Table of Contents
Agenda.pdf Item 01 - Proclamation - Public Works Week.pdf Item 02 - Donation from Friends of the San Dieguito River Valley for River Path Extension.pdf Item 04 - Action Minutes 04-20-2015-Special.pdf Item 05 - List of Demands.pdf Item 07 - Solid Waste CPI Adjustment and Roll-Off Stand-By Charge Resolution.pdf Item 08 - City Engineer Contract Amendment.pdf Item 09 - Authorization for Project Management Agreement.pdf Item 10 - CAllTower Hosted VOIP Agreement.pdf Item 11 - Acceptance of Coastal Commission Grant Agreement.pdf Item 12 - 15th Street and Stratford Court Improvements.pdf Item 13 - Amendments to the City’s Personnel Rules Re Sick Leave.pdf Item 14 - Dissolution of SANDPIPA.pdf Item 15 - Amendments to SIGNS DMMC 30.84.pdf Item 16 - Establishment of an Ad-hoc Development Review Process Citizens Committee.pdf Item 18 - City Hall Meet & Greet Input.pdf Item 19 - Staff Report - 5-18-15 - Drought Response - Full Packet.pdf
2 10 11 16 18 33 44 48 67 93 138 141 152 180 233 242 252
Del Mar City Council Meeting Agenda Del Mar Communications Center 240 Tenth Street, Del Mar California
Al Corti Mayor
Sherryl Parks Deputy Mayor
Welcome to the Del Mar CitY Council Regular Meeting Monday, May 18,20'|.5 at 6:00 P.m. It is the intention of your City Council to be receptive to your concerns about your community. Your participation in local government will assure a responsible and efficient City of Del Mar'
Regular Meetings of the City Council are held on the first and third Mondays of the month beginning at 6:00 p.m. Council meetings are occasionally held on the second Mondays and/or special meetings called. For further information regarding the scheduling of meetings or meeting agendas, check the City's website at www'delmar'ca.us, or call the Administrative Services Department at (858) 755-9313' You may sign up on the City's website for email notifications of public meetings. A full city council agenda packet with all backup information is available at City Hall, the Del Mar Library, and on the City's web site the Friday before each Council
meeting.
Camino del Mar during normal
business
this Agenda submitted to the City C agenda packet are available for public
item on of the
at 1050 nline.
during the ORAL COMMUNICATIONS portion of the agenda.
When addressing the Council, please step up to the podium and state your name and address for the record. Each speaker wiil have up to three minutes to speak at the discretion of the Mayor. Whenever possible, lengthy testimony should be presented to the Council in writing and only peftinent points presented orally.
Consent Calendar: ltems on the Consent Calendar will be enacted in accordance with the recommendations in one motion unless removed from the Consent Calendar by Council, staff, or a member of the public. lf you
wish to remove an item from the Consent Calendar, please submit a "speaker Slip" to the City Clerk prior to the meeting. Removed items will be considered after the motion to approve the Consent Calendar.
Agenda items MAY be addressed in any order at the discretion of the Mayor.
Special Needs: ln compliance with the Americans with Disabilities Act, if you need special assistance to pårticipate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar, or by catiing (g5B) 7SS-93t3. Not¡t¡cation of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. As a coudesy to all meeting attendees, please set cellular phones and pagers to silent mode and engage in conversations outside the Council Chambers.
City of Del Mar, '1050 Camino del Mar, Del Mar, CA 92014 Phone: 858-755-9313 Fax: 858-755-2794
May 18,2015
Del Mar Gity Council Regular Meeting nda
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CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE COMMUN ITY ANNOUNCEMENTS AND PRESENTATIONS
1. Proclamation for National Public Works Week from
May 17 - 23,2015
Recommended Action: Announce Proclamation
Reference: Clerk's File No. 1201-5
2. Authorization to Accept a Donation from the Friends of the San Dieguito River Valley in Support of the River Path Del Mar Extension Project, and Amend Fiscal Year 2013:20'14 and 2014-20'15 Operating and Gapital Budget Accept a donation from the Friends of the San Dieguito River Valley in the amount of $5,000 in supporl of the River Path Del Mar Extension Project, and amend the Fiscal Year 2013-2014 and 2014-2015 Operating and Capital Budget accordingly. Recommended Action
Reference: Clerk's File No. 201-16
3. Presentation by the 22"d District Agricultural Association Regarding
the
2015 San Diego County Fair Recommended Action: Receive presentation
Clerk's File No. 1502-10
IV.
ORALCOMMUNICATIONS Each person wishing to speak before the City Council on any matter shall submit a "Speaker Slip" to the City Clerk. When the Mayor recognizes you, please come forward and state your name and address. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and you may be asked clarifying questions about your issue. Your information 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 lS 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.
GOVERNING BODYACTIONS/COMMENTS
May 18,2015
Del Mar City Gouncil Regular Meeting da
VI.
CITY MANAGER REPORTS
VII.
CONSENT CALENDAR
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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 considered separately at the end of the agenda.
4. Approval of Minutes: April 20,2015 Special
Meeting
Recommended Action: Approve Minutes
Reference: Clerk's Minutes Book
5. Ratification of List of Demands, dated Recommended Action
May 18,2015
Ratify the Lists 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. Notification of Solid Waste Gollection Rate Increases for Fiscal Year 20152016, and Adoption of a Resolution lmplementing a Roll-Off Stand-By Time Charge Recommended Action: Receive the report, and adopt the proposed resolution implementing a Roll-Off Stand-By Charge of $1.95 per minute.
Reference: Clerk's File No. 401-4
8. Engineering Services Contract Amendment with Michael Baker International (formerly RBF Consulting) Recommended Action Authorize the City Manager to execute a contract amendment to the Professional Services Agreement with Michael Baker lnternational to provide Engineering Services through June 30,2017, for a notto-exceed amount of $470,000. The amendment does not require any changes to the approved Fiscal Year 2014-2015 Operating and Capital Budget. Reference: Clerk's File No. 406-1
Del Mar City Council Regular Meeting Agenda
May 18,2015 Pa 4
9. Authorization of a Not-to-Exceed Expenditure of $500,000 for Professional Consulting Services for Project Management Services for Gity Capital lmprovement Projects including the City Hall/Town Hall Project (RFO 2015-06), Street and Sidewalk lmprovements, Utility lmprovements and City Facility Maintenance/lmprovement Project, and Authorization for the City Manager to Negotiate and Execute Related Agreement(s) Recommended Action: Staff recommends that the City Council authorize a notto-exceed amount of $500,000 for Professional Consulting Services for Project Management Services for City Capital lmprovement Projects including the City Hall/Town Hall Project, Street and Sidewalk lmprovements, Utility lmprovements and City Facility Maintenance/lmprovement Projects related to RFQ 2015-06. The proposed funds shall be expensed to the corresponding CIP projects based on actual services performed. Staff recommends that the City Council authorize the City Manager to engage in negotiations and execute an agreement for said services.
Reference: Clerk's File No. 307-7
l0.Authorize the City Manager to Enter into a Three-Year Agreement with GallTower, lnc. for Hosted Voice Over lP (VOIP) Phone Service in the Amount of $68,355 Recommended Action: Authorize the City Manager to enter into a three-year agreement with CallTower, lnc. for Hosted Voice over lP phone service in the amount of $68,355.
Reference: Clerk's File No. 406-1
ll.Acceptance of a Grant Award from the Galifornia Goastal Gommission and Authorize the City Manager to Execute the Grant Agreement between the California Goastal Commission and the Gity of Del Mar Recommended Action: Accept the grant award and authorize the City Manager to execute the Grant Agreement.
Reference: Clerk's File No. 201-13
l2.Reject Bids for the 15th Street and Stratford Court Pedestrian Crossing lmprovements Project Recommended Action: Staff recommends that the C ity Council reject all bids for the 15th Street and Stratford Court Pedestrian Crossing lmprovements Project as the submitted bids exceed the Community Development Block Grant (CDBG)funding currently budgeted to complete the project.
May 18,2015 Page 5
Del Mar City Council Regular Meeting enda
'Reference: Clerk's File No. 803-3
l3.Amendments to the City's Personnel Rules & Regulations Manual to lmplement Requirements of Assembly B¡ll 1522, "The Healthy Workplaces, Healthy Families Act oÍ 2014" Recommended Action: Adopt the proposed resolution to amend the City's Personnel Rules & Regulations Manual to implement paid sick leave for parttime, seasonal, temporary employees as required by Assembly Bill 1522 (AB 1522), "The Healthy Workplaces, Healthy Families Act of 2014," and amend certain use provisions of sick leave for full-time employees in accordance with AB 1522.
Reference: Clerk's File No. 503-1 ,4O1-7 14.
Resolution Approving Termination of the San Diego Pooled lnsurance Program Authority (SANDPIPA) Joint Powers Authority and Amendments to the Joint Powers Agreement Recommended Action: Adopt the proposed resolution approving termination of the San Diego Pooled lnsurance Program Authority (SANDPIPA) Joint Powers Authority and Amendments to the Joint Powers Agreement.
Reference: Clerk's File No. 403-4
VIII. PUBLIC HEARINGS
l5.lntroduction
of an Ordinance to
Amend the Provisions
of Del Mar
Municipal Code (DMMC) Ghapter 30.84 SIGNS (Zone Code Amendment ZA-14-OO7) to Allow and Regulate Blade Signs and Chalkboard (A'Frame) Signs and Modify the Galculations for the Permitted Sign Area
Recommended Action: Staff requests that the City Council receive the staff report and public testimony and introduce the ordinance which amends the Zoning Code for Signage, Section 30.84 to allow and regulate Blade Signs and Chalkboard (A-Frame) Signs and modify the calculations for the Permitted Sign Area.
Reference: Clerk's File No. 401-4, 401-9, 303-2
May 18,2015
Del Mar Gity Gouncil Regular Meeting enda IX
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L OTHER BUSI
of an Ad-hoc Development Review Process Citizens' and Direction on the Make-up and Selection Process Gommittee Advisory for Committee Members
l6.Establishment
Recommended Action: Adopt the proposed resolution to establish an Ad-hoc Development Review Process Citizens' Advisory Committee and direct staff to advertise for candidates for the Committee and to schedule interviews for Committee appointments.
