Table of Contents
10-21-2024 Regular Meeting Agenda .pdf
Item 2 - STRACNET and LOSSAN Corridor IP - Final Approved.pdf Item 3 - Blue City Network Certification.pdf
Item 4 - Draft Action Minutes Regular Meeting 10-7-2024.pdf Item 5- 2024.10.21 List of Demands Packet.pdf
Item 7- As Needed CM Services Contract.pdf
Item 8 - As Needed FOG Services Contract.pdf
Item 9 - Finance Committee Appointment.pdf
Item 10 - DRB Appointments.pdf
Item 11 - City Council Vacancy.pdf
Item 12 - 2025 Council Meeting Schedule.pdf
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Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.
Regular Meeting
Monday, October 21, 2024 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings in-person or via written comment (Red Dot). Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda.
Members of the public wishing to speak on items not on the agenda may do so under Public Oral Communications. Agenda items may be addressed in any order at the discretion of the Mayor. When addressing the Council, please state your name for the record. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.
In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record.
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.
Remote Participation: Due to technical issues, remote participation will not be offered at this City Council meeting.
Viewing the Meeting and Access to Agenda Materials: Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM. Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website:
http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at Del Mar City Hall and the Del Mar Library during their business hours.
Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.
Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Dave Druker
Mayor
Terry Gaasterland
Deputy Mayor
Tracy Martinez
Council Member
Dan Quirk
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting October 21, 2024
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.
Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.
V. COMMUNITY ANNOUNCEMENTS
VI. CITY MANAGER’S REPORT
VII. PRESENTATIONS
1. Lithium Ion Battery Safety Presentation
Recommended Action: Receive a presentation from Fire Chief Josh Gordon.
Reference: Clerk’s File No. 1101-1, 1101-8
2. Presentation Regarding Military Use of the LOSSAN Corridor Recommended Action: Receive a presentation from Chief Daniel Zedack, Railroads for National Defense Program regarding the military use of the LOSSAN Corridor.
Reference: Clerk’s File No. 1005-2
3. Blue City Network Certification Presentation
Recommended Action: Receive a presentation from Project O recognizing Del Mar as a certified Blue City, presented by Director of Blue City Network Evelina Marchetti, Special Projects and Program Manager Kaitlyn Elliott-Norgrove, and City Intern Charlotte Sach.
Del Mar City Council Regular Meeting October 21, 2024
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 1403-4
VIII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk.
4. Approval of Minutes: October 7, 2024 Regular Meeting Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
5. Ratification of List of Demands, dated October 21, 2024 Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
6. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.
Reference: Clerk’s File No. 401-4
7. Approval of Professional Services Agreements for As-Needed Construction Management and Inspection Services
Recommended Action: Staff recommends that the City Council: 1) Approve Professional Service Agreements with Dudek (Attachment A) and Ardurra Group, Inc. (Attachment B) to provide as-needed construction management and inspection services for an initial three-year period effective November 1, 2024, through October 31, 2027; and 2) Authorize the City Manager to execute the agreements and subsequent amendments.
Reference: Clerk’s File No. 406-1
8. Approval of Professional Services Agreement for As-Needed Fats, Oil, and Grease Program Services
Recommended Action: Staff recommends that the City Council: 1) Approve the Professional Service Agreement with Mikhail Ogawa Engineering, Inc. (Attachment A) to provide as-needed fats, oil, and grease program services for an initial three-year period effective November 1, 2024, through October 31, 2027; Del Mar City Council Regular Meeting October 21, 2024
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us and 2) Authorize the City Manager to execute the agreement and subsequent amendments.
Reference: Clerk’s File No. 406-1
9. Finance Committee Appointment
Recommended Action: The City Council Liaisons to the Finance Committee recommend the City Council appoint John Fry as a voting member to the Finance Committee to serve a full three-year term effective October 21, 2024, and ending on October 31, 2027.
Reference: Clerk’s File No. 401-5
IX. COMMISSION AND COMMITTEE INTERVIEWS
10. Design Review Board Interview and Appointment
Recommended Action: Staff recommends that the City Council review the Citizen Interest Forms (Attachment A), interview the applicants, and consider appointment of one resident to serve as a voting member on the Design Review Board for a full four-year term effective November 10, 2024, and expiring on November 30, 2028.
Reference: Clerk’s File No. 401-5
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS
11. City Councilmember Vacancy – Application Review and Interviews TIME CERTAIN 6:00 P.M.
Recommended Action: 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 November 18, 2024, and expiring in December of 2026; or, alternatively, continue the matter to a future Council meeting and provide direction to staff, as needed.
Reference: Clerk’s File No. 401-1
12. Adoption of the 2025 City Council Meeting Schedule
Recommended Action: Staff recommends that the City Council adopt the Resolution (Attachment A) approving the 2025 City Council Meeting Schedule Del Mar City Council Regular Meeting October 21, 2024
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us (Exhibit A to Attachment A) or provide direction to staff regarding changes to the proposed schedule.
Reference: Clerk’s File No. 401-1
XII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.
A. Clean Energy Alliance JPA (CEA) Board of Directors (Druker) B. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) C. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Martinez/Druker) D. League of California Cities – San Diego Chapter (Martinez) E. League of California Cities – Coastal Cities Group
F. North County Transit District (NCTD) (Martinez/Druker) G. Regional Solid Waste Association
H. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Druker)
I. SANDAG Borders Committee (Gaasterland)
J. SANDAG Regional Planning Committee (Martinez)
K. SANDAG Shoreline Preservation Working Group (Gaasterland/Martinez) L. SANDAG LOSSAN Executive Task Force (Druker/Gaasterland) M. San Diego Metropolitan Wastewater Commission/JPA (Worden/Quirk) N. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Quirk)
O. Other Regional Organization Reports
XIII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A. Arts Advisory Committee (Druker)
B. Clean Water Rate Project
C. Del Mar Community Connections (Martinez)
D. Del Mar Village Association (Gaasterland/Martinez)
E. Finance Committee (Druker/Gaasterland)
F. Housing Subcommittee (Gaasterland/Martinez)
G. Human Resources Subcommittee (Druker/Martinez)
H. Legislative Subcommittee (Gaasterland/Martinez)
I. Measure Q Citizen Oversight Committee (Gaasterland/Quirk) J. Parks and Recreation Committee (Martinez/Gaasterland) K. Del Mar Railroad Committee (Druker/Gaasterland)
L. Lagoon Committee (Quirk)
M. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
N. Shores Advisory Committee
O. Sustainability Advisory Committee (Martinez)
Del Mar City Council Regular Meeting October 21, 2024
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us P. Traffic and Parking Advisory Committee (Quirk)
Q. Undergrounding Project Advisory Committee (Druker/Gaasterland) R. Other Committee-Subcommittee Reports
XIV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.
November 18, 2024
Amendments to Reclaimed Water Agreements with San Elijo JPA and 22nd District Agricultural Association (tentative)
Kleinfelder Amendment 7 for CDM Bridge Design & Constructability Review Services Agreement for Investment Advisory Services
Contracts for As-Needed Shoreline Management Services (tentative) Contract with Redflex for Traffic Signal Enforcement Cameras Undergrounding Financing Analysis - NHA Advisors
Final Council Action Related to Filling of Council Vacancy (Tentative) XV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 16th day of October, 2024 at approximately 11:00 a.m.
___________________________________________ 10/16/2024
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
DEPARTMENT OF THE ARMY
MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND
1 SOLDIER WAY
SCOTT AIR FORCE BASE, ILLINOIS 62225-5006
22 February 2024
Mr. Omar Atayee
Acting Director of Engineering and Construction
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
Dear Mr. Atayee:
Per your request, the Military Surface Deployment and Distribution Command Transportation Engineering Agency, Railroads for National Defense Program provides the attached information paper detailing the defense equities of the LOSSAN rail corridor.
Sincerely,
Daniel G. Zedack, P. E.
Chief, Railroads for National
Defense Program
1 October 21, 2024 Item 02
UNCLASSIFIED
UNCLASSIFIED
SUBJECT: DOD Equities in the San Diego-Los Angeles-San Luis Obispo Rail Corridor USTRANSCOM POSITION:
BACKGROUND:
- On behalf of USTRANSCOM, the Railroads for National Defense (RND) program ensures the readiness capability of the national railroad industry to support defense deployment and peacetime needs. Rail transportation is extremely important to the DOD. Heavy tracked vehicles, high volume movements of wheeled vehicles, and bulk shipments of ammunition must use rail to meet contingency deployment timelines between inland installations and seaports of embarkation. - The DOD, in conjunction with the Federal Railroad Administration (FRA), established the Strategic Rail Corridor Network (STRACNET) to ensure DOD’s minimum rail needs are specifically identified and coordinated with appropriate transportation authorities. STRACNET and the associated connectors form a continuous rail line network consisting of over 41,000 miles of railroad lines serving over 140 defense sites and both military and commercial Strategic Seaports.
- The STRACNET is assessed and updated for sufficiency on a 5-year cycle, with the most recent update published in June 2023. This update concluded that STRACNET, and the nation’s rail lines overall, are in acceptable defense readiness condition and are prepared to meet military needs.
Defense readiness considerations include rail network maintenance condition, clearance, and gross weight capabilities. The overall current good health of STRACNET can be attributed to the rail carriers’ ability to effectively manage their network, which was enabled through previous rail industry deregulation.
- The Surface Transportation Board (STB) regulates the railroad industry, including proposed railroad abandonments and mergers. The RND Program monitors all STB rail industry filings (e.g., proposed abandonments and mergers), and, as appropriate, files comments on railroad regulatory matters with a military impact.
- It is DOD policy to integrate defense rail line needs into civil sector policy, plans, standards, programs, and regulations. RND engineers consult with the FRA in the development, planning, construction, retention, rehabilitation, maintenance, and operation of civil sector rail lines as they relate to DOD requirements.
The Railroads for National Defense (RND) Program collaborates closely with public and private sector rail transportation partners to ensure that the railroad industry adequately meets military needs. The Strategic Rail Corridor Network (STRACNET) identifies commercial rail corridors and rail lines with military importance. As a part of STRACNET, the worsening trackbed conditions caused by seaside erosion along the Los Angeles-San Diego rail line is a concern to the DOD. The military relies on this rail line as the only connection between Marine Corps Base Camp Pendleton and the Port of San Diego, a Strategic Seaport, to the rest of the US rail network. The DOD will continue to monitor STRACNET infrastructure and will rely on infrastructure owners and regulators to fulfill their responsibility to ensure common-carrier railroad lines are well-maintained.
2 October 21, 2024 Item 02
UNCLASSIFIED
UNCLASSIFIED
DISCUSSION:
- The rail corridor between San Diego, Los Angeles, and San Luis Obispo, commonly referred to as the LOSSAN corridor, is identified as a defense-important corridor within the STRACNET. This rail line is owned in different sections by BNSF Railway (BNSF), Union Pacific Railroad (UP), and regional commuter rail authorities. Between San Diego and Los Angeles counties, freight service is provided wholly by BNSF via trackage rights over track owned by commuter rail authorities. It is the only functional freight rail connection between the San Diego metro area and the US rail network. There is no alternate rail route to MCB Camp Pendleton or the Port of San Diego, a Strategic Seaport. The LOSSAN rail corridor also serves the Port of Long Beach and Naval Base Ventura County (Port Hueneme), both of which are designated Strategic Seaports, as well as the Port of Los Angeles, a designated alternate commercial Strategic Seaport. - From 2013 to 2023, this corridor carried about 278,000 tons of military cargo by rail to the Port of San Diego. In 2022, the line transported over 500 carloads of DOD equipment, totaling nearly 2,000 pieces of equipment weighing approximately 32,000 tons. The vast majority of this equipment is wheeled and tracked vehicles loaded on flatcars. As a Strategic Seaport, the port serves as a key seaport of embarkation (SPOE) for both peacetime rotations and surge deployments of large military units. The port is well equipped to efficiently load DOD cargo to Military Sealift Command (MSC) and commercial Roll-On/Roll-Off (RORO) vessels. In addition to military benefits, DOD’s use of the port economically benefits the community as the DOD pays for use of port intrastructure and utilizes port labor during onload/offload operations.
US Army soldiers offload M1 Abrams tanks and other military equipment from railcars at the Port of San Diego.
Photo Credit: SDDC TEA
3 October 21, 2024 Item 02
UNCLASSIFIED
UNCLASSIFIED
- For bulk ammunition movements, the DOD largely ships containerized ammunition by rail from inland ammunition depots to designated Military Ocean Terminals or Naval Magazines not located on the LOSSAN rail corridor. These military-owned seaports are specifically designed to store and ship large quantities of bulk ammunition with reinforced holding areas, specially designed vessel docks, and standoff distances to protect surrounding communities. Due to safety requirements, the Port of San Diego has a low capacity of ammunition shipping capability, and is not ideal for shipping large quantities of ammunition.
- As part of normal duties, RND coordinates with BNSF regarding the condition of all BNSFoperated STRACNET rail lines. The Los Angeles-San Diego section of the LOSSAN corridor is consistently a topic of discussion in these forums given the erosion issues in multiple areas along the route. BNSF keeps the military adequately informed of infrastructure status. The recent erosion issues in the San Clemente area triggered several embargos of the rail line, resulting in multi-day outages. Immediate problems were expediently repaired, however, freight trains are currently directed to ‘slow-order’ in certain zones. While not ideal, the recent embargos did not affect military shipments and this corridor remains open for military traffic. - DOD is supportive of actions by infrastructure owners and/or regulators to ensure the long-term viability and capacity of this rail corridor. While there is no DOD funding stream for offinstallation rail projects, RND has provided information on the current defense use of the LOSSAN corridor to local, state, and federal transportation officials in support of infrastructure upgrades.
Specifically, RND has provided letters verifying the defense benefit of projects eligible for federal discretionary grant funding to the North County Transit District (NCTD) and the San Diego Association of Governments (SANDAG). RND has advocated for well-maintained and reliable operation of the corridor to the California State Transportation Agency (CalSTA) and the Surface Transportaion Board (STB). Additionally, RND has provided information on the defense importance of the corridor to the California State Senate Subcommittee on LOSSAN Rail Corridor Resiliency.
BNSF train along San Clemente bluffs hauling military cargo to the Port of San Diego Photo Credit: Mark MacDougall, used with permission
4 October 21, 2024 Item 02
UNCLASSIFIED
UNCLASSIFIED
SUMMARY/RECOMMENDATION:
Through the RND program, USTRANSCOM will continue to monitor the infrastructure condition along the San Diego-Los Angeles-San Luis Obispo rail line and advocate for the defense importance of this corridor. Infrastructure owners and regulators should continue to take action to preserve safe and reliable rail service on this rail corridor. 5 October 21, 2024 Item 02
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Kaitlyn Elliott-Norgrove, Special Projects & Programs Manager Via Ashley Jones, City Manager
DATE: October 21, 2024
SUBJECT: Blue City Network Certification
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council receive a presentation by Project O recognizing Del Mar as a certified Blue City.
BACKGROUND:
The City of Del Mar is receiving recognition as a Blue City by the nonprofit ocean conservation organization Project O. Project O’s Blue City Network is a certification system that recognizes cities, towns, and counties that demonstrate their communities’ commitment to healthy waterways and oceans. Certification involves evaluating the City’s jurisdictional actions to protect the ocean and local waterways. Certified Blue Cities gain access to ocean protection resources provided by environmental nonprofits and governmental agencies.
DISCUSSION/ANALYSIS:
Established by Project O, the Blue City Certification Program provides a data-driven approach to assessing communities’ efforts towards protecting the ocean and local waterways. The intent of this program is to establish a network of cities and counties that are willing to implement, collaborate, and share information on jurisdictional sustainability programs across four Solution Areas: Waste Minimization, Climate Protection and Community Resilience, Water Quality and Efficiency, and Healthy Ecosystems.
