.us/up
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ATTACHMENT F 62 July 8, 2024 Item 14
March 21, 2024
Martin Boyd
City of Del Mar
1050 Camino Del Mar
Del Mar, CA 92014
RE: City of Del Mar | Rule 20B | District 1A - Stratford Court South | Cost Estimate Thank you for your continued partnership with San Diego Gas & Electric (SDG&E) to underground our overhead electric power lines to help improve community aesthetics and meet our commitment to provide clean, safe and reliable energy to our customers. This responds to your request for an initial cost estimate for the City of Del Mar’s Rule 20 project, Stratford Court South 20B.
Del Mar City Council has established Utility Underground District (UUD) No.1A: West of Camino Del Mar to the coast and from 4th Street to 12th Street. The City has opted to utilize municipal trenching to complete this district and will be responsible for all civil work and all community outreach activities.
Stratford Court South (UUD 1A) is a Rule 20B project and will utilize an Actual Cost Billing Contract, whereby in advance of construction SDG&E will collect from the City an amount equal to the estimated cost of the conversion work computed in accordance with its Filed Rule on “Replacement of Overhead with Underground Facilities”, including engineering fees. The conversion work will be tracked and billed on an actual cost basis, meaning that all costs will be reconciled at completion of the work and SDG&E will bill or refund to the City any differences larger than $100.00.
Please note, SDG&E is providing the following cost estimates for reference purposes only and makes no representations, warranties or promises regarding the accuracy, timeliness, quality or completeness of the estimates. Estimates are based on known, current information and existing circumstances. SDG&E will not be liable for any damages, causes of action or losses arising or claimed to arise out of the use of these estimates.
ATTACHMENT G 63 July 8, 2024 Item 14
District 1A | Stratford Court South
SDG&E Electrical Contractor – Cable & Connections
SDG&E Electrical Contractor – Cable Poles
SDG&E Electrical Contractor – Service Cutovers
$ 2,807,102
$ 601,879
$ 176,775
BILLABLE TOTAL $ 3,585,756
SDG&E Contractor - Overhead Removals (SDG&E Responsibility) $ 1,298,812 NONBILLABLE TOTAL $ 1,298,812
Sincerely,
Allison McEachen
Design & Project Management
Franchise Planning | Proj Planning Supervisor
M 619.372.7734
cc:
Kelli Fitzgerald – SDG&E | Design & Proj Mgmt | Franchise Planning Manager Joe Gabaldon – SDG&E | Regional Public Affairs | Senior Public Affairs Manger Ilario Romano, PMP – SDG&E | Design & Proj Mgmt | Franchise Project Manager ATTACHMENT G 64 July 8, 2024 Item 14
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 Budget as of
7-12-21
Budget as of
10-16-23
Budget as of
12-4-23
Budget as of
7-8-24
Pre-Construction Phase - Professional Services
Utility Specialists - Pre-Construction Services (Includes US, KCM, Fuscoe) $543,900 $576,700 $647,878 $657,856
1. City and Agency Coordination $27,100 $43,370 $43,370 $45,515
2. District 1A Design $423,010 $439,540 $505,352 $505,712
3. Resident Interface and Project Status Tracking $56,160 $56,160 $68,926 $76,399
4. Public Bidding Support $37,630 $37,630 $30,230 $30,230 City Arborist Review $5,000 $5,000 $3,525 $3,525
Additional Pre-Construction Services $7,000 $7,000 $5,000 $4,000 Subtotal for Pre-Construction Professional Services $555,900 $588,700 $656,403 $665,381 Utility Companies - Estimates for City Paid Design and Construction Costs SDG&E
Estimated by Staff based on UUD Tewa. 7-12-21 estimated by Staff per LF of overhead. 7-6-23 & 12-4-23 estimated by Staff per LF of trench. 7-8-24 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. 7-6-23 & 12-4-23 updated based on UUD 1A specific including 15% contingency. 7-8-24 updated to 10% contingency.
$678,632 $180,000 $163,944 $156,816
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 $3,742,572 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. 7-6-23 estimate based on UUD Tewa $344.40/LF of trench. 12-4-23 estimate based on engineer's estimate. 7-8-24 based on actual bid minus additional city construction. $918,000 $3,146,108 $3,049,746 $4,628,550
Utility Specialists Construction Management and Support (12-month construction) 7-12-21 for as needed for duration of construction. 7-6-23 to 7-8-24 for full-time for City construction and as-needed for remainder .
$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 7-8-24 removed as to be done by contractor. $22,080 $22,080 $0 NOVA Geotechnical Services
7-8-24 task order from NOVA $42,455 $33,964 $84,748 $71,513 Subtotal for Construction Phase $1,130,275 $3,625,892 $3,580,314 $5,115,313 Contingency for Construction Phase
10% of Construction Phase Costs $0 $0 $0 $511,531
Total Project Estimate for UUD 1A $3,553,946 $5,353,767 $5,405,511 $10,034,797 Additional City Construction (General Fund)
City's General Contractor for Penny Lane Improvements $70,695 City's General Contractor for 931 Stratford Court Curb $7,150 Contingency for Construction Phase
10% of Construction Phase Costs $7,785
Total Project Estimate for Additional City Construction $85,630 $519,316
$10,120,427
COMBINED CONTINGENCY
COMBINED ESTIMATED TOTAL
ATTACHMENT H 65 July 8, 2024 Item 14
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Mayor Dave Druker and Deputy Mayor Terry Gaasterland DATE: July 8, 2024
SUBJECT: Transient Occupancy Tax Ballot Measure Argument in Favor REQUESTED ACTION/RECOMMENDATION:
It is recommended that the City Council discuss the Transient Occupancy Tax (TOT) Ballot Measure argument in favor and provide direction to the Mayor and Deputy Mayor who will draft the argument in advance of the August 15, 2024, deadline and direct staff to coordinate signatures from Councilmembers who would like to sign as a proponent of the argument.
BACKGROUND:
California local governments may tax transients for the privilege of occupying a room or space in a hotel, tourist home or house, or other lodging when rented for a period of 30 consecutive days or less (California Revenue & Taxation Code § 7280). This type of tax is referred to as a Transient Occupancy Tax, or “TOT,” and is considered a standard practice by local governments.
The intent of TOT is to compensate a local government for the increased public service costs incurred by serving tourists who benefit from the local government’s services and amenities during their stay, including fire, law enforcement and emergency medical services, driving on local roads, and visiting local beaches, parks and libraries. Local governments are able to provide and invest in these services partially through the collection of TOT.
For occupancy in a Del Mar hotel, tourist home, or similar temporary lodging accommodation for a period of 30 consecutive days or less, the City imposes TOT at a rate of 13% of the total rent charged by the operator. Operators are required to collect and remit TOT to the City, which is deposited in the General Fund. Currently, the City only requires TOT from transients in lodging facilities with 3 or more units. This means that when transients visiting Del Mar stay at a hotel, tourist home, or similar accommodation with 3 or more units, they pay a 13% TOT to the City. However, transients who stay in lodging facilities with less than 3 units, including short-term rentals (STRs), are not required to pay TOT to the City.
If the TOT ballot measure (Ballot Measure) is approved, it would also require transients who stay in lodging facilities with less than 3 units, including STRs, to pay TOT to the City. The City has been undergoing a process to develop and adopt STR regulations, which is expected to be complete by December 2024. Per staff analysis presented to the City Council on July 10, 2023, the collection of TOT from STRs is essential to ensure regulating STRs is cost-neutral to the City and follows other established guiding principles related to STRs set by the City Council.
1 July 8, 2024 Item 15
City Council Agenda Report
TOT Ballot Measure – Argument in Favor
July 8, 2024
On June 17, 2024, the City Council adopted Resolution 2024-34 (Attachment A) initiating a TOT ballot measure (Exhibit A to Attachment A) that would amend DMMC Chapter 3.12 to update, clarify and modernize the City’s existing TOT regulations and authorize the collection of TOT from STRs. The City Council also directed the Mayor and Deputy Mayor to draft the ballot argument in favor of the measure and return to Council on July 8, 2024.
However, in researching the election code and past Council practice, it is recommended that the City Council provide general guidance to the Mayor and Deputy Mayor about drafting of the ballot argument prior to the August submittal deadline as further discussed below.
DISCUSSION/ANLAYSIS:
Following the June 17, 2024, the Mayor and Deputy Mayor reviewed the applicable California Elections Code Sections (Attachment B) related to ballot measure arguments.
Based on the timing for submitting the argument, which is not due to the County of San Diego Registrar of Voters (ROV) until August 15, 2024, and regulations related to distributing arguments to proponents in opposition (if received), the Mayor and Deputy Mayor recommend that the City Council discuss and provide general direction/guidance on the ballot argument in favor of the measure. The Mayor and Deputy Mayor will then draft the argument in favor using input received from the Council, which will be circulated for consideration and Council signature by staff. The question that will appear on the ballot for voters is below.
