Del Mar City Council
October 7, 2024

October 2, 2023, the City Council approved further design and development of final project plans. The final design plans for the Hoska Alley Paving and Drainage Improvement Project have since been completed. The final design consists of paving of the existing Hoska Alley gravel surface and construction of new storm drain facilities from the existing inlet to Camino Del Mar.

In accordance with the City’s Municipal Code and Public Contract Code, Public Works staff advertised a notice inviting bids on August 19, 2024. Staff held a public bid opening on September 19, 2024, and received nine bids ranging from $441,796 to $979,183 as shown in Table A below. This was a strong turnout, with three bids coming in below the engineer’s estimate of $492,000.

Table A: Bid Results
Bidder Name Bid Amount
Bert W. Salas, Inc. $441,796.50
Quality Constructing & Engineering, Inc. $448,490
Bali Construction, Inc. $474,060
Cali State Paving, Inc. $521,961
In the Dirt Engineering $567,763
Southland Paving, Inc. $594,411
Fordyce Construction, Inc. $639,188
Palm Engineering Construction Company, Inc. $688,800
Burtech Pipeline, Inc. $979,183
For Reference: Engineer’s Estimate $492,000
On September 25, 2024, Cali State Paving, Inc. submitted a bid protest, contending that the three apparent lowest bidders – Bert W. Salas, Inc., Quality Constructing & Engineering, Inc., and Bali Construction, Inc. – did not list a surveyor as a subcontractor.

Bidders are required to list subcontractors who perform greater than 0.5% of the total bid or $10,000, whichever is greater.

Staff consulted with the City Attorney, and it was determined that with respect to the subcontractor listing, surveyors do not generally qualify as subcontractors that must be listed pursuant to the Subletting and Subcontracting Fair Practices Act (the “Act”). The Act, per Section 4113, defines a subcontractor as “a contractor, within the meaning of the provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, who contracts directly with the prime contractor.” The Business and Professions Code chapter referenced, including Section 7026, the Contractors’ State License Law and requires licensing by the Contractors’ State License Board. Surveyors are not licensed by that entity but are instead licensed by the Board for Professional Engineers, Land Surveyors, and Geologists, indicating that surveyors are not “subcontractors” for purposes of subcontractor identification. 2 October 7, 2024 Item 08
City Council Agenda Report
Award of Construction Contract – Hoska Alley Street and Storm Drain Improvements Project October 7, 2024

Public Contract Code Section 20162 requires that the City award the contract to the lowest responsive and responsible bidder. Staff evaluated Bert W. Salas’s bid of $441,796.50 (Attachment C) and determined they are the lowest responsive and responsible bidder.

The City has an agreement in place with Dudek for as-needed general engineering services. Staff recommends issuing Dudek a $69,780 Task Order (Attachment B) to provide construction management and inspection services for this project. Dudek will only bill hours as needed for these services.

The total estimated project expenditures through project completion are $563,000 as listed in Table B below. This amount includes the construction contract with Bert W. Salas, Inc., construction management and inspection services provided by Dudek, and a 10% project contingency for change orders due to unforeseen field conditions, need for specialty inspections, or any other unanticipated costs during construction.

Table B: Project Expenditures
Pending City Council approval and contract execution, a Notice to Proceed will be issued for the project to start this month. Project completion is estimated for February 2025.

FISCAL IMPACT:

The total fiscal impact of the recommended action as described in this report is $563,000.

There is $409,900 available in the approved Project budget, leaving an unfunded amount of $153,100. Council approval of the recommended action will result in an amendment to the Fiscal Year (FY) 2024-2025 Operating and Capital Budget to allocate $153,100 from the General Fund as shown below:

ENVIRONMENTAL IMPACT:

This project is exempt from the California Environmental Quality Act (CEQA). CEQA Guidelines Sections: 15301(b), “Existing Facilities,” which exempts projects involving the operation, repair, maintenance...or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, such as existing highways and streets, sidewalks, AMOUNT
Construction (Bert W. Salas) $441,797
Construction Management (Dudek) $69,780
Project Contingency (10%) $51,423
Total Project Cost $563,000

PROJECT FUND ACCOUNT AMOUNT
Hoska Alley Street and Storm Drain
Improvements General Fund 40.7000.7047 $153,100
3 October 7, 2024 Item 08
City Council Agenda Report
Award of Construction Contract – Hoska Alley Street and Storm Drain Improvements Project October 7, 2024

gutters, bicycle and pedestrian trails, and similar facilities; and restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety; and 15303 (d), “new construction,” of water mains, sewage, electrical, gas, and other utility extensions, in this case an extension of a drainage utility. None of the exceptions listed under CEQA Guidelines §15300.2 apply to the Project and no unusual circumstances are present that could lead to a significant environmental effect.

NEXUS TO CITY COUNCIL GOALS & PRIORITIES:

This project is identified as a Tier 2 City Council priority for FY 2024-2025.

ATTACHMENTS:

Attachment A – Contract with Bert W. Salas, Inc. for the Hoska Alley Street and Storm Drain Improvements
Attachment B – Task Order with Dudek for Construction Management Services Exhibit A to Attachment B – Dudek proposal
Attachment C – Bert W. Salas’s Bid
4 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

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 Bert W. Salas, Inc. 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 Hoska Alley Street and Storm Drain Improvements 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 5 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

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 6 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

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 Hoska Alley Street and Storm Drain Improvements Project in a time period not to exceed ONE HUNDRED (100) 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 Contract shall create any contractual relations between any subcontractor of ATTACHMENT A 7 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

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 8 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

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 ATTACHMENT A 9 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

mediator a brief memorandum setting forth its position about the issues that need to be resolved. The brief shall be mutually exchanged between the parties. At the mediation session, the parties will be expected to produce required information for the mediator to understand and evaluate the issues presented.