The City of Del Mar completed the certification process in August 2024. Charlotte Sach, a Torrey Pines high-school senior who is completing an internship in the City Manager’s Office, was responsible for conducting the research needed to complete the Blue City Network assessment. Over the course of a month, Charlotte completed the eightyquestion assessment document.
The City was not only officially certified as a Blue City by the Blue City Network, but also achieved the status of “Ocean Hero” with 415 points out of a possible 500. The score was 1 October 21, 2024 Item 03
City Council Agenda Report
Blue City Network Certification
October 21, 2024
informed by the City’s many ordinances, policies, and programs, as well as resources from City partners, that benefit the ocean and local waterways. A few examples include:
● The City’s ordinance prohibiting the use, sale, and distribution of balloons filled with a gas lighter than air;
● The City’s partnership with the Del Mar Village Association, which introduced the Del Mar ShoreSaver Program in Spring 2024;
● The “Go Green Del Mar” portion of the City’s website, which provides online resources to residents and businesses to lessen their impact on the environment; and
● City outreach activities on the topics of climate change, waste reduction, sustainability, and other environmental issues, much of which occurs through efforts by the City’s Sustainability Advisory Committee.
As part of the Blue City Network, the City will collaborate with other cities and counties throughout California and receive support from a regional non-profit network on efforts to further protect the ocean. Imperial Beach, Solana Beach, Chula Vista, and Encinitas are also Blue City certified. The City has been recognized as a jurisdiction that prioritizes and protects environmental resources that are necessary for a sustainable future.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item. There is no cost to the City for being certified as a Blue City and participating in the Blue City Network.
ATTACHMENTS:
Attachment A – Blue City Certificate
2 October 21, 2024 Item 03
Your Community. Our Ocean.
Certificate of Recognition
DEL MAR
The Blue City Network does hereby congratulate
as a
certified Blue City
3 October 21, 2024
202
Item 03
4 CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
OCTOBER 7, 2024
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.
CALL TO ORDER
Mayor Druker called the Regular Meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor Dave Druker; Deputy Mayor Terry Gaasterland; Councilmembers Tracy Martinez and Dan Quirk
CITY ATTORNEY CLOSED SESSION REPORT
None.
PLEDGE OF ALLEGIANCE
Senior Management Analyst Kseniia Izgarskaia led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Druker opened public oral communication, and SANDAG Senior Engineer Allie DeVaux gave an update on the Del Mar Bluffs Stabilization Project. Mayor Druker closed public oral communications.
COMMUNITY ANNOUNCEMENTS
Councilmember Martinez reported that the Del Mar Village Winter Taste and Sip event will be held on December 8, 2024, at 1:00 - 4:00 p.m. Tickets for the event are available online through the Del Mar Village Association website. Councilmember Martinez also reported that on October 26, 2024, Del Mar Community Connections will host a Trivia Night fundraiser event.
CITY MANAGER’S REPORT
None.
CONSENT CALENDAR
Senior Management Analyst Kseniia Izgarskaia read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 5. (VOTE 4-0, WITH DEPUTY MAYOR GAASTERLANDER RECUSED FOR ITEM 5)
1 October 21, 2024 Item 04
City Council Regular Minutes
October 7, 2024
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Quirk; Noes:
0; Recuse: Deputy Mayor Gaasterland for Item 5 only; Absent: 0; Abstain: 0.
ITEM 1: APPROVAL OF MINUTES: SEPTEMBER 23, 2024 REGULAR MEETING (CLERK’S
MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED OCTOBER 7, 2024 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 3: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 4: AMENDMENTS TO AS-NEEDED ENVIRONMENTAL CONSULTING SERVICES AGREEMENTS (CLERK’S FILE NO. 406-1)
Council approved the First Amendments to the Agreements with AECOM Technical Services, Inc. (AECOM), Helix Environmental Planning, Inc. (Helix), RECON Environmental, Inc. (RECON), and SWCA Environmental Consultants (SWCA) for AsNeeded Environmental Consulting Services (Amendments) extending the terms for an additional two-year period ending September 30, 2026, and adjusting fees for inflation; and authorized the City Manager to execute the Amendments, on consent.
ITEM 5: ADOPTION OF ORDINANCES TO REPEAL AND REPLACE THE INCLUSIONARY
HOUSING AND CONDOMINIUM CONVERSION REGULATIONS IN DEL MAR MUNICIPAL CODE CHAPTERS 24.21 AND 24.40 AND RELATED AMENDMENTS TO
THE CERTIFIED LOCAL COASTAL PROGRAM FOR THE NORTH COMMERCIAL AND PROFESSIONAL COMMERCIAL ZONING REGULATIONS (CLERK’S FILE NO. 303-1, 401-4, 401-9)
Council adopted Ordinance 1012, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, TO REPEAL AND REPLACE THE DEL MAR MUNICIPAL CODE (DMMC) CHAPTER 24.21 INCLUSIONARY HOUSING REQUIREMENTS AND CHAPTER 24.40 CONDOMINIUM CONVERSION
REGULATIONS TO IMPLEMENT THE 6TH CYCLE HOUSING ELEMENT PROGRAMS 4D AND 4E THROUGH MUNICIPAL CODE AMENDMENTS (A24-001 AND A24-002)”, including the changes read into the record at the introduction hearing identified in strikeout underline format in Attachment B; and adopted Ordinance 1013, “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, TO AMEND DEL MAR MUNICIPAL CODE SECTIONS 30.24.070 AND 30.25.070 AMENDING THE DEL MAR
ZONING CODE AND LOCAL COASTAL PROGRAM TO MAKE MINOR CORRECTIONS
TO THE NORTH COMMERCIAL ZONE AND PROFESSIONAL COMMERCIAL ZONE
DEVELOPMENT STANDARDS RELATING TO INCLUSIONARY HOUSING AS AMENDED BY A SEPARATE ORDINANCE FOR IMPLEMENTATION OF 6TH CYCLE HOUSING ELEMENT PROGRAMS 4D (INCLUSIONARY HOUSING REGULATIONS) AND 4E (CONDOMINIMUM CONVERSION REGULATIONS)” to make minor corrections for consistency with the citywide regulations, on consent. 2 October 21, 2024 Item 04
City Council Regular Minutes
October 7, 2024
PUBLIC HEARING
ITEM 6: SAN DIEGUITO DRIVE IMPROVEMENTS PROJECT CEQA DETERMINATION AND DISCRETIONARY PERMITS (CLERK’S FILE NO. 901-4)
Mayor Druker opened the public hearing for this item. There was no staff presentation or Council discussion. There were no public speakers. Mayor Druker closed the public hearing for this item.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO ADOPT A RESOLUTION APPROVING DESIGN REVIEW PERMIT (DRB24-0074), LAND CONSERVATION PERMIT (LC24-006), CONDITIONAL USE PERMIT (CUP24-004), COASTAL DEVELOPMENT PERMIT (CDP24-024), AND TREE REMOVAL PERMIT (TRP24-012) TO IMPROVE SAN DIEGUITO DRIVE TO PUBLIC ROAD STANDARDS. (VOTE 3-1) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmember Martinez; Noes:
Councilmember Quirk; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 7: UTILITY UNDERGROUNDING DISTRICT X1A (CREST CANYON) - APPROVAL OF DESIGN REVIEW PERMIT (DRB24-003), CONDITIONAL USE PERMIT (CUP24-003), AND COASTAL DEVELOPMENT PERMIT (CDP24-020); ACCEPTANCE OF GRANT DEED OF EASEMENTS FOR SDG&E; GRANT OF EXEMPTION FOR 1810 SAN DIEGUITO DRIVE; AND APPROVAL OF TASK ORDER AMENDMENT FOR UTILITY SPECIALISTS SOUTHWEST, INC. (CLERK’S FILE NO. 1001-2)
A presentation was provided by Principal Engineer Martin Boyd and Associate Planner Jennifer Gavin.
Council questions focused on whether the subject location for the potential exemption was located on the public or private portion of Oribia Road; estimated costs for the homeowner to install their lateral line and how that compares to what other homeowners typically pay; and whether other potential locations for the subject lateral were explored. There were no public speakers or Council discussion for this item.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO: 1) ADOPT A RESOLUTION APPROVING DESIGN REVIEW PERMIT (DRB24-003), CONDITIONAL USE PERMIT (CUP24-003), AND COASTAL DEVELOPMENT PERMIT (CDP24-020)
FOR THE UNDERGROUNDING OF UTILITY LINES, REMOVAL OF UTILITY POLES, INSTALLATION
OF ABOVE GRADE UTILITIES, AND RELATED CONSTRUCTION OF TRENCHES AND GRADING LOCATED WITHIN THE UNDERGROUND UTILITY DISTRICT X1A (CREST CANYON) (ATTACHMENT A); 2) APPROVE A RESOLUTION GRANTING EASEMENTS FROM THE CITY TO
SDG&E WHICH CONCERN CITY PROPERTIES LOCATED ALONG SAN DIEGUITO DRIVE AND RACETRACK VIEW DRIVE (APN: 299-200-72-00) AND 15TH STREET (APN: 299-260-45-00) (ATTACHMENT B); 3) APPROVE A RESOLUTION GRANTING AN UNDERGROUND UTILITY EXEMPTION ALLOWING 1810 SAN DIEGUITO DRIVE (APN: 299-200-71-00, 299-200-09-00, AND 299-200-10-00) TO MAINTAIN TWO OVERHEAD ELECTRIC POLES AND RELATED COMMUNICATION FACILITIES (ATTACHMENT C); 4) APPROVE A $57,755 TASK ORDER AMENDMENT WITH UTILITY SPECIALISTS SOUTHWEST, INC. FOR ADDITIONAL PRECONSTRUCTION SERVICES FOR UUD X1A (ATTACHMENT D); 5) AFFIRM THE DETERMINATION
THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15302(D) (CLASS 2) AND 15304 (CLASS 4); AND 6) AUTHORIZE THE CITY MANAGER TO EXECUTE THE REFERENCED EASEMENT GRANTS AND TASK ORDER AMENDMENT ON BEHALF OF THE CITY. (VOTE 4-0) 3 October 21, 2024 Item 04
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October 7, 2024
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Quirk; Noes:0; Recuse: 0; Absent: 0; Abstain: 0.
CITY COUNCIL OTHER BUSINESS
ITEM 8: AWARD OF CONSTRUCTION CONTRACT TO BERT W. SALAS, INC. AND RELATED
ACTIONS FOR THE HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS PROJECT (CLERK’S FILE NO. 406-1, 803-3)
A presentation was provided by Principal Engineer Martin Boyd, and Public Works Director Joe Bride was available to answer questions. Council questions focused on the bid process and costs for the project; current conditions and the location and scope of the work that will be completed as part of the project; whether design of the project includes creation of a walkable path for the entirety of the alley.
There were no public speakers for this item. Council expressed appreciation for staff’s work on this the project, and noted that the project received a high number of bids, including bids below the engineer’s estimate.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO: 1) AWARD A $441,796.50 CONSTRUCTION CONTRACT TO BERT W. SALAS, INC. (ATTACHMENT A) FOR THE HOSKA ALLEY STREET AND STORM DRAIN IMPROVEMENTS PROJECT; 2) AWARD A $69,780 TASK ORDER TO DUDEK FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (ATTACHMENT B); 3) APPROVE A 10% PROJECT CONTINGENCY OF $51,423; 4) AUTHORIZE THE CITY MANAGER TO EXECUTE THE REQUIRED DOCUMENTS AND ANY CONTRACT CHANGES NECESSARY TO COMPLETE THE WORK; AND 5) AMEND THE FISCAL YEAR 2024-2025 OPERATING AND CAPITAL BUDGET AS DESCRIBED IN THE FISCAL IMPACT SECTION OF THIS REPORT. (VOTE 4-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Quirk; Noes:0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 9: GUIDING PRINCIPLES FOR AMENDING TREES, SCENIC VIEWS, AND SUNLIGHT REGULATIONS (CLERK’S FILE NO. 401-4, 1403-7)
A presentation was provided by Principal Planner Matt Bator, and Planning and Community Development Director Karen Brindley was available to answer questions.
Council questions focused on the basis for developing guiding principles for revisions to the City’s Trees, Scenic Views, and Sunlight Regulations; details of comparable ordinances in other jurisdictions; fee methodology; need to make what constitutes a view and when it is established more clear; clarification on the current definitions of view restoration and preservation; and whether other jurisdictions reference sunlight in their regulations. Mayor Druker opened the item to public comment, and Janet Wilson spoke on this item. Mayor Druker closed the item to public comment.
Council discussion focused on the importance of rules-based approach; value of the research conducted by City staff; need for drafts and milestones for Council’s future discussion and public input; possibility of creating definitions for “sunlight” and “view” and following guidelines similar to the Design Review Board; elimination of ambiguity and providing clarity throughout the guiding principles. Council discussed the importance of including sunlight in the metrics related to the regulations. Staff noted that the Council will have an opportunity to provide input and make modifications to the guidelines at the future Council meetings.
4 October 21, 2024 Item 04
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October 7, 2024
Council discussed suggested edits and additions to the proposed guidelines to emphasize sunlight, and staff incorporated the edits during the meeting.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER MARTINEZ TO APPROVE THE PROPOSED GUIDING PRINCIPLES FOR AMENDING THE CITY’S
TREES, SCENIC VIEWS, AND SUNLIGHT REGULATIONS, AS AMENDED WITH THE ADDITION OF “/SUNLIGHT” AND “AND/OR SUNLIGHT” INTO THE GUIDELINES WHERE APPROPRIATE. (VOTE 4-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Quirk; Noes:0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 10: REQUEST FOR CONTRIBUTION TO THE NORTH COASTAL CLEAN AIR PARTNERSHIP FROM COUNTY SUPERVISOR TERRA LAWSON-REMER (CLERK’S FILE NO. 1403-4)
An introduction to the item was provided by Mayor Druker. A brief overview of a request from Supervisor Terra Lawson Remer’s office was provided by City Manager Ashley Jones. Council questions focused on additional information that the Council would like to receive prior to making a decision, such as: types of filters to be purchased; how many households need air filters; details about the air filters that were previously purchased by the County and how those filters were selected to address the identified air quality/noxious gas concerns; filter capacity; and whether the decision on this request from the Supervisor is time-sensitive for the Council. Mayor Druker opened the item to public comment, and there were no public speakers. Mayor Druker closed the item to public comment.
Council discussed the County’s approach to solving the sewage issue; need for emergency declaration from the State and/or federal government; and the interconnectedness of local beaches making the sewage issue a regional emergency. City Manager Ashley Jones explained that Mayor Druker, along with most mayors in the County, signed on to a letter from Imperial Beach requesting State and federal assistance with addressing this critical public health issue.
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND TO APPROVE 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 TO REQUEST ADDITIONAL INFORMATION FROM THE COUNTY SUPERVISOR’S OFFICE. DEPUTY MAYOR GAASTERLAND THEN WITHDREW THIS MOTION.
Council directed staff to follow up with the Supervisor’s office on the additional information identified by Deputy Mayor Gaasterland and bring the item back at a future Council meeting date.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 5:24 p.m. to 5:30 p.m.
ITEM 11: CITY COUNCILMEMBER VACANCY – APPLICATION REVIEW AND INTERVIEWS (CLERK’S FILE NO. 401-1)
An introduction to the item was provided by Mayor Druker. Senior Management Analyst Kseniia Izgarskaia provided an overview of the interview process.
The City Council interviewed applicants Ted Bakker and Jeff Sturgis. 5 October 21, 2024 Item 04
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October 7, 2024
Mayor Druker opened the item to public comment, and the following people spoke:
1) Gas Grewal (with a donation of time from Lacey Spelich) 2) Suren Dutia (with a donation of time from Jeff Friestedt) 3) Bill Michalsky
4) Roger Bates
5) Annie Herlik
6) Julie Maxie-Allison
7) Bob Gans
8) Philip Posner
9) Sheila Friedlander
10) John Goodkind
11) Carol Kerridge
12) Greg Rothnem
13) Mark Filanc
14) Stephanie Covington
15) John Spelich
16) Hershell Price
17) Pamela Slater-Price
Mayor Druker closed public comment for this item.