To maintain City services impacted by tourism (public safety, streets, beaches, parks, trails), shall the Del Mar Municipal Code be updated to require TOT from guests of all short-term vacation rentals (30 days or less), hotels, and similar facilities – regardless of unit/bedroom count – on rent charged (excluding third-party booking fees), and allow online booking vendors to collect/remit TOT to City of Del Mar, generating approximately $775,000 annually in local revenue, until ended by voters?
Yes
No
FISCAL IMPACT:
Printing the ballot argument and other voter information materials, such as the measure text, impartial analysis, and rebuttals (if applicable) directly affects election costs. The estimated cost for the TOT Ballot Measure is $15,000, which is included in the FY 2024-25 Operating Budget approved by Council on June 17, 2024. After the November election has been conducted, the County Registrar of Voters will present the City with an invoice for the actual election costs. If the Ballot Measure is approved, it is expected to generate approximately $775,000 annually in General Fund revenue that the City could use for general government services and amenities.
ATTACHMENTS:
Attachment A – Resolution Calling for the Placement of the TOT Ballot Measure Exhibit A to Attachment A – Ordinance Amending DMMC Chapter 3.12 Attachment B- Ballot Argument California Election Code Sections 2 July 8, 2024 Item 15
RESOLUTION NO. 2024-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, CALLING FOR THE PLACEMENT OF A
GENERAL TAX MEASURE ON THE NOVEMBER 5, 2024
GENERAL MUNICIPAL ELECTION BALLOT FOR SUBMISSION
TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE
AMENDING THE CITY’S EXISTING TRANSIENT OCCUPANCY
TAX REGULATIONS UNDER CHAPTER 3.12 OF THE DEL MAR
MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF THE
TAX ON LODGING FACILITIES WITH LESS THAN THREE
UNITS, INCLUDING SHORT-TERM RENTAL OPERATIONS;
CLARIFY THE TAX APPLIES TO THE ENTIRE RENTAL AMOUNT
CHARGED TO TRANSIENT GUESTS, EXCLUDING BOOKING
AND SERVICE FEES CHARGED BY HOSTING PLATFORMS,
ONLINE TRAVEL COMPANIES AND THIRD-PARTY BOOKING
VENDORS; AND PERMIT HOSTING PLATFORMS, ONLINE
TRAVEL COMPANIES AND THIRD-PARTY BOOKING VENDORS
TO COLLECT AND REMIT THE TAX TO THE CITY; AND
REQUESTING THE COUNTY OF SAN DIEGO CONSOLIDATE
SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION
OF NOVEMBER 5, 2024; SETTING RULES AND DEADLINES
FOR ARGUMENTS FOR AND AGAINST THE MEASURE; AND
DIRECTING THE CITY ATTORNEY TO PREPARE THE
IMPARTIAL ANALYSIS
WHEREAS, pursuant to Section 9222 of the California Elections Code and Sections 7280 and 7281 of the California Revenue and Taxation Code, the City Council of the City of Del Mar (City) has the authority to place a measure on the ballot to be considered by the qualified voters at a General Municipal Election regarding transient occupancy tax (TOT); and
WHEREAS, TOT is a general tax, the proceeds of which are deposited into the City’s General Fund and which pay for important City services and amenities, such as public safety, emergency medical services, street operations and maintenance, parks, trails, libraries, recreation services, and other general municipal services and amenities provided to the public and which benefit the Del Mar community; and WHEREAS, pursuant to Del Mar Municipal Code (DMMC) Chapter 3.12 (Transient Occupancy Tax), the City currently imposes TOT at a rate of thirteen percent (13%) upon guests of hotels, motels, inns, tourist homes, and other temporary transient accommodations with three or more units used for dwelling, lodging or sleeping purposes for a period of 30 consecutive calendar days or less; and WHEREAS, as drafted, DMMC Chapter 3.12 does not currently allow for the collection of TOT from guests who stay in lodging facilities with less than three units, including short-term rentals (STRs); and
WHEREAS, the City is undergoing a public process to develop and adopt STR regulations, which is expected to be complete by December 2024. As part of the STR regulations, the City Council desires to require the collection of TOT from STR guests, 3 July 8, 2024 Item 15
Resolution No. 2024-34
which requires amending certain provisions under DMMC Chapter 3.12; and WHEREAS, the City Council also desires to clarify that TOT is collected based on the full rent charged to guests, which includes all fees and rates charged by the operator, such as room rates, resort fees, parking, cancellation charges, cleaning fees, extra guest fees, pet fees, WIFI/Internet charges, and other charges, and excludes any service, booking and other transaction fees charged by hosting platforms, online travel companies and third-party booking vendors; and
WHEREAS, the City Council further desires to modernize the City’s existing TOT regulations to authorize hosting platforms, online travel companies, and third-party booking vendors to collect and remit TOT to the City; and WHEREAS, on May 20, 2024, the City Council directed staff to prepare a Resolution calling for the placement of a proposed Ordinance amending DMMC Chapter
3.12 on the ballot for the November 5, 2024 General Municipal Election; and WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218 (California Constitution, Article XIIIC), an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and
WHEREAS, pursuant to Proposition 218, the general rule is that any local election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members of the governing body of the local government; and
WHEREAS, a General Municipal Election to be held on Tuesday, November 5, 2024 has been called by Resolution 2024-18, and the City Council desires to submit to the voters of the City the measure described herein at that election; and WHEREAS, based on the above, the City Council desires to submit a ballot measure to the voters at the November 5, 2024 General Municipal Election seeking voter approval of the proposed TOT Measure (the “Measure”); the specific terms relating to the Measure are provided for in the Ordinance to be considered by the qualified voters, attached hereto as Exhibit “A” and incorporated by this reference; and WHEREAS, City Council adopted Resolution 2024-19, consolidating the election of three (3) City of Del Mar Councilmembers with the County of San Diego Registrar of Voters and the Council desires that the election for this Measure also be consolidated with the Statewide General Election to be held on the same date; that within the City, the precincts, polling places, voting centers and election officers of the two elections be the same; that the San Diego County Registrar of Voters canvass the returns of the General Municipal Election; and that the election be held in all respects as if there were only one election; and
WHEREAS, the City Council further desires to establish deadlines and rules for the submission of written arguments and rebuttals for and against the Measure in accordance with applicable California Elections Code procedures; and 4 July 8, 2024 Item 15
Resolution No. 2024-34
WHEREAS, under the authority of California Elections Code Section 9280, the City Council wishes to direct the City Attorney to prepare the impartial analysis for the Measure showing the effect of the Measure on the existing law and the operation of the Measure.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL MAR AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct.
Section 2. Approval of Ordinance Form. The City Council of the City of Del Mar, pursuant to its right and authority as contained in California Proposition 218 and California Elections Code Section 9222, herby approves the form of the Ordinance.
Section 3. Ballot Measure. The City is directed to submit the City of Del Mar Transient Occupancy Tax Measure to the voters of the City of Del Mar at the General Municipal Election to be held on Tuesday, November 5, 2024, in the form of the following question:
Measure ___ City of Del Mar Transient Occupancy Tax Measure Transient Occupancy Tax (TOT) Measure
To maintain City services impacted by tourism (public safety, streets, beaches, parks, trails), shall the Del Mar Municipal Code be updated to require TOT from guests of all short-term vacation rentals (30 days or less), hotels, and similar facilities – regardless of unit/bedroom count – on rent charged
(excluding third-party booking fees), and allow online booking vendors to collect/remit TOT to City of Del Mar, generating approximately $775,000 annually in local revenue, until ended by voters?
YES
NO
Section 4. Election Consolidation.
A. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of the election of this Measure.
B. That the County of San Diego Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one (1) election, and only one (1) form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election, pursuant to Section 10418 of the Elections Code.
C. That the Board of Supervisors is requested to issue instructions to the County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election including the procurement and furnishing of any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct 5 July 8, 2024 Item 15
Resolution No. 2024-34
said election, with the exception that the Administrative Services Manager/City Clerk of the City of Del Mar shall cause the publication of all notices that are indicated as the responsibility of the City Clerk in the Election Calendar for said election.
D. That the City of Del Mar recognizes that additional costs will be incurred by the County of San Diego by reason of this consolidation and agrees to reimburse the County for those costs.
E. That the County of San Diego shall be reimbursed in full for the services performed by the Registrar of Voters for the City of Del Mar upon presentation of a bill therefore, and that the City agrees to indemnify and hold harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys’ fees, as the result of an election contest arising after conduct of the election, so long as the basis for any such claim arises from the conduct of the City or as a result of the reasonable reliance by the County upon information provided by the City.