Reference: Clerk's File No.401-5
17. Gommunity Forum on the City Hall/Town Hall Project Design This is an open forum for short presentations or comments by community members regarding the design of the City Hall/Town Hall Project. Community members are provided an opportunity to speak for up to 3 minutes to share their comments about the project's design, with the overall Forum not to exceed 30 minutes. 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 and must be provided beforehand.
18.City Hall/Town Hall/Givic Plaza Architects'Meet & Greet Gommunity lnput Recommended Action: Staff requests that the City Council receives the staff report and public testimony and direct staff on future discussion items for the City Hall/Town Hall/Civic Plaza program, potential activities, or design direction.
Reference: Clerk's File No. 307-7 19. Proposed Drought Response Plan
for the City of Del Mar
Recommended Acti on: Receive the report and provide direction to staff on implementation of the proposed drought response plan for the City of Del Mar to adhere to the water shortage regulations mandated by the State of California.
Reference: Clerk's File No. 907-6
May 18, 2015
Del Mar City Council Regular Meeting nda X.
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COUNCIL PRIORITIES _ REPO RTS
ZO. A Council member assigned as a Liaison to a Subcommittee or 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 this agenda.
A.
22nd District Agricultural Association
- Community
Relations Committee
(Corti/Mosier)
B. City Hall Project Subcommittee (Corti/Mosier) C. CSA-17 Ambulance District Advisory Board (Parks/Corti) D. Business Support Advisory Committee (Corti/Mosier) E. Capital lmprovement Projects subcommittee (Mosier/corti)
F.
Fairgrounds Master Plan/ElR Advisory Committee (SinnotUCorti)
G. Finance Committee (Corti/Sinnott)
H. Fire Services Subcommittee (SinnotUParks)
l.
Housing Element Advisory Committee (MosierAlVorden)
J.
Legislative Advocacy Subcommittee (Mosier/Sinnott)
K. North San Diego County Transit Development Board
(NCTD)
(Mosier/Corti)
L.
Parks and Recreation Committee (SinnotVParks)
M. Planning Process Subcommittee (Corti/Mosier)
N. Regional Solid Waste Association (SinnotVMosier) O. San Diego Association of Governments (SinnotUWorden) P. San Diego Metropolitan wastewater comm. (Parks/Minicilli) Q. San Dieguito Lagoon Committee (MosierAlVorden)
R. San Dieguito River Valley Reg. Open Space JPA (MosierAfforden)
S. Shores Advisory Committee (Parks/Sinnott) T. SONGS (San Onofre Nuclear Power Station) (MosierAlVorden)
U. Sustainability Advisory Board (MosierA/Vorden)
V. Traffic and Parking Advisory Committee (Parks/Worden) W. Other Committee-Subcommittee Reports
Subcommittee
May 18,2015
Del Mar City Council Regular Meeting enda
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UPCOMING AGENDA ITEMS
The following topics/items are planned for upcoming agendas. Please watch our web site: www.delmar.ca.us for City Council Agendas. Final agendas are posted at City Hall72 hours in advance of the meetings and are also posted on our web site with the accompanying report. Please note that the wording for topics listed below may change once the final agenda is published. June 201 5 . City Hall Open House to Review Concept Alternatives, June 1, 5-6 p.m. . Adoption of Fiscal Year 2015-16 and 2016-17 Operating and Capital Budget . Adoption of the Capital lmprovement Program . Drought Update and Action Plan . Proclamation for 50th Anniversary of Lifeguard Services
.
Appointments to the Business Support Advisory Committee, Parks & Recreation Committee, and Sea-Level Rise Stakeholder-Technical Advisory Committee (STAC)
XII.
ADJOU NIMENT
CERTI FI CA TION
l, Andrew Potter, Administrative Services Director for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall and distributed to the City Council on May 1 4,2015, at approximately 2:00 p.m.
Mav 14.2015 Potter
Date
"ROCLJAJILAIION National Public Works Week May 17 - 23, 2015 "Community Begins Here" WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and WHEREAS, the health, saf.ety and comfort of this community greatly depends on these facilities and¡services; änd. of these facilities' as well as vitally depe'ndent upon the
WHEREA their planning, efforts and skill
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works depar:tmênts is materially influenced by the people's attitude and understanding of the.i,mporta'nce of the work they perform, WHEREAS, the dedicated employees who staff our Public Works Department invite our citizens to join the Public Works' staff for lunch during the Annual Open House to be held on Thut'sday, lt|ay 21, 2015 beginning at 1'1:30 AM and continuing until 1:00 PM' NOW, THEREFORE, l, Al corti, Mayor of the city of Del Mar, do hereby proclaim the week of May 17 - 23,2015, as National Public Works
Week in the City
of Del Mai, and call upon all citizens and civic
organizations to aôquaint themselves with the issues involved in providing ou-r public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life'
Dated. May 18,201
AL CORTI, 1
May 18, 2015
OR Item 01
City of Del Mar Staff Report TO:
Honorable Mayor and City Council Members
FROM:
Jon Terwilliger, Senior Management Analyst Joseph Smith, AICP, Senior Planner Via Scott W. Huth, City Manager
DATE:
May 18, 2015
SUBJECT:
Authorization to Accept a Donation from the Friends of the San Dieguito River Valley in Support of the River Path Del Mar Extension Project, and Amend Fiscal Year 2013-2014 and 2014-2015 Operating and Capital Budget
REQUESTED ACTION/RECOMMENDATION: Accept a donation from the Friends of the San Dieguito River Valley in the amount of $5,000 in support of the River Path Del Mar Extension Project, and amend the Fiscal Year 2013-2014 and 2014-2015 Operating and Capital Budget accordingly. DISCUSSION/ANALYSIS: As designated in the Community Plan, pedestrian access along the San Dieguito River and Lagoon is envisioned as a component part of the City’s Scenic Loop Trail – a seven-mile hiking trail around the City’s perimeter that is divided into seven key trail segments. 1 River Path Del Mar, an existing trail that is part of the San Dieguito segment of the Scenic Loop Trail, currently provides pedestrian access along the river’s south edge between the river mouth and Jimmy Durante Boulevard. The proposed extension would advance the River Path east from Jimmy Durante Boulevard to the Old Grand Avenue Bridge and bring the Scenic Loop Trail one step closer to a future connection at its Crest Canyon segment. In addition, the proposed extension implements a portion of a designated future pedestrian access way along the San Dieguito River and Lagoon as identified in Figure IV-A of the City of Del Mar certified Local Coastal Program (LCP) Land Use Plan (LUP).
1
The following seven segments create the Scenic Loop Trail: 1) San Dieguito Trail from Del Mar Bluffs Preserve to the north of Crest Canyon; 2) North Hills Trail connecting north hills residents to the San Dieguito Trail and the Seagrove Park; 3) Beach Bluff Trail extending from Seagrove Park south to the Del Mar Canyon; 4) Del Mar Canyon Trail; 5) Railroad City Trail crossing the City’s south end and a portion of the City of San Diego to the Torrey Pines Annex State Park; 6) Torrey Pines Annex Trail extending north toward Crest Canyon; and 7) Crest Canyon Trail linking back to San Dieguito Trail.