4. The mediation process shall be considered terminated when: (1) in the mediator’s judgment, further efforts at mediation would not contribute to a resolution of the dispute between the parties; or, (2) by the execution of Settlement Agreement, which may be used as the basis for change order or other directive as appropriate; or, (3) written declaration of a party that it will no longer participate in further mediation proceedings.

D. If mediation is unsuccessful, as a prerequisite to filing suit, the Contractor must file a claim pursuant to Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the period of time within which a claim must be filed shall begin from the time the claimant submits his or her written claim pursuant to subsection A until the time the claim is denied, including any period of time utilized by the meet and confer conference.

A civil action filed to resolve a claim subject to Section 9.4 of this Contract shall be subject to the provisions of Public Contract Code Sections 20104.4 and 20104.6.

10. HOLD HARMLESS.

10.1 The Contractor agrees to indemnify and hold the City; the City's officers, officials, employees and agents; the Engineer; and the Engineer’s officers, officials, employees and agents (together, the “City Indemnified Parties”), harmless from, and against any and all liabilities, claims, demands, causes of action, losses, suit damage, expenses and costs, including all costs of defense, expense costs and investigation expenses thereof, arising out of, or in any manner connected directly or indirectly to the acts, omissions or performance of Work by the Contractor or 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.

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.

ATTACHMENT A 10 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

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.

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 blasting, collapse, structural injuries or damage to underground utilities. The policy shall not contain the so-called "x" "c" "u" exclusions.

11.2 The Contractor shall maintain vehicle liability, and property damage insurance in the amount of not less than $2,000,000 for one person injured in one accident, and not less than $2,000,000 for two or more persons injured in any one accident, and not less than $2,000,000 with respect to any property damage involved and public general liability insurance in the amount of not less than $2,000,000 each occurrence or in the aggregate.

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. The insurance policy shall provide that the policy shall remain in force during the life of this Contract and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to City from the insurance company.

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.

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.

ATTACHMENT A 11 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

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 and its officers, consultants, agents, and employees while on the Project and acting within the scope of their duties. For any claims related to the Project, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.

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.

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 Bert W. Salas, Inc.

Attn: City Clerk Attn: Bob Salaz
1050 Camino del Mar 11203 Highway 67
Del Mar, CA 92014 Lakeside, CA 92040
[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 two hundred fifty dollars ($250) 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 ATTACHMENT A 12 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

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

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 ATTACHMENT A 13 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

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 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.

ATTACHMENT A 14 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

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.

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, Bert W. Salas, Inc.
a municipal corporation a California Corporation
By: By:

Ashley Jones, City Manager Bob Salaz, Chief Financial Officer Date: Date:

APPROVED AS TO FORM:

Leslie E. Devaney, City Attorney
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
ATTACHMENT A 15 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

ATTACHMENT A – SCOPE OF WORK
Contractor shall refer to Hoska Alley Street and Storm Drain Improvements Project Specifications and Drawings for the description of the scope of work to be performed.

ATTACHMENT A 16 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

ATTACHMENT B – PROPOSAL/BID SCHEDULE/SCHEDULE OF VALUES ATTACHMENT A 17 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

ATTACHMENT A 18 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

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. (optional):

SIGNATURE:

PRINT NAME/TITLE OF SIGNER:

DATE:

ATTACHMENT A 19 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

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 [Name of Contractor] (“Principal”) a contract for the work described as Hoska Alley Street and Storm Drain Improvements Project; 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 20 October 7, 2024 Item 08
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 21 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

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 22 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

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:

HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS
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 23 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

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 24 October 7, 2024 Item 08

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND BERT W. SALAS, INC.

FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

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 25 October 7, 2024 Item 08

ATTACHMENT B
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us October 7, 2024
Dudek SENT VIA EMAIL
Attn: Jason Linsdau/Joseph Monaco
605 3rd Street
Encinitas, CA 92024
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR CONSTRUCTION MANAGEMENT

SERVICES FOR HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS

PROJECT
This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and Dudek (Consultant), the term for which is November 18, 2019, to November 19, 2024.

Consultant shall execute tasks related to the Hoska Alley Street and Storm Drain Improvements Project, as described in the Consultant’s proposal dated August 27, 2024, and included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $69,780. The project schedule shall commence upon execution of this Task Order/Notice to Proceed and be completed by February 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:
_____________________________________ _______________________________________ Ashley Jones Date Joseph Monaco Date
City Manager President
cc: Joe Bride, Public Works Director
Martin Boyd, Principal Engineer
Diana Martinez, Associate Management Analyst
Exhibit A: Dudek – Proposal for Construction Management and Inspection Services 26 October 7, 2024 Item 08
Task Description LABOR HOURS LABOR HOURS LABOR SUBTOTAL DIRECT COSTS TOTAL BUDGET Team Member
Dudek
Construction Manager
Dudek
Construction Engineer
Billable Rate $180.00 $140.00

1.0 Preconstruction Services

1.1 Preconstruction Meeting 4 2 $ 1,000 $ - $ 1,000
Task 1 Subtotal: 4 2 $ 1,000 $ - $ 1,000

2.0 Construction Services (100 Calendar Days)

2.1 Project Management 60 0 $ 10,800 $ - $ 10,800

2.2 Daily Inspection 0 290 $ 40,600 $ - $ 40,600

2.3 Progress Meetings 10 0 $ 1,800 $ - $ 1,800

2.4 RFI Processing 10 0 $ 1,800 $ - $ 1,800

2.5 Submittal Processing 20 0 $ 3,600 $ - $ 3,600

2.6 Progress Payments 5 0 $ 900 $ - $ 900

2.7 Change Orders 20 0 $ 3,600 $ - $ 3,600
Task 2 Subtotal: 125 290 $ 63,100 $ - $63,100

3.0 Project Completion and Closeout (1 month)

3.1 Punch list and Record Drawings 10 20 $ 4,600 $ - $ 4,600

3.2 Prepare Final Change Order and Payment 4 0 $ 720 $ - $ 720

3.3 Prepare Closeout Documents and Turnover Electronic Project Files 2 0 $ 360 $ - $ 360 Task 3 Subtotal: 16 20 $ 5,680 $ - $ 5,680
$ 69,780
Hours Total 145 312
Hours per week Avg. 10 21
City of Del Mar
Our proposed fee is based on a 100 calendar day project. Dudek will bill only actual hours worked per day on a time and material basis.