Section 5. The City Council of the City of Del Mar orders the following particulars regarding completion of ballot arguments and an impartial analysis:
A. Arguments. Pursuant to California Elections Code Section 9280, et seq:
a. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the Measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, which arguments may be changed until and including August 15, 2024, after which no arguments for or against the Measure may be submitted to the City Clerk. Arguments in favor of or against the Measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.
b. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.
c. If two or more parties representing the same type of body/association submit competing Arguments in Favor or Arguments Against the same measure, the City Clerk will make a subjective assessment of the arguments. The assessment may include consideration of grammar, spelling, coherence, tone and the comprehensiveness of the argument.
6 July 8, 2024 Item 15
Resolution No. 2024-34
B. Impartial Analysis. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Measure as provided by law. The Impartial Analysis shall be filed by August 16, 2024. The Impartial Analysis shall include a statement that the Measure was placed on the ballot by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the Ordinance or Measure, please call the City Clerk at (858) 375-9517 and a copy will be mailed at no cost to you.”
C. Rebuttals. Pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the Measure, which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than August 20, 2024. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
D. Timeline. Based on the time necessary to prepare and print the City Attorney impartial analysis, the arguments and rebuttals, and to permit the 10-calendar day public examination period, as provided in Division 9, Chapter 3, Article 6 of the California Elections Code, commencing with Section 9295, for the November 5, 2024 election, the City of Del Mar adopts the following deadlines, consistent with the San Diego County Registrar of Voter requirements for Measures:
August 15, 2024 Arguments Due
August 16, 2024 Impartial Analysis Due
August 20, 2024 Rebuttals Due
August 21, 2024-August 31, 2024 10-day Public Examination Period
Section 6. Public Notice. The City Clerk is hereby directed to publish a synopsis of the Measure in accordance with California Elections Code Section 12111 at least one time not later than one week before the election in a newspaper of general circulation in the City.
Section 7. Placement on Ballot. The full text of the City of Del Mar Transient Occupancy Tax Measure is attached hereto as “Exhibit A” and incorporated herein by reference.
Section 8. Delivery of Resolution to County. The City Clerk shall file a certified copy of this Resolution with the San Diego County Registrar of Voters and is hereby authorized 7 July 8, 2024 Item 15
Resolution No. 2024-34
to execute, submit, file, sign, communicate, and otherwise do whatever is necessary to effectuate a City of Del Mar ballot measure. The City Clerk is further directed to take all administrative action necessary to accomplish the orders set forth in this Resolution.
Section 9. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.
The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
Section 10. CEQA. The City Council hereby finds and determines that the ballot Measure relates to organization and administrative activities of the government that will not result in direct or indirect physical changes in the environment and, therefore, is not a project within the meaning of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Section 15378(b)(5).
Section 11. If the voters approve the Measure, the Mayor (or in their absence, the Deputy Mayor) is hereby authorized to execute the Ordinance amending the Transient Occupancy Tax regulations under Chapter 3.12 of the Del Mar Municipal Code, attesting to its adoption by the people voting thereon on November 5, 2024.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 17th day of June 2024. _____________________________________
Dave Druker, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________________
Leslie E. Devaney, City Attorney
City of Del Mar
8 July 8, 2024 Item 15
Resolution No. 2024-34
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. 2024-34, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 17th day of June 2024, by the following vote:
AYES: Mayor Druker, Deputy Mayor Gaasterland, Councilmembers Martinez, Quirk and Worden
NOES: None
RECUSE: None
ABSENT: None
ABSTAIN: None
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
9 July 8, 2024 Item 15
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY OF DEL MAR, CALIFORNIA,
AMENDING DEL MAR MUNICIPAL CODE CHAPTER 3.12 –
TRANSIENT OCCUPANCY (HOTEL) TAX (TOT) ALLOWING
THE CITY TO COLLECT TOT FROM SHORT-TERM RENTAL
OPERATORS AND MODERNIZING TOT REGULATIONS
(NOTE: Additions are highlighted in bold italics and deletions are highlighted in strikeout)
BE IT ORDAINED BY THE VOTERS OF THE CITY OF DEL MAR:
WHEREAS, this Ordinance amends, clarifies and modernizes the City’s existing transient occupancy tax (TOT) regulations under Chapter 3.12 of the Del Mar Municipal Code (DMMC); and
WHEREAS, pursuant to DMMC Chapter 3.12, the City currently imposes TOT at a voter-approved rate of thirteen percent (13%) upon guests of hotels, motels, inns, tourist homes, and other temporary transient accommodations with three or more units used for dwelling, lodging or sleeping purposes for a period of 30 consecutive calendar days or less; and
WHEREAS, as drafted, DMMC Chapter 3.12 does not currently allow for the collection of TOT from guests who stay in lodging facilities with less than three units, including short-term rentals (STRs); and
WHEREAS, the City is undergoing a public process to develop and adopt STR regulations, which is expected to be complete by December 2024. As part of the STR regulations, the City Council desires to require the collection of TOT from STR guests; and
WHEREAS, the City Council also desires to clarify that TOT is collected based on the full rent charged to guests, which includes all fees and rates charged by the operator, such as room rates, resort fees, parking, cancellation charges, cleaning fees, extra guest fees, pet fees, WIFI/Internet charges, and other charges, and excludes any service, booking and other transaction fees charged by hosting platforms, online travel companies and third-party booking vendors; and
WHEREAS, the City Council further desires to modernize the City’s existing TOT regulations to authorize hosting platforms, online travel companies, and third-party booking vendors to collect and remit TOT to the City; and WHEREAS, TOT is not a tax on Del Mar residents, property owners, long-term renters of more than 30 days, hotel operators, STR operators, and operators of other lodging facilities in the City; and
WHEREAS, TOT is only paid by transient guests who stay in local lodging facilities, and ensures tourists pay their fair share to use and benefit from the City’s 10 July 8, 2024 Item 15
Ordinance No. XXXX
services and amenities during their stay, including fire, law enforcement and emergency medical services, driving on local roads, and visiting local beaches, parks, trails, and libraries, as well as other City services and amenities; and WHEREAS, TOT revenues remain in the City, are controlled by the City, and are used for unrestricted general municipal purposes such as public safety, infrastructure, street operations, maintenance and repairs, recreation services, senior programs, water conservation, and other general public services and amenities benefitting the community and which make Del Mar a safe and desirable place to live, visit and do business; and
WHEREAS, by amending the existing TOT regulations to apply to lodging facilities with less than three units, including STRs, it is estimated that the City will generate approximately $775,000 annually in additional General Fund revenue, which will be used for general City services, including protecting residents’ quality of life and continuing to provide a high level of service to the community of Del Mar; and WHEREAS, on May 20, 2024, the City Council directed staff to prepare a Resolution calling for the placement of a proposed Ordinance amending DMMC Chapter 3.12 (Transient Occupancy Tax) on the ballot for the November 5, 2024 General Municipal Election.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, does hereby ordain as follows:
SECTION ONE:
That the foregoing recitals are true and correct.
SECTION TWO:
That subject to the approval of the majority of the voters of the City of Del Mar at the November 5, 2024, General Municipal Election so designated by the City Council in a separate Resolution placing the proposal on the ballot for such election, DMMC Section
3.12.030 (Transient Occupancy Tax – Definitions) is hereby amended as follows:
3.12.030 Definitions.
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
Hotel. Any structure or any portion of any structure which has three or more unit(s) occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, including any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, short-term rental, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location or other similar structure or portion thereof.
11 July 8, 2024 Item 15
Ordinance No. XXXX
Occupancy The use or possession or the right to the use or possession of any room or portion thereof in any hotel for dwelling, lodging or sleeping purposes.
Operator. The person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Where the operator performs his functions through a managing agent or any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this Chapter and shall have the same duties and liabilities as his principal.
Compliance with the provisions of this Chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.
Rent. The consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits, and property and services of any kind or nature, without any deduction therefrom whatsoever. This amount shall include any cleaning fees, resort fees, parking fees, pet fees, extra guest fees, cancellation charges, WIFI/Internet charges, and any other fees, rates and charges as part of the total “rent” charged. Any fees, rates and charges not collected directly by the operator, including service, booking and other transaction fees charged by hosting platforms, online travel companies, and third-party booking vendors, are excluded from the definition of “rent” for purposes of this Chapter.
Transient. Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy; provided, that any person who actually occupies the same premises for a period of 31 or more consecutive days shall be deemed exempt from the tax imposed by this Chapter on that specific occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this Chapter may be considered.
SECTION THREE:
That subject to the approval of the majority of the voters of the City of Del Mar at the November 5, 2024, General Municipal Election so designated by the City Council in a separate Resolution placing the proposal on the ballot for such election, DMMC Section
3.12.040 (Transient Occupancy Tax – The Collection of Tax) is hereby amended as follows:
3.12.040 The Collection of Tax.
A. It shall be unlawful for an operator to fail to collect from the transient the tax imposed by this Chapter at the same time as the rent is collected from the transient.