________________________________________________________________________________________________________
City Council Action:
1
May 18, 2015
Item 02
City Council Staff Report Authorization to Accept a Donation from the Friends of the San Dieguito River Valley May 18, 2015 Page 2 of 3
The proposed extension is being completed by the City in partnership with the San Dieguito River Valley Conservancy (Conservancy). Staff is currently working to complete the necessary authorizations from the various property owners involved in the project area, including the preparation of eight public access easements and plats. The project is now in the entitlement processing phase, with the first public hearing before the Planning Commission on May 13, 2015 in order to consider adoption of the Mitigated Negative Declaration (MND) and authorization of a Conditional Use Permit (CUP). Following, the project will undergo Design Review (tentative June 2015), require approval of a consolidated Coastal Development Permit (CDP) from the California Coastal Commission (CCC) (tentative July-August 2015), and acceptance of the project by the City Council (tentative July 2015). Depending on the state of project funding, construction for the project in part, or in its entirety, is slated to begin in October 2015 with a projected ribbon-cutting ceremony in December 2015. Funding and Deadlines On September 13, 2014, the Conservancy was awarded $150,000 in grant funding from the Neighborhood Reinvestment Program facilitated by San Diego County District 3 Supervisor Dave Roberts. The funds are designated for completing project design and environmental review, with any remaining funds to be applied toward construction costs. On November 17, 2014, the City Council authorized an agreement with the Conservancy for City staff to manage the project from initial design through construction. However, due to grant stipulations, funding for project design and environmental work must be expended within one year of the award (by September 13, 2015). To meet this deadline, staff has been diligent in coordinating efforts between the various stakeholders, environmental reviews and regulatory requirements as efficiently as possible in order to meet the funding deadline. The total project cost is estimated to be approximately $475,000; this cost includes project design, entitlements and easement acquisition, environmental review and mitigation, and construction. Approximately 50% of the needed funding has been committed; however, as of May 2015, the current funding gap is approximately $222,000. Donations for the project can be made to the City or submitted through the Conservancy’s website at: http://sdrvc.org/del-mar-river-path-extension-project. The City is also reviewing additional project funding options as part of the Fiscal Year 2015-2016 and 2016-17 Capital Budget review process. FISCAL IMPACT: Should the City Council accept Friends of the San Dieguito River Valley’s donation, the City’s Fiscal Year 2013-2014 and 2014-2015 Operating and Capital Budget will be amended as follows:
2
May 18, 2015
Item 02
City Council Staff Report Authorization to Accept a Donation from the Friends of the San Dieguito River Valley May 18, 2015 Page 3 of 3
ACCOUNT River Path Extension
FUND Open Space Capital Improvement Fund
ACCOUNT 21-6545-5900
AMOUNT $5,000
ENVIRONMENTAL IMPACT: There is no environmental impact associated with this action. PRIOR CITY COUNCIL REVIEW: On April 6, 2015, the City received an update on the status of the proposed River Path Del Mar Extension Project. ATTACHMENTS: Attachment A – Resolution 2015-XX
3
May 18, 2015
Item 02
ATTACHMENT A RESOLUTION NO. 2015-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ACCEPTING A DONATION FROM THE FRIENDS OF THE SAN DIEGUITO RIVER VALLEY IN SUPPORT OF THE RIVER PATH DEL MAR EXTENSION PROJECT, AND AMEND FISCAL YEAR 2013-2014 AND 2014-2015 OPERATING AND CAPITAL BUDGET WHEREAS, as designated in the Community Plan, pedestrian access along the San Dieguito River and Lagoon is envisioned as a component part of the City’s Scenic Loop Trail – a seven-mile hiking trail around the City’s perimeter that is divided into seven key trail segments; and WHEREAS, River Path Del Mar, an existing trail that is part of the San Dieguito segment of the Scenic Loop Trail, currently provides pedestrian access along the river’s south edge between the river mouth and Jimmy Durante Boulevard; and WHEREAS, the proposed extension would advance the River Path east from Jimmy Durante Boulevard to the Old Grand Avenue Bridge and bring the Scenic Loop Trail one step closer to a future connection at its Crest Canyon segment; and WHEREAS, the proposed extension is being completed by the City in partnership with the San Dieguito River Valley Conservancy; and WHEREAS, the Conservancy was awarded $150,000 in grant funding from the Neighborhood Reinvestment Program facilitated by San Diego County District 3 Supervisor Dave Roberts; and WHEREAS, the total project cost is estimated to be approximately $475,000; this cost includes project design, entitlements and easement acquisition, environmental review and mitigation, and construction; and WHEREAS, as of May 2015, the current funding gap is approximately $222,000; and WHEREAS, the Friends of the San Dieguito River Valley has notified the City that it wishes to donate $5,000 towards the River Path Del Mar Extension project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Del Mar, California, hereby: 1. Accepts a donation from the Friends of the San Dieguito River Valley in the amount of $5,000 towards the River Path Del Mar Extension project; and 2. The Fiscal Years 2013-2014 and 201-15 Operating and Capital Budget is amended as follows: Open Space Capital Improvement Fund
4
May 18, 2015
21-6545-5900
$5,000
Item 02
Resolution No. 2015-____ Page 2 of 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 18th day of May, 2015. _____________________________ AL CORTI, Mayor City of Del Mar APPROVED AS TO FORM: ____________________________ Leslie E. Devaney, City Attorney City of Del Mar ATTEST AND CERTIFICATION: STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF DEL MAR I, ANDREW POTTER, Administrative Services Director/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2015-_____, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 18th day of May, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____ _____ Andrew Potter Administrative Services Director/City Clerk City of Del Mar
5
May 18, 2015
Item 02
MINUTES Del Mar City Council Special Meeting Monday, April 20, 2015 Del Mar Communications Center 240 Tenth Street, Del Mar, California CALL TO ORDER/ROLL CALL – 5:00 P.M. Mayor Corti, Deputy Mayor Parks, Council Members Mosier, Sinnott and Worden. City Manager Huth, Assistant City Manager Delin, Assistant to the City Manager and Administrative Services Director Potter. PUBLIC COMMENT – CLOSED SESSION – 5:01 P.M. Mayor Corti opened the item to public comment and the following person spoke regarding Closed Session Item A: Victor Sturm, representing the Del Mar City Employees Association. Mayor Corti closed the item to public comment. Mayor Corti announced the authority for the Closed Sessions. CLOSED SESSION – 5:04 P.M. a. Conference with Labor Negotiators Authority: Gov. Code Section 54957.6 City Negotiators: City Manager, Assistant City Manager, Administrative Services Director and Assistant to the City Manager Employee Organization: Del Mar City Employees Association Reportable Action: None. b. Conference with Real Property Negotiator Authority: Gov. Code Section 54956.8 Property: APN No. 301-024-36 (Hidden Pines Road) City Negotiators: City Manager and Assistant City Manager Negotiating Parties: City of Del Mar Under Negotiation: Terms and conditions of proposed sale Reportable Action: None. c. Public Employee Performance Evaluation Authority: Gov. Code Section 54957 (b)(1) Position: City Attorney Reportable Action: None. 1
May 18, 2015
Item 04
DEL MAR CITY COUNCIL MINUTES APRIL 20, 2015 PAGE 2 ADJOURNMENT – 5:58 P.M. Mayor Corti adjourned the meeting at 5:58 p.m. _______________________________________________ ANDREW POTTER, Administrative Services Director ATTEST: _____________________________ AL CORTI, Mayor
2
May 18, 2015
Item 04
LIST OF DEMANDS CITY OF DEL MAR
for City Gouncil Meeting May l8 2015
Regular Vendor Payments (Attached) Voids Wires and EFïs Federal & State Taxes PERS Retirement (EFT) PARS Retirement (EFT) ICMA - Deferred Comp (Wire)
Approved by:
Sût ktm-"
$
5t1t2015,51812015 515115
412712015,51112015
4t27t2015,51112015 4 t23t201 5, 4127 1201
s,
51
1 I
201 5
4t27t2015,5l'112015
Total
$
270,934.63 7,61',|.29 31,257.11 43,552.61 1,314.50 10,131.62
364,801.76
Approved by:
S. McBroome Director of Finance/Treasurer
AlCorti
Date:
Date
Mayor
5t13t2015
Attachments: Check Registers
1
May 18, 2015
Item 05
0413012015 8:17:164M
: qunion GENERALACCOUNT Gheck# Date Vendor Bank
112643
UNION B¡
AT&T 112643 112644 5t1t2015 sbc03 AT&T 112644 Voucher: AT&T 112645 51112015 sbcO3 112645 Voucher: AT&T 112646 51112015 sbc03 Voucher: 112646 112647 5t1t2015 sbc03 AT&T 112647 Voucher: AT&T 112648 5t1t2015 sbc03 Voucher: 112648 AT&T 112649 5t1t2015 sbc03 Voucher: 112649 112650 5t1t2015 sbcO3 AT&T 112650 Voucher: AT&T 112651 5t1t2015 sbc03 112651 Voucher: AT&T 112652 5t1t2015 sbc03 112652 Voucher: AT&T 112653 5t1t2015 sbc03 Voucher: 112653 AT&T 112654 5t112015 sbc03 Voucher: 112654 112655 51112015 norl9 BRUCE C PURDIE Voucher: 112655 112656 5t1t2015 cal33 CALOLYMPIC SAFETY Voucher: 112656 511t2015
sbcO3
I
Page:
FinalGheck List City of Del Mar
apGhklst
lnv Date Descriotion
lnvoice
Amount
Paid
Check Total
3384510417149
4t20t2015
TELEPHONEAPR
272.84
272.84
0651615938691
4t13t2015
TELEPHONEAPR
258.30
258.30
8587551521079
4t20t2015
TELEPHONEAPR
124.64
124.64
3393411800772
4t20t2015
TELEPHONEAPR
91.23
91.23
3384511912870
4t20t2015
TELEPHONEAPR
86.44
86.44
8587933063008
4t2012015
TELEPHONEAPR
70.56
70.56
338451 097681 4 4t20t2015
TELEPHONEAPR
67.97
67.97
338451 0962050 4t20t2015
TELEPHONE APR
67.97
67.97
8587201476869
4t20t2015
TELEPHONEAPR
17.55
17.55
8587944096570
4t20t2015
TELEPHONE APR
17.01
17.01
8587947634445 4t20t2015
TELEPHONEAPR
17.01
17.01
8587947369489
4t13t2015
TELEPHONEAPR
15.65
15.65
831 871
4t2712015
PHCC LANDSCAPINGAPR
380.00
380.00
339241-1
4t13t2015
SAFETY VESTS PW
123.93
123.93
Voucher:
Page:
2
May 18, 2015
Item 05
1
apGhklst
FinalCheck List City of Del Mar
0413012015 8:17:16AM
Bank Gheck
#
:
Page: 2
qunion GENERAL ACCOUNT UNION B¡ (Continued) Date
Vendor
chi03 Voucher: 112657
112657 51112015
lnvoice CHICAGO TTTLE COMPANY
00027563 00027558 00027566 00027568 00027559 00027560 00027540 00027569 00027561
00027562 00027570 00027567 00027557 00027555
00027543
112658 5t1t2015 coml0 Voucher:
112658
NtcoLA
112659 5t1t2015 coo12 Voucher: 112660 5t1t2015 Voucher: 112661 5t1t2015 Voucher: 112662 5t1t2015 Voucher: 112663 5t1t2015 Voucher:
00027564 58382
COMLINK LASERCARE
4t15t2015 4115t2015
4t15t2015 4t15t2015 4115t2015
4t15t2015 4t14t2015 4t15t2015 4115t2015
4t15t2015 4t15t2015 4t15t2015 4t15t2015 4t15t2015 4t14t2015 4t15t2015 4t9t2015
TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE TITLE
REPORT REPORT REPORT REPORT REPORT REPORT REPORT REPORT REPORT REPORT REPORT REPORT REPORT REPORT REPORT REPORT TONER SUPPLIES
04222015 114152112
cooPER, 4t22t2015 REF CANCELED 10t2t15 112659 cor07 CORODATA RECORDS MGT 313112015 STORAGE SRVCS MAR 112660 lee01 DCL ENTERPRISES INC DBA OOOOO71191 31512015 LOCK REPAIR CS
Amount
Paid
Check Total
750.00 750.00 750.00 750.00 750.00 750.00 750.00 750.00 750.00 750.00 750.00 750.00 750.00 750.00 750.00 750.00 327.77
12,000.00 327.77
225.00
225.00
299.70
299.70
154.00
154.00
22.68 5.40 35.26
28.08
112661
del02 DEL MAR BLUE PRINT CO, IN(349115 112662 3501 59 dixOl DIXIELINE LUMBER 06-51609
CO.