NOT-TO-EXCEED GRAND TOTAL:

DUDEK - FEE ESTIMATE
8/27/2024
Construction Management and Inspection Services for Hoska Alley Street and Storm Drain Improvements ATTACHMENT B EXHIBIT A 27 October 7, 2024 Item 08
ATTACHMENT C 28 October 7, 2024 Item 08
ATTACHMENT C 29 October 7, 2024 Item 08
ATTACHMENT C 30 October 7, 2024 Item 08
ATTACHMENT C 31 October 7, 2024 Item 08
ATTACHMENT C 32 October 7, 2024 Item 08
ATTACHMENT C 33 October 7, 2024 Item 08
ATTACHMENT C 34 October 7, 2024 Item 08
ATTACHMENT C 35 October 7, 2024 Item 08
ATTACHMENT C 36 October 7, 2024 Item 08
ATTACHMENT C 37 October 7, 2024 Item 08
ATTACHMENT C 38 October 7, 2024 Item 08
ATTACHMENT C 39 October 7, 2024 Item 08
ATTACHMENT C 40 October 7, 2024 Item 08
ATTACHMENT C 41 October 7, 2024 Item 08
ATTACHMENT C 42 October 7, 2024 Item 08
ATTACHMENT C 43 October 7, 2024 Item 08
ATTACHMENT C 44 October 7, 2024 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Matt Bator, AICP, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: October 7, 2024
SUBJECT: Guiding Principles for Amending Trees, Scenic Views, and Sunlight Regulations
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council receive an informational update and provide feedback and direction regarding proposed guiding principles for amending the City’s Trees, Scenic Views, and Sunlight regulations.

BACKGROUND:

The City Council Work Plan for Fiscal Year 2024-2025 includes updating Del Mar Municipal Code (DMMC) Chapter 23.51, also known as the Trees, Scenic Views, and Sunlight (TSVS) Ordinance, and the City’s Tree Policy Manual and associated code/regulations (DMMC Chapter 23.50) with an overall goal of protecting and enhancing the City’s urban forest tree canopy while managing the City’s wildfire risk.

Staff conveyed that such actions would be time intensive and that, given the amount of special projects under way and staff’s limited capacity at the time, work could not be started on either update until summer of 2024. Given the extended period anticipated to begin work on the updates, City Council requested that staff return with a detailed work plan for the two priority special projects.

On January 8, 2024, staff presented a comprehensive draft work plan to the City Council outlining proposed steps and timing for the completion of both the TSVS and Tree Policy/Regulations updates. The proposed work plan indicated the amendment to the Trees, Scenic Views, and Sunlight Ordinance (DMMC Chapter 23.51) would commence in summer of 2024 and conclude in spring of 2025, and then transition to the Citywide Tree Policy and municipal code amendments to DMMC Chapter 23.50, with anticipated completion by the end of calendar year 2025.

The City Council accepted the work program as presented and directed staff to return with proposed “guiding principles” for amending the TSVS Ordinance. 1 October 7, 2024 Item 09
City Council Agenda Report
TSVS Update – Guiding Principles
October 7, 2024

DISCUSSION:

As directed by the City Council, staff created the following draft guiding principles which will inform the proposed changes to the TSVS Ordinance and process. Staff met with the City Council’s Planning Process Subcommittee (Mayor Druker and Deputy Mayor Gaasterland) as part of this process.

Proposed TSVS Update Guiding Principles:

1. Ensure administration of the new regulations will not overburden City resources (including staff/legal resources);

2. Establish objective application criteria and processing framework;

3. Rely upon precise, objective, and documentable decision findings to reduce appeals and legal challenges to the greatest extent possible;

4. Incorporate a clear and expedited process for applications involving “City” and “Protected” trees;

5. Ensure an equitable cost allocation process to initiate the view restoration process, perform view restoration work, and maintain restored scenic views;

6. Encourage and create a pathway for neighbors to seek an alternative route to successful dispute resolution outside of the City TSVS process;

7. Balance and acknowledge the needs of private view protection with all benefits provided by tree and vegetation growth, the goals of the Climate Action Plan, the goals and provisions of the Design Review process and the City’s tree policies and regulations;

8. Address the applicability of “accidental” views (downed trees, fire impacts, etc.) and “good neighbor” scenic view creation in the context of view rights established by the regulations;

9. Provide an objective balance between the privacy provided by hedges and a neighbor’s established scenic views through consideration of height regulations.

Staff requests the City Council review and provide feedback and direction as to whether any edits or additional principles are determined to be necessary.

Next Steps:

Planning staff began research and data collection activities in August of this year and has since been compiling information pertaining to existing view regulations in other jurisdictions (Attachment A), identifying common implementation issues those jurisdictions have experienced, and how the regulations have been modified and 2 October 7, 2024 Item 09
City Council Agenda Report
TSVS Update – Guiding Principles
October 7, 2024

improved over time. Initial discussions have also been conducted with City Attorney staff regarding the legal vulnerabilities of the City’s existing TSVS regulations and processes, and lessons learned over time.