B. The operator shall deliver to the transient a receipt for payment which states the amount of the tax separately from the amount of the rent charged. 12 July 8, 2024 Item 15
Ordinance No. XXXX
C. No operator shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that the tax will not be added to the rent, or that, if added, any part will be refunded except in a manner provided in this Chapter.
D. For purposes of this Section, if the operator uses a web- or application-based hosting platform, online travel company, or third-party booking vendor that facilitates rentals and payments for hotel rentals, the hosting platform, online travel company, or third-party booking vendor shall be considered an agent of the operator for purposes of collecting and remitting the tax to the City.
SECTION FOUR:
The transient occupancy tax set forth herein shall be collected and administered in the manner set forth in Chapter 3.12 of the DMMC.
SECTION FIVE:
Pursuant to California Constitution Article XIIIC, Section (2)(b) and California Elections Code Section 9217, this Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Del Mar voting at the General Municipal Election to be held on November 5, 2024, and shall become effective as of January 1, 2025.
SECTION EIGHT:
If any portion of this Ordinance is declared invalid by a court of law of other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption of this Section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid.
SECTION NINE:
The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 5, 2024, by signing where indicated below.
I hereby certify that the foregoing Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Del Mar on the 5th day of November, 2024. ______________________________
Dave Druker, Mayor
City of Del Mar
13 July 8, 2024 Item 15
Ordinance No. XXXX
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXXX, which has been published pursuant to law, and adopted by the vote of the People of the City of Del Mar on the 5th day of November, 2024. ______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
City of Del Mar
14 July 8, 2024 Item 15
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9281.
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ELECTIONS CODE - ELEC
DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) CHAPTER 3. Municipal Elections [9200 - 9295] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ARTICLE 4. Arguments Concerning City Measures [9280 - 9287] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) Whenever a city measure qualifies for a place on the ballot, the governing body may direct the city elections official to transmit a copy of the measure to the city attorney, unless the organization or salaries of the office of the city attorney are affected. The city attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. If the measure affects the organization or salaries of the office of the city attorney, the governing board may direct the city elections official to prepare the impartial analysis. The analysis shall be printed preceding the arguments for and against the measure. The analysis shall not exceed 500 words in length.
If the entire text of the measure is not printed on the ballot, nor in the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point bold type, a legend substantially as follows:
“The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the elections official’s office at (insert telephone number) and a copy will be mailed at no cost to you.”
(Amended by Stats. 2016, Ch. 422, Sec. 45. (AB 2911) Effective January 1, 2017.) If no other method is provided by general law, or, in the case of a chartered city, by the charter or by city ordinance, arguments for and against any city measure may be submitted to the qualified voters of the city pursuant to this article. If a method is otherwise provided by general law, or, in the case of a chartered city, by charter or city ordinance, for submitting arguments as to a particular kind of city measure, that method shall control.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
(a) For measures placed on the ballot by petition, the persons filing an initiative petition pursuant to this article may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance.
(b) For measures placed on the ballot by the legislative body, the legislative body, or a member or members of the legislative body authorized by that body, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against any city measure.
(c) An argument shall not exceed 300 words in length.
(d) The city elections official shall include the following statement on the front cover, or if none, on the heading of the first page, of the printed arguments:
“Arguments in support or opposition of the proposed laws are the opinions of the authors.” (e) The city elections official shall enclose a printed copy of both arguments with each voter information guide, but only those arguments filed pursuant to this section shall be printed and enclosed with the voter information guide.
The printed arguments are “official matter” within the meaning of Section 13303.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 7/1/24, 9:47 AM Codes Display Text
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9283.
9285.
9286.
9287.
(f) Printed arguments submitted to voters in accordance with this section shall be titled either “Argument In Favor Of Measure ____” or “Argument Against Measure ____,” accordingly, the blank spaces being filled in only with the letter or number, if any, designating the measure. At the discretion of the elections official, the word “Proposition” may be substituted for the word “Measure” in these titles. (Amended by Stats. 2016, Ch. 422, Sec. 46. (AB 2911) Effective January 1, 2017.) A ballot argument may not be accepted under this article unless accompanied by the printed name and signature or printed names and signatures of the author or authors submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument.
No more than five signatures shall appear with any argument submitted under this article. In case any argument is signed by more than five authors, the signatures of the first five shall be printed. (Amended by Stats. 2004, Ch. 785, Sec. 2. Effective January 1, 2005.) (a) (1) When an argument in favor and an argument against a measure have been selected to be printed in the voter information guide, the elections official shall send a copy of the argument in favor of the measure to the authors of the argument against the measure and a copy of an argument against the measure to the authors of the argument in favor of the measure.
(2) The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument.
(3) A rebuttal argument shall not exceed 250 words.
(4) A rebuttal argument relating to a city measure shall be filed with the elections official no later than 10 days after the final filing date for primary arguments.
(5) A rebuttal argument relating to a city measure shall not be signed by more than five persons, shall be printed in the same manner as a direct argument, and shall immediately follow the direct argument which it seeks to rebut.
(b) Subdivision (a) applies only if, not later than the day on which the legislative body calls an election, the legislative body adopts its provisions by majority vote, in which case subdivision (a) applies at the next ensuing municipal election and at each municipal election thereafter, unless later repealed by the legislative body in accordance with the procedures of this subdivision.
(Amended by Stats. 2016, Ch. 422, Sec. 47. (AB 2911) Effective January 1, 2017.) (a) Based on the time reasonably necessary to prepare and print the arguments and voter information guides and to permit the 10-calendar-day public examination as provided in Article 6 (commencing with Section 9295) for the particular election, the city elections official shall fix a date 14 days from the calling of the election as a deadline, after which no arguments for or against a city measure may be submitted for printing and distribution to the voters, as provided in this article. Arguments may be changed or withdrawn by their proponents until and including the date fixed by the city elections official during the normal business hours of the elections official’s office, as posted.
(b) The requirement in subdivision (a) that the period for submitting arguments for inclusion with the voter information guide materials must be 14 days from the calling of the election does not apply when the election is consolidated with another election pursuant to Part 3 (commencing with Section 10400) of Division 10. (Amended by Stats. 2016, Ch. 422, Sec. 48. (AB 2911) Effective January 1, 2017.) (a) If more than one argument for or more than one argument against any city measure is submitted to the city elections official within the time prescribed, he or she shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. In selecting the argument, the city elections official shall give preference and priority, in the order named, to the arguments of the following:
(1) The legislative body, or member or members of the legislative body authorized by that body. 7/1/24, 9:47 AM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=ELEC&division=9.&title=&part=&chapter=3.&article=4. 2/3 16 July 8, 2024 Item 15
(2) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.
(3) Bona fide associations of citizens.
(4) Individual voters who are eligible to vote on the measure. (b) In order to enable the city elections official to determine whether it qualifies as a bona fide association of citizens, an organization or association submitting an argument for or against a city measure shall submit with its argument a copy of one of the following:
(1) Its articles of incorporation, articles of association, partnership documents, bylaws, or similar documents. (2) Letterhead containing the name of the organization and its principal officers. (3) If the organization or association is a primarily formed committee established to support or oppose the measure, its statement of organization filed pursuant to Section 84101 of the Government Code. (c) In selecting an argument from among bona fide associations of citizens, the city elections official shall not consider the type of documentation submitted pursuant to subdivision (b) or the form of the association. (Amended by Stats. 2018, Ch. 92, Sec. 63. (SB 1289) Effective January 1, 2019.) 7/1/24, 9:47 AM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=ELEC&division=9.&title=&part=&chapter=3.&article=4. 3/3 17 July 8, 2024 Item 15
Statutes, codes, and regulations / CALIFORNIA CODES
/ Chapter 1 - GENERA… / Section 9 - Counting …
/ •••
Cal. Elec. Code § 9
Download PDF
Current through the 2023 Legislative Session.
Section 9 - Counting of words
(a) Counting of words, for purposes of this code, shall be as follows:
(1) Punctuation is not counted.
(2) Each word shall be counted as one word except as specified in this section.
(3) All proper nouns, including geographical names, shall be considered as one word; for example, "City and County of San Francisco" shall be counted as one word.
(4) Each abbreviation for a word, phrase, or expression shall be counted as one word.
(5) Hyphenated words that appear in any generally available standard reference dictionary, published in the United States at any time within the 10 calendar years immediately preceding the election for which the words are counted, including a generally available standard reference dictionary published Sign In
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online, shall be considered as one word. Each part of all other hyphenated words shall be counted as a separate word.
(6) Dates shall be counted as one word.