112663
06-51 831
06-50743 06-51019 06-52825 06-51
112664 5t1t2015 esg02 Voucher:
lnv Date Description
ESGIL
CORPORATTON
1
34
4t64t10t15
4t17t2015 4t28t2015 4t15t2015 4t16t2015 4110t2015
4t13t2015 4t22t2015 4t14t2015 4t13t2015
PUBLIC WORKS MAPS NOTEBOOK BINDING CM HRDWR SUPPLIES CS FLOOR CLEANING CS BEETLE TRAPS PW VAC CON SUPPLIES VACUUM SUPPLIES FIRE PAINTING SUPPLIES CS BLDG |NSP 4/6-4110/15
1
55.1 5
32.10 11.64
139.10 48.86 4,320.44
422.11
4,320.44
112664
Page:2
3
May 18, 2015
Item 05
:
Bank Check
#
qun¡on GENERAL AGCOUNT UNION B¡ (Continued) Date
Voucher:
51112015
Voucher:
112668
5t'112015
lin14
Voucher: 51112015
Voucher:
112673
51112015
Voucher:
112674 5t1t2015
48
411712015 TORREY PINES BRIDGE
17574 17590 28160
411312015 RESTROOM SUPPLIES PW 4I2OI2O15 WINDOW CLEANING CH 411512015 ANNUAL WASTEWATER PRO
JOSEPH C WELSH
1348
61512014 WHEEL PART PC
LINE-X OF EL CAJON
1382
LOUKELTON DISTRIBUTING I166326
112671
unl0l
112680
51112015
Voucher:
112681
5t1120',t5
Voucher:
91.80
91.80
412312015 VEHICLE BED LINER PW
462.80
462.80
411312015 RESTROOM SUPPLIES PW
481.95
481.95
1,250.00
1,250.00
0000036991 0000037114 95786
4t17t2015 4t21t2015 4t15t2015
95713 04222015
3t15t2015 SIDEWALK PROJ
4046
4043 4044
4I2OI2O15 VAC CON MAINT PW 4I2OI2O15 PIERCE FIRE ENG MAINT 4I2OI2O15 PIERCE FIRE ENG MAINT
765263060001
411312015 OFFICE SUPPLIES CS
42834719
4t20t2015 TEMP SRVCS WK4n7l15
nas01
offO3 112677 5t1t2015 offO5 51112015
5,370.00
MUNISERVICES
112673
51112015
Voucher:
282.13 635.38 5,370.00
917.51
112672 mbi01
Voucher:
't12679
12,839.22
411712015 STRIP^^/AXPHCCAPR
INC
Voucher:
12,839.22
026521o-IN
NASLAND ENGINEERING 112674 NIELSEN, ALEXANDRA 112675 5t1t2015 nie03 112675 Voucher: NORTH COUNTY EVS 112676 51112015 nceO1 Voucher: 112676
112678
6,661.00
MCPEAKCORPORATION
Voucher:
112677
6,661.00
112670
112671 5t112015 lou01
112672
FLATIRON WEST INC
Gheck Total
112669
Voucher: Voucher:
4I2OI2O15 REPAIRS 21ST ST PUMP ST
Paid
112668
112669 5t112015 seg05 51112015
INV-11280A
112666 dhm01 GEORGE WALLIS 112667 HARRIS & ASSOCIATES har32
Voucher:
112670
FILTRONICA INC
Amount
112665
112666 5t1t2015 fla04 Voucher:
lnv Date Descriotion
lnvoice
Vendor
112665 5t1t2015 îio2
112667
Page: 3
FinalGheck List Gity of Del Mar
apGhkLst 0413012015 8:17:16AM
DEPOT oFFtcETEAM oFFtcE
4t22t2015
SALES TAXAUDIT SRVCS
SALESTAX SRVCS4Q ADA IMPROVEMENTS REF DAMAGE DEP 4118115
116.85
375.00 1,480.00 33,868.02 800.00
491.85 35,348.02 800.00
765.61
1,214.92 1,078.70 70.50
3,059.23 70.50
500.00
500.00
2,974.76
2,974.76
411412015 UTILITY STMNTS APR
283.60
283.60
412912015 REIMB ASSOC PLANNER AD
250.00
250.00
112678 pho01
PHOENIX GROUP INFO SYSTIO32O15036 112679 pos02 64885 POST HASTE 112680
sam02
DIRECT POUNEH SAMMAK
04292015
411512015 CITE SRVCS MAR
112681
Page: 3
4
May 18, 2015
Item 05
apGhklst
FinalGheck List City of Del Mar
0413012015 8:17:l6AM
Bank
qunion GENERALACCOUNT
UNTON
B¡ (Continued)
Date Vendor
Check #
Inv Date Description
lnvoice
112682 51112015 pruOl
PRUDENTIAL OVERALL SUPP 130564693 112682 130564695 I 30564694 112683 5t1t2015 rcpO1 RCP BLOCK & BR|CK, 30465741 Voucher: 112683 30464823 112684 5t1t2015 san03 SAN DIEGO COUNTY WATER,OOOOOOI2O2 Voucher: 112684 112685 5t1t2015 sch69 SCHMIDT DESIGN GROUP IN(14409.04 Voucher: 112685 112686 5t1t2015 soul 7 SOUTHLAND PAVING #5 Voucher: 112686 112687 5t1t2015 sta31 STATE WATER RESOURCES SW-0098023 Voucher: 112687 112688 5t1t2015 stu02 STUTZ. ARTIANO, SHINOFF &97677 Voucher: 112688
Voucher:
tNC.
INC
112689 5t1t2015 tim04 Voucher:
4t17t2015 4117t2015
4t15t2015 4t14t2015 4122t2015
MATS PW UNIFORMS PW SHOP TOWELS PW RETAI NING WALL SUPPLIES RETAI NI NG WALL SUPPLI ES HOME WATER USE EVAL
313112015 SHORES MASTER PLAN MAR 412112015 ANNUAL ST RESURFACING
41712015 TORREY PINES BRIDGE
#
Paid
Check Total
12.05 40.24
3.72 931.47 204.52 187.50
56.0'1
I ,135.99 187.50
1,591.25
1,59't.25
31,272.00
31,272.00
652.00
652.00
3,377.25 599.00
TIME WARNER CABLE
4t20t2015 4t20t2015 4t20t2015 844841 0060 1281 4t21 t2015
INTERNET CH MAY
1,919.30 1,107.95 350.00 599.00
TIME WARNER CABLE
84484100601281 4t21t2015 CABLE TV CS MAy
62.51
62.51
TIME WARNER CABLE
844841006012814t21t2015 CABLE TV pW MAy
62.51
62.51
TY LIN INTERNATIONAL
I 504069
411312015 TORREY PINES BRIDGE
10,453.34
10,453.34
US HEALTHWORKS
2685423-CA 2688884-CA
4t10t2015 4t17t2015
97678 97679
CITYATTRNY MAR CITYATTRNY MAR CITYATTRNY MAR
112690
tim04 112691
mcd04 112692
112693 5t1t2015 ush01 Voucher: 112694 5t1t2015 Voucher: 112695 5t1t2015 Voucher:
FINAL
4117t2015
Amount
112689
112690 5t1t2015 tim04 Voucher: 112691 5t1t2015 Voucher: 112692 5t1t2015 Voucher:
Page: 4
112693
ver03 VERIZON WIRELESS 112694 ver03 VERIZON WIRELESS
87 237 47
36-000C
120.00
TELEPHONEAPR
160.00 130.87
280.00 130.87
18t2015 TELEPHONE ApR
76.59
76.59
4t1
5706531 98-000C 4t
EMPLOYEE TESTING EMPLOYEE TESTING
I
t20 1 5
112695
112696 5t1t2015 ver03
5706531 98-000C
4t18t2015 TELEPHONE ApR
38.01
Voucher: 112697 5t1t2015 Voucher:
38.01
0274426874 4t21t2015 TELEPHONEAPR
1,251.14
1,251.14
VERIZON WIRELESS 112696 xocOl XO COMMUNICATIONS 112697
Page:4
5
May 18, 2015
Item 05
Bank: qunion GENERALACCOUNT
Date
Gheck #
UNION B¡ (Continued)
Vendor
ies03 ZARINAYTORRES DBA Voucher: 112698
112698 51112015
Page: 5
FinalGheck List Gity of Del Mar
apChkLst 0413012015 8:17:16AM
lnvoice KG05042015
lnv Date Descriotion
Amount
4t29t2015 CITY HALL PROJ Sub total for GENERAL AGCOUNT UNION
Paid
Check Total 891.00
891.00
BANK:
143,357.41
Page: 5
6
May 18, 2015
Item 05
apGhklst 0413012015 8:17:l6AM
FinalCheck List Gity of Del Mar
56 checks in this report.