The Council conducted three separate rounds of voting, each resulting in a tie vote, with Mayor Druker and Councilmember Martinez voting to appoint Ted Bakker and Deputy Mayor Gaasterland and Councilmember Quirk voting to appoint Jeff Sturgis.
Council discussion focused on additional options to fill the vacant seat, including whether to hold a special election and potential costs for doing so. There was not support from a majority of the Council to move forward with holding a special election. Council directed staff to re-open the recruitment, solicit additional interest, and bring all the applicants back to the Council for consideration at the next Council meeting.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 7:20 p.m. to 7:40 p.m.
ITEM 12: COORDINATION OF COUNCIL LOCAL AND REGIONAL 2024 MEETING COVERAGE (CLERK’S FILE NO. 401-5)
An introduction to the item was provided by Mayor Druker. A brief overview was provided by Senior Management Analyst Izgarskaia and City Manager Jones. There were no speakers for this item.
Council discussed local and regional meetings scheduled though the remainder of calendar year 2024; Councilmembers’ availability to attend the meetings; importance of having two liaisons on the Finance Committee and Human Resources (HR) subcommittee; and importance of having a city representative on the METRO JPA Board and ability for the City to appoint a non-Council member to represent the City on the METRO JPA Board.
IT WAS MOVED BY MAYOR DRUKER, SECONDED BY COUNCILMEMBER MARTINEZ TO APPOINT FORMER COUNCILMEMBER WORDEN TO SERVE AS THE CITY’S REPRESENTATIVE TO THE METRO JPA BOARD THROUGH THE END OF 2025. (VOTE 4-0) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Quirk; Noes:0; Recuse: 0; Absent: 0; Abstain: 0.
6 October 21, 2024 Item 04
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October 7, 2024
IT WAS MOVED BY DEPUTY MAYOR GAASTERLAND, SECONDED BY MAYOR DRUKER TO
APPOINT DEPUTY MAYOR GAASTERLAND TO SERVE AS THE SECOND COUNCIL LIAISON TO THE FINANCE COMMITTEE. (VOTE 4-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez and Quirk; Noes:0; Recuse: 0; Absent: 0; Abstain: 0.
There was Council consensus to appoint Councilmember Martinez as the second liaison to the HR subcommittee and leaving all other liaison appointments unchanged for the remainder of the 2024 calendar year. Councilmember Quirk agreed to attend the Regional Solid Waste Association (RSWA) meeting, should there be a special meeting before the end of the calendar year.
Council asked staff to research whether the San Dieguito River Valley Regional Open Space Park JPA requires an active Councilmember as a representative on their Board and report back Council at a future date.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
None.
ADJOURNMENT
Mayor Druker adjourned the meeting at 8:33 p.m.
Kseniia Izgarskaia, Senior Management Analyst
7 October 21, 2024 Item 04
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apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6286 10/4/2024 kay01 ADAM KAYE SEP-24 9/30/2024 COMM SRVC SEP 4,500.00 4,500.00 Voucher: 6286
6287 10/4/2024 avi03 AVI SYSTEMS INC 88992132 8/31/2024 AVI SYSTEM - CH 11,429.25 11,429.25 Voucher: 6287
6288 10/4/2024 cor15 CORONADO MOBILE STORAGE INC OCT-24 10/1/2024 STORAGE CONTRS OCT 255.00 255.00 Voucher: 6288
6289 10/4/2024 cos06 COSCO FIRE PROTECTION INC1000686572 9/18/2024 FIRE SPRINKLER REPAIR FIRE 980.75 980.75 Voucher: 6289
6290 10/4/2024 del14 DEL MAR VILLAGE ASSOCIATION 04 10/2/2024 DMVA AGRMNT AUG 36,437.78 36,437.78 Voucher: 6290
6291 10/4/2024 dix01 DIXIELINE LUMBER CO 06-0569577 9/18/2024 MAINT/REPAIR SUPP PW 70.50 Voucher: 6291 06-0569496 9/17/2024 MAINT/REPAIR SUPP PW 39.11 06-0569602 9/18/2024 MAINT/REPAIR SUPP PW 18.19
06-0569382 9/17/2024 MAINT/REPAIR SUPP PW 7.13 134.93
6292 10/4/2024 duk01 DUDEK & ASSOCIATES 202407203 9/10/2024 WTR/WSTWTR/PVMT STRM DRN AUG 1,940.00 1,940.00 Voucher: 6292
6293 10/4/2024 kle01 KLEINFELDER 1497525 9/10/2024 CDM BRIDGE AUG 116,658.54 116,658.54 Voucher: 6293
6294 10/4/2024 man12 MANERI TRAFFIC CONTROL INC, DBA MTC 22408 9/19/2024 CUSTOM TRAFFIC SIGNS PW 114.19 114.19 Voucher: 6294
6295 10/4/2024 nha01 NHA ADVISORS, LLC 01491 9/13/2024 FINANCING ADVISORS AUG 10,387.50 10,387.50 Voucher: 6295
6296 10/4/2024 par51 PARKWOOD LANDSCAPE MAINT INC 107768 7/31/2024 LANDSCAPING SRVCS JUL 16,950.00 16,950.00 Voucher: 6296
6297 10/4/2024 pho01 PHOENIX GROUP INFO SYSTEMS 082024036 9/17/2024 CITE SRVCS - AUG 9,230.51 Voucher: 6297 0820241036 9/17/2024 ADMIN CITE SRVCS - AUG 190.52 9,421.03 6298 10/4/2024 pit01 PITNEY BOWES GLOBAL FIN SRVCS 3106825322 9/10/2024 EQUIP RENTAL 7/30 - 10/29 974.94 974.94 Voucher: 6298
6299 10/4/2024 pru01 PRUDENTIAL OVERALL SUPPLY132275437 9/20/2024 UNIFORMS PW - 9/20 106.67 Voucher: 6299 132275435 9/20/2024 MATS PW - 9/20 15.47
132275436 9/20/2024 SHOP TOWELS PW - 9/20 4.93
131017678 9/23/2024 UNIFORMS REFUND PW - 9/23 -2.18
131017679 9/23/2024 UNIFORMS REFUND PW - 9/23 -5.76
131017680 9/23/2024 UNIFORMS REFUND PW - 9/23 -53.92 65.21 Page: 1
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apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6300 10/4/2024 wex01 WEX BANK 0496-00-496745-1 9/23/2024 GAS & OIL CS SEP 1,207.91 1,207.91 Voucher: 6300
Sub total for EFT GENERAL ACCOUNT US BANK: 211,457.03
Page: 2
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apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 138775 10/4/2024 air01 AIRGAS USA LLC 9153775576 9/16/2024 WELD WIRE PW 58.17 58.17 Voucher: 138775
138776 10/4/2024 ame15 AMERICAN SOCIETY OF CIVIL1046686501 9/3/2024 MBRSHP PW - J BRIDE 316.00 316.00 Voucher: 138776
138777 10/4/2024 sbc03 AT&T 9391059863 9/1/2024 TELEPHONE AUG 453.66 Voucher: 138777 9391054486 9/20/2024 TELEPHONE SEP 186.14 9391026230 9/20/2024 TELEPHONE SEP 60.37
9391031506 9/20/2024 TELEPHONE SEP 59.29
9391026231 9/20/2024 TELEPHONE SEP 59.29
9391026228 9/20/2024 TELEPHONE SEP 30.42
9391065056 8/27/2024 TELEPHONE AUG 29.84
9391065053 8/27/2024 TELEPHONE AUG 29.83
9391065054 8/27/2024 TELEPHONE AUG 29.83
9391065055 8/27/2024 TELEPHONE AUG 29.83 968.50
138778 10/4/2024 bar29 BARNETT QUALITY CONTROL SRVCS, DBA NOVA SRVCS INC 23122 9/7/2024 STRATFORD COURT PROJECT 1,025.00 1,025.00 Voucher: 138778
138779 10/4/2024 cin02 CINTAS 5231938301 9/26/2024 FIRST AID KIT SUPPLIES PW 214.76 214.76 Voucher: 138779
138780 10/4/2024 cit07 CITY OF SAN DIEGO 1000398091 9/19/2024 WATER TREATMENT AUG 47,011.02 Voucher: 138780 1000383067 4/19/2024 LOS PENASQUITOS WQIP FY24 10,189.26 57,200.28 138781 10/4/2024 sol01 CITY OF SOLANA BEACH 10012024 10/1/2024 OFF TRACK JUL 1,114.52 1,114.52 Voucher: 138781
138782 10/4/2024 coa21 COAST NEWS GROUP 00154082 9/6/2024 AD - BID INVITE 570.00 Voucher: 138782 00154250 9/13/2024 AD - PUBLIC HEARING 142.50 00154249 9/13/2024 AD - ORDIN INTRO 67.50
00154252 9/13/2024 AD - ORDIN INTRO 52.50
00154248 9/13/2024 AD - ORDIN ADOPT 52.50 885.00
138783 10/4/2024 cou16 COUNTY OF SAN DIEGO - REGIONAL, COMM SYSTEM 25CTOFDMC02 9/1/2024 RCS PAGING SRVCS - AUG 70.00 70.00 Voucher: 138783
138784 10/4/2024 exp02 DARRIN ALBERT DBA, EXPERT RADIATOR & A/C 15754 9/23/2024 RADIATOR PW 1,523.63 1,523.63 Voucher: 138784
138785 10/4/2024 bur15 DAVID BURNINGHAM 08302024-01 8/30/2024 APPRAISAL SRVCS ORIBIA 2,760.00 2,760.00 Voucher: 138785
138786 10/4/2024 gal02 GALLS LLC 028983161 9/5/2024 UNIFORMS CS 36.27 36.27 Voucher: 138786
Page: 3
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Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 138787 10/4/2024 gov02 GOVERNMENT TAX SEMINARS LLC 0024068 9/17/2024 GOVT TAX SEMINAR 575.00 575.00 Voucher: 138787
138788 10/4/2024 lad02 LADCO 24-263 9/12/2024 CLAIMS ADMIN 195.00 195.00 Voucher: 138788
138789 10/4/2024 met02 METRO JPA-C/O PADRE DAM MWD 368 7/2/2024 METRO BUDGET FY25 264.00 264.00 Voucher: 138789
138790 10/4/2024 nap01 NAPA AUTO PARTS 718072 9/9/2024 VEHICLE MAINT SUPPLIES PW 73.17 Voucher: 138790 717387 8/28/2024 VEHICLE MAINT SUPPLIES PW 47.91 718712 9/18/2024 VEHICLE MAINT SUPPLIES PW 35.51
717424 8/29/2024 VEHICLE MAINT SUPPLIES PW 13.99 170.58 138791 10/4/2024 par35 PARADIGM MECHANICAL CORP6573 6/30/2024 HVAC SRVCS CH 305.00 305.00 Voucher: 138791
138792 10/4/2024 por05 PORTILLO CONCRETE INC 2314-2940 9/23/2024 ASPHALT REPAIRS FY25 59,993.75 59,993.75 Voucher: 138792
138793 10/4/2024 rfy01 RFYEAGER ENGINEERING 24097 9/25/2024 ANNUAL CATHODIC INSP TP BRIDGE 10,405.00 10,405.00 Voucher: 138793
138794 10/4/2024 san06 SAN DIEGO ASSOC. OF GOVERNMENT 320539 9/20/2024 SHORELINE MONITORING FY25 12,712.61 12,712.61 Voucher: 138794
138795 10/4/2024 sdg01 SAN DIEGO GAS & ELECTRIC0042 2198 4063 2 9/16/2024 UTILITIES AUG 4,090.98 4,090.98 Voucher: 138795
138796 10/4/2024 san20 SAN DIEGUITO RIVER PARK, A JOINT POWERS AUTHORITY 10012024 10/1/2024 OFF TRACK JUL 557.26 557.26 Voucher: 138796
138797 10/4/2024 sig12 SIGNA DIGITAL SOLUTIONS INC35191347 9/12/2024 COPIER CH SEP 766.91 Voucher: 138797 35191348 9/12/2024 COPIER CS SEP 45.73 812.64 138798 10/4/2024 sta36 STANDARD PLUMBING SUPPLY CO, DBA MWI PLUMBERS SUPPLY XKCW18 9/18/2024 WATER PARTS PW 717.34 Voucher: 138798 XKGG73 9/19/2024 WATER PARTS PW 89.26 806.60 138799 10/4/2024 uni31 UNITED SITE SRVCS OF, CALIFORNIA INC 114-13934356 9/19/2024 PORTABLE RESTROOM SRVCS 1,450.85 Voucher: 138799 114-13934359 9/19/2024 PORTABLE RESTROOM SRVCS 565.25 114-13934358 9/19/2024 PORTABLE RESTROOM SRVCS 265.25 2,281.35 138800 10/4/2024 ver12 VERIZON 73064068 9/20/2024 TELEPHONE AUG 128.54 128.54 Voucher: 138800
Page: 4
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apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 138801 10/4/2024 ver03 VERIZON WIRELESS 570653198-00006 9/18/2024 TELEPHONE SEP 290.87 Voucher: 138801 872374736-00003 9/18/2024 TELEPHONE SEP 227.79 872374736-00004 9/18/2024 TELEPHONE SEP 226.70
542070053-00002 9/20/2024 TELEPHONE SEP 167.50
570653198-00007 9/18/2024 TELEPHONE SEP 114.03
570653198-00009 9/18/2024 TELEPHONE SEP 38.01 1,064.90
138802 10/4/2024 was02 WASTE MANAGEMENT OF CA, INC 0003525-4653-5 9/3/2024 MULCH PW 556.88 556.88 Voucher: 138802
138803 10/4/2024 wax02 WAXIE'S ENTERPRISES, LLC. DBA 82640892 8/5/2024 JANITORIAL SUPPLIES PW 315.76 315.76 Voucher: 138803
138804 10/4/2024 wes29 WEST COAST ARBORISTS INC219220 8/31/2024 TREE MAINT 8/16 - 8/31 3,620.37 Voucher: 138804 218775 8/15/2024 TREE MAINT 8/1 - 8/15 1,364.28 216382 6/15/2024 TREE MAINT SRVCS 6/1-6/15 625.80 5,610.45 Sub total for GENERAL ACCOUNT US BANK: 167,018.43
Page: 5
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apChkLst Final Page:
45 checks in this report. Grand Total All Checks: 378,475.46 Page: 6
10 October 21, 2024 Item 05
11 October 21, 2024 Item 05
12 October 21, 2024 Item 05
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apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6301 10/11/2024 als02 ALS GROUP USA CORP 522405091 9/27/2024 WATER SAMPLING SEP 496.00 496.00 Voucher: 6301
6302 10/11/2024 bak09 BAKER ELECTRIC 4693 9/13/2024 LIGHTING SRVCS CH 1,512.00 1,512.00 Voucher: 6302
6303 10/11/2024 cha71 CHARTER COMM HOLDINGS LLC, CHARTER COMMUNICATIONS 189125601 9/14/2024 INTERNET CH SEP 1,310.61 Voucher: 6303 189125601 8/14/2024 INTERNET CH AUG 1,310.61 189123801 8/14/2024 LFGRD FIBER CONN JUL 677.56
189123101 9/14/2024 LIFEGUARD FIBER SEP 411.61
189125301 9/14/2024 CH FIBER LFGRD SEP 411.61
189125801 9/14/2024 VIDEO TRANSPORT/PEG SEP 334.43
189125701 9/14/2024 CH FIBER TO FIRE SEP 334.43
189123801 9/14/2024 LFGRD FIBER CONN AUG 334.43
189123401 8/14/2024 CABLE/INTERNET PW AUG 329.08
8448 41 006 01714639/13/2024 PUBLIC WIFI PHCC SEP 166.24 189125401 8/14/2024 DMTV INTERNET AUG 135.98
189125501 9/14/2024 PUBLIC WIFI CH SEP 119.98
189125401 9/14/2024 DMTV INTERNET SEP 119.98
189123001 9/14/2024 LFGRD CABLE INTERNET SEP 99.99