(7) Any number consisting of a digit or digits shall be considered as one word. Any number which is spelled, such as "one," shall be considered as a separate word or words. "One" shall be counted as one word whereas "one hundred" shall be counted as two words. "100" shall be counted as one word. (8) Telephone numbers shall be counted as one word.
(9) Internet website addresses shall be counted as one word. (b) This section does not apply to counting words for ballot designations under Section 13107.
Ca. Elec. Code § 9
Amended by Stats 2023 ch 479 (AB 1762),s 1, eff. 1/1/2024.
Amended by Stats 2014 ch 697 (SB 1253),s 3, eff. 1/1/2015.
Amended September 2, 1999 (Bill Number: SB 1208) (Chapter 312).
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7/1/24, 9:53 AM Section 9 - Counting of words, Cal. Elec. Code § 9 | Casetext Search + Citator https://casetext.com/statute/california-codes/california-elections-code/division-05-preliminary-provisions/chapter-1-general-provisions/section-9-countin… 2/3 19 July 8, 2024 Item 15
Statutes, codes, and regulations / CALIFORNIA CODES
/ Chapter 1 - GENERA… / Section 9 - Counting …
/ •••
Cal. Elec. Code § 9
Download PDF
Current through the 2023 Legislative Session.
Section 9 - Counting of words
(a) Counting of words, for purposes of this code, shall be as follows:
(1) Punctuation is not counted.
(2) Each word shall be counted as one word except as specified in this section.
(3) All proper nouns, including geographical names, shall be considered as one word; for example, "City and County of San Francisco" shall be counted as one word.
(4) Each abbreviation for a word, phrase, or expression shall be counted as one word.
(5) Hyphenated words that appear in any generally available standard reference dictionary, published in the United States at any time within the 10 calendar years immediately preceding the election for which the words are counted, including a generally available standard reference dictionary published Sign In
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7/1/24, 9:53 AM Section 9 - Counting of words, Cal. Elec. Code § 9 | Casetext Search + Citator https://casetext.com/statute/california-codes/california-elections-code/division-05-preliminary-provisions/chapter-1-general-provisions/section-9-countin… 1/3 20 July 8, 2024 Item 15
online, shall be considered as one word. Each part of all other hyphenated words shall be counted as a separate word.
(6) Dates shall be counted as one word.
(7) Any number consisting of a digit or digits shall be considered as one word. Any number which is spelled, such as "one," shall be considered as a separate word or words. "One" shall be counted as one word whereas "one hundred" shall be counted as two words. "100" shall be counted as one word. (8) Telephone numbers shall be counted as one word.
(9) Internet website addresses shall be counted as one word. (b) This section does not apply to counting words for ballot designations under Section 13107.
Ca. Elec. Code § 9
Amended by Stats 2023 ch 479 (AB 1762),s 1, eff. 1/1/2024.
Amended by Stats 2014 ch 697 (SB 1253),s 3, eff. 1/1/2015.
Amended September 2, 1999 (Bill Number: SB 1208) (Chapter 312).
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Section 8 - Tenses; gender;
singular and plural
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Mayor Dave Druker and Deputy Mayor Terry Gaasterland DATE: July 8, 2024
SUBJECT: City Councilmember Compensation Ballot Measure Argument in Favor REQUESTED ACTION/RECOMMENDATION:
It is recommended that the City Council discuss the ballot argument in favor of the City Councilmember Compensation Ballot Measure and provide general guidance/direction to the Mayor and Deputy Mayor who will draft the argument in advance of the August 15, 2024, deadline and direct staff to coordinate collection of signatures from Councilmembers who would like to sign as a proponent of the argument.
BACKGROUND:
In 1988, the Del Mar electorate voted to approve Councilmember compensation of $300/month, with a provision that Council compensation “can be amended or repealed only by a vote of the electors” (Attachment A). Therefore, any adjustments to Councilmember compensation must be approved by the voters, as memorialized in DMMC Section 2.20.030 (Attachment B), and Council compensation remains $300/month unless and until that happens.
Regulations for establishing city council compensation are set forth in California Government Code Section 36516, which establishes maximum city council compensation based on population. Senate Bill 329 recently amended Section 36516 to increase the maximum council salary set by ordinance from $300 to $950 per month for small cities up to 35,000 in population, and to allow more flexibility for councils to adjust their compensation for inflation.
Councilmember compensation in Del Mar has been $300/month for the last 36 years. On May 20, 2024, the Council discussed a proposal to adjust City Council compensation submitted by Mayor Druker and Deputy Mayor Gaasterland. The discussion included a review of the applicable Government Code Section 36516, recent changes to State law as described above, and regional Council compensation data. On June 17, 2024, the Council adopted Resolution 2024-35 (Attachment C) initiating a City Council Compensation Ballot Measure (Exhibit A to Attachment C) for voter consideration at the November 5, 2024 General Municipal Election. The Council Compensation Ballot Measure includes a salary adjustment to $950/month and allows the City Council to make future adjustments via ordinance instead of requiring a vote of the electorate. 1 July 8, 2024 Item 16
City Council Agenda Report
City Councilmember Compensation –Argument in Favor
July 8, 2024
DISCUSSION/ANLAYSIS:
Following the June 17, 2024, the Mayor and Deputy Mayor reviewed the applicable California Elections Code Sections (Attachment D) related to ballot measure arguments.
Based on the timing for submitting the argument, which is not due to the County of San Diego Registrar of Voters (ROV) until August 15, 2024, and regulations related to distributing arguments to proponents in opposition (if received), the Mayor and Deputy Mayor recommend that the City Council discuss and provide direction on the ballot argument. The Mayor and Deputy Mayor will then draft the argument in favor using input received from the Council, which will be circulated to the Council for consideration and signature by members who have indicated support for the ballot measure. The question that will appear on the ballot for voters is below.
Shall the Municipal Code be amended to comply with the City Council compensation formula under Government Code Section 36516 to: (i) ensure the salary of Councilmembers is set and strictly limited by State law, commencing at $950/month; and (ii) authorize the salary of Councilmembers to be adjusted within the limits of State law by ordinance considered publicly during at least two City Council meetings?
Yes
No
FISCAL IMPACT:
Printing the ballot argument and other voter information materials, such as the measure text, impartial analysis, and rebuttals (if applicable) directly affects election costs. The estimated cost for the City Councilmember Compensation Ballot Measure is $15,000, which is included in the FY 2024-25 Operating Budget approved by Council on June 17, 2024. After the November election has been conducted, the County Registrar of Voters will present the City with an invoice for the actual election costs. If the Ballot Measure is approved, it is expected to generate approximately $775,000 annually in General Fund revenue that the City could use for general government services and amenities.
ATTACHMENTS:
Attachment A- Resolution 88-49
Attachment B- Del Mar Municipal Code Section 2.20.030
Attachment C– Resolution Calling for the Placement of the Council Compensation Ballot Measure
Exhibit A to Attachment A – Proposed Ordinance Amending DMMC Chapter 2.20 Attachment D- Ballot Argument California Election Code Sections 2 July 8, 2024 Item 16
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7 July 8, 2024 Item 16
TITLE 2 - ADMINISTRATION
Chapter 2.20 CITY COUNCIL
Del Mar, California, Municipal Code Created: 2024-04-03 15:46:16 [EST] (Supp. No. 8)
Chapter 2.20 CITY COUNCIL
2.20.010 Election and Tenure.
The electors of the City of Del Mar shall elect Councilmembers at the General Municipal Election held every two years. The General Municipal Election shall be consolidated with the Statewide General Election held in November of even numbered years. Councilmembers shall serve a term of four years, staggered to result in two seats being open at one election and three seats being open at the next election. (Ord. No. 322; Ord. No. 371; Ord. No. 680)
2.20.020 Presiding Officer.
A. City Council shall meet at their usual place of meeting on the first Tuesday in December after the General Municipal Election, provided that the Elections Official has certified the election, and shall pass a resolution reciting the fact of the election, shall install the newly elected officers and shall choose one of its members as Mayor and one of its members as Deputy Mayor.
B. The Mayor, and the Deputy Mayor, shall serve a term of one year, or until a successor for each position is chosen. Three affirmative votes shall be required to choose or change the Mayor or Deputy Mayor.
C. In addition to the powers and duties of a Councilmember, the Mayor, or in the Mayor's absence, the Deputy Mayor, shall be the presiding officer of the City Council. (Ord. No. 680)
2.20.030 Compensation.
A. Councilmembers shall receive a salary of $300.00 per month. (Adopted by a vote of the people 4/12/1988.) B. Upon the submission of an itemized account, any Councilmember may be reimbursed for the actual and necessary expenses incurred in the performance of official duty.
2.20.040 Regular Meetings.
A. Regular meetings of the City Council shall be held on the first and third Monday of each month, commencing at 4:30 p.m. in the Town Hall, 1050 Camino del Mar. If a regular meeting falls on a holiday, the regular meeting shall be held on the next business day.