Page: 6
Grand TotalAll Checks:
143,357.4'l
%r.lo
Page:6
7
May 18, 2015
Item 05
: sunion GENERAL ACCOUNT UNION B¡ Date Vendor
Bank Check #
2065
412712015
4123t2015 par21
2066 irsO1
2068 4t27t2015 par21 Voucher: 5t112015
2068 irsO1
Voucher:
2070
51112015
van03
2070
5t1t2015 per01
Voucher:
2072
51112015
51512015
Voucher:
112700
5t112015
Voucher:
112701
5t112015
Voucher:
112702 5t1t2015 Voucher:
4t23t2015
PUBLIC AGENCY RETIREMEN
48.52
48.52
IRS
8en127819
4t27t2015
MEDICARE: PAYMENT
3.64
3.64
U.S. BANK PARS+6746022400 Ben 127 821
4t27t2015
PUBLIC AGENCY RETI REMEN
9.30
9.30
IRS
8en127917
5t1t2015
25,110.16
25,110.16
VANTAGEPOI NT TRANSFER ABenl 2791 9
5t1t2015
ICMA DEFERRED COMP 4578
8,501.58
8,501.58
PERS
8en127921
5t1t2015
PERS SVC CREDIT PURCHAS
43,552.61
43,552.61
923
5t112015
STATE TAX. PAYMENT
6,096.70
6,096.70
U.S. BAN K PARS+67460224008en127 925
5t1t2015
PUBLIC AGENCY RETIREMEÌ\
1,256.68
1,256.68
PO I NT TRAN S FE R ABen127 927
5t1t2015
4OlAPLAN: PAYMENT
290.17
290.17
VANTAGEPOI NT TRANSFER - Ben127 929
5t112015
ICMA 457(8) LOAN PAYMENT:
1,339.87
1,339.87
5t1t2015
lST QTR 2015 UNEMPLOYME
7,611.29
7,611.29
4t1712015
ASSURANT LIFE INSURANCE
51.84
51.84
8en127699
4t17t2015
CAPF: PAYMENT
144.00
144.00
8CN127693
4t17t2015
SEC. 125 - HEALTH NET: PAYI
28,333.91
28,333.91
8en127697
4t17t2015
KAISER ADJUSTMENT: PAYM
22,646.31
22,646.31
8en127913
5t1t2015
DMCEA DUES: PAYMENT
220.50
220.50
2075 EDD
edd02
.FEDERAL
TAX: PAYMENT
E
SACRAMENTO
31-Mar-2015
5175 ass01
ASSURANT EMPLOYEE BENE BENl 27701
112699
CAPF 112700 hea02 HEALTH NET
cap01
112701 KAISER kai01 112702
112703 5t1t2015 uni21 Voucher:
U.S. BANK PARS+6746022400 Ben 127 817
2074
Voucher:
112699 5t1t2015
46.61
VANTAG
5t1t2015 van07
Voucher:
5175
46.61
2073 van02
Voucher:
2075
FEDERAL TAX. PAYMENT
2072 par21
Voucher:
2074
4t23t2015
EM PLOYM ENT DEVELOPM EN Ben127
5t1t2015 edd01 51112015
8en127815
2071
Voucher:
2073
Gheck Total
2069
Voucher:
2071
Paid
2067
Voucher:
2069
Amount
PERMANENTE
MUFG UNION BANK
NA
112703 Page:
8
1
2065
Voucher:
2067 4t27t2015
lnv Date Description
Invoice
IRS
irsO1
Voucher:
2066
Page:
FinalGheck List Gity of Del Mar
apChklst 05/05/2015 3:05:31PM
May 18, 2015
Item 05
1
apChklst 05/05/2015 3:05:31PM Bank Gheck #
FinalCheck List Gity of Del Mar
Page: 2
qunion GENERALACCOUNT UNION B¡ (Continued)
Date
Vendor
112704 5t1t2015 natl 5 Voucher: 112705 5t1t2015 Voucher: 112706 5t1t2015 Voucher: 112707 5t1t2015 Voucher:
Invoice NATI ONAL BEN EFIT SERVI CEI
lnv Date Description
Amount
Paid
Gheck Total
51112015 SEC. 125 FLEXIBLE SAVINGS
625.52
625.52
411712015 SEC. 125 DENTAL PREMIUM:
5,475.11
5,475.11
Ben127695
411712015 HARTFORD LIFE INSURANCE
2,999.59
2,989.59
8en127703
411712015 UNITED WAY EE CONTRIBUT
21.66
21.66
B
en127 91 5
112704 pri11
PRINCI PAL FINANCIAL GROUtBenl 27691
112705 ha130
112706 uni01 112707
HARTFORD UNITED WAY - 1746
THE
Sub totalfor GENERALAGGOUNT UNION
BANK:
154,375.57
Page'.2
9
May 18, 2015
Item 05
apGhklst 05/05/2015 3:05:3lPM
2l
Page: 3
FinalGheck List Gity of Del Mar
Grand TotalAll
checks in this report.
154,375.57
Page:3
10
May 18, 2015
Item 05
0510712015 9:48:l6AM
Bank: sunion
Date
Gheck #
I
Page:
FinalCheck List Gity of Del Mar
apChklst
GENERALACCOUNT UNION B¡
Amount
lnv Date Descriotion
lnvoice
Vendor
Paid
Gheck Total
sbc03 112708 Voucher: 112709 51812015 sbc03 Voucher: 112709 112710 51812015 sbc03 112710 Voucher: 112711 51812015 car10 112711 Voucher: 112712 51812015 cho04 112712 Voucher:
AT&T
8585092981279 412012015 TELEPHONEAPR
95.20
95.20
AT&T
8587
944692872 412012015 TELEPHONE APR
33.19
33.1 9
AT&T
8587201659100 4t2012015 TELEPHONEAPR
33.19
33.1 9
486.87
486.87
CHOO, SUN
04052015
41512015 REF DAMAGE DEP
512115
800.00
800.00
112713
CITY OF SAN DIEGO
1000132118
411612015 WATER TREATMENÏ JAN
11,639.15
11,639.15
COFFEEAMBASSADOR, INC.
665120 665138
4I2OI2O15 COFFEE PW
227.82 59.38 255.00
287.20 255.00
67.50
67.50
1,500.00
1,500.00
112708
51812015
51812015
Voucher:
112714
51812015
Voucher:
112715
5t812015
Voucher:
112716
51812015
Voucher:
112717
51812015
Voucher:
112718
51812015
Voucher:
citO7
Voucher: 5t812015
Voucher:
112721
112714
112722
5t812015
Voucher:
411512015 US FLAG FIRE
412012015 COFFEE CH 4I3OI2O15 STORAGE CONTRS MAY
CORONADO MOBILE STORACO43O2O15 cor15 112715 COUNTY OF SAN DIEGO - RE(1sCTOFDMC1O 51112015 RCS PAGING SRVCS APR coul6 112716 412812015 REF DAMAGE DEP 4125115 COX, KEVIN C cox02
04282015
112717 DAY WIRELESS dayO3
74231
411612015 INSTALL NEW RADIO FIRE
230.00
230.00
DE LAGE LANDEN FINANCIAL
45424762
412512015 CANON FIN APR
231.72
231.72
DIXIELINE LUMBER CO
06-5'f 902
4t17t2015 4t22t2015
92.24 91.78 80.00 60.53 21.59 21.59
367.73
SYSTEMS
112718 112719 dixO1
06-52902
112720
5t8t2015 esq02 Voucher:
II'25865500
112713 cofO1
112719 5t812015 del76
112720
CARROT-TOP INDUSTRIES,
ESGIL CORPORATION
112721 FAILSAFE TESTING faiO4 112722
06-53414 06-53879 06-54096 06-53441 4t134117115 4t204124115 7657
4t2712015
HRDWR SUPPLIES CS
WET/DRYVACUUM CS FLOOR WAX SUPPLIES CS
CLEANING SUPPLIES CS PROPANE CS 4t2712015 PROPANE CS 4t20t2015 BLDG tNSP 4/134117115 4t28t2015 BLDG tNSP 4/204124115 2t19t2015 GROUND LADDER TESTS FIF 4t28t2015 4t29t2015
9,812.21
7,149.60 237.60
16,961.81
237.60
Page:
11
May 18, 2015
Item 05
1
apChklst
FinalCheck List City of Del Mar
0510712015 9:48:l6AM
Bank Gheck
:
#
Page= 2
qunion GENERALACCOUNT UNTON B¡ (Continued) Date
Vendor
lnvoice
112723 5t8t2015
atsO1
Voucher: 112724 5t8t2015 Voucher:
112723 har41 HARNER, SARI
GARDA CL WEST LOCKBOX # 10098680
lnv Date Description
Amount Paid
Check Total
475.89 68.00 800.00
543.89 800.00
1,269.01
1,269.01
20067233
3t31t2015
04052015
41512015
ARMORED SRVCS MAY EXCESS COIN BAG MAR REF DAMAGE DEP 511115
112725 5t8t2015 hds0l
4t20t2015
Voucher: 112726 5t8t2015 Voucher:
WATER PARTS PW
4117t2015
EMPASSIST PROG MAY
425.06
425.06
5t3t2015
REF OVRPYMT CITATION
40.00
40.00
4123t2015
TORREY PINES BRIDGE
822.88
822.88
4t15t2015
LABOR RELATIONS JAN/APR
9,359.50
8,359.50
4t23t2015
STRIP/VVAX PHCCAPR
480.00
480.00
5t1t2015
CO2 RECHRGE FIRE
135.95
135.95
5t1t2015
IT TRAILER RENTAL MAY
250.56
250.56
4t15t2015
COAST BLVD CROSSWALK
1,045.00
1,045.00
4t20t2015
KME FIRE ENG MAINT
1,945.17
1,945.17
4t28t2015
TEMP SRVCS WK4I24I15
400.00
400.00
4128t2015
REF CANCELED EVENT
525.00
525.00
4t21t2015
SEWER NOZZLE
66.96
66.96
4t28t2015
STORAGE CS MAY
143.00
143.00
S
511t2015
112724
HD SUPPLY WATERWORKS, 1D706552 112725 aetOl HEALTH & HUMAN RES CTR III19967 112726 112727 5t8t2015 her20 HERNANDEZ, VERONICA 417510 Voucher: 112727 112728 5t8t2015 kle01 001056936 Voucher: 112728 112729 5t8t2015 mad09 MADGE M 04152015 Voucher: 112729 112730 5t8t2015 unl01 MCPEAKCORPORATION 026519O-IN Voucher: 112730 112731 5t8t2015 metO8 METRO FIRE & 103041 Voucher: 112731 112732 5t8t2015 mod01 MODULAR BUILDING CONCEI187643 Voucher: 112732 112733 5t8t2015 nas0l NASLAND ENGINEERING 95785 Voucher: 112733 112734 5t8t2015 nceOl NORTH COUNTY EVS 4045 Voucher: 112734 1',t2735 5t8t2015 offO5 42918084 Voucher: 112735 112736 5t8t2015 peñ2 PERGAMIT, 04282015 Voucher: 112736 112737 5t8t2015 plu01 PLUMBERS DEPOT PD.27769 Voucher: 112737 112738 5t8t2015 porl 0 PORTABLE STORAGE CORP 98517 Voucher: 112738
KLEINFELDER BLAKEY
SAFETY
INC
oFFtcETEAM ARLENE INC.