After commencing the preliminary research for updating the City’s TSVS process, staff determined that enough information exists for the City to successfully complete the update in accordance with the above-proposed Guiding Principles without consultant or special counsel assistance, as was previously proposed in the work plan presented to the City Council in January.

Therefore, following acceptance of Guiding Principles, staff will collaborate with the City Attorney’s Office, seek input from the Council Planning Process Subcommittee when needed, and will begin drafting code amendments that will result in a much-improved TSVS process for residents affected by tree and vegetation growth on neighboring properties. No change in the work plan timeline will result from the change in staff’s approach to this work plan item as discussed above.

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

ENVIRONMENTAL IMPACT: There is no environmental impact to receiving the report.

The proposed City Council action does not constitute a “project” under the definition set forth in the California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is not subject to CEQA.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES: Updating the Trees, Scenic Views, and Sunlight Ordinance is an identified Tier 2 Council priority for Fiscal Year 2024-25.

ATTACHMENTS:

Attachment A – Matrix of Regulation Data from other Jurisdictions 3 October 7, 2024 Item 09
City
Binding Decision
Pathway to
Arbitration
(N
o decision by Jurisdiction)
Views Protected by
Date, O
wnership,
B
oth, or Neither
Processing or Mediation C
ost
Responsibility (Applicant / Tree
Pays Restoration C
ost (Applicant /
Tree O
wner / B
oth)
C
osts Determined During Mediation
or Arbitration
#
of Factors to be C
onsidered
(Findings)
Ord. Addresses City
Trees/Veg.

City
Pro
vides D
ocumentation
Services (Photos by
Staff)
Living Fence (Hedge) Ht. Limits Apply
Arborist Rpt required w/ Submittal
Application Filing Fee
Alameda County X D A A 4 X X
Belvedere X O B 8 X X
Berkley X O A A* 15
Beverly Hills X N A A* 12 X X $23,123
Contra Costa Co. X O B 13
Corte Madera X D A A 9 X X
Culver City X N X 9 X X
Del Mar X B A A 17 $3,280 (x2)
El Cerrito X N X
Hillsborough X O A A X
Laguna Beach X N A A* 8 X X X $1,000 - $2K
Los Altos Hills X B B 4 X
Malibu X X B B* B* 5 X $2,089
Martinez X B B X 17 X X
Oakland X O B 17 X X
Orinda X O B X 7
Piedmont X B B 12 X
Rancho Palos Verdes X D A A 6 X X $5,106
Rolling Hills Estates X B A A 5 X X
Rolling Hills X X D A A 7 $2,250
San Fancisco X N B B 19
Santa Barbara X N A A 21 X X
Sausalito X N A A 10 X $3,275
Tiburon X O B X 9 X
Torrance X N X 4
Ventura X N X 20 X
Westlake Village X O B X 4 X
Clyde Hill Wa. X O A B* 9 X $3,000 **
https://californiaviewlaw.com/resources
JU
RIS
DIC
TIO
N
S

ISSUES RESEARCHED
Jurisdictional
View
Ordinance
Comparison
Chart
* Tree owner pays for on-going mainenance
* *Plus City Attorney and Consult. Costs

ATTACHMENT A
4 October 7, 2024 Item 09
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: October 7, 2024
SUBJECT: Request for Contribution to the North Coastal Clean Air Partnership from County Supervisor Terra Lawson-Remer
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Consider a request from Third District County of San Diego Board Supervisor Terra Lawson-Remer for a contribution to support coastal communities in south San Diego County affected by the Tijuana sewage crisis; and 2) Identify the amount to be provided and amend the Fiscal Year (FY) 2024-2025 Operating and Capital Budget as described in the Fiscal Impact section of this report.

DISCUSSION/ANALYSIS:

Supervisor Terra Lawson-Remer is asking the City of Del Mar, which she represents along with other North County coastal cities, to join a North Coastal Clean Air Partnership to contribute in support of coastal communities in south San Diego County affected by the cross-border Tijuana sewage crisis (Attachment A).

Approximately 50 million gallons of untreated sewage, chemicals, and pollutants from Tijuana, Mexico enter waterways and the ocean in south San Diego County daily. The sewage releases harmful gasses that pose a serious public health risk for residents in the affected communities. The requested funds will be used to purchase air purifiers for households affected by the noxious fumes and represent a critical safety measure to project public health while the region advocates for a long-term solution.

The County of San Diego has already committed $100,000 to purchase and distribute 400 air purifiers. However, the need exceeds this initial allocation. As such, the request from Supervisor Terra Lawson-Remer is for the City of Del Mar to contribute funds along with other coastal cities that would be matched by the County and used to purchase a second round of air purifiers.

Given the City’s lean budget, staff recommends that the City Council consider an amount of $5,000 or less, if the Council decides to proceed with pledging a contribution toward this effort.
1 October 7, 2024 Item 10
City Council Agenda Report
Contribution to North Coastal Clean Air Partnership
October 7, 2024

________________________________________________________________________________________________________ City Council Action:

FISCAL IMPACT:

Approval of this item will require the City Council to amend the FY 2024-25 Operating and Capital Budget based the on amount identified by the City Council, with staff’s recommendation being $5,000 or less, as shown in the table below. *Staff recommendation
ATTACHMENTS:

Attachment A – Letter from Board of Supervisor Terra Lawson-Remer PROGRAM FUND ACCOUNT AMOUNT*
Contributions General Fund 01.5110.3500 $5,000
2 October 7, 2024 Item 10

TERRA LAWSON-REMER

SUPERVISOR THIRD DISTRICT

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
1600 PACIFIC HIGHWAY, ROOM 335, SAN DIEGO, CALIFORNIA 92101-2471 PHONE (619) 531-5533
www.SupervisorTerraLawsonRemer.com
September 24, 2024
Honorable Dave Druker
Mayor of Del Mar
1050 Camino Del Mar
Del Mar, CA 92014
RE: Join the North Coastal Clean Air Partnership: Funding Air Purifiers for South Bay Coastal Communities Affected by the Tijuana Sewage Crisis
Dear Mayor Druker,
I am reaching out to invite you to join a North Coastal partnership aimed at supporting our South Bay coastal community neighbors urgently in need of additional air purifiers due to the Tijuana sewage crisis.