B. The City Council may, by resolution, designate another date, time, and location for a regular meeting. (Ord. No. 951 , § 1, 8-5-2019)
2.20.050 Rules of Procedure.
The City Council may, from time to time, adopt by resolution, rules of procedure for the conduct of meetings.
These resolutions shall be compiled and maintained by the City Clerk and made available to the public and to the City Council during every meeting.
8 July 8, 2024 Item 16
Created: 2024-04-03 15:46:16 [EST]
(Supp. No. 8)
2.20.060 Orderly Conduct.
A. Any person who fails to comply with a direction given by the presiding officer for the purpose of maintaining order at a City Council meeting shall be guilty of a misdemeanor.
B. All persons shall comply with the meeting procedures announced by resolution of the City Council and no person shall interfere with or interrupt a City Council meeting.
C. The presiding officer may designate a member of the County Sheriff's Department as Sergeant at Arms who shall carry out the directions of the presiding officer, to include making arrests as directed by the presiding officer.
9 July 8, 2024 Item 16
RESOLUTION NO. 2024-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, CALLING FOR THE PLACEMENT OF A
MEASURE ON THE NOVEMBER 5, 2024 GENERAL MUNICIPAL
ELECTION BALLOT FOR SUBMISSION TO THE QUALIFIED
VOTERS OF A PROPOSED ORDINANCE AMENDING SECTION
2.20.030 OF THE DEL MAR MUNICIPAL CODE TO INCREASE
COUNCIL COMPENSATION AND AMEND THE PROCEDURES
FOR FUTURE SALARY ADJUSTMENTS VIA ORDINANCE IN
ACCORDANCE WITH STATE LAW; REQUESTING THE
COUNTY OF SAN DIEGO CONSOLIDATE SAID ELECTION
WITH THE STATEWIDE GENERAL ELECTION OF NOVEMBER
5, 2024; SETTING RULES AND DEADLINES FOR ARGUMENTS
FOR AND AGAINST THE MEASURE; AND DIRECTING THE CITY
ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS
WHEREAS, California Government Code Section 36516 establishes procedures for setting the compensation of City Councilmembers; and WHEREAS, the compensation of the Del Mar City Council is memorialized in Del Mar Municipal Code (DMMC) Section 2.20.030 (City Council Compensation); and WHEREAS, the City Council compensation was last amended 36 years ago in 1988 by a vote of the Del Mar electorate, which set the Council compensation at $300/month, and included a provision that Council compensation can be amended or repealed only by a vote of the electors; and
WHEREAS, Senate Bill (SB 329) amended California Government Code Section 36516, effective January 1, 2024, to allow increases to the population-based maximum Council salary set by ordinance, from $300 to $950 per month for small cities of up to 35,000 in population, and to allow more flexibility for councils to adjust their compensation for inflation; and
WHEREAS, the City Council wishes to place a City Council Compensation Measure on the November 5, 2024 General Municipal Election ballot for voter consideration; and
WHEREAS, if approved, the ballot measure would increase City Council compensation to $950/month for each Councilmember to align with the salary permitted under State law and the salaries of other city councilmembers in the San Diego County region; and
WHEREAS, the City Council further desires the ballot measure to include language allowing the City Council to make adjustments to Council compensation in the future via ordinance, in accordance with strict limits set by California Government Code Section 36516, which will provide greater efficiency while saving the City money on future election costs; and
WHEREAS, on May 6, 2024, the City Council directed staff to prepare a Resolution calling for the placement of a proposed Ordinance amending DMMC Section 3.20.030 10 July 8, 2024 Item 16
Resolution No. 2024-35
(City Council Compensation) on the ballot for the November 5, 2024 General Municipal Election seeking voter approval of the proposed City Council Compensation Ballot Measure; and
WHEREAS, a General Municipal Election to be held on Tuesday, November 5, 2024 has been called by Resolution 2024-18, and the City Council desires to submit to the voters of the City the measure described herein at that election; and WHEREAS, the City Council adopted Resolution 2024-19, consolidating the election of three (3) City of Del Mar Councilmembers with the County of San Diego Registrar of Voters, and the Council desires that the election for this ballot measure also be consolidated with the Statewide General Election to be held on the same date; that within the City, the precincts, polling places, voting centers and election officers of the two elections be the same; that the San Diego County Registrar of Voters canvass the returns of the General Municipal Election; and that the election be held in all respects as if there were only one election; and
WHEREAS, the City Council further desires to establish deadlines and rules for the submission of written arguments and rebuttals for and against the ballot measure in accordance with applicable California Elections Code procedures; and WHEREAS, under the authority of California Elections Code Section 9280, the City Council wishes to direct the City Attorney to prepare the impartial analysis for the ballot measure showing the effect of the ballot measure on the existing law and the operation of the measure.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL MAR AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct.
Section 2. The City Council hereby approves the form of the Ordinance set forth in Exhibit A to this Resolution and its submission to the voters of the City at the November 5, 2024 election.
Section 3. Ballot Measure. The City is directed to submit the City of Del Mar Council Compensation Measure to the voters on the ballot in the form of the following question:
Measure ___ City of Del Mar City Council Compensation
City Council Compensation Measure
Shall the Municipal Code be amended to comply with the City Council compensation formula under Government Code Section 36516 to: (i) ensure the salary of Councilmembers is set and strictly limited by State law, commencing at $950/month; and (ii) authorize the salary of Councilmembers to be adjusted within the limits of State law by ordinance considered publicly during at least two City Council meetings?
YES
NO
Section 4. Election Consolidation.
A. That pursuant to the requirements of Section 10403 of the Elections Code, the 11 July 8, 2024 Item 16
Resolution No. 2024-35
Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of the election of this Measure.
B. That the County of San Diego Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one (1) election, and only one (1) form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election, pursuant to Section 10418 of the Elections Code.
C. That the Board of Supervisors is requested to issue instructions to the County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election, including the procurement and furnishing of any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election, with the exception that the Administrative Services Manager/City Clerk of the City of Del Mar shall cause the publication of all notices that are indicated as the responsibility of the City Clerk in the Election Calendar for said election.
D. That the City of Del Mar recognizes that additional costs will be incurred by the County of San Diego by reason of this consolidation and agrees to reimburse the County for those costs.
E. That the County of San Diego shall be reimbursed in full for the services performed by the Registrar of Voters for the City of Del Mar upon presentation of a bill therefore, and that the City agrees to indemnify and hold harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys’ fees, as the result of an election contest arising after conduct of the election, so long as the basis for any such claim arises from the conduct of the City or as a result of the reasonable reliance by the County upon information provided by the City.
Section 5. The City Council of the City of Del Mar orders the following particulars regarding completion of ballot arguments and an impartial analysis:
A. Arguments. Pursuant to California Elections Code Section 9280, et seq.:
a. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the Measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, which arguments may be changed until and including August 15, 2024, after which no arguments for or against the Measure may be submitted to the City Clerk. Arguments in favor of or against the Measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, 12 July 8, 2024 Item 16
Resolution No. 2024-35
and the printed name and signature of at least one of its principal officers who is the author of the argument.
b. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.
c. If two or more parties representing the same type of body/association submit competing arguments in favor or arguments against the same measure, the City Clerk will make a subjective assessment of the arguments. The assessment may include consideration of grammar, spelling, coherence, tone and the comprehensiveness of the argument.
B. Impartial Analysis. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Measure as provided by law. The Impartial Analysis shall be filed by August 16, 2024. The Impartial Analysis shall include a statement that the Measure was placed on the ballot by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the Ordinance or Measure, please call the City Clerk at (858) 375-9517 and a copy will be mailed at no cost to you.”
C. Rebuttals. Pursuant to Section 9285 of the Elections Code, when the City Clerk has selected the arguments for and against the Measure, which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than August 20, 2024. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
D. Timeline. Based on the time necessary to prepare and print the City Attorney impartial analysis, the arguments and rebuttals, and to permit the 10-calendar day public examination period, as provided in Division 9, Chapter 3, Article 6 of the Elections Code, commencing with Section 9295, for the November 5, 2024 election, the City of Del Mar adopts the following deadlines, consistent with the San Diego County Registrar of Voter requirements for ballot measures:
13 July 8, 2024 Item 16
Resolution No. 2024-35
August 15, 2024 Arguments Due
August 16, 2024 Impartial Analysis Due
August 20, 2024 Rebuttals Due
August 21, 2024 – August 31,
2024 10-day Public Examination Period
Section 6. Public Notice. The City Clerk is hereby directed to publish a synopsis of the Measure in accordance with Elections Code Section 12111 at least one time not later than one week before the election in a newspaper of general circulation in the City.
Section 7. Placement on Ballot. The full text of the City of Del Mar Council Compensation Measure is attached hereto as “Exhibit A” and incorporated herein by reference.