Page:2
12
May 18, 2015
Item 05
0510712015 9:48:164M
Bank: qunion GENERALACCOUNT Gheck
UNION B¡ (Continued)
# Date Vendor
112739 5t8t2015 pur09 Voucher:
lnv Date Description
lnvoice PURE FLO WATER CO
INC
112739
5859495 590651 5
5954602 591 9996
51812015 aqu01
112740
RAYNE WATER CONDITIONIN OO3O42
Voucher: 112740 05042015 RUSTY DEL MAR 112741 51812015 rus01 Voucher: 112741 112742 51812015 sds02 SAN DIEGO GAS & ELECTRIC 8173772988 5 6737 350 888 Voucher: 112742 1262 091 548 I 1
112743 5t8t2015 sccOl Voucher:
112744
51812015
Voucher:
112745
51812015
Voucher: 112746 5t8t2015 Voucher:
112747
51812015
5503 068 492 2 5711 089 098 1 05062015
scccA
112743 SHELL FLEET PLUS she01 112744
065 379
786
4t9t2015 4t23t2015 4t30t2015 4t30t2015 3t31t2015
WATER WATER WATER WATER WATER
CS CS CS CS
RENTAL FIRE 4Q
51412015 RESCUE BOARDS W/ HANDL 5t4t2015 5t1t2015
UTILITIESAPR
4t2912015
UTILITIESAPR UTILITIESAPR
5t4t2015 5t4t2015 5t6t2015
UTILITIES APR
sta09 112748
112749
tim04
112747
SWRCB
LW-1000496
CABLE
TIME WARNER 112749 TIMOTHY B WHEYLAND 112750 5t8t2015 whe03 Voucher: 112750 TOYOTA-CARLSBAD 112751 5t8t2015 toyOl 112751 Voucher: 112752 5t8t2015 mai06 U-T COMMUNITY Voucher: 112752 VERIZON 112753 5t8t2015 ver03 112753 Voucher:
Amount
Paid
Check Total
39.50 39.50 34.56 2.50 85.00 2,430.00
116.06
85.00 2,430.00
5,274.18 160.14 64.75 8.25
SCCCAMTGADM CLRK
40.00
5,515.33 40.00
411912015 GAS & OIL CS MAR/APR
1,188.42
1,188.42
425.70
425.70
111.40
111.40
3,198.00
3,198.00
1,204.48
1,204.48
62.51
62.51
UTILITIES APR
SIGNA DIGITAL SOLUTIONS II\AR-S131917 412712015 CANON BASE RATE 4126-7125 sig12 112745 SIGNADIGITALSOLUTIONS IIAR-S131916 412712015 CANON MAINT FIN MAY sig12 112746 3t31t2015 SIDEWALK PROJ SOUTHERN CALI FORNIA SOI 1370554 sou14
Voucher: 112748 5t8t2015 Voucher: 51812015
Page: 3
FinalGheck List City of Del Mar
apChklst
4t14t2015
WTR SYSTEM FEES JUUDEC
8.01
8448410060019, 4t27t2015
CABLE TVANNEX MAY
698
4t912015
WATER HEATER REPAIR CS
372.50
372.50
TOCS243997
4t27t2015
VEH MAINT CS
269.49
269.49
4t3012015
AD PLANNING COMM AD DRB AGENDA TELEPHONEAPR
176.90 34.80
211.70
114.03
114.03
Voucher:
PRESS 104765 104564 WIRELESS 5706531g8-OOOC
4t23t2015 4t18t2015
Page: 3
13
May 18, 2015
Item 05
apGhkLst 0510712015 9:48:l6AM Bank
FinalCheck List Gity of Del Mar
sun¡on GENERALACCOUNT UNION B¡ (Continued)
Date Vendor
Gheck #
Page: 4
112754 5t8t2015 ver03
lnvoice VERIZON WIRELESS
Inv Date Descriotion
5706531 98-000C
4t18t2015 TELEPHONE ApR
89246 04282015
Amount
Paid
Gheck Total
76.02
76.02
412212015 MAINT ROLLUP DOORS FIRE
370.00
370.00
4t28t2015 REF DAMAGE DEp 4t24t15
800.00
800.00
Voucher:
112754 112755 5t8t2015 vin02 VINYARD DOORS, INC. Voucher: 112755 112756 5t8t2015 vmcOl VMC FOUNDATION Voucher: 112756
Sub totalfor GENERALACCOUNT UNION
BANK:
67,068.78
Page:4
14
May 18, 2015
Item 05
apChklst 0510712015 9:48:l6AM
Page: 5
FinalCheck List City of Del Mar
Grand Total All
49 checks in this report.
67,068.78
p slzl6
Page:5
15
May 18, 2015
Item 05
City of Del Mar Staff Report TO:
Honorable Mayor and City Council Members
FROM:
Mark Delin, Assistant City Manager Via Scott W. Huth, City Manager
DATE:
May 18, 2015
SUBJECT:
Notification of Solid Waste Collection Rate Increases for Fiscal Year 20152016 and Adoption of a Resolution Implementing a Roll-Off Stand-By Time Charge
REQUESTED ACTION: Receive the report, and adopt the proposed resolution implementing a Roll-Off StandBy Charge of $1.95 per minute. DISCUSSION/ANALYSIS: Under the terms of the solid waste collection franchise agreement with Coast Waste Management (CWM), CWM is entitled to annually adjust its fees by 80 percent of the annual change in the Consumer Price Index (CPI), and to pass through any increases at the Regional Solid Waste Association (RSWA) disposal facility, which is required to be used under the terms of the RSWA and solid waste franchise agreements. Both adjustments are automatic under the Franchise Agreement and the RSWA agreements previously approved by Council. CWM submitted its request for the annual CPI adjustment (Attachment B) for its residential, commercial, multifamily and roll-off fees in accordance with the Solid Waste Franchise Agreement to be effective July 1, 2015. The franchise agreement uses the Los Angeles-Riverside-Orange County CPI for all urban consumers as prepared by the Bureau of Labor Statistics. The franchise agreement limits this increase to 80 percent of the reported change in the CPI for the prior calendar year. The calendar year CPI for 2014 was an increase of 1.35 percent, so the allowed increase to rates is 1.35 x 80 percent, or 1.08 percent. The franchise agreement also permits the pass through of landfill tipping fee increases for the Regional Solid Waste Association (RSWA) facility owned by EDCO. The RSWA tipping fee will not increase this year due to a clause in the Memorandum of ________________________________________________________________________________________________________
City Council Action:
1
May 18, 2015
Item 07
City Council Staff Report Solid Waste Collection CPI Adjustment and Rate Resolution May 18, 2015 Page 2 of 3
Understanding between RSWA and EDCO (Attachment C) and will remain at $46.28 per ton. CWM also requested an additional rate category. Under the current rate schedule, if a roll-off bin customer calls for a delivery during a certain time period, but is not ready, CWM waits up to five minutes for the customer to be ready, and if not ready, will charge the customer a $147.71 dead run charge (based upon the upcoming Fiscal Year 20152016 rates) to compensate the company for the wasted truck trip. CWM has proposed that they offer a Roll-Off Stand-By Time fee of $1.95 per minute, with a 15 minute maximum starting after the initial five minutes to allow the customer to get the bin ready for pickup. Staff believes that this is reasonable compensation to CWM for the lost truck time, and gives the customer additional flexibility to avoid the larger dead run charge. In addition, reducing additional truck trips decreases greenhouse gas production, and reduces wear and tear on the City’s streets. Staff recommends adoption of the resolution implementing the new Roll-Off Stand-By Time charge. FISCAL IMPACT: The rate increases are contained in the rate sheet in Attachment B. Rate increases for most classes of service are under one percent because the solid waste disposal cost portion of the rate has no increase. Examples of rate increases of some of the more common types of services are contained in the table below. Residential Old New Increase
35 gallon $15.32 $15.45 $ 0.14
Commercial Old New Increase
3-yard bin 1 time/week
Recycling 3-yard Old New Increase
3-yard bin 1 time/week
64-gallon $19.40 $19.57 $ 0.17
96-gallon $21.54 $21.74 $ 0.20
3-yard bin 2 times/week
3-yard bin 3 times/week
$222.27 $223.90 $ 1.62
$320.05 $322.35 $ 2.30
3-yard bin 2 times/week
3-yard bin 3 times/week
$67.65 $68.38 $ 0.73
$97.98 $99.04 $ 1.06
$117.50 $118.38 $ 0.88
$37.29 $37.69 $ 0.40
The City receives about $100,000 per year in franchise fees, and certain other revenues under the terms of this agreement. The City’s revenues will increase by a similar percentage.
2
May 18, 2015
Item 07
City Council Staff Report Solid Waste Collection CPI Adjustment and Rate Resolution May 18, 2015 Page 3 of 3
ENVIRONMENTAL IMPACT: This item is not subject to CEQA review. ATTACHMENTS: Attachment A - Proposed Resolution Attachment B - CWM CPI Adjustments – All Fees and Charges Attachment C - RSWA EDCO Tipping Fee Adjustment Notification
3
May 18, 2015
Item 07
ATTACHMENT A RESOLUTION NO. 2015-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AUTHORIZING A ROLL-OFF STAND-BY TIME FEE TO BE CHARGED TO COMPENSATE COAST WASTE MANAGEMENT FOR EXPENSES INCURRED IN THE PERFORMANCE OF ITS BUSINESS UNDER THE SOLID WASTE FRANCHISE AGREEMENT WHEREAS, on September 26, 2011 the City Council authorized the execution of a solid waste franchise agreement with Coast Waste Management and; WHEREAS, in conjunction with the award of the franchise agreement, the Council found it is necessary to adopt solid waste user fees for those using the service; and WHEREAS, under the current approved rates and charges Coast Waste Management is entitled to charge a “dead run charge” to compensate it for its costs to service a roll-off bin when the bin scheduled for pick-up is unavailable for pickup within a five-minute wait time; and WHEREAS, Coast Waste Management has proposed that it be able to offer a Roll-Off Stand-By Time Fee as an alternative fee under the franchise agreement to compensate it for its costs in waits of longer than five minutes; and WHEREAS, the Roll-Off Stand-By Time Fee may provide a lower cost alternative for customers than the current “dead run charge;” and WHEREAS, waiting for a period of time for a roll-off bin to be ready for pickup in lieu of making an additional return trip to the same location is favorable in terms of greenhouse gas reduction, and a reduction in wear and tear on the City’s streets and roads. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, as follows: 1. The Roll-Off Stand-By Time Fee proposed by Coast Waste Management of $1.95 per minute for up to 15 minutes following the initial five-minute wait period is reasonable compensation for its services. 2.