189125201 9/14/2024 INTERNET TV STUDIO SEP 89.97 6,186.51 6304 10/11/2024 cor07 CORODATA RECORDS MGT INC7030049 9/30/2024 STORAGE SRVCS SEP 150.51 150.51 Voucher: 6304
6305 10/11/2024 cor22 CORVEL CORPORATION 1686272 9/18/2024 MED MAINT - SEP 250.00 Voucher: 6305 1688199 9/29/2024 WC SERVICES - SEP 185.00 1686714 9/18/2024 FNOL FEES - AUG 74.00
1688199 9/29/2024 WC SERVICES - SEP 37.00 546.00
6306 10/11/2024 del02 DEL MAR BLUE PRINT CO, INC609352 10/7/2024 CUSTOM SIGNS CS 224.03 224.03 Voucher: 6306
6307 10/11/2024 dix01 DIXIELINE LUMBER CO 06-0570538 9/25/2024 MAINT/REPAIR SUPP PW 33.71 Voucher: 6307 06-0571157 9/30/2024 MAINT/REPAIR SUPP PW 32.59 06-0570816 9/26/2024 OPERATING SUPP PW 21.73
06-0571272 9/30/2024 OPERATING SUPP PW 21.50
06-0571414 10/1/2024 OPERATING SUPP - FIRE 21.12 130.65 6308 10/11/2024 ful01 KURT MORGAN 42895 10/2/2024 REG ENVELOPES CH 735.13 Voucher: 6308 42923 10/7/2024 BUSINESS CARDS 61.00 796.13 Page: 1
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Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6309 10/11/2024 par51 PARKWOOD LANDSCAPE MAINT INC 108134 9/30/2024 LANDSCAPING SRVCS SEP 17,930.00 Voucher: 6309 107536 6/14/2024 LANDSCAPING SRVCS CS FY24 3,850.00 21,780.00 6310 10/11/2024 pru01 PRUDENTIAL OVERALL SUPPLY132276607 9/27/2024 UNIFORMS PW - 9/27 114.10 114.10 Voucher: 6310
6311 10/11/2024 red04 REDFLEX TRAFFIC SYSTEMS INC INV0081696 7/31/2024 RED LIGHT CAMERA JUL 5,284.44 Voucher: 6311 INV0085367 9/30/2024 RED LIGHT CAMERA SEP 5,284.44 10,568.88 6312 10/11/2024 san12 SAN DIEGO COUNTY SHERIFF09302024 9/30/2024 LAW ENF AUG 229,613.59 229,613.59 Voucher: 6312
6313 10/11/2024 san03 SAN DIEGO COUNTY WATER AUTH. 10032024 10/3/2024 SDCWA CAP CHRGS - 722 AMPHITHEATRE 3,420.00 Voucher: 6313 10032024 10/3/2024 SDCWA CAP CHRGS - 101 11TH ST 3,420.00 6,840.00 6314 10/11/2024 sca12 SCA OF CA LLC 158723PS 9/30/2024 SWEEPING SRVCS SEP 2,415.70 2,415.70 Voucher: 6314
6315 10/11/2024 sit01 SITEONE LNDSCP SUPPLY LLC146379386-001 9/23/2024 LANDSCAPING SUPP PW 492.29 492.29 Voucher: 6315
6316 10/11/2024 tow05 TOWNSEND PUBLIC AFFAIRS INC 22321 10/1/2024 LEGISLATIVE SRVCS OCT 4,000.00 4,000.00 Voucher: 6316
6317 10/11/2024 wex01 WEX BANK 0496-00-495760-1 10/6/2024 GAS & OIL FIRE SEP 1,228.88 1,228.88 Voucher: 6317
Sub total for EFT GENERAL ACCOUNT US BANK: 287,095.27
Page: 2
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Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 138806 10/11/2024 zep01 ACUITY SPECIALTY PRODUCTS INC, ZEP MANUFACTURING CO 9010299949 9/24/2024 CLEANING SUPPLIES - FIRE 1,047.10 1,047.10 Voucher: 138806
138807 10/11/2024 ame50 AMERICAN MEDICAL RESPONSE DMF09032024-01 9/3/2024 AMBULANCE SUPPLIES - FIRE 1,038.02 1,038.02 Voucher: 138807
138808 10/11/2024 sbc03 AT&T 9391065053 9/27/2024 TELEPHONE SEP 28.86 Voucher: 138808 9391065054 9/27/2024 TELEPHONE SEP 28.86 9391065055 9/27/2024 TELEPHONE SEP 28.86
9391065056 9/27/2024 TELEPHONE SEP 28.86 115.44
138809 10/11/2024 azt02 AZTEC LANDSCAPING INC, DBA AZTEC JANITORIAL L5083 9/30/2024 JANITORIAL SRVCS PW SEP 501.00 Voucher: 138809 J1895 9/30/2024 JANITORIAL SRVCS CS SEP 499.20 J1898 10/2/2024 JANITORIAL SUPPLIES PW 61.14 1,061.34
138810 10/11/2024 bal13 BALI CONSTRUCTION INC 10012024 10/1/2024 WTR/WSTWTR/PVMT & STRM DRN 88,430.10 88,430.10 Voucher: 138810
138811 10/11/2024 bal14 BALLEK, KEVIN 09262024 9/26/2024 PERMIT DUP PMT REFUND 286.42 286.42 Voucher: 138811
138812 10/11/2024 can08 CANTEEN SAN91460 8/26/2024 COFFEE SUPPLIES PW 209.92 209.92 Voucher: 138812
138813 10/11/2024 coa21 COAST NEWS GROUP 00154428 9/27/2024 AD - PUBLIC HEARING 225.00 Voucher: 138813 00154427 9/27/2024 AD - PUBLIC HEARING 217.50 00154263 9/20/2024 AD - NOTICE OF INTENT 135.00
00154429 9/27/2024 AD - ORDIN INTRO 75.00
00154433 9/27/2024 AD - ORDIN ADOPT 75.00
00154430 9/27/2024 AD - ORDIN INTRO 60.00
00154432 9/27/2024 AD - ORDIN ADOPT 60.00 847.50
138814 10/11/2024 coh08 COHEN, APRIL 09252024 9/25/2024 EVENT REFUND PHCC 650.00 650.00 Voucher: 138814
138815 10/11/2024 coo01 COOPER, TORI 09302024 9/30/2024 EVENT REFUND PHCC 800.00 800.00 Voucher: 138815
138816 10/11/2024 hds01 CORE & MAIN LP V719680 9/27/2024 WATER METER PARTS 389.86 389.86 Voucher: 138816
138817 10/11/2024 csm03 CSMFO 200024506 10/3/2024 CSMFO LUNCHEON - OCT 80.00 80.00 Voucher: 138817
138818 10/11/2024 del06 DEL MAR AUTOMOTIVE SERVICE 48535 10/2/2024 VEHICLE MAINT CS #390 175.50 175.50 Voucher: 138818
Page: 3
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Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 138819 10/11/2024 bee04 DENNIS L JOBE, DBA BEE CHASER 916690 9/30/2024 BEE REMOVAL SEP 180.00 Voucher: 138819 916689 9/27/2024 BEE REMOVAL SEP 160.00 340.00 138820 10/11/2024 fis12 FISHER INTEGRATED INC 2156 10/1/2024 VIDEO STREAMING SEP 1,100.00 1,100.00 Voucher: 138820
138821 10/11/2024 ats01 GARDA CL WEST LOCKBOX #233209 10793808 10/1/2024 ARMORED SRVCS OCT 715.48 715.48 Voucher: 138821
138822 10/11/2024 gfo01 GFOA 3163377 10/7/2024 GAAP UPDATE WEBINAR 135.00 135.00 Voucher: 138822
138823 10/11/2024 hal15 HALCYON TRADE BUILDING CO INC 20240829 10/2/2024 METER UPGRADE - 8TH STREET 253.45 253.45 Voucher: 138823
138824 10/11/2024 boh02 NANCY K. BOHL INC. DBA:, THE COUNSELING TEAM INTL INV101792 10/1/2024 EAP SERVICES 390.00 390.00 Voucher: 138824
138825 10/11/2024 nap01 NAPA AUTO PARTS 4790-926606 9/30/2024 VEHICLE MAINT SUPP PW 131.99 Voucher: 138825 926599 9/30/2024 VEHICLE MAINT SUPP PW 113.06 719170 9/24/2024 VEHICLE MAINT SUPP - FIRE 33.38 278.43 138826 10/11/2024 nor13 NORTH COUNTY DISPATCH JPA202425-022 10/2/2024 DISPATCH - FIRE Q2 15,809.50 15,809.50 Voucher: 138826
138827 10/11/2024 nce01 NORTH COUNTY EVS INC 8764 9/4/2024 FIRE ENGINE MAINT 11,215.04 11,215.04 Voucher: 138827
138828 10/11/2024 con17 OCCUPATIONAL HEALTH CTRS, OF CALIFORNIA, A MEDICAL 84427498 9/18/2024 EMPLOYEE TESTING SEP 162.00 162.00 Voucher: 138828
138829 10/11/2024 pac05 PACIFIC PIPELINE SUPPLY S100468415.001 9/26/2024 WATER METER PARTS 670.75 Voucher: 138829 S100468418.001 9/26/2024 WATER METER PARTS 75.64 746.39 138830 10/11/2024 par35 PARADIGM MECHANICAL CORP6757 9/20/2024 QTRLY HVAC SRVCS CH 2,062.00 2,062.00 Voucher: 138830
138831 10/11/2024 por10 PORTABLE STORAGE CORP 161696 9/23/2024 STORAGE CS OCT 176.00 176.00 Voucher: 138831
138832 10/11/2024 ran06 RANCHO SANTA FE FIRE 2025-024 8/29/2024 FIRE TRAINING 773.13 773.13 Voucher: 138832
138833 10/11/2024 rcp01 RCP BLOCK & BRICK INC. 33214486 10/1/2024 FERTILIZER PW 306.94 306.94 Voucher: 138833
138834 10/11/2024 rin06 RINKS, TOM Ref000177367 10/3/2024 UB Refund Cst #00007454 247.77 247.77 Voucher: 138834
138835 10/11/2024 san107 SAN DIEGO DIVERS 3187 10/2/2024 SCUBA EQUIP INSP 110.00 Voucher: 138835 3221 10/5/2024 SCUBA SUPPLIES 36.31 146.31 Page: 4
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Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 138836 10/11/2024 sdg02 SAN DIEGO GAS & ELECTRIC0081 7377 2988 5 10/4/2024 UTILITIES SEP 8,310.93 Voucher: 138836 0066 5491 6833 1 10/4/2024 UTILITIES SEP 4,148.83 0067 3735 0888 1 10/4/2024 UTILITIES SEP 295.82
0012 6209 1548 9 9/30/2024 UTILITIES SEP 124.27
2100 0065 8024 7 10/4/2024 UTILITIES SEP 98.94
0096 3381 7034 7 10/4/2024 UTILITIES SEP 22.69
0065 9549 9411 6 10/4/2024 UTILITIES SEP 22.47
0097 5436 8967 5 10/4/2024 UTILITIES SEP 19.54
0053 7739 5442 0 10/4/2024 UTILITIES SEP 19.48
0085 7750 3585 7 10/4/2024 UTILITIES SEP 18.79
0055 0306 8492 2 10/4/2024 UTILITIES SEP 14.35
0066 5491 5032 1 10/2/2024 UTILITIES SEP 12.49 13,108.60 138837 10/11/2024 shr01 SHRED -IT US JV LLC, DBA SHRED-IT USA LLC 8008527562 9/30/2024 ON-SITE SHREDDING SEP 86.05 86.05 Voucher: 138837
138838 10/11/2024 sou02 SOUTHCOAST HEATING & AIR COND. 1402952 9/27/2024 HVAC REPLACEMNT LIBRARY 5,267.11 5,267.11 Voucher: 138838
138839 10/11/2024 sou08 SOUTHWEST SIGNAL SERVICE83728 9/30/2024 TRAFFIC SIGNAL MAINT SEP 472.50 Voucher: 138839 83729 9/30/2024 TRAFFIC SIGNAL MAINT SEP 107.50 580.00 138840 10/11/2024 ter11 TERMINIX COMMERCIAL 452226783 10/1/2024 PEST CONTROL SRVCS CH 150.00 Voucher: 138840 452237250 10/1/2024 PEST CONTROL SRVCS PW 133.00 452224851 10/1/2024 PEST CONTROL SRVCS CS 121.00
452226864 10/1/2024 PEST CONTROL SRVCS LIBRARY 106.85
452224974 10/1/2024 PEST CONTROL SRVCS PHCC 103.00 613.85 138841 10/11/2024 usb03 US BANK CORP PYMT SYSTEMS 4246 0445 5565 02038/22/2024 US BANK CHARGES AUG 10,316.95 10,316.95 Voucher: 138841
138842 10/11/2024 vee01 VEEN, ALEXANDRA 09302024 9/30/2024 EVENT REFUND PHCC 800.00 800.00 Voucher: 138842
138843 10/11/2024 ver03 VERIZON WIRELESS 570653198-00008 9/18/2024 TELEPHONE SEP 368.66 368.66 Voucher: 138843
138844 10/11/2024 gan04 WILLIAM GANDER DM-RT20241001 10/1/2024 SOLAR MONITORING OCT 200.00 200.00 Voucher: 138844
Sub total for GENERAL ACCOUNT US BANK: 161,329.86
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56 checks in this report. Grand Total All Checks: 448,425.13 Page: 6
18 October 21, 2024 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Karen Falk, Principal Engineer
Diana Martinez, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: October 21, 2024
SUBJECT: Approval of Professional Services Agreements for As-Needed Construction Management and Inspection Services
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve Professional Service Agreements with Dudek (Attachment A) and Ardurra Group, Inc. (Attachment B) to provide as-needed construction management and inspection services for an initial three-year period effective November 1, 2024, through October 31, 2027; and 2) Authorize the City Manager to execute the agreements and subsequent amendments.
BACKGROUND:
In 2019, the City executed agreements with multiple firms for five-year terms to provide as-needed engineering-related services, including construction management and inspection services, which expire on November 18, 2024.
The City issued a Request for Qualifications (RFQ) to solicit proposals from qualified firms to continue providing these services to the City. The scope of work included in the RFQ encompasses a wide range of services needed for the City’s Capital Improvement Program, operations and maintenance, and emergency projects. Staff advertised the RFQ on August 27, 2024, and received twenty-one proposals before the deadline on September 24, 2024.
DISCUSSION/ANALYSIS:
Engineering staff thoroughly reviewed the proposals submitted based on the evaluation criteria in the RFQ, including experience and firm history; quality of performance and experience performing similar services; and the character, integrity, and reputation of the firm’s assigned staff.
1 October 21, 2024 Item 07
City Council Agenda Report
Agreements for As-Needed Construction Management and Inspection Services October 21, 2024
To ensure the City’s construction management and inspection needs continue to be met, staff recommends the City Council approve Professional Service Agreements with Dudek and Ardurra Group, Inc. (Ardurra). This recommendation is based on the identified firms’ experience, qualifications, competitive rates, and demonstrated competence providing similar services to local cities. During the prior five-year contract period for these services, Dudek provided excellent service to the City. Ardurra has similar qualifications and reputation, as well as experience supporting dry utility work, which could be helpful related to the City’s utility undergrounding project.
If approved, these agreements would be for an initial three-year period with an option for the City Manager to extend for two (2) additional years based upon satisfactory service.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item.
Sufficient funds are available in the approved FY 2024-25 Operating and Capital Budget for this work, and task orders with a negotiated scope and fee for individual projects will be brought to the Council for consideration in the future as appropriate.