We all know that air and ocean water know no boundaries and that this crisis impacts communities up and down our coast. To share our commitment to clean air and a clean environment, my office will match any contributions from your city on a 1:1 basis to enhance the impact of this initiative.

San Diegans have a strong commitment to protecting clean air and water along our beautiful coastlines.

However, the ongoing Tijuana sewage crisis sees approximately 50 million gallons of untreated sewage, chemicals, and pollutants flowing into our waterways daily, severely compromising water quality and public health. Recent data shows that harmful gasses such as hydrogen sulfide (H2S) are also being released, posing serious public health risks at higher concentrations including respiratory issues, nausea, and even neurological harm. Air purifiers are recommended as a critical stopgap measure to protect public health while we push for long-term infrastructure solutions.

In September, the County of San Diego committed $100,000 to distribute 400 air filters, but the demand far exceeds this initial allocation. I invite your city to help me expand this initiative by pledging funding contributions. My office will provide a 1:1 match, ensuring that every dollar goes twice as far in protecting the public from these pollutants.

Let us unite as coastal communities, demonstrating our shared commitment to environmental justice and public health. Please feel free to reach out for more details or to discuss how your city can contribute.

Thank you for your partnership and leadership.

Sincerely,
Attachment A 3 October 7, 2024 Item 10

TERRA LAWSON-REMER

SUPERVISOR THIRD DISTRICT

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
1600 PACIFIC HIGHWAY, ROOM 335, SAN DIEGO, CALIFORNIA 92101-2471 PHONE (619) 531-5533
www.SupervisorTerraLawsonRemer.com
Terra Lawson-Remer
County Supervisor, Third District
CC: Del Mar City Manager Ashley Jones
Attachment A 4 October 7, 2024 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Sarah Krietor, Administrative Services Manager
Wendy House, Assistant City Attorney
Via Ashley Jones, City Manager
DATE: October 7, 2024
SUBJECT: City Councilmember Vacancy – Application Review and Interviews REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council review the applications submitted to the City, interview the candidates, and appoint a new Councilmember to serve the remainder of the vacant term beginning October 21, 2024, and expiring in December of 2026; or, alternatively, continue the matter to a future Council meeting and provide direction to staff, as needed.

BACKGROUND:

The Del Mar City Council is comprised of five Councilmembers, each elected to a four-year term. Councilmembers serve at-large, meaning there are no Council districts in Del Mar.

Effective September 24, 2024, there is one vacancy on the Council due to the resignation of Dwight Worden, whose term was scheduled to expire in December 2026.

In accordance with State law, the City Council may make an appointment or call for a special election to fill the vacancy within 60 days of the effective date of the vacancy, which is Saturday, November 23, 2024. (California Government Code Section 36512).

On September 9, 2024, the City Council reviewed options for filling the vacancy and voted to proceed with an appointment process. If no appointment is made by November 23, 2024, the position will remain vacant, and the vacancy will be filled at the next regularly scheduled election in November 2026.

DISCUSSION/ANALYSIS:

In accordance with Council direction, staff advertised the vacancy from September 10 through September 27, 2024. Recruitment efforts included sending out e-blasts and advertising the vacancy in the Del Mar Weekly, publishing a Notification of City Council Vacancy in the Coast News, and posting on the Del Mar City Council and Committee Vacancy webpages.

During the open application period, the City received three applications from Del Mar registered voters, which are included as Attachment A for the Council’s review and consideration.
1 October 7, 2024 Item 11
City Council Agenda Report
City Councilmember Vacancy – Application Review and Interviews October 7, 2024

The following qualified candidates, who are listed in alphabetical order by last name, timely submitted applications to the City:
 Ted Bakker
 Jeff Sturgis
 Adam Wallace
There are no established City procedures for filling a Councilmember vacancy. Per Council direction on September 9, 2024, the City is following a similar procedure used to appoint members to the City’s Design Review Board and Planning Commission as specified in City Council Policy 200 - City Council Advisory Committees, Board and Commissions. The process is: Council reviews the applications, publicly interviews the applicants, receives public comment, and votes on the appointments. For privacy reasons, the individual candidates are not discussed by the Council prior to voting.

An applicant requires an affirmative vote from a majority of those present and voting to be appointed to the Council.

If an appointment is made on October 7, 2024, the oath of office would be administered to the candidate at the start of the next regular City Council meeting on October 21, 2024, after which the sworn-in Councilmember would immediately begin their term. The appointed successor Councilmember will serve the remainder of the vacant term through December 2026.

If no candidate receives an affirmative vote from a majority of the Councilmembers voting in the appointment process, the Council may take one of the following alternative steps:
 Vote again;
 Direct staff to re-open the recruitment process to solicit additional interest and reconsider the appointment at a future Council meeting held on or before November 23, 2024; and/or
 Call for a special election to take place in March of 2025.

If the Council does not take any action to fill the vacancy before November 23, 2024, the seat will remain vacant until the next regularly established General Municipal Election in November 2026. Considerations related to leaving the seat vacant include ensuring City representation at the high volume of local and regional committee meetings and other community engagement obligations, as well as potential voting complications, including the possibility of future tie votes with a four-member Council.