The Roll-Off Stand-By Time Fee is effective July 1, 2015.
3. The Roll-Off Stand-By Time Fee may offer a lower cost option to customers who are unable to prepare their roll-off bin for a scheduled pickup within a five minutes waiting period. 4. That the City Manager is authorized to execute this change to the allowed solid waste collection rates.
4
May 18, 2015
Item 07
Resolution No. 2015-______ Page 2 of 2 5. That the City Manager will adjust the Roll-Off Stand-By Wait Time Fee annually as appropriate for the formula determined in the Solid Waste Franchise Agreement. PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 18th day of May 2015. ____________________________ AL CORTI, Mayor City of Del Mar APPROVED AS TO FORM:
__________________________ LESLIE E. DEVANEY, City Attorney City of Del Mar
ATTEST AND CERTIFICATION: STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF DEL MAR I, Andrew Potter, Administrative Services Director/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution 2015-______, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 18th day of May 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________ ANDREW POTTER, Administrative Services Director/City Clerk City of Del Mar
5
May 18, 2015
Item 07
Attachment B
6
May 18, 2015
Item 07
7
May 18, 2015
Item 07
City of Del Mar Proposed Monthly Rates - Effective July 1st, 2015 Service Component Change Consumer Price Index - Los Angeles/Orange County/Riverside 2013 Consumer Price Index - Los Angeles/Orange County/Riverside 2014 Change in Index Percent Change 80% of CPI Allowable
239.21 242.43 3.23 1.35% 1.08%
Disposal Component Change Esconidido Transfer Stn Rate 2014-RSWA Esconidido Transfer Stn Rate 2015-RSWA Change in Index Percent Change 100% of CPI Allowable
$ $
46.28 46.28 0.00% 0.00%
Current Rates
Description
Waste Mgt Service Component
Sec 3.2.3 City Program Funding
1 2 3
$ $ $
24.88 49.91 74.86
$ $ $
3.78 7.44 11.16
$ $ $
0.32 0.63 0.95
$ $ $
28.99 57.98 86.96
$ $ $
5.38 10.76 16.13
$ $ $
3.82 7.64 11.46
$ $ $
1 2 3 4 5 6
$ $ $ $ $ $ $
57.41 103.65 149.75 195.87 241.99 288.11 13.76
$ $ $ $ $ $ $
9.85 18.31 26.75 35.19 43.63 52.07 4.40
$ $ $ $ $ $ $
1.29 2.57 3.86 5.14 6.43 7.71 1.29
$ $ $ $ $ $ $
68.54 124.53 180.35 236.20 292.04 347.89 19.45
$ $ $ $ $ $ $
21.51 43.02 64.55 86.06 107.57 129.08 21.51
$ $ $ $ $ $ $
10.01 18.62 27.21 35.81 44.40 53.00 4.55
1 2 3 4 5 6
$ $ $ $ $ $ $
60.04 109.88 154.14 201.19 248.25 295.29 1.47
$ $ $ $ $ $ $
11.52 21.76 31.31 41.20 51.10 60.99 4.17
$ $ $ $ $ $ $
1.93 3.86 5.78 7.71 9.64 11.57 1.93
$ $ $ $ $ $ $
73.48 135.50 191.23 250.10 308.98 367.85 7.56
$ $ $ $ $ $ $
32.27 64.55 96.82 129.08 161.35 193.63 32.27
$ $ $ $ $ $ $
11.75 22.23 32.01 42.13 52.26 62.39 4.43
1 2 3 4 5 6
$ $ $ $ $ $ $
86.40 157.74 229.09 300.46 371.81 443.16 4.19
$ $ $ $ $ $ $
16.15 30.42 44.69 58.96 73.23 87.50 3.94
$ $ $ $ $ $ $
2.57 5.14 7.71 10.28 12.85 15.42 2.57
$ $ $ $ $ $ $
105.12 193.30 281.49 369.70 457.89 546.08 10.70
$ $ $ $ $ $ $
43.02 86.06 129.08 172.11 215.14 258.17 43.02
$ $ $ $ $ $ $
1 2 3 4 5 6
$ $ $ $ $ $ $
83.15 157.61 228.93 300.23 371.52 442.81 6.91
$ $ $ $ $ $ $
17.08 33.08 48.68 64.29 79.89 95.49 3.72
$ $ $ $ $ $ $
3.21 6.43 9.64 12.85 16.07 19.28 3.21
$ $ $ $ $ $ $
103.45 197.11 287.26 377.36 467.47 557.58 13.84
$ $ $ $ $ $ $
53.78 107.57 161.35 215.14 268.93 322.72 53.78
1 2 3 4 5 6
$ $ $ $ $ $ $
86.35 162.12 234.85 307.54 380.24 452.93 6.78
$ $ $ $ $ $ $
18.07 35.97 53.03 70.09 87.14 104.20 3.51
$ $ $ $ $ $ $
4.02 8.03 12.05 16.07 20.08 24.10 4.02
$ $ $ $ $ $ $
108.44 206.12 299.93 393.69 487.46 581.23 14.30
$ $ $ $ $ $ $
1 2 3
$ $ $
25.75 46.73 67.73
$ $ $
4.15 7.54 10.93
$ $ $
-
$ $ $
29.91 54.27 78.66
$ $ $
Frequency per Week
Sec 4.1.8b Tonnage Fee
Total Subject to CPI
Proposed Rates 7.1.2015 EDCO Disposal Component
Franchise Fee 10.0%
Waste Mgt Service Component
Sec 3.2.3 City Program Funding
38.18 76.37 114.55
$ $ $
25.15 50.45 75.67
$ $ $
3.82 7.52 11.28
$ $ $
0.32 0.64 0.96
$ $ $
29.30 58.60 87.90
$ $ $
5.38 10.76 16.13
$ $ $
3.85 7.71 11.56
$ $ $
38.53 77.07 115.60
$ $ $ $ $ $ $
100.06 186.17 272.11 358.07 444.02 529.97 45.51
$ $ $ $ $ $ $
58.03 104.77 151.37 197.98 244.60 291.22 13.91
$ $ $ $ $ $ $
9.96 18.51 27.03 35.57 44.10 52.63 4.44
$ $ $ $ $ $ $
1.30 2.60 3.90 5.20 6.50 7.79 1.30
$ $ $ $ $ $ $
69.28 125.88 182.30 238.75 295.20 351.65 19.66
$ $ $ $ $ $ $
21.51 43.02 64.55 86.06 107.57 129.08 21.51
$ $ $ $ $ $ $
10.09 18.77 27.43 36.09 44.75 53.41 4.57
$ $ $ $ $ $ $
100.88 187.67 274.27 360.90 447.52 534.14 45.74
117.50 222.27 320.05 421.32 522.60 623.87 44.26 164.60 310.40 456.19 602.01 747.82 893.61 59.70
$ $ $ $ $ $ $
60.69 111.06 155.80 203.36 250.92 298.48 1.48
$ $ $ $ $ $ $
11.64 22.00 31.65 41.65 51.65 61.65 4.22
$ $ $ $ $ $ $
1.95 3.90 5.85 7.79 9.74 11.69 1.95
$ $ $ $ $ $ $
74.28 136.96 193.30 252.80 312.32 371.82 7.65
$ $ $ $ $ $ $
32.27 64.55 96.82 129.08 161.35 193.63 32.27
$ $ $ $ $ $ $
11.84 22.39 32.23 42.43 52.63 62.83 4.43
16.46 31.04 45.62 60.20 74.78 89.36 5.97
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $
87.33 159.44 231.56 303.70 375.82 447.94 4.23
$ $ $ $ $ $ $
16.32 30.75 45.17 59.60 74.02 88.45 3.99
$ $ $ $ $ $ $
2.60 5.20 7.79 10.39 12.99 15.59 2.60
$ $ $ $ $ $ $
106.25 195.38 284.53 373.69 462.83 551.98 10.82
$ $ $ $ $ $ $
43.02 86.06 129.08 172.11 215.14 258.17 43.02
$ $ $ $ $ $ $
16.59 31.27 45.96 60.64 75.33 90.02 5.98
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
118.38 223.90 322.35 424.32 526.30 628.28 44.35 165.86 312.71 459.57 606.45 753.31 900.16 59.82
$ $ $ $ $ $ $
17.47 33.85 49.85 65.83 81.82 97.81 7.51
$ $ $ $ $ $ $
174.70 338.54 498.46 658.34 818.22 978.10 75.13
$ $ $ $ $ $ $
84.05 159.31 231.40 303.47 375.53 447.59 6.98
$ $ $ $ $ $ $
17.27 33.44 49.21 64.98 80.75 96.52 3.76
$ $ $ $ $ $ $