Section 8. Delivery of Resolution to County. The City Clerk shall file a certified copy of this Resolution with the San Diego County Registrar of Voters, and is hereby authorized to execute, submit, file, sign, communicate, and otherwise do whatever is necessary to effectuate a City of Del Mar ballot measure. The City Clerk is further directed to take all administrative action necessary to accomplish the orders set forth in this Resolution.
Section 9. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.
The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
Section 10. CEQA. The City Council hereby finds and determines that the ballot Measure relates to organization and administrative activities of the government that will not result in direct or indirect physical changes in the environment and, therefore, is not a project within the meaning of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Section 15378(b)(5).
Section 11. If the voters approve the Measure, the Mayor (or in their absence, the Deputy Mayor) is hereby authorized to execute the Ordinance amending the City Council Compensation regulations under Chapter 2.20 of the Del Mar Municipal Code, attesting to its adoption by the people voting thereon on November 5, 2024.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 17th day of June 2024. _____________________________________
Dave Druker, Mayor
City of Del Mar
14 July 8, 2024 Item 16
Resolution No. 2024-35
APPROVED AS TO FORM:
________________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2024-35, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 17th day of June 2024, by the following vote:
AYES: Mayor Druker, Deputy Mayor Gaasterland, Councilmember Martinez NOES: Councilmembers Quirk and Worden
RECUSE: None
ABSENT: None
ABSTAIN: None
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
15 July 8, 2024 Item 16
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY OF DEL MAR, CALIFORNIA,
AMENDING DEL MAR MUNICIPAL CODE (DMMC) SECTION
2.20.030 – CITY COUNCIL COMPENSATION
(NOTE: Additions are highlighted in bold italics and deletions are highlighted in strikeout) BE IT ORDAINED BY THE VOTERS OF THE CITY OF DEL MAR:
WHEREAS, California Government Code Section 36516 establishes procedures for setting the compensation of City Councilmembers; and WHEREAS, the compensation of the Del Mar City Council is memorialized in Del Mar Municipal Code (DMMC) Section 2.20.030 (City Council Compensation), and was last amended 36 years ago in 1988, by a vote of the Del Mar electorate, which set the Council compensation at $300/month, with a provision that Council compensation can be amended or repealed only by a vote of the electors; and WHEREAS, the City Council wishes to place a City Council Compensation Measure on the November 5, 2024 General Municipal Election ballot for voter consideration to increase City Council compensation to $950/month to align with State law and the salaries of City Councilmembers in the San Diego County region; and WHEREAS, the City Council further desires the Measure include language allowing the City Council to make modest inflation-based adjustments to Council compensation in the future via ordinance instead of requiring a vote of the electorate in accordance with California Government Code Section 36516, which will provide greater efficiency while saving the City money on future election costs; and WHEREAS, on May 6, 2024, City Council directed staff to prepare a Resolution calling for the placement of a proposed Ordinance amending DMMC Section 2.20.020 (City Council Compensation) on the ballot for the November 5, 2024 General Municipal Election.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, does hereby ordain as follows:
SECTION ONE:
That the foregoing recitals are true and correct.
SECTION TWO:
That subject to the approval of the majority of the voters of the City of Del Mar at the November 5, 2024 General Municipal Election so designated by the City Council in a separate Resolution placing the proposal on the ballot for such election, Del Mar Municipal Code Section 2.20.030 (City Council Compensation) is hereby amended as follows:
16 July 8, 2024 Item 16
Ordinance No. XXXX
2.20.030 Compensation.
A. Councilmembers shall receive a salary of $950 $300/month per month effective January 1, 2025. (Adopted by a vote of the people 4/12/1988.) B. Upon the submission of an itemized account, any Councilmember may be reimbursed for the actual and necessary expenses incurred in the performance of official duty.
C. Council compensation may be adjusted by Ordinance within the limits established by State law.
C. This section can be amended or repealed only by a vote of the electors.
SECTION THREE:
Pursuant to California Constitution Article XIIIC, Section (2)(b) and California Elections Code Section 9217, this Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Del Mar voting at the General Municipal Election to be held on November 5, 2024, and shall become effective as of January 1, 2025.
SECTION FOUR:
If any portion of this Ordinance is declared invalid by a court of law of other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption of this Section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid.
SECTION FIVE:
The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 5, 2024, by signing where indicated below.
I hereby certify that the foregoing Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Del Mar on the 5th day of November, 2024. ______________________________
Dave Druker, Mayor
City of Del Mar
17 July 8, 2024 Item 16
Ordinance No. XXXX
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXXX, which has been published pursuant to law, and adopted by the vote of the People of the City of Del Mar on the 5th day of November, 2024. ______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
City of Del Mar
18 July 8, 2024 Item 16
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ELECTIONS CODE - ELEC
DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) CHAPTER 3. Municipal Elections [9200 - 9295] ( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ARTICLE 4. Arguments Concerning City Measures [9280 - 9287] ( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. ) Whenever a city measure qualifies for a place on the ballot, the governing body may direct the city elections official to transmit a copy of the measure to the city attorney, unless the organization or salaries of the office of the city attorney are affected. The city attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. If the measure affects the organization or salaries of the office of the city attorney, the governing board may direct the city elections official to prepare the impartial analysis. The analysis shall be printed preceding the arguments for and against the measure. The analysis shall not exceed 500 words in length.
If the entire text of the measure is not printed on the ballot, nor in the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point bold type, a legend substantially as follows:
“The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the elections official’s office at (insert telephone number) and a copy will be mailed at no cost to you.”
(Amended by Stats. 2016, Ch. 422, Sec. 45. (AB 2911) Effective January 1, 2017.) If no other method is provided by general law, or, in the case of a chartered city, by the charter or by city ordinance, arguments for and against any city measure may be submitted to the qualified voters of the city pursuant to this article. If a method is otherwise provided by general law, or, in the case of a chartered city, by charter or city ordinance, for submitting arguments as to a particular kind of city measure, that method shall control.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
(a) For measures placed on the ballot by petition, the persons filing an initiative petition pursuant to this article may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance.
(b) For measures placed on the ballot by the legislative body, the legislative body, or a member or members of the legislative body authorized by that body, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against any city measure.
(c) An argument shall not exceed 300 words in length.
(d) The city elections official shall include the following statement on the front cover, or if none, on the heading of the first page, of the printed arguments:
“Arguments in support or opposition of the proposed laws are the opinions of the authors.” (e) The city elections official shall enclose a printed copy of both arguments with each voter information guide, but only those arguments filed pursuant to this section shall be printed and enclosed with the voter information guide.
The printed arguments are “official matter” within the meaning of Section 13303.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 7/1/24, 9:47 AM Codes Display Text
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9283.
9285.
9286.
9287.
(f) Printed arguments submitted to voters in accordance with this section shall be titled either “Argument In Favor Of Measure ____” or “Argument Against Measure ____,” accordingly, the blank spaces being filled in only with the letter or number, if any, designating the measure. At the discretion of the elections official, the word “Proposition” may be substituted for the word “Measure” in these titles. (Amended by Stats. 2016, Ch. 422, Sec. 46. (AB 2911) Effective January 1, 2017.) A ballot argument may not be accepted under this article unless accompanied by the printed name and signature or printed names and signatures of the author or authors submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument.
No more than five signatures shall appear with any argument submitted under this article. In case any argument is signed by more than five authors, the signatures of the first five shall be printed. (Amended by Stats. 2004, Ch. 785, Sec. 2. Effective January 1, 2005.) (a) (1) When an argument in favor and an argument against a measure have been selected to be printed in the voter information guide, the elections official shall send a copy of the argument in favor of the measure to the authors of the argument against the measure and a copy of an argument against the measure to the authors of the argument in favor of the measure.
(2) The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument.
(3) A rebuttal argument shall not exceed 250 words.
(4) A rebuttal argument relating to a city measure shall be filed with the elections official no later than 10 days after the final filing date for primary arguments.
(5) A rebuttal argument relating to a city measure shall not be signed by more than five persons, shall be printed in the same manner as a direct argument, and shall immediately follow the direct argument which it seeks to rebut.
(b) Subdivision (a) applies only if, not later than the day on which the legislative body calls an election, the legislative body adopts its provisions by majority vote, in which case subdivision (a) applies at the next ensuing municipal election and at each municipal election thereafter, unless later repealed by the legislative body in accordance with the procedures of this subdivision.
(Amended by Stats. 2016, Ch. 422, Sec. 47. (AB 2911) Effective January 1, 2017.) (a) Based on the time reasonably necessary to prepare and print the arguments and voter information guides and to permit the 10-calendar-day public examination as provided in Article 6 (commencing with Section 9295) for the particular election, the city elections official shall fix a date 14 days from the calling of the election as a deadline, after which no arguments for or against a city measure may be submitted for printing and distribution to the voters, as provided in this article. Arguments may be changed or withdrawn by their proponents until and including the date fixed by the city elections official during the normal business hours of the elections official’s office, as posted.