FISCAL IMPACT:

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

ATTACHMENTS:

Attachment A – Candidate Applications for City Councilmember Vacancy 2 October 7, 2024 Item 11
3 October 7, 2024 Item 11
4 October 7, 2024 Item 11
5 October 7, 2024 Item 11
6 October 7, 2024 Item 11
7 October 7, 2024 Item 11
8 October 7, 2024 Item 11

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

DEL MAR CITY COUNCIL APPLICATION
I. APPLICANT INFORMATION
Last Name First Name Middle Initial
Home Street Address* City, State
Business Street Address (if applicable) City, State
Cell Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
Qualifications for appointment and/or reasons for application (attach additional pages as needed):

Education:

Relevant Experience (job or volunteer, etc.):

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:
*Applicants are required to provide a physical residency address. Mailing addresses or Post Office boxes will not be accepted. The City will maintain all residency addresses strictly confidential.

Wallace Adam Del Mar, CA
With over 20 years of experience as a strategy and operations executive, I have developed a deep understanding of leadership, organizational transformations, and strategic planning across a wide variety of industries, including energy, technology, and healthcare. Currently, I serve as a COO where I oversee complex organizational operations and work closely with leadership teams to ensure alignment and the achievement of strategic goals.

MFA in Technical Production from University of Delaware (Recruited on a full academic scholarship and stipend to the three-year graduate conservatory) BS in Managment from MTSU
AA in Pre-Law from Vol-State (completed at age 18)
My background also includes driving large-scale performance interventions on some of the world’s largest megaprojects, working with fortune 100 leadership teams to execute busness strategy pivots. These experiences have honed my ability to navigate complex challenges and guide organizations through periods of transformation. My track record in these areas demonstrates achieving long-term success while balancing diverse stakeholders N/A
9 October 7, 2024 Item 11

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference**:

NAME STREET NAME (no house
number)
Phone Number
**IMPORTANT: Due to Brown Act limitations that restrict communications between Councilmembers regarding upcoming actions of the City Council, please do not include a current sitting Councilmember as a reference for your appointment.

Residency:

Month Year
I have been a resident of California since:

I have been a resident of San Diego County since:

I have been a resident of Del Mar since:

Are you a full-time or part-time resident of Del Mar? ☐ Full-time ☐ Part-time Is Del Mar your primary place of residence? ☐ Yes ☐ No
Are you a registered voter in Del Mar? ☐ Yes ☐ No
Are you able to meet the time commitment (approx. 40 hrs/month) ☐ Yes ☐ No required of City Councilmembers?
Additional Information: Please provide any additional information that you think is important for the Council to take into consideration regarding your potential appointment to serve on the City Council.

Additional pages can be attached as needed.

TGN Consulting - Board Member
Collective Equities - Investment Committee
SME for Critical Task Forces at ExxonMobil, Cisco, Salesforce, Fluor among many others Bobby Ocampo Stratford Ct Bill Gerhard Ocean Ave (Fmr.) Beth McGinty 10th St Jan 2023 Jan 2023 Jan 2023 ✔ ✔
✔
✔
I am particularly motivated to apply for the Del Mar City Council because of my strong passion for community development. I believe my ability to lead cross-functional teams, resolve complex issues, and drive strategic outcomes can greatly benefit the council in advancing the city's initiatives. Moreover, I have experience working across sectors with a variety of stakeholders, from the worlds largest captial projects to sorting our misaliment and viable path forwars among the largest unions in the USA, all has provided me with a keen understanding of how to build consensus and create sustainable strategies. My commitment to fostering collaboration, transparency, and community engagement aligns with the values I see as integral to this position.
10 October 7, 2024 Item 11

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law III. ADDITIONAL QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.

What are your top priorities/goals for serving on the City Council? What do you see as the biggest issues or challenges facing the City of Del Mar? IV. SIGNATURE AND ACKNOWLEDGEMENT
By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. __________________________
Signature Date
Within one (1) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
1) My primary goal is to support Del Mar in fostering sustainable growth while preserving the city’s unique character and natural beauty. I aim to contribute to initiatives that attract businesses and investments to Del Mar while ensuring that development aligns with the community's long-term vision and environmental values. Enhancing Infrastructure that meet the needs of a growing population and a dynamic economy. 2) Preserving Del Mar’s charm and quality of life is of paramount importance to me. This includes protecting open spaces, addressing housing needs, and ensuring responsible land use policies that reflect the values of our community.
3) Advancing Public Safety and Emergency Preparedness This includes supporting proactive measures to address safety, fire prevention, and disaster preparedness. I understand the importance of having a well-coordinated response plan and ensuring the city is equipped to handle potential emergencies efficiently and effectively.

Sustainable Development and Growth Management - One of the most significant challenges facing Del Mar is how to balance growth with the preservation of its unique coastal charm and environment. As more people are drawn to this beautiful city, the pressure on housing, infrastructure, and resources will grow. The city needs to develop long-term strategies to manage this growth in a sustainable and responsible way, ensuring that development projects align with the community's values and the natural environment is preserved. This requires smart urban planning, thoughtful land-use policies, and careful attention to maintaining the delicate balance between growth and quality of life.

My wife and I have chosen Del Mar to raise our son Ronan, 3 years old, so the perspective taking on this is very personal and practical.
09/27/2024
11 October 7, 2024 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Sarah Krietor, Administrative Services Manager
Via Ashley Jones, City Manager
DATE: October 7, 2024
SUBJECT: Coordination of Council Local and Regional 2024 Meeting Coverage REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Review and discuss the local and regional meetings for the remainder of the 2024 calendar year (Attachment A) to ensure adequate coverage and make interim appointments if needed; 2) Consider appointment of former Councilmember Worden to serve as the City’s representative to the METRO JPA Board through the end of 2025; and 3) Consider whether to make primary and alternate appointments to the Regional Solid Waste Association now or as part of the 2025 Council appointments.