ENVIRONMENTAL IMPACT:
The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
NEXUS TO COUNCIL PRIORITIES:
This is an operational item and not included on the City Council’s list of Goals & Priorities.
ATTACHMENTS:
Attachment A – Agreement with Dudek
Attachment B – Agreement with Ardurra Group, Inc.
2 October 21, 2024 Item 07
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND DUDEK
FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES This Professional Services Agreement (“Agreement”) is made and entered into this 21st day of October, 2024 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Dudek (“Consultant”) (collectively “Parties”).
WHEREAS, the City desires to employ a consultant to provide as-needed construction management and inspection services (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A and incorporated herein; and WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.
NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:
1. CONSULTING SERVICES.
1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit A and incorporated herein. Such services shall be provided at the direction of the City.
1.2. Point of Contact. The Public Works Director or their designee is hereby designated as the Point of Contact for the City and will monitor the progress and execution of this Agreement. George Litzinger is hereby designated as the Point of Contact for Consultant. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services.
1.3. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
2. DURATION OF AGREEMENT.
2.1 Term, Time for Performance. This Agreement shall be effective for an initial period of three (3) years from the date first written above. Upon satisfactory performance and written agreement of both parties, the Agreement may be extended for an additional two (2) year period. Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
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2.2 Delay. Any delay resulting from causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.
2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default.
2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice.
Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.
3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Consultant shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Consultant to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Consultant shall be delivered to the City Manager, upon his request, as property of City.
4. COMPENSATION.
4.1 Total Amount. Compensation to Consultant shall be provided in accordance with the rates described in the Fee Schedule contained in Exhibit B. Starting in Fiscal Year 2025-26, and each fiscal year thereafter for the duration of the Agreement, rates may be increased in accordance with the Consumer Price Index (CPI) or by 3%, whichever is greater.
Consultant shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.
4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with Scope of Services contained in Exhibit A. City and Consultant shall agree to the costs prior to commencement of such work.
5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any 4 October 21, 2024 Item 07
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retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.
6. STATEMENT OF EXPERIENCE. Consultant agrees and represents by executing this Agreement that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
7. AUDIT OF RECORDS.
7.1 At any time during normal business hours and as often as may be deemed necessary, the Consultant shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Consultant shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts and shall ensure that these sections are binding upon all subcontractors.
8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.
9. CONFLICTS OF INTEREST.
9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.
9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the 5 October 21, 2024 Item 07
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Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.
9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Consultant’s relevant financial interests.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.
11. INSURANCE
11.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.
11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.
11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
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11.3.3 Workers' Compensation. For all of the Consultant's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage.
The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.
11.3.4 Consulting Liability. Consulting liability (errors and omissions) coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Consultant shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this Agreement whichever occurs last. The Consultant agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the City's exposure to loss. All defense costs shall be outside the limits of the policy.
11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Consultant and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.
11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.
11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
12. DEFENSE AND INDEMNIFICATION.
12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's 7 October 21, 2024 Item 07
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fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.
12.2 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.
12.3 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend.
13. SUBCONTRACTORS.
13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.
13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement.
The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.
13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.
14. NON-DISCRIMINATION. Consultant 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. Consultant shall take affirmative action to insure 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. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.
15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively 8 October 21, 2024 Item 07
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deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.
If to City: If to Consultant:
City of Del Mar Dudek
City Clerk Joseph Monaco
1050 Camino del Mar 605 Third Street
Del Mar, CA 92014 Encinitas, CA 92024
[email protected] [email protected]
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.
17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.
18. CALIFORNIA LAW; VENUE/MISC. This Agreement 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 Agreement shall be brought in the county of San Diego, California.
Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.
To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant 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 9 October 21, 2024 Item 07
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eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Agreement.
21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.
22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.
23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.
24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortious conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.
27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, 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 Agreement.
28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.
29. 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.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF DEL MAR,
a municipal corporation
By: ____________________________
Ashley Jones, City Manager
DUDEK
By: ___________________________
Joseph Monaco, President/CEO
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
1. Constructability Review – during the design phase, review the construction documents for construction viability and provide value engineering. Review for conformance with environmental and permitting documents, utility company rules and procedures, and other interested stakeholders when applicable.
2. Documentation of Pre-Construction Conditions – document condition prior to construction using photographs, written notes, and video.
3. Meetings – prepare agendas and conduct meetings between the contractor, City staff, and other stakeholders in the project. Meetings to be anticipated include the pre-construction meeting and periodic progress meetings through project completion. Includes preparing meeting minutes and following up on action items required.
4. Communicate with Residents – track and resolve community and citizen complaints. Be the primary point of contact for construction issues or coordination on private property.
5. Schedule Reviews – review contractor’s construction schedule, request updates as appropriate, track delays and acceleration.
6. Submittals and RFIs – process and review project submittals and requests for information (RFIs). Coordinate and process submittals between the contractor, design consultant, City, and other agencies if required.
7. Inspection – Field inspectors are to observe the contractor’s construction work daily. Inspect all constructed facilities and/or construction activities, observe all tests required to be performed by the contractor as required in the contract documents. Provide daily inspection reports and documentation of contractor’s construction activities. Prepare weekly statement of working days. Compare notes with the contractor to confirm quantities. Document special situations by photograph or video. Document defective work until it is repaired to City standards and/or construction contact documents. Prepare a punch list and monitor the contractor’s progress to completion of punch list. Ensure construction staking/surveying is provided by the contractor as required in the construction documents. Ensure the contractor is preparing and completing notifications to residents and City. Monitor the contractor’s coordination with various utility companies and that the project is meeting inspection requirements. For utility undergrounding, coordinate the installation of private property owner service laterals to contractor established point of connection.
8. Testing – Schedule necessary testing with the City’s as-needed materials testing firms.
9. Progress Payments – Track and review work completed with contractor prior to submittal of progress payments. Monitor, collect, and process the contractor and subcontractor’s certified payroll and DIR submittals. Prepare and submit monthly progress payments.
10. Contract Modifications/Change Orders/Claims – track and review change order requests, extra work requests, work completed on a time & materials basis, and claims. Conduct necessary field review and prepare documents for change order processing by City. Evaluate costs and negotiate contract change orders.
11. Documentation - Obtain and file all preliminary notices, delivery tickets, disposal manifests, certified payroll, and other construction related information. Establish and maintain project files for delivery to the City after project completion.
12. Labor Compliance – Review project for labor compliance requirements, including those required for Federally-funded projects
13. Project Close Out - Provide project close out services including maintenance and submittal of red-line drawings, punch list items, close-out documents such as filing Notice of Completion, bond releases, and final payment.
Excluded from scope of services: Environmental/biological monitoring and reporting to ensure permitting compliance; Public Outreach (town hall meetings, website creation, flyers, etc.). 12 October 21, 2024 Item 07
EXHIBIT B
FEE SCHEDULE
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PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND ARDURRA GROUP, INC.
FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES This Professional Services Agreement (“Agreement”) is made and entered into this 21st day of October, 2024 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Ardurra Group, Inc. (“Consultant”) (collectively “Parties”).
WHEREAS, the City desires to employ a consultant to provide as-needed construction management and inspection services (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A and incorporated herein; and WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.
NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:
1. CONSULTING SERVICES.
1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit A and incorporated herein. Such services shall be provided at the direction of the City.
1.2. Point of Contact. The Public Works Director or their designee is hereby designated as the Point of Contact for the City related to this Agreement and will monitor the progress and execution of this Agreement. Carmen Kasner is hereby designated as the Point of Contact for Consultant. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services.
1.3. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
2. DURATION OF AGREEMENT.
2.1 Term, Time for Performance. This Agreement shall be effective for an initial period of three (3) years from the date first written above. Upon satisfactory performance and written agreement of both parties, the Agreement may be extended for an additional two (2) year period. Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
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2.2 Delay. Any delay resulting from causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.
2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default.
2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice.
Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.
3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Consultant shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Consultant to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Consultant shall be delivered to the City Manager, upon his request, as property of City.
4. COMPENSATION.
4.1 Total Amount. Compensation to Consultant shall be provided in accordance with the rates described in the Fee Schedule contained in Exhibit B. Starting in Fiscal Year 2025-26, and each fiscal year thereafter for the duration of the Agreement, rates may be increased in accordance with the Consumer Price Index (CPI) or by 3%, whichever is greater.
Consultant shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.
4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with Scope of Services contained in Exhibit A. City and Consultant shall agree to the costs prior to commencement of such work.
5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any 15 October 21, 2024 Item 07
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retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.
6. STATEMENT OF EXPERIENCE. Consultant agrees and represents by executing this Agreement that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
7. AUDIT OF RECORDS.
7.1 At any time during normal business hours and as often as may be deemed necessary, the Consultant shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Consultant shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts and shall ensure that these sections are binding upon all subcontractors.
8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.
9. CONFLICTS OF INTEREST.
9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.
9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the 16 October 21, 2024 Item 07
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Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.
9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Consultant’s relevant financial interests.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.
11. INSURANCE
11.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.
11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.
11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
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11.3.3 Workers' Compensation. For all of the Consultant's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage.
The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.
11.3.4 Consulting Liability. Consulting liability (errors and omissions) coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Consultant shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this Agreement whichever occurs last. The Consultant agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the City's exposure to loss. All defense costs shall be outside the limits of the policy.
11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Consultant and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.
11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.
11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
12. DEFENSE AND INDEMNIFICATION.
12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's 18 October 21, 2024 Item 07
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fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.
12.2 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.
12.3 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend.
13. SUBCONTRACTORS.
13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.
13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement.
The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.
13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.
14. NON-DISCRIMINATION. Consultant 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. Consultant shall take affirmative action to insure 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. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.
15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively 19 October 21, 2024 Item 07
Professional Services Agreement
For As-Needed Construction Management and Inspection Services
deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.
If to City: If to Consultant:
City of Del Mar Ardurra Group, Inc.
City Clerk Carmen Kasner, PE
1050 Camino del Mar 1000 NW 57th Court, Ste. 800
Del Mar, CA 92014 Miami, FL 33126
[email protected] [email protected]
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.
17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.
18. CALIFORNIA LAW; VENUE/MISC. This Agreement 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 Agreement shall be brought in the county of San Diego, California.
Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.
To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant 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 20 October 21, 2024 Item 07
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eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Agreement.
21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.
22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.
23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.
24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortious conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.
27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, 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 Agreement.
28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.
29. 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.
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Professional Services Agreement
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF DEL MAR,
a municipal corporation
By: ____________________________
Ashley Jones, City Manager
ARDURRA GROUP, INC.
By: _______________________
Carmen Kasner, Principal-in
-Charge
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
1. Constructability Review – during the design phase, review the construction documents for construction viability and provide value engineering. Review for conformance with environmental and permitting documents, utility company rules and procedures, and other interested stakeholders when applicable.
2. Documentation of Pre-Construction Conditions – document condition prior to construction using photographs, written notes, and video.
3. Meetings – prepare agendas and conduct meetings between the contractor, City staff, and other stakeholders in the project. Meetings to be anticipated include the pre-construction meeting and periodic progress meetings through project completion. Includes preparing meeting minutes and following up on action items required.
4. Communicate with Residents – track and resolve community and citizen complaints. Be the primary point of contact for construction issues or coordination on private property.
5. Schedule Reviews – review contractor’s construction schedule, request updates as appropriate, track delays and acceleration.
6. Submittals and RFIs – process and review project submittals and requests for information (RFIs). Coordinate and process submittals between the contractor, design consultant, City, and other agencies if required.
7. Inspection – Field inspectors are to observe the contractor’s construction work daily. Inspect all constructed facilities and/or construction activities, observe all tests required to be performed by the contractor as required in the contract documents. Provide daily inspection reports and documentation of contractor’s construction activities. Prepare weekly statement of working days. Compare notes with the contractor to confirm quantities. Document special situations by photograph or video. Document defective work until it is repaired to City standards and/or construction contact documents. Prepare a punch list and monitor the contractor’s progress to completion of punch list. Ensure construction staking/surveying is provided by the contractor as required in the construction documents. Ensure the contractor is preparing and completing notifications to residents and City. Monitor the contractor’s coordination with various utility companies and that the project is meeting inspection requirements. For utility undergrounding, coordinate the installation of private property owner service laterals to contractor established point of connection.
8. Testing – Schedule necessary testing with the City’s as-needed materials testing firms.
9. Progress Payments – Track and review work completed with contractor prior to submittal of progress payments. Monitor, collect, and process the contractor and subcontractor’s certified payroll and DIR submittals. Prepare and submit monthly progress payments.
10. Contract Modifications/Change Orders/Claims – track and review change order requests, extra work requests, work completed on a time & materials basis, and claims. Conduct necessary field review and prepare documents for change order processing by City. Evaluate costs and negotiate contract change orders.
11. Documentation - Obtain and file all preliminary notices, delivery tickets, disposal manifests, certified payroll, and other construction related information. Establish and maintain project files for delivery to the City after project completion.
12. Labor Compliance – Review project for labor compliance requirements, including those required for Federally-funded projects
13. Project Close Out - Provide project close out services including maintenance and submittal of red-line drawings, punch list items, close-out documents such as filing Notice of Completion, bond releases, and final payment.
Excluded from scope of services: Environmental/biological monitoring and reporting to ensure permitting compliance; Public Outreach (town hall meetings, website creation, flyers, etc.). 23 October 21, 2024 Item 07
EXHIBIT B
FEE SCHEDULE
24 October 21, 2024 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Joe Bride, Public Works Director
Michael D’Aquila, Public Works Operations Manager
Diana Martinez, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: October 21, 2024
SUBJECT: Approval of Professional Services Agreement for As-Needed Fats, Oil, and Grease Program Services
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve the Professional Service Agreement with Mikhail Ogawa Engineering, Inc. (Attachment A) to provide as-needed fats, oil, and grease program services for an initial three-year period effective November 1, 2024, through October 31, 2027; and 2) Authorize the City Manager to execute the agreement and subsequent amendments.
BACKGROUND:
In 2019, the City executed agreements with multiple firms for five-year terms to provide as-needed engineering-related services, including fats, oil, and grease (FOG) program services, which terminate on November 18, 2024.
The City issued a Request for Qualifications (RFQ) to solicit proposals from qualified firms to provide as-needed FOG program services. The scope of work included in the RFQ included services to verify that Del Mar businesses are following the City’s FOG Ordinance (DMMC 22.08.050) and implementing kitchen best management practices with regard to the disposal of fats, oils, and grease. Staff advertised the RFQ on September 19, 2024, and received two (2) proposals before the deadline on October 7, 2024.
DISCUSSION/ANALYSIS:
Public Works staff thoroughly reviewed the submitted proposals based on the evaluation criteria in the RFQ, including experience and firm history; quality of performance and experience performing similar services; and the character, integrity, and reputation of the firm’s assigned staff members.
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City Council Agenda Report
Agreement for As-Needed FOG Program Services
October 21, 2024
To ensure the City’s FOG program service needs continue to be met, staff recommends the City Council approve a Professional Service Agreement with Mikhail Ogawa Engineering (MOE). This recommendation is based on the firm’s experience, qualifications, competitive rates, and demonstrated competence. MOE has provided excellent service and support to the City over the course of their prior five-year contract period.
The agreement would be for an initial three-year period with an option for the City Manager to extend for two (2) additional years based upon satisfactory service.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item.
Sufficient funds are available in the approved FY 2024-25 Operating Budget for this work, and will be included in future budgets for Council consideration.
ENVIRONMENTAL IMPACT:
The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and not included on the City Council’s list of Goals & Priorities.
ATTACHMENTS:
Attachment A – Professional Services Agreement with MOE 2 October 21, 2024 Item 08
Professional Services Agreement
For As-Needed Fats, Oil, and Grease (FOG) Program Services
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND MIKHAIL OGAWA ENGINEERING INC.