(b) The requirement in subdivision (a) that the period for submitting arguments for inclusion with the voter information guide materials must be 14 days from the calling of the election does not apply when the election is consolidated with another election pursuant to Part 3 (commencing with Section 10400) of Division 10. (Amended by Stats. 2016, Ch. 422, Sec. 48. (AB 2911) Effective January 1, 2017.) (a) If more than one argument for or more than one argument against any city measure is submitted to the city elections official within the time prescribed, he or she shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. In selecting the argument, the city elections official shall give preference and priority, in the order named, to the arguments of the following:
(1) The legislative body, or member or members of the legislative body authorized by that body. 7/1/24, 9:47 AM Codes Display Text
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(2) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.
(3) Bona fide associations of citizens.
(4) Individual voters who are eligible to vote on the measure. (b) In order to enable the city elections official to determine whether it qualifies as a bona fide association of citizens, an organization or association submitting an argument for or against a city measure shall submit with its argument a copy of one of the following:
(1) Its articles of incorporation, articles of association, partnership documents, bylaws, or similar documents. (2) Letterhead containing the name of the organization and its principal officers. (3) If the organization or association is a primarily formed committee established to support or oppose the measure, its statement of organization filed pursuant to Section 84101 of the Government Code. (c) In selecting an argument from among bona fide associations of citizens, the city elections official shall not consider the type of documentation submitted pursuant to subdivision (b) or the form of the association. (Amended by Stats. 2018, Ch. 92, Sec. 63. (SB 1289) Effective January 1, 2019.) 7/1/24, 9:47 AM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=ELEC&division=9.&title=&part=&chapter=3.&article=4. 3/3 21 July 8, 2024 Item 16
Statutes, codes, and regulations / CALIFORNIA CODES
/ Chapter 1 - GENERA… / Section 9 - Counting …
/ •••
Cal. Elec. Code § 9
Download PDF
Current through the 2023 Legislative Session.
Section 9 - Counting of words
(a) Counting of words, for purposes of this code, shall be as follows:
(1) Punctuation is not counted.
(2) Each word shall be counted as one word except as specified in this section.
(3) All proper nouns, including geographical names, shall be considered as one word; for example, "City and County of San Francisco" shall be counted as one word.
(4) Each abbreviation for a word, phrase, or expression shall be counted as one word.
(5) Hyphenated words that appear in any generally available standard reference dictionary, published in the United States at any time within the 10 calendar years immediately preceding the election for which the words are counted, including a generally available standard reference dictionary published Sign In
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online, shall be considered as one word. Each part of all other hyphenated words shall be counted as a separate word.
(6) Dates shall be counted as one word.
(7) Any number consisting of a digit or digits shall be considered as one word. Any number which is spelled, such as "one," shall be considered as a separate word or words. "One" shall be counted as one word whereas "one hundred" shall be counted as two words. "100" shall be counted as one word. (8) Telephone numbers shall be counted as one word.
(9) Internet website addresses shall be counted as one word. (b) This section does not apply to counting words for ballot designations under Section 13107.
Ca. Elec. Code § 9
Amended by Stats 2023 ch 479 (AB 1762),s 1, eff. 1/1/2024.
Amended by Stats 2014 ch 697 (SB 1253),s 3, eff. 1/1/2015.
Amended September 2, 1999 (Bill Number: SB 1208) (Chapter 312).
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7/1/24, 9:53 AM Section 9 - Counting of words, Cal. Elec. Code § 9 | Casetext Search + Citator https://casetext.com/statute/california-codes/california-elections-code/division-05-preliminary-provisions/chapter-1-general-provisions/section-9-countin… 2/3 23 July 8, 2024 Item 16
Statutes, codes, and regulations / CALIFORNIA CODES
/ Chapter 1 - GENERA… / Section 9 - Counting …
/ •••
Cal. Elec. Code § 9
Download PDF
Current through the 2023 Legislative Session.
Section 9 - Counting of words
(a) Counting of words, for purposes of this code, shall be as follows:
(1) Punctuation is not counted.
(2) Each word shall be counted as one word except as specified in this section.
(3) All proper nouns, including geographical names, shall be considered as one word; for example, "City and County of San Francisco" shall be counted as one word.
(4) Each abbreviation for a word, phrase, or expression shall be counted as one word.
(5) Hyphenated words that appear in any generally available standard reference dictionary, published in the United States at any time within the 10 calendar years immediately preceding the election for which the words are counted, including a generally available standard reference dictionary published Sign In
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7/1/24, 9:53 AM Section 9 - Counting of words, Cal. Elec. Code § 9 | Casetext Search + Citator https://casetext.com/statute/california-codes/california-elections-code/division-05-preliminary-provisions/chapter-1-general-provisions/section-9-countin… 1/3 24 July 8, 2024 Item 16
online, shall be considered as one word. Each part of all other hyphenated words shall be counted as a separate word.
(6) Dates shall be counted as one word.
(7) Any number consisting of a digit or digits shall be considered as one word. Any number which is spelled, such as "one," shall be considered as a separate word or words. "One" shall be counted as one word whereas "one hundred" shall be counted as two words. "100" shall be counted as one word. (8) Telephone numbers shall be counted as one word.
(9) Internet website addresses shall be counted as one word. (b) This section does not apply to counting words for ballot designations under Section 13107.
Ca. Elec. Code § 9
Amended by Stats 2023 ch 479 (AB 1762),s 1, eff. 1/1/2024.
Amended by Stats 2014 ch 697 (SB 1253),s 3, eff. 1/1/2015.
Amended September 2, 1999 (Bill Number: SB 1208) (Chapter 312).
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7/1/24, 9:53 AM Section 9 - Counting of words, Cal. Elec. Code § 9 | Casetext Search + Citator https://casetext.com/statute/california-codes/california-elections-code/division-05-preliminary-provisions/chapter-1-general-provisions/section-9-countin… 2/3 25 July 8, 2024 Item 16
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7/1/24, 9:53 AM Section 9 - Counting of words, Cal. Elec. Code § 9 | Casetext Search + Citator https://casetext.com/statute/california-codes/california-elections-code/division-05-preliminary-provisions/chapter-1-general-provisions/section-9-countin… 3/3 26 July 8, 2024 Item 16
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, Senior Management Analyst
Via Ashley Jones, City Manager
DATE: July 8, 2024
SUBJECT: Designation of Voting Delegate and Voting Delegate Alternate(s) to the League of California Cities 2024 Annual Conference
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Appoint a voting delegate and delegate alternate(s) to represent the City of Del Mar at the League of California Cities 2024 Annual Conference and authorize the City Manager to complete the necessary paperwork and administrative actions; and 2) Provide direction to the selected delegate(s) regarding voting on key issues.
DISCUSSION/ANALYSIS:
The League of California Cities (Cal Cities) holds an annual conference and business meeting at which time its membership sets policy and acts on League resolutions. In order for the City of Del Mar to participate and vote on official business and resolutions, the City must appoint a voting delegate by Council action. The Council may additionally appoint up to two alternate voting delegates if so desired.
This year’s conference will take place in-person at the Long Beach Convention Center from October 16 to October 18, 2024. The Cal Cities Coastal Cities Group, a working group of 61 coastal cities located in the Coastal Zone, has a session tentatively planned on Thursday, October 17, 2024, and the General Assembly (voting) is tentatively scheduled for Friday, October 18, 2024. The cost for attendance at this year’s event is estimated to be up to $1,440, which includes event registration ($650 for early registration) and lodging, if needed ($790).
The deadline for Del Mar to appoint a voting delegate and alternates, if so desired, is October 4, 2024. An early registration window, with discounted registration rates, closes on July 18, 2024. Councilmember Worden will be attending the conference in his role as Vice Chair of the Cities Coastal Cities Group, and has expressed a willingness to attend the General Assembly (voting) session as the City’s voting delegate if no other Councilmember(s) would like to attend and pending his availability. Councilmember Worden does not require lodging.
1 July 8, 2024 Item 18
City Council Agenda Report
Designation of Cal Cities Voting Delegate for 2024 Annual Conference July 8, 2024
Staff is seeking direction from the Council on which Councilmember(s) are to be appointed as a voting delegate and as a voting delegate alternate(s). Additionally, City Council is requested to provide direction to the appointed delegate(s) regarding voting on key issues.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council as part of this agenda item. There are currently sufficient funds available in the approved FY2024-25 City Council meeting/travel budget to cover the estimated $1,440 in meeting related costs to send one Councilmember to the conference. If the Council sends more than one member to the conference, staff will monitor the City Council meetings and travel and training budgets and may recommend a budget adjustment at mid-year.
2 July 8, 2024 Item 18