BACKGROUND:

There is a current vacancy on the City Council due to the resignation of Dwight Worden, which went into effect on September 24, 2024. Former Councilmember Worden served as the City’s representative or alternate to fourteen local and regional organizations, some of which will be meeting prior to the end of the calendar year and may need to be covered by other Councilmembers. The City’s practice is to have two Councilmembers, or a Councilmember and an alternate, assigned to each committee or group to ensure adequate meeting coverage.

The 2024 Local and Regional Appointments are attached (Attachment B) with the appointments impacted by Mr. Worden’s resignation highlighted in yellow.

Consistent with standard practice, the City Council is expected to approve its 2025 Local and Regional Appointments in January 2025. In the interim, staff prepared a table reflecting upcoming local and regional meetings that may impacted by the current Council vacancy (Attachment A). The table shows each committee or group, upcoming meeting date and time, location, and the remaining assigned Councilmember.

DISCUSSION/ANALYSIS:

Staff recommends the City Council review and discuss the potentially impacted local and regional meetings for the remainder of the calendar year and determine whether the remaining assigned Council liaison(s) can cover the meeting(s) or if another Councilmember should be designated to attend.
1 October 7, 2024 Item 12
City Council Agenda Report
Local and Regional Meeting Coverage Coordination
October 7, 2024

Local Appointments
City Advisory Committees/Council Subcommittees/Community Organizations Adequate coverage is especially important for Del Mar advisory committees, whose volunteers depend on Council liaison support to keep committee and City business moving forward. There are four City advisory committees that are impacted by Councilmember Worden’s resignation as reflected in Attachment A. Additionally, there are now vacancies on the Council HR Subcommittee and Del Mar Community Connections.

Regional Appointments
There are seven regional appointments that are impacted by former Councilmember Worden’s resignation including the 22nd District Agricultural Association (Community Relations Committee), Clean Energy Alliance, League of California Cities (San Diego Chapter), League of California Cities (Coastal Cities), METRO Commission Joint Powers Authority (JPA), Regional Solid Waste Association (RSWA), San Dieguito River Valley Regional Open Space Park JPA, and San Diego Association of Governments (SANDAG) Shoreline Preservation Working Group. Of those, the Council is unable to appointment anyone to serve on the League of CA Cities Coastal Cities Group, due to Cal Cities President being the body that makes appointments to this group. Unless another Del Mar representative is appointed by the Cal Cities President it will be removed from the list for 2025.

METRO Commission JPA
Like the San Diego County Water Authority (SDCWA) Board of Directors, the METRO Commission JPA allows residents to serve as the City’s appointed board representative.

METRO staff and at least one member of the METRO JPA Board have reached out to request that former Councilmember Worden consider serving in an appointed citizen capacity should the Council so choose to appoint him to this role. It should be noted that this appointment comes with a $150 stipend per meeting.

Given the depth of his knowledge and upcoming work with staff to modify the City’s agreements to reflect the City’s current use of the METRO system, it is recommended that the Council consider appointment of former Councilmember Dwight Worden to serve as a representative of the City on the METRO JPA Board through the end of 2025.

Regional Solid Waste Association (RSWA)
Lastly, Councilmembers Dan Quirk (primary) and Dwight Worden (alternate) were assigned as representatives to the Regional Solid Waste Association (RSWA) for 2024. With Councilmember Worden’s resignation from Council, and Councilmember Quirk’s subsequent resignation from RSWA, the City currently has no appointed representation to RSWA. The RSWA bylaws only allow elected officials to serve as voting members, so appointments are limited to Councilmembers. It should be noted that this appointment comes with a $150 stipend per meeting.

The next RSWA meeting is not scheduled until January 2025. So, Council may wish to make an interim appointment to attend any special RSWA meetings that may be scheduled or has the option leave the assignment vacant until 2025 appointments are made. 2 October 7, 2024 Item 12
City Council Agenda Report
Local and Regional Meeting Coverage Coordination
October 7, 2024

FISCAL IMPACT:

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

ATTACHMENTS:

Attachment A – Impacted Remaining 2024 Local and Regional Meetings Table Attachment B – 2024 Local and Regional City Council Appointments 3 October 7, 2024 Item 12
Impacted Remaining 2024 Local and Regional Meetings
Local/Regional
Organization
Meeting Date and Time Location Remaining
Council Liaison(s)
Finance Committee TBD Del Mar Town Hall Dave Druker
Lagoon Committee 10/16/2024 5pm Del Mar Town Hall Dan Quirk Traffic and Parking
Advisory Committee
10/15/2024 5pm Del Mar Town Hall Dan Quirk
Sustainability
Advisory Committee
10/28/2024 5pm Del Mar Town Hall Tracy Martinez
HR Subcommittee Meets as needed Del Mar City Hall Dave Druker Del Mar Community
Connections
11/1/2024 10am
12/6/2024 10am
Del Mar Community
Building
Tracy Martinez
22nd District
Agricultural Assoc.