FOR AS-NEEDED FATS, OIL, AND GREASE (FOG) PROGRAM SERVICES This Professional Services Agreement (“Agreement”) is made and entered into this 21st day of October, 2024 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Mikhail Ogawa Engineering Inc. (MOE) (“Consultant”) (collectively “Parties”).
WHEREAS, the City desires to employ a consultant to provide As-Needed Fats, Oil, and Grease (FOG) (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.
NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:
1. CONSULTING SERVICES.
1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.
1.2. Point of Contact. The Public Works Director or their designee is hereby designated as the Point of Contact for the City and will monitor the progress and execution of this Agreement. Mikhail Ogawa is hereby designated as the Point of Contact for Consultant. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services.
1.3. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
2. DURATION OF AGREEMENT.
2.1 Term, Time for Performance. This Agreement shall be effective for a period of three (3) years beginning on November 1, 2024 and ending on October 31, 2027. The 3 October 21, 2024 Item 08
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agreement may be extended for an additional two (2) year period, upon satisfactory performance and written approval of the Parties.
Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
2.2 Delay. Any delay occasioned by causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.
2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default.
2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice. Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.
3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Consultant shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Consultant to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Consultant shall be delivered to the City Manager, upon his request, as property of City.
4. COMPENSATION.
4.1 Total Amount. Compensation to Consultant shall be provided in accordance with the rates described in the Fee Schedule contained in Exhibit “B” and incorporated herein. Starting in Fiscal Year 2025-26, and each fiscal year thereafter for the duration of the Agreement, rates may be increased in an amount not to exceed 5%. Consultant shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.
4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with Scope of Services contained in Exhibit “A.” City and Consultant shall agree to the costs prior to commencement of such work.
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5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.
6. STATEMENT OF EXPERIENCE. Consultant agrees that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. By executing this Agreement, Consultant represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City.
Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
7. AUDIT OF RECORDS.
7.1 At any time during normal business hours and as often as may be deemed necessary, the Consultant shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Consultant shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts, and shall ensure that these sections are binding upon all subcontractors.
8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors. 5 October 21, 2024 Item 08
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9. CONFLICTS OF INTEREST.
9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.
9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.
9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Consultant’s relevant financial interests.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.
11. INSURANCE
11.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.
11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to nonpayment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.
11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
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11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
11.3.3 Workers' Compensation. For all of the Consultant's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage.
The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.
11.3.4 Consulting Liability. Consulting liability (errors and omissions) coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Consultant shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this Agreement whichever occurs last. The Consultant agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the City's exposure to loss. All defense costs shall be outside the limits of the policy.
11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Consultant and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.
11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.
11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The 7 October 21, 2024 Item 08
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endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
12. DEFENSE AND INDEMNIFICATION.
12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.
12.2 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.
12.3 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend.
13. SUBCONTRACTORS.
13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.
13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement. The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.
13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to 8 October 21, 2024 Item 08
Professional Services Agreement
For As-Needed Fats, Oil, and Grease (FOG) Program Services
resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.
14. NON-DISCRIMINATION. Consultant 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. Consultant shall take affirmative action to insure 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. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.
15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.
If to City: If to Consultant:
City of Del Mar Mikhail Ogawa Engineering Inc.
City Clerk Attn: Mikhail Ogawa, Owner
1050 Camino del Mar 731 S Highway 101, Suite 16
Del Mar, CA 92014 Solana Beach, CA 92075
[email protected] [email protected]
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.
17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.
18. CALIFORNIA LAW; VENUE/MISC. This Agreement 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 Agreement shall be brought in the county of San Diego, California.
Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of 9 October 21, 2024 Item 08
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prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.
To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant 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 Agreement.
21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.
22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.
23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.
24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants 10 October 21, 2024 Item 08
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or conditions of this Agreement, or arising out of any tortious conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.
27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, 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 Agreement.
28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.
29. 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.
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For As-Needed Fats, Oil, and Grease (FOG) Program Services
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF DEL MAR,
a municipal corporation
By: ____________________________
Ashley Jones, City Manager
Mikhail Ogawa Engineering Inc., a California
corporation
By: _____________________________
Mikhail Ogawa, President
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
12 October 21, 2024 Item 08
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For As-Needed Fats, Oil, and Grease (FOG) Program Services
EXHIBIT “A”
SCOPE OF SERVICES
A. The scope of work and required completion schedules will vary with each specific project assignment. The duration of each assignment will vary depending on the complexity of the project. A Task Order including a negotiated scope of work, fee, and duration will be executed for each project.
B. The scope of services may include but is not limited to:
1) Perform fats, oils, and grease (FOG) inspections for approximately 30 Food Service Establishments (FSE) to verify compliance with the City’s FOG Ordinance and Kitchen Best Management Practices.
2) Conduct inspections as required by the permit, State Water Resources Control Board Order No. 2006-0003-DWQ
3) Follow up with FSEs in non-compliance and draft violation letters for City review/use. 4) Review new FSE Tenant Improvement plans in accordance with City’ FOG ordinance.
5) Review FOG Variance and Waiver Requests.
13 October 21, 2024 Item 08
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For As-Needed Fats, Oil, and Grease (FOG) Program Services
EXHIBIT “B”
FEE SCHEDULE
14 October 21, 2024 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: City Councilmembers
FROM: Mayor Dave Druker and Deputy Mayor Terry Gaasterland, Council Liaisons to the Finance Committee
Prepared by Denise Galvan, Management Analyst
DATE: October 21, 2024
SUBJECT: Finance Committee Appointment
REQUESTED ACTION/RECOMMENDATION:
The City Council Liaisons to the Finance Committee recommend the City Council appoint John Fry as a voting member to the Finance Committee to serve a full three-year term effective October 21, 2024, and ending on October 31, 2027.
DISCUSSION/ANALYSIS:
The Finance Committee (Committee) serves as an advisory committee to the City Council and provides recommendations on City finances including updates to the City’s operating and capital budgets, budget forecasts and trends in revenues, expenditures, project costs and cash flows; Annual Comprehensive Financial Report (ACFR); CalPERS Cost Sharing Pool Reports and the related annual contributions to the Pension Reserve Fund; City’s Pension Reserve Policy; City’s financial metrics; and other assignments from the Council, such as long-term planning, fee assessments, and sources of possible revenues. The Committee consists of seven members, who must be residents of Del Mar.
Currently, one vacancy exists on the Committee due to the term expiration of Laura Pierce on July 31, 2024. City staff advertised the vacancy, and one Citizen Interest Form was received during the recruitment period from John Fry (Attachment A). The Council Liaisons to the Committee have reviewed the application and recommend that the City Council appoint John Fry as a voting member for a full three-year term starting on October 21, 2024, and ending on October 31, 2027.
If the recommended appointment is approved by the City Council, the Committee will have a full member roster. A copy of the current Committee roster is included as Attachment B for Council’s reference.
ATTACHMENTS:
Attachment A – Citizen Interest Form
Attachment B – Finance Committee Roster
1 October 21, 2024 Item 09
2 October 21, 2024 Item 09
3 October 21, 2024 Item 09
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6 October 21, 2024 Item 09
7 October 21, 2024 Item 09
City of Del Mar
Finance Committee
Appointing Authority City Council
Jeffrey G. Sturgis
3rd Term Nov 10, 2023 - May 30, 2025
Appointing Authority City Council
Position Chair
Laura S Demarco
1st Term May 02, 2022 - May 31, 2025
Appointing Authority City Council
Steven Allen Mcdowell
1st Term Aug 01, 2022 - Aug 31, 2025
Appointing Authority City Council
Michael Minter
1st Term Nov 14, 2022 - Nov 30, 2025
Appointing Authority City Council
Kenneth E Barrett
1st Term Sep 05, 2023 - Sep 30, 2026
Appointing Authority City Council
Bret D'vincent
1st Term Sep 23, 2024 - Sep 30, 2027
Appointing Authority City Council
Position Secretary
Vacancy
Board Roster
Finance Committee Page 1 of 1
8 October 21, 2024 Item 09
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Denise Galvan, Management Analyst
Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: October 21, 2024
SUBJECT: Design Review Board Interview and Appointment
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council review the Citizen Interest Forms (Attachment A), interview the applicants, and consider appointment of one resident to serve as a voting member on the Design Review Board for a full four-year term effective November 10, 2024, and expiring on November 30, 2028.
DISCUSSION/ANALYSIS:
The Design Review Board (DRB) evaluates planning applications for their consistency with the provisions of the Del Mar Community (General) Plan, Zoning Ordinance, and the applicable design review standards included in the Design Review Ordinance (DRO).
There is one voting member vacancy on the DRB due to John Goodkind’s upcoming term expiration on November 9, 2024. The City advertised the vacancy and received two Citizen Interest Forms from John Goodkind and Steve Mitgang (Attachment A). Both applicants have indicated that they meet the requirements of the Del Mar Municipal Code (DMMC) Section
2.38.020 (Attachment B) to serve as voting members on the DRB.
John Goodkind is completing his second term on the DRB. Pursuant to Council Policy 200 “Committees – City Council Advisory Committees, Boards and Commissions” (Attachment C) Section E.2, the number of consecutive terms an individual may serve on a committee is two.
However, the City Council can make an exception if they feel it is to the benefit of the City to reappoint an individual for a third term.
Pursuant to Council Policy 200 “Committees – City Council Advisory Committees, Boards and Commissions” (Attachment C) Section C.6, an applicant must receive three affirmative votes in order to be appointed. If three affirmative votes are not received, the Council can choose to vote again or to direct staff to reopen the vacancy to solicit additional interest.
If the vacancy is filled, the DRB will have two remaining ex-officio, non-voting member vacancies that City staff will continue to advertise.
ATTACHMENTS:
Attachment A - Citizen Interest Forms
Attachment B - Del Mar Municipal Code Section 2.38.020
Attachment C - City Council Policy 200
1 October 21, 2024 Item 10
CITIZEN INTEREST FORM
1050 Camino Del Mar, Del Mar California 92014 | (858) 755-9313 | https://www.delmar.ca.us/ Form Approved 12/7/21; Revised 3/4/2024
Thank you for your interest in serving the Del Mar Community. Please use this Citizen Interest Form to apply to serve on a City of Del Mar advisory committee, Planning Commission, or Design Review Board. The City of Del Mar greatly values the many talented citizens who volunteer to serve in city government. We encourage you to get involved. Please indicate whether you are seeking to serve on the Del Mar Planning Commission, Design Review Board, or one or more of the City’s many advisory committees, and please note your order of preference indicating 1st, 2nd choice, etc.
Before making your selection, we encourage you to spend some time learning about what each entity does, what its mission is, and what your role would be if you were appointed. Please note that in addition to the general questions below to be answered by all applicants, there are also specific questions tailored to service on the Planning Commission, Design Review Board, or an advisory committee to be answered as well.
Before applying, you are encouraged to attend or watch a committee meeting and review recent committee agendas and meeting minutes. If appointed, you will be expected to attend the meetings, which typically last about 2 hours in length, or more depending on the agenda, and require about 1 hour of preparation time for each meeting. Please note that in accordance with City Council Policy 200, committee members must not miss more than three meetings in a given calendar year. Committee meeting times vary, so please review the website calendar to make sure the meeting times for the committee you are applying for work for your schedule: Public Meeting Calendar.
You can also view current committee webpages, charters, and member rosters to get more information about each committee. In accordance will Council Policy 200- City Council Advisory Committees, Boards and Commissions members of the public may serve on two boards, committees or commissions concurrently except in special circumstances as determined by the Council. Additionally, the number of consecutive terms that an individual may serve on a committee is two unless the City Council makes an exception if they feel it is to the benefit of the committee to re-appoint an individual to a third term. Please note that ex-officio members are non-voting and may be non-residents.
Form Submittal: Citizen Interest Forms must be submitted by the published deadline. Forms can be submitted in-person or by mail at: Del Mar City Hall, 1050 Camino del Mar, Del Mar 92014; or via email: [email protected].
IMPORTANT: Save the form on your computer prior to filling it out. Do not fill out the form in the Internet browser.
RECEIVED
By dgalvan at 3:46 pm, 10/4/24 Attachment A
2 October 21, 2024 Item 10
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Last Name First Name Middle Initial
Home Street Address* City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2
nd choice, etc.):
___ Arts Advisory Committee ___ Parks and Recreation Committee ___ Design Review Board ___ Planning Commission
___ Finance Committee ___ Sustainability Advisory Committee ___ Lagoon Committee ___ Traffic and Parking Advisory Committee ___ Measure Q Citizen Oversight Committee ___ Undergrounding Project Advisory Committee ___ Other(s) (please indicate):_______________
Qualifications for appointment and/or reasons for application (attach additional pages as needed):
Education:
*Applicants are required to provide a physical residency address. Mailing addresses or Post Office boxes will not be accepted. The City will maintain all residency addresses strictly confidential.
Goodkind John M
Del Mar, CA 1
I would like to continue my service on this committee to support adherence to the Design Review Ordinance. PhD Physics
3 October 21, 2024 Item 10
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):
Name all of the Del Mar Committees/Boards/Commissions that you now serve on:
Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:
Optional: Please list three Del Mar residents who can provide a reference**:
NAME STREET NAME (no house
number)
Phone Number
**Due to Brown Act limitations that restrict communications between Councilmembers regarding upcoming actions of the City Council, please do not include a current sitting Councilmember as a reference for your appointment.
Residency
Month Year
I have been a resident of California since:
I have been a resident of San Diego County since:
I have been a resident of Del Mar since:
What part of town do you live in? Geographic diversity is desirable and will be taken into account.
Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☐ North Hills
☐ Valley
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 see below Design Review Board
DRB, Finance Committee, Sustainability Advisory Board
Amy Isackson Pine Needles Dr Beth Levine Crest Rd Anne Farrell Via Alta January 1960 january 1962 January 1968 ✔ ✔
✔
✔
4 October 21, 2024 Item 10
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.
1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.
Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?
2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.
Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.
What aspects of the City’s finances most interest you and why? 5 October 21, 2024 Item 10
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
☐ Other (please explain): ____________________________________________________
4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☐ Resident
☐ Other (please explain): ____________________________________________________ Do you have any special expertise or experience related to traffic and parking? If yes, please explain:
5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.
Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.
What aspects of the City’s parks and recreation most interest you and why?
6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.
What aspect(s) of being on the Lagoon Committee most interest you and why? 6 October 21, 2024 Item 10
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.
What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.
8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.
In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?
9. Undergrounding Project Advisory Committee
The Undergrounding Project Advisory Committee is seeking applicants with an interest in the citywide undergrounding project.
Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? 7 October 21, 2024 Item 10
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
10. Design Review Board and/or Planning Commission
Briefly describe your qualifications and experience as it relates to serving on the Design Review Board or Planning Commission. The required qualifications for each can be found in the Del Mar Municipal Code (DMMC) Chapters 2.34 and 2.38. You will be able to provide more information at a City Council public meeting during an open interview process.
11. For All Committees: Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.
Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.
By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.
By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. __________________________
Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
8 October 21, 2024 Item 10
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Mitgang Steve R
Last Name First Name Middle Initial
Del Mar, CA
Home Street Address* City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2
nd choice, etc.):
___ Arts Advisory Committee ___ Parks and Recreation Committee __X_ Design Review Board ___ Planning Commission
___ Finance Committee ___ Sustainability Advisory Committee ___ Lagoon Committee ___ Traffic and Parking Advisory Committee ___ Measure Q Citizen Oversight Committee ___ Undergrounding Project Advisory Committee ___ Other(s) (please indicate):________________
Qualifications for appointment and/or reasons for application (attach additional pages as needed):
- I have lived in 90214 for 30 years and am sensitive to the special aspects of what Del Mar is and means to both residents and visitors. I built a new home on Crest Rd in 2022/2023.
- My wife and I just went through the DRB process to start and complete our new home on Crest. Hence, I am very familiar with the various needs of the city and as a resident related to the process of building a home in the area and adjacent to a sensitive area. - As a serial Tech CEO, I am sensitive to serving many constituents with competing interests, and have run many complex projects in business. And many real estate projects also including sensitive areas. The next few will have many complex commercial and residential projects in Del Mar, needing a deft hand to adhere to the City’s values regarding development.
- I have a very positive reputation in the business community as someone who has built many successful companies and am thought to be a great listener who can uniquely understand the needs of multiple constituents, and always treat people with candor and transparency.
*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.
RECEIVED
By kizgarskaia at 8:30 am, 10/1/24
9 October 21, 2024 Item 10
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Education:
AB Architecture UC Berkeley 1983
Relevant Experience (job or volunteer etc.):
- I am serial Tech Start Up CEO (retired) where having a strategic plan and listening to many constituents with conflicting needs is core to the job responsibility - Each start up I led in San Diego (4) has had various real estate needs and processes that range from complete newly built structures to major retrofits. One was in a bluff sensitive area. I had to deal with commercial and residential zoning and regulations. - My recent new construction in Del Mar on Crest Rd., within a sensitive bluff and fire zone, and going through the DRB and community process has provided valuable experience. My own DRB experience will help create empathy with various constiuents. - I have built two homes from scratch in the last 20 years. - I have worked with various departments within the city related to our build process:
planning, public works, finance, etc.
Name all of the Del Mar Committees/Boards/Commissions that you now serve on:
- None
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
Jay Thomas 377 Belaire St
Tina Thomas 136 22nd St
Charlie Gaylord 2820 Ocean Front
**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: July 1970
I have been a resident of San Diego County since: July 1991 I have been a resident of 90214
Crest Rd July 2023
July
Crest Rd July
1991
2023
What part of town do you live in? Geographic diversity is desirable and will be taken into account.
Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☒ North Hills
☐ Valley
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
NA
NA
10 October 21, 2024 Item 10
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.
1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.
Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?
2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.
Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.
What aspects of the City’s finances most interest you and why?
3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
☐ Other (please explain): ____________________________________________________
4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☐ Resident
☐ Other (please explain): ____________________________________________________ 11 October 21, 2024 Item 10
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law Do you have any special expertise or experience related to traffic and parking? If yes, please explain:
5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.
Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.
What aspects of the City’s parks and recreation most interest you and why?
6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.
What aspect(s) of being on the Lagoon Committee most interest you and why?
7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.
What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.
8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.
In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?
12 October 21, 2024 Item 10
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law
9. Undergrounding Project Advisory Committee
The Undergrounding Project Advisory Committee is seeking applicants with an interest in the citywide undergrounding project.
Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you?
10. Design Review Board and/or Planning Commission
Briefly describe your qualifications and experience as it relates to serving on the Design Review Board or Planning Commission. The required qualifications for each can be found in the Del Mar Municipal Code (DMMC) Chapters 2.34 and 2.38. You will be able to provide more information at a City Council public meeting during an open interview process.
11. For All Committees: Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.
Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and - I have lived in the Del Mar for 30 years (Mira Montana Dr. In the Heights) and am sensitive to the special aspects of what Del Mar is and means to both residents and visitors. I have lived in Del Mar proper since July, 2023
- My wife and I just went through the DRB process to start and complete our new home on Crest. Hence, I am very familiar with the various needs of the city and as a resident related to the process of building a home in the area and adjacent to a sensitive area. - I have a degree in Architecture from UC Berkeley and have run many complex projects in business. I have led real estate projects also including sensitive areas. - I have personally designed and built two homes. The home on Crest Rd was designed by Brian Church.
- I have a very positive reputation in the business community as someone who has built many successful companies and am thought to be a great listener who can uniquely understand the needs of multiple constituents, and always treat people with candor and transparency.
I appreciate the needs of complex processes and constituents and have a great reputation as a strong communicator and leader. Having just gone through the DRB process, I can be empathetic to the questions and issues being raised and also help create focus and streamline process where appropriate. 13 October 21, 2024 Item 10
THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.
Note: Personal information may be withheld from public view as allowed by law the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.
By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.
By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge.
September 29, 2024.
______________________
Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
14 October 21, 2024 Item 10
Del Mar Municipal Code – Design Review Board Membership
2.38.020 - Membership.
A. The Design Review Board shall consist of seven members who are registered voters of the City of Del Mar and maintain residency within the City's municipal boundaries.
Residency shall be maintained for no less than six months prior to appointment and if a Board Member ceases to reside within the City during their membership on the Design Review Board, the appointment of such person shall be deemed to have been terminated. For the purposes of this section, residency shall mean someone who maintains residence and is physically present in the City of Del Mar for no less than six months per calendar year.
B. Members shall serve staggered, four-year terms.
C. The members shall be persons who, by experience, training, education, or occupation, have demonstrated talent and interest in developing the aesthetics of environmentally sensitive design within the framework of practical considerations.
D. The Design Review Board shall also include an eighth, ex-officio member and an exofficio alternate, both appointed to a two-year term by a majority of the City Council.
1. The ex-officio member and alternate shall be appointed based on their professional experience in architecture, landscape architecture, planning or urban design.
2. The ex-officio member, or alternate, shall assist the Design Review Board members in their deliberations as to whether an application for a Design Review Permit is consistent with the applicable standards of review. As requested, the exofficio member, or alternate, shall also assist the members in a determination of the existence of feasible design alternatives. However, neither the ex-officio member, nor alternate, shall participate in the votes on applications.
3. The ex-officio member, or alternate, shall not be counted for purposes of determining the existence of a quorum of the Design Review Board.
4. The ex-officio member and alternate should preferably be residents of the City but neither is required to be a resident of the City.
5. The ex-officio alternate shall serve in the absence of the ex-officio member.
6. The ex-officio member and alternate shall comply with all City of Del Mar Conflict of Interest regulations.
(Ord. No. 767; Ord. No. 785; Ord. No. 793; Ord. No. 825; Ord No. 931 , § 1, 9-18-2017) Attachment B 15 October 21, 2024 Item 10
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 1 OF 6
POLICY:
A. Vacancies
It is the City Council policy to advertise vacancies of the City Council advisory committees, Design Review Board, and Planning Commission on the City website for a minimum of 10 calendar days, and at least once in the Del Mar Weekly and/or through CivicSend eblast.
Upcoming vacancies may also be announced by the City Manager or Council Members at City Council meetings. The deadline for interested citizens to file a Citizen Interest Form (application) is by the close of business (4:30 p.m.) on a Friday.
B. Council Appointments to City Council Advisory Committees
1. It shall be the policy of the City Council to direct its liaisons to each Council advisory committee to make recommendations to the full Council regarding appointments to City Council advisory committees.
2. If by the application deadline, the number of applications received by the City for such committees is equal to the number of vacancies, or less than the number of vacancies when recruiting for multiple vacancies, the Council liaisons to the specific committee shall determine whether to extend the deadline or review the Citizen Interest Form(s) and/or interview the applicant(s), and make a recommendation to Council that the applicant(s) be appointed to serve on the committee.
3. If by the application deadline, the number of applications received by the City for such committees is more than the number of vacancies, then the Council liaisons to the specific committee shall review the Citizen Interest Forms and/or interview the applicant(s). Council liaisons shall then make a recommendation to Council as to which applicant(s) should be appointed to serve on the committee. If the Council liaisons determine the applicants are not qualified or do not meet the needs of the committee, the application period may be reopened by the Council liaisons in order to solicit additional interest.
4. If the Council liaisons to a committee cannot agree on a recommendation for appointment(s), they shall direct staff to prepare an agenda report for the next available City Council meeting where the City Council will vote on the appointment without discussion. Three affirmative votes are needed in order for the City Council to make an appointment. If an applicant does not receive the necessary votes, the Council may re-vote or may direct staff to reopen the vacancy to solicit additional interest. 16 October 21, 2024 Item 10
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 2 OF 6
5. Applicants nominated to serve on a Council advisory committee are encouraged, but not required, to attend the City Council meeting when the City Council is scheduled to consider their appointment to serve on the Committee.
6. In the event that there is only one Council liaison to an advisory committee, the Mayor will act as the second Council liaison for the purposes of reviewing Citizen Interest Forms to recommend to the City Council for appointment.
7. Prior to the City Council meeting where the Council will vote on an appointment, any Council member can request an un-redacted copy of all qualified Citizen Interest Forms in order to review applicant information and contact interested applicant(s) prior to the meeting if so desired.
8. In accordance with Del Mar Municipal Code Chapter 2.30 “Commissions, Boards and Committees: General Provisions”, it shall be the City Council’s policy to select for appointment the candidates who received three affirmative votes by the City Council. In the case where a candidate does not receive three affirmative votes, the Council may revote or direct the City Clerk to re-advertise the vacancy.
9. When there are open vacancies for City Council advisory committees, other than Planning Commission or Design Review Board, the City Clerk will bring forward to the City Council the names of the candidates, the number of vacancies, and the liaison recommendation(s).
The City Council will then vote on the recommendation to fill the vacancies. When the Council liaisons to a committee agree on a recommendation for appointment, the item will be included on the consent calendar. When the Council liaisons to a committee do not agree on the recommendation for appointment, the item will be brought forward as a Council Business item as described in Section B(4) of this policy.
10. If the spouse or significant other of a City Council member is an applicant to fill a vacancy on an advisory committee, the City Council member must recuse themselves from voting on that appointment.
C. Council Appointments to the Design Review Board and Planning Commission
1. The City Council shall make appointments to the Planning Commission and Design Review Board in accordance with the membership requirements of Chapter 2.34 “Planning Commission” and 2.38 “Design Review Board” of the Del Mar Municipal Code, respectively.
17 October 21, 2024 Item 10
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 3 OF 6
2. It shall be the policy of the City Council to hold interviews for appointments to the Planning Commission and Design Review Board only when applications received for such commission or board exceed the number of vacancies.
3. Interviews shall be public and televised as part of the City Council meeting.
4. If, by the application deadline, the number of applications received by the City for such board or commission equals or is less than the number of vacancies, then there shall be an automatic extension of time to accept applications.
5. Prior to the City Council meeting where the Council will vote on an appointment, an un-redacted copy of all qualified Citizen Interest Forms will be provided to the full City Council in order to allow the full Council to review applicant information and contact interested applicant(s) prior to the meeting if so desired.
6. In accordance with Del Mar Municipal Code Chapter 2.30 “Commissions, Boards and Committees: General Provisions”, it shall be the City Council’s policy to select for appointment the candidates who received three affirmative votes by the City Council. In the case where a candidate does not receive three affirmative votes, the Council may re-vote or direct the City Clerk to re-advertise the vacancy.
7. When there are advertised vacancies for Planning Commission or Design Review Board, the City Clerk will bring forward to the City Council the names of the candidates and the number of vacancies. After interviewing candidates in a public forum, the City Council will vote on the candidates to fill the vacancies. The City Clerk will read aloud the vote of each Council member.
8. Because of conflicts of interest which might exist, or which might give the appearance to the public of existing, and in order to preserve public confidence in the City’s vital planning processes and avoid questions of fairness and bias, prejudice or influence, the immediate family member, of a City Council member, Design Review Board Member or Planning Commissioner may not serve or be appointed to serve simultaneously on the Design Review Board or Planning Commission. For purposes of this policy, immediate family member is defined as an individual’s parent, child, spouse, significant other, or sibling living.
9. In accordance with Section C(8) of this policy, should an immediate family member of a Design Review Board Member or Planning Commissioner be elected to serve on the City Council, said Board Member or Commissioner shall be required to resign from their position no later than the day prior to the day the City Council member’s term of office commences.
18 October 21, 2024 Item 10
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 4 OF 6
D. City Advisory Committee Membership Categories
1. Subject to the membership limits set forth in Section E(6) of this policy, the City Council may designate seat(s) for ex-officio members in a committee’s charter. Exofficio members are non-voting subject matter experts who may be residents or nonresidents.
2. Subject to the membership limits set forth in Section E(6) of this policy, the City Council may designate membership categories for business representatives in a committee’s charter. Business representatives are business owners or operators whose business has a physical entity within the City of Del Mar and who have a current City of Del Mar business license.
E. Concurrent Committee Assignments, Term Limits and Length, Membership Size and Rotation of Chair and Vice Chair
1. It shall be the policy of the City Council to limit the number of concurrent appointments that any one individual has to City Council advisory committees, Design Review Board, and Planning Commission. The limit of concurrent appointments shall be two. If an individual has two concurrent appointments, they will not be eligible to serve on ad hoc committees, except in special circumstances as determined by the Council or Council liaisons.
2. The number of consecutive terms an individual may serve on a committee is two, as further described in Section E(5) below. However, the City Council has the flexibility to make an exception if they feel it is to the benefit of the committee to re-appoint an individual for a third term. Committee members who would like to continue to serve another term once their appointed term has expired must re-apply by filing a Citizen Interest Form prior to the advertised deadline for applications. Former committee members must wait one year from the expiration of their second consecutive term before being appointed to the same committee.
3. The term length for all City Council advisory committees shall be three years. Terms will expire on the last day of the month.
4. The term length for voting members of the Planning Commission and Design Review Board shall be four years, in accordance with Del Mar Municipal Code Sections
2.34.020 and 2.38.020, respectively. The term length for ex-officio members on the Design Review Board shall be two years, in accordance with Del Mar Municipal Code Section 2.38.020.
19 October 21, 2024 Item 10
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 5 OF 6
5. In order to ensure that terms remain appropriately staggered, individuals appointed to fill an unexpired vacancy shall finish the remainder of the term of the vacating committee member. If the balance of the vacant term is less than six (6) months, it shall not count as a term towards the two-consecutive-term limit.
6. All City advisory committees have a maximum committee membership of seven (7) to nine (9) total members, including ex-officio members, at the recommendation of the committee’s Council liaisons and approval of the full City Council. If a committee membership size is to be reduced via attrition, attrition shall not affect members who complete their first term and are eligible and wiling to serve a second term. However, such members must be recommended for reappointment by the committee’s Council liaisons, and their reappointment shall be confirmed by the full Council at a Council meeting.
7. It shall be the policy of the City Council that the members of each advisory committee appoint a chair, vice chair and secretary at the last meeting of the calendar year, with the new chair serving at the first meeting of the new year, and that the these positions rotate annually among all the committee members. It is recommended that the vice chair assist with committee responsibilities and provide for a succession plan for chairing the committee. In the event a committee does not have volunteers to serve as chair and vice chair, then the committee has the flexibility to allow consecutive appointmentsto the chair/vice chair or secretary positions, i.e. rotation of such positions among the members is not required if there are no volunteers to serve in those positions.
At the discretion of the committee, the vice chair and secretary positions may be filled by the same committee member.
8. It shall be the policy of the City Council that the members of the Design Review Board and Planning Commission appoint a chair and vice chair at the last meeting of the calendar year, with the new chair serving at the first meeting of the new year, and that the these positions should rotate annually among all the members. The functions of a secretary for the Design Review Board and Planning Commission, such as preparing minutes, will be managed by City staff.
F. Incumbents to Serve Until New Appointments Confirmed It shall be the policy of the City Council to allow an incumbent on a City Council advisory committee, Design Review Board, or Planning Commission, whose term has expired to continue to officially serve until the vacancy is filled or three months has passed, whichever occurs sooner.
20 October 21, 2024 Item 10
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
200
CITY COUNCIL ADVISORY
COMMITTEES, BOARDS AND
COMMISSIONS
DATE REVISED: 04/04/2022
BY RESOLUTION: 2022-25
PAGES: PAGE 6 OF 6
G. Attendance Policy for Boards, Commissions, and Committees In accordance with Del Mar Municipal Code Chapter 2.30, if a member of a City advisory committee, Design Review Board, or Planning Commission is absent from three regular, adjourned, or special meetings within a 12-month period without cause, the term of said member is automatically vacated. Council liaisons to the commission, board, or committee shall determine whether the absence was for cause. If an advisory committee, which does not include the Design Review Board or Planning Commission, does not have two Council liaisons, then the Mayor and the Deputy Mayor shall act as liaisons to that commission, board, or committee for this purpose. If the liaisons do not agree about whether the absences were without cause so as to warrant removal, the item will be presented to the full City Council to make the determination.