Community
Relations Committee
12/17/2024 10:30am 22nd District Agricultural
Assoc. Board Room
(2260 Jimmy Durante
Blvd, Del Mar)
Tracy Martinez
Clean Energy
Alliance
10/31/2024 2pm
11/21/2024 2pm
Oceanside City Hall
(300 North Coast Hwy,
Oceanside)
Dave Druker
(Primary)
League of California
Cities – SD Chapter
10/17/2024 11:30am-1pm
12/9/2024 11:30am-1pm
Four Points Sheraton
Hotel (8110 Area Drive,
San Diego)
Dave Druker
(Primary)
METRO Commission 11/7/24 12pm
12/5/24 12pm
MOC II Auditorium
(9192 Topaz Way, San
Diego)
Dan Quirk
(Alternate)
Regional Solid
Waste Authority
No meetings planned for
remainder of 2024
None
San Dieguito River
Valley Regional
Open Space Park
10/18/2024 11am
11/15/2024 11am
12/13/2024 11am
San Diego County
Administrative Center
(1600 Pacific Hwy, San
Diego)
Dan Quirk
(Primary)
SANDAG Shoreline
Preservation
Working Group
12/5/24 11:30am SANDAG (401 B Street,
Suite 800)
Terry Gaasterland
Tracy Martinez (1st &
2 nd Alternates)
4 October 7, 2024 Item 12

DEL MAR CITY COUNCIL
2024 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 8, 2024, revised March 19, 2024. 1 CITIZEN ADVISORY COMMITTEES (Citizen Advisory Committee meeting dates and times are available on the City’s Public Meeting Calendar at https://www.delmar.ca.us/calendar.aspx?CID=14) Committee Council Liaisons
Arts Advisory Committee
Meets Quarterly Dave Druker VACANT
Finance Committee
Meets Quarterly Dave Druker VACANT
Measure Q Citizen Oversight Committee
Twice per year or as-needed Terry Gaasterland Dan Quirk Parks & Recreation Committee
Meets Quarterly Tracy Martinez Terry Gaasterland
Lagoon Committee
Meets Quarterly Dan Quirk VACANT
Shores Advisory Committee
On Hold
Sustainability Advisory Committee
Meets Quarterly Tracy Martinez VACANT
Traffic and Parking Advisory Committee (TPAC)
Meets Quarterly Dan Quirk VACANT
Undergrounding Project Advisory Committee
Meets Quarterly Terry Gaasterland Dave Druker
5 October 7, 2024 Item 12

DEL MAR CITY COUNCIL
2024 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 8, 2024, revised March 19, 2024. 2 COUNCIL SUBCOMMITTEES (The following Council subcommittees meet to discuss specific topics or special projects and/or meet intermittently to interact with staff, as needed) Subcommittee Council Liaisons
Housing Subcommittee Terry Gaasterland Tracy Martinez
Human Resources Subcommittee Dave Druker VACANT
Del Mar Railroad Subcommittee
*Same liaisons as SANDAG Board Dave Druker Terry Gaasterland Planning Process Subcommittee
*On-hold, pending charter review Dave Druker Terry Gaasterland Sea-Level Rise Adaptation Plan Implementation
Subcommittee Terry Gaasterland Tracy Martinez
Clean Water Rate Project
On Hold
Legislative Subcommittee*
* Members serve 2-year terms Terry Gaasterland Tracy Martinez

COMMUNITY ORGANIZATIONS
Organization Council Liaisons
Del Mar Community Connections Tracy Martinez VACANT
Del Mar Village Association Terry Gaasterland Tracy Martinez Del Mar Non-Profits Quarterly Meetings Mayor Deputy Mayor 6 October 7, 2024 Item 12

DEL MAR CITY COUNCIL
2024 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 8, 2024, revised March 19, 2024. 3

REGIONAL ORGANIZATIONS
Organization Primary Alternate
22nd District Agricultural Association – Community
Relations Committee
3 rd Tuesday/month at 10:30 a.m.

Tracy Martinez
VACANT
There are two primary
liaisons and no
alternate
Clean Energy Alliance Joint Powers Authority (JPA)
4 th Thursday at 2:00 p.m.
(Except November and December) Dave Druker VACANT
CSA-17 Ambulance District Adv. Board
Meets quarterly at 4:00 p.m. – As-needed
1 st Tuesday (Feb/May/Aug/Nov). This board oversees
ambulance services in Del Mar, Encinitas, Solana
Beach, and Rancho Santa Fe.

Tracy Martinez Dan Quirk
Fire Governance Board (Solana Beach, Del Mar,
Encinitas) Tracy Martinez Dave Druker
LAFCO Cities Advisory Committee
Meets intermittently City Manager Assistant City Manager League of California Cities – San Diego Chapter
Meets the 2nd Monday of the month Mayor VACANT
League of California Cities – Coastal Cities Group No Del Mar Rep METRO Commission/ METRO Wastewater JPA*
1 st Thursday/month at Noon VACANT Dan Quirk
North County Transit District*
Regularly meets 3rd Thursdays Tracy Martinez Dave Druker Regional Solid Waste Association (RSWA)*
Quarterly or as-needed VACANT VACANT
San Diego County Water Authority*
Meets Monthly – 4
th Thursday
Appointed 3/12/2023
Mel Katz City Manager
7 October 7, 2024 Item 12

DEL MAR CITY COUNCIL
2024 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 8, 2024, revised March 19, 2024. 4 Organization Primary Alternate
San Dieguito River Valley Regional Open Space Park
(JPA) – Exec. Committee
Meets monthly on the 3rd Friday -
11:00 a.m. usually at County Admin. Bldg.
(Usually only meets 6-8 times/year)
Dan Quirk VACANT
SANDAG Board of Directors*
Meets 2nd at 10:00 a.m. & 4th at 9:00 a.m. Fridays
Terry Gaasterland Tracy Martinez (1st)
Dave Druker (2nd)
SANDAG LOSSAN Executive Task Force Dave Druker Terry Gaasterland SANDAG Shoreline Preservation Working Group
Meets quarterly, 1st Thurs - 11:30 a.m.

VACANT Terry Gaasterland (1st)
Tracy Martinez (2nd)
SANDAG Committees- Appointments by North County Coastal Region SANDAG Borders Committee*
Meets 4th Friday- 1:00 p.m. Terry Gaasterland No Del Mar Rep.

SANDAG Regional Planning Committee*
Meets every other month at 1:00 p.m.

Tracy Martinez No Del Mar Rep.
*Receives stipend.
8 October 7, 2024 Item 12