H. Formation and Dissolution of Boards, Commissions, and Committees
1. New committees must be formed by Resolution of the City Council and must include a committee charter detailing, the committee mission/purpose, type of committee (standing or ad-hoc), membership requirements, conflict of interest requirements, and open meeting requirements.
2. If the newly formed committee is an ad-hoc committee, the Resolution and charter should include a sunset date. The sunset date can be extended by Council action, if necessary.
3. Committees may be dissolved by Resolution of the City Council at any time or during the annual review of the City Council Local Appointments. Ad hoc committees shall automatically be dissolved on their sunset date unless extended in advance by the City Council.
I. City Council Review of City Board, Commission, and Committee System At least every four (4) years the City Council shall establish a subcommittee or alternative process to review the City’s boards, commission and committee system to provide recommendations to improve committee efficiencies to the City Council. However, the City Council may, in its discretion, elect to review the City’s boards, commission and committee system outside of the four (4) year review as it deems necessary. 21 October 21, 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 21, 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 November 18, 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 must 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. During the initial application process from September 10 to September 27, 2024, Council received two applications from Tedd Bakker and Jeff Sturgis. A third application was received prior to the deadline but was subsequently withdrawn.
On October 7, 2024, the City Council interviewed the two applicants from the initial application period and heard related public comments. After several rounds of voting resulted in a 2-2 tie Council vote, with neither applicant receiving the affirmative votes to be appointed, the Council directed staff to reopen the vacancy through Friday, October 11, 2024, at 4:30 p.m. to solicit additional interest.
The Council directed staff to return on October 21, 2024, with all applications received during both application periods for Council review and consideration. Following the Council interviews on October 7, 2024, Ted Bakker withdrew his application from consideration. 1 October 21, 2024 Item 11
City Council Agenda Report
City Councilmember Vacancy – Application Review and Interviews October 21, 2024
DISCUSSION/ANALYSIS:
In accordance with Council direction, staff readvertised the Council vacancy from October 8, to October 11, 2024, at 4:30 p.m. Recruitment efforts included sending out e-blasts and advertising the vacancy in the Del Mar Weekly, publishing a notice of vacancy in the Union Tribune, and posting on the Del Mar City Council and Committee Vacancy webpages.
There are currently three applications from Del Mar registered voters received during the application periods, which are included as Attachment A for the Council’s review and consideration.
The following qualified candidates, who are listed in alphabetical order by last name, timely submitted applications to the City:
• Nicole Gesher
• Jas Grewal
• Jeff Sturgis
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 appointment. As a standard Council practice, the individual candidates are not discussed by the Council prior to voting.
An applicant requires an affirmative vote from a majority of those Councilmembers present and voting to be appointed to the Council.
If an appointment is made on October 21, 2024, the oath of office would be administered to the candidate at the start of the next regular City Council meeting on November 18, 2024, after which the sworn-in Councilmember would immediately begin his or her term. The appointed successor Councilmember will serve the remainder of the vacant term through December 2026.
If no candidate receives the affirmative votes needed for appointment, 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;
• Call for a special election to take place as early as March of 2025, and direct staff to bring forward the necessary resolutions to call for a special election. The election timing will depend on when the election is called (Section 36512). 2 October 21, 2024 Item 11
City Council Agenda Report
City Councilmember Vacancy – Application Review and Interviews October 21, 2024
If no appointment is made by November 23, 2024, the position could remain vacant with the seat filled at the next regularly scheduled election in November 2026. However, this is not a recommended approach as failing to appoint or call for a special election in compliance with Section 36512 exposes the City to legal risk.
Special Election Information
California Elections Code Section 1000 establishes the election dates in odd numbered years as the first Tuesday after the first Monday in March (March 4, 2025) or the first Tuesday after the first Monday in November (November 4, 2025).
The Council must adopt the necessary resolutions to call for a consolidated special election.
Should the Council decide to call for a special election, the election will be held on the next regularly established election date not less than 114 days from the call of the special election as required by Section 36512.
To hold the election on March 4, 2025, the City Council must adopt the resolutions ordering the election by Saturday, November 9, 2024. If Council takes action to call the election from November 10, 2024, through November 23, 2024 (60 days from the vacancy), the election will be held on November 4, 2025.
The rough cost estimate for a special election consolidated with the County of San Diego Registrar of Voters (ROV) is estimated to be between $126,000-$250,000. This rough estimate was provided by the ROV and is based on similar past special elections. At this time, no other agencies in the County plan to hold an election in 2025, so the cost for the special election would fall entirely on the City of Del Mar.
If the City Council decides to proceed with a special election, staff will work with the ROV on the timing, logistics, and cost estimate for the election and return to City Council with the necessary resolutions at a future meeting, as directed.
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 3 October 21, 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.
Gesher Nicole A
Del Mar, CA
I am an attorney/mediator, licensed in California since 2007, who is a proud resident of Del Mar. I am excited to have the opportunity to give back to my community.
I graduated from the University of Michigan, Ann Arbor with High Honors in 2003, and from UC Hastings College of the Law in 2007.
My work is comprised of helping people come to collaborative solutions through mediation. I am also active at my children's school, where I serve on the Board of Trustees.
None currently.
4 October 21, 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 comment (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.
OFJCC Preschool Committees, Hausner School committees, San Diego Jewish Academy Board of Trustees.
River Cohen Crest
Ellen Mitgang Crest
Patty O'Sullivan Crest
August 1986
August 2021
August 2021
✔
✔
✔
✔
5 October 21, 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.
I love living in Del Mar, and I'm committed to working hard for the community.
Climate change, traffic concerns, environmental issues, inclusivity. 10/08/2024
6 October 21, 2024 Item 11
1 Sarah Krietor
From: Nicole Gesher < >
Sent: Tuesday, October 8, 2024 1:44 PM
To: City Clerk Mail Box
Subject: City Council Application - Nicole Gesher
Attachments: Del Mar City Council Application.pdf
Follow Up Flag: Follow up
Flag Status: Completed
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear City Clerk,
Please find my application for City Council attached.
Best regards,
Nicole
7 October 21, 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.
Grewal Jas (aka Jaswinder) K
Del Mar, CA
I have business, non-profit, and civic experience, which will support my ability to do this job.
See below for details. Given the city's issues in the coming years will largely be related to land use and finance, my experience as a member of the Planning Commission and former member of the Finance Committee will be very relevant.
I have a Master's Degree in banking and finance. Golden Gate University, San Francisco (1989). Bachelor of Science from University of Toronto, Canada (1979). 23 years as banking executive with First Interstate Bank, Wells Fargo, and California Bank & Trust. Two terms on La Jolla Town Council, replacing Scott Peters. Trustee on the Board of the San Diego Museum of Art for six years. Numerous committees for more than 10 years.
Founder and Board member of SAAC at the Museum for 18+ years. Founder & Board member of TiE San Diego for 11+ years to foster entrepreneurship in the San Diego.
Current serving on Del Mar Planning Commission. Formerly on Del Mar Arts and Culture Committee (2021-22) and served on Del Mar Finance Committee for six years (2018-24).
Chair of Citizen Housing Task Force (2020).
8 October 21, 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 comment (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.
Formerly on Del Mar Arts and Culture Committee (2021-22) and served on Del Mar Finance Committee for six years (2018-24). Chair of Citizen Housing Task Force (2020).
Harriet Wadia Lunetta Dr
Dr. Sudhir Malik Stratford Ct
Claire McGreal Stratford Ct
August 1979
October 1992
October 1992
✔
✔
✔
✔
I love the City of Del Mar and our community and I want to do my very best to preserve the character of the city and adhere to the Community Plan. 9 October 21, 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. Comply with the Housing Element to ensure we meet the state's mandates in a way that works for Del Mar.
2. To ensure that the train finds a new path that does not disrupt businesses and residents in Del Mar.
3. Create a cohesive Council so we can all work together for the benefit of our residents.
State mandates. The train relocation. And we need to ensure we have a functioning Council.
Oct 11, 2024
10 October 21, 2024 Item 11
1 Sarah Krietor
Subject: FW: Application for Del Mar Council Vacancy
From: jas.grewaldm < >
Sent: Friday, October 11, 2024 4:02 PM
To: City Clerk Mail Box <[email protected]>; Kseniia Izgarskaia <[email protected]> Subject: Application for Del Mar Council Vacancy
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hello
Please accept the attached application for the vacancy on city council.
I am traveling or I would have come in person to deliver the application.
Please confirm receipt.
Thank you.
Jas Grewal
Sent from my T-Mobile 4G LTE Device
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Kseniia Izgarskaia, Senior Management Analyst
Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: October 21, 2024
SUBJECT: Adoption of the 2025 City Council Meeting Schedule REQUESTED ACTIONS/RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution (Attachment A) approving the 2025 City Council Meeting Schedule (Exhibit A to Attachment A) or provide direction to staff regarding changes to the proposed schedule.
BACKGROUND:
Del Mar Municipal Code (DMMC) Section 2.20.040(A) states that, “Regular meetings of the City Council shall be held on the first and third Monday of each month,” and further states that, “The City Council may, by resolution, designate another date, time, and location for a regular meeting.” The DMMC, and the procedures adopted by the City Council through Resolution 2009-40, require the City Council to annually adopt a meeting schedule for the upcoming calendar year, identify any regular meeting dates to be cancelled, and designate any new dates as regular meetings.
DISCUSSION/ANALYSIS:
The proposed 2025 City Council Meeting Schedule is included as Exhibit A to Attachment A.
The 2025 City Council Meeting Calendar is included as Attachment B and visually displays the meeting schedule in calendar format. If the City Council finds that additional meetings are needed during the calendar year, the Council can add meetings by scheduling a special meeting or adjourning a regular meeting to a new date.
Proposed Changes to the 2025 Regular Meeting Schedule
Typically, the City Council meets twice per month in accordance with the schedule described in the DMMC as referenced above. However, it is not uncommon for the Council to modify the meeting schedule, when necessary, which is usually related to holidays. As such, staff is proposing the following changes to the 2025 City Council meeting schedule:
1) Based on the City Council’s regular meeting schedule, the second meeting of January would fall on January 20, 2025. However, this is an observed City Holiday (Martin Luther King Day) when City offices are closed. Therefore, staff recommends that the City Council hold the second meeting of the month on Tuesday, January 21, 2025. 1 October 21, 2024 Item 12
City Council Agenda Report
City Council 2025 Meeting Schedule
October 21, 2023
2) The second meeting of February falls on February 17, 2024, which is also an observed City Holiday (President’s Day). Staff recommends that the City Council hold the second meeting of that month on Tuesday, February 18, 2025. 3) Traditionally, the City Council takes a month-long summer recess, which historically took place during the month of August. In 2024, the City Council shifted the recess period earlier and took a recess from the second half of July through the first half of August. This was because other cities and regional organizations, including the Fairgrounds, take recesses in July and August, which coincides with the traditional school year summer break when many staff like to take scheduled time off.
This change worked well in 2024, and staff recommends continuing the practice in 2025, by forgoing the second regularly scheduled meeting in July (July 21) and first regularly scheduled meeting in August (August 4).
If the City Council finds that a meeting is needed during the Council summer recess, the Council can call a special meeting, which has been the case on occasion in prior years as urgent City matters may arise.
4) The first meeting of September falls on September 1, 2025, which is an observed City Holiday (Labor Day). To avoid scheduling impacts associated with Labor Day, staff recommends that the Council hold that month’s meetings on Monday, September 8, and Monday, September 22, 2025.
Special Meetings
In years in which the City’s two-year budget is developed, the City Council typically holds two special meeting workshops to facilitate the preparation of the budget. First, the City Council holds a Goals and Priorities Workshop in the first part of the calendar year to establish the City’s priorities and work plan which are taken into consideration for the upcoming budget development process. Once the Mayor and Deputy Mayor are seated for 2025, staff will schedule a meeting to discuss possible dates and a format for the 2025 Council Goals and Priorities Workshop, which will be presented to Council for discussion and feedback prior to scheduling.
The City Council then holds a City Council Budget Workshop in May to review the proposed two-year budget and provide specific direction to staff that is informed by the Council’s goals and priorities. The date of this meeting will be determined based on Council availability and timing for preparation of the draft budget for Council consideration. The Fiscal Years 2025- 2026 and 2026-2027 Operating and Capital Budget will be adopted at a regular City Council meeting prior to July 1, 2025.
FISCAL IMPACT:
There is no fiscal impact or action to be taken related to this agenda item.
ATTACHMENTS:
Attachment A – Resolution Adopting the 2025 City Council Meeting Schedule Exhibit A to Attachment A - 2025 City Council Meeting Schedule Attachment B – Proposed 2025 City Council Meeting Calendar 2 October 21, 2024 Item 12
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, DESIGNATING REGULAR MEETINGS OF
THE CITY COUNCIL FOR THE 2025 CALENDAR YEAR
WHEREAS, Del Mar Municipal Code Section 2.20.040 Regular Meetings, Subsection A, states that “Regular” meetings of the City Council shall be held on the first and third Monday of each month in the City Council Chambers; and WHEREAS, Del Mar Municipal Code Section 2.20.040 Regular Meetings, Subsection B, states that “The City Council may, by resolution, designate another date, time, and location for a regular meeting;” and
WHEREAS, Council adopted Resolution No. 2009-40 establishing procedures for setting the Council meeting schedule on an annual basis; and WHEREAS, it is important that the public know and understand when the City Council will conduct its regular meetings; and
WHEREAS, it is also important that there be flexibility in the schedule of regular meetings in order to complete the City’s business.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the City Council hereby designates the dates and times and location for the regular and special meetings for the 2025 calendar year and cancels any remaining regularly scheduled meetings pursuant to the Del Mar Municipal Code as described in Exhibit A to this Resolution, and directs the City Clerk to post the adopted schedule at City Hall and on the City’s website.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 21st day of October 2024. _____________________________
Dave Druker, Mayor
City of Del Mar
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
City of Del Mar
3 October 21, 2024 Item 12
Resolution No. 2024-XX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2024-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 21st day of October 2024, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
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City of Del Mar
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us 2025 City Council Meeting Schedule
Regular Meetings are held at the Del Mar Town Hall, 1050 Camino del Mar, Del Mar, or remotely if there is a declared emergency, at 4:30 p.m. on the date shown, unless otherwise noted on the published agenda. Special Meetings and/or City Council Workshops may be held in an alternate location or remotely during if there is a declared emergency.
DATE MEETING TYPE
Monday, January 6, 2025 Regular
Tuesday, January 21, 2025 Regular
Monday, February 3, 2025 Regular
Tuesday, February 18, 2025 Regular
Monday, March 3, 2025 Regular
Monday, March 17, 2025 Regular
Monday, April 7, 2025 Regular
Monday, April 21, 2025 Regular
Monday, May 5, 2025 Regular
Monday, May 19, 2025 Regular
Monday, June 2, 2025 Regular
Monday, June 16, 2025 Regular
Monday, July 7, 2025 Regular
Monday, August 18, 2025 Regular
Monday, September 8, 2025 Regular
Monday, September 22, 2025 Regular
Monday, October 6, 2025 Regular
Monday, October 20, 2025 Regular
Monday, November 3, 2025 Regular
Monday, November 17, 2025 Regular
Monday, December 1, 2025 Regular
Monday, December 15, 2025 Regular
Adopted by Resolution 2024-XX
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30 Key:
City Council Meeting
City Holiday
Special Meetings: City Council Goals and Priorities Setting Workshop; Budget Workshop - TBD Approved 10/21/2024
2025 Del Mar City Council Meeting Calendar
July August September
October November December
January February March
April May June
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