3.25 6.50 9.74 12.99 16.24 19.49 3.25
$ $ $ $ $ $ $
104.56 199.24 290.36 381.44 472.52 563.59 13.99
$ $ $ $ $ $ $
53.78 107.57 161.35 215.14 268.93 322.72 53.78
$ $ $ $ $ $ $
17.59 34.09 50.19 66.29 82.38 98.48 7.53
$ $ $ $ $ $ $
175.94 340.90 501.90 662.87 823.82 984.79 75.30
64.54 129.09 193.62 258.17 322.71 387.26 67.23
$ $ $ $ $ $ $
19.22 37.25 54.84 72.43 90.02 107.61 9.06
$ 192.20 $ 372.46 $ 548.39 $ 724.30 $ 900.19 $ 1,076.10 $ 90.58
$ $ $ $ $ $ $
87.29 163.87 237.38 310.86 384.34 457.82 6.85
$ $ $ $ $ $ $
18.27 36.36 53.61 70.85 88.08 105.32 3.54
$ $ $ $ $ $ $
4.06 8.12 12.18 16.24 20.30 24.36 4.06
$ $ $ $ $ $ $
109.61 208.35 303.17 397.94 492.72 587.50 14.45
$ $ $ $ $ $ $
64.54 129.09 193.62 258.17 322.71 387.26 67.23
$ $ $ $ $ $ $
19.35 37.49 55.20 72.90 90.60 108.31 9.08
-
$ $ $
3.32 6.03 8.74
$ $ $
$ $ $
26.03 47.24 68.47
$ $ $
4.20 7.62 11.04
$ $ $
-
$ $ $
30.23 54.86 79.51
$ $ $
-
$ $ $
3.36 6.10 8.83
Customer Total
Sec 4.1.8b Tonnage Fee
Total Subject to CPI
EDCO Disposal Component
Franchise Fee 10.0%
Customer Total
Commercial Rates Commercial Can - up to Four (4) 32 gal
Commercial - Two Yard Bin
Extra Pick-up Commercial - Three Yard Bin
Extra Pick-up Commercial - Four Yard Bin
Extra Pick-up Commercial - Five Yard Bin
Extra Pick-up Commercial - Six Yard Bin
Extra Pick-up
$ 193.50 $ 374.93 $ 551.99 $ 729.02 $ 906.04 $ 1,083.07 $ 90.76
Commercial Recycling - Two Yard Bin
8
May 18, 2015 Page 1 of 3
33.23 60.30 87.40
$ $ $
33.59 60.95 88.34
Item 07
Current Rates Waste Mgt Service Component
Sec 3.2.3 City Program Funding
Waste Mgt Service Component
Sec 3.2.3 City Program Funding
4
$
88.70
$
14.31
$
-
$
103.01
$
-
$
11.45
$
114.45
$
89.66
$
14.46
$
-
$
104.12
$
-
$
11.57
$
115.69
1 2 3 4 5 6
$ $ $ $ $ $
28.90 52.43 75.93 99.44 122.97 146.49
$ $ $ $ $ $
4.66 8.46 12.25 16.04 19.83 23.63
$ $ $ $ $ $
-
$ $ $ $ $ $
33.56 60.88 88.18 115.48 142.80 170.11
$ $ $ $ $ $
-
$ $ $ $ $ $
3.73 6.76 9.80 12.83 15.87 18.90
$ $ $ $ $ $
37.29 67.65 97.98 128.31 158.67 189.01
$ $ $ $ $ $
29.21 52.99 76.75 100.51 124.30 148.07
$ $ $ $ $ $
4.71 8.55 12.38 16.21 20.05 23.88
$ $ $ $ $ $
-
$ $ $ $ $ $
33.92 61.54 89.13 116.73 144.35 171.95
$ $ $ $ $ $
-
$ $ $ $ $ $
3.77 6.84 9.90 12.97 16.04 19.11
$ $ $ $ $ $
37.69 68.38 99.04 129.70 160.38 191.05
1 2 3 4 5 6
$ $ $ $ $ $
32.05 59.49 86.94 114.38 141.83 169.28
$ $ $ $ $ $
5.17 9.59 14.02 18.45 22.88 27.30
$ $ $ $ $ $
-
$ $ $ $ $ $
37.21 69.08 100.96 132.83 164.71 196.58
$ $ $ $ $ $
-
$ $ $ $ $ $
4.13 7.68 11.22 14.76 18.30 21.84
$ $ $ $ $ $
41.35 76.76 112.17 147.59 183.01 218.43
$ $ $ $ $ $
32.39 60.13 87.87 115.62 143.36 171.11
$ $ $ $ $ $
5.22 9.70 14.17 18.65 23.12 27.60
$ $ $ $ $ $
-
$ $ $ $ $ $
37.62 69.83 102.05 134.27 166.49 198.71
$ $ $ $ $ $
-
$ $ $ $ $ $
4.18 7.76 11.34 14.92 18.50 22.08
$ $ $ $ $ $
41.80 77.59 113.39 149.19 184.98 220.78
1 2 3 4 5 6
$ $ $ $ $
35.96 67.33 98.69 130.06 161.42
$ $ $ $ $
5.80 10.86 15.92 20.98 26.04
$ $ $ $ $
-
$ $ $ $ $
41.77 78.19 114.61 151.04 187.46
$ $ $ $ $
-
$ $ $ $ $
4.64 8.69 12.73 16.78 20.83
$ $ $ $ $
46.41 86.88 127.35 167.82 208.29
$ $ $ $ $
36.35 68.06 99.76 131.46 163.16
$ $ $ $ $
5.86 10.98 16.09 21.20 26.32
$ $ $ $ $
-
$ $ $ $ $
42.22 79.04 115.85 152.67 189.48
$ $ $ $ $
-
$ $ $ $ $
4.69 8.78 12.87 16.96 21.05
$ $ $ $ $
46.91 87.82 128.72 169.63 210.53
1 2 3 4 5
$ $ $ $ $
39.43 73.72 108.00 142.29 176.57
$ $ $ $ $
6.51 12.29 18.07 23.85 29.63
$ $ $ $ $
-
$ $ $ $ $
45.94 86.01 126.07 166.14 206.20
$ $ $ $ $
-
$ $ $ $ $
5.10 9.56 14.01 18.46 22.91
$ $ $ $ $
51.05 95.57 140.08 184.60 229.11
$ $ $ $ $
39.86 74.51 109.17 143.82 178.48
$ $ $ $ $
6.58 12.43 18.27 24.11 29.95
$ $ $ $ $
-
$ $ $ $ $
46.44 86.94 127.43 167.94 208.43
$ $ $ $ $
-
$ $ $ $ $
5.16 9.66 14.16 18.66 23.16
$ $ $ $ $
51.60 96.60 141.59 186.59 231.59
$
32.47
$
3.51
$
-
$
35.98
$
-
$
4.00
$
39.98
$
32.82
$
3.54
$
-
$
36.37
$
-
$
4.04
$
40.41
$ $ $
42.81 77.67 112.50
$ $ $
12.15 22.03 31.91
$ $ $
1.93 3.50 5.07
$ $ $
56.88 103.20 149.48
$ $ $
32.27 64.54 96.81
$ $ $
9.91 18.64 27.36
$ $ $
99.06 186.37 273.65
$ $ $
43.27 78.51 113.71
$ $ $
12.28 22.27 32.26
$ $ $
1.95 3.54 5.12
$ $ $
57.50 104.31 151.09
$ $ $
32.27 64.54 96.81
$ $ $
9.97 18.76 27.54
$ $ $
99.74 187.61 275.44
$
51.26
$
10.42
$
1.93
$
63.61
$
32.27
$
10.65
$
106.53
$
51.81
$
10.53
$
1.95
$
64.30
$
32.27
$
10.73
$
107.29
$ $ $ $
9.79 19.57 29.36 39.15
$ $ $ $
1.58 3.16 4.74 6.31
$ $ $ $
-
$ $ $ $
11.37 22.73 34.10 45.46
$ $ $ $
-
$ $ $ $
1.26 2.53 3.79 5.05
$ $ $ $
12.63 25.26 37.89 50.52
$ $ $ $
9.89 19.79 29.68 39.57
$ $ $ $
1.60 3.19 4.79 6.38
$ $ $ $
-
$ $ $ $
11.49 22.98 34.47 45.95
$ $ $ $
-
$ $ $ $
1.28 2.55 3.83 5.11
$ $ $ $
12.77 25.53 38.30 51.06
$ $ $ $ $ $
39.24 80.26 27.68 9.38 8.78 24.91
$ $ $ $ $ $
5.04 -
$ $ $ $ $ $
-
$ $ $ $ $ $
44.28 80.26 27.68 9.38 8.78 24.91
$ $ $ $ $ $
-
$ $ $ $ $ $
4.92 8.92 3.08 1.04 0.98 2.77
$ $ $ $ $ $
49.20 89.18 30.75 10.43 9.76 27.68
$ $ $ $ $ $
39.67 81.13 27.98 9.48 8.88 25.18
$ $ $ $ $ $
5.09 -
$ $ $ $ $ $
-
$ $ $ $ $ $
44.76 81.13 27.98 9.48 8.88 25.18
$ $ $ $ $ $
-
$ $ $ $ $ $
4.97 9.01 3.11 1.05 0.99 2.80
$ $ $ $ $ $
49.73 90.14 31.08 10.54 9.86 27.98
$ $
3.64 4.94
$ $
-
$ $
-
$ $
3.64 4.94
$ $
-
$ $
0.40 0.55
$ $
4.05 5.48
$ $
3.68 4.99
$ $
-
$ $
-
$ $
3.68 4.99
$ $
-
$ $
0.41 0.55
$ $
4.09 5.54
Contamination Fee Bins-to recover costs for separating solid waste placed in Recycling Material or Green Waste containers46.13 $
$
-
$
-
$
46.13
$
-
$
5.13
$
51.25
$
46.63
$
-
$
-
$
46.63
$
-
$
5.18
$
51.81
Restart Fee- The fee for Restarting commercial service when a permanent account has been terminated for non payment. $ 15.78
$
-
$
-
$
15.78
$
-
$
1.75
$
17.53
$
15.95
$
-
$
-
$
15.95
$
-
$
1.77
$
17.72
Scout Service - per bin times # of pickups/wk
-
$
36.90
$
-
$
4.10
$
41.00
$
37.30
$
-
$
-
$
37.30
$
-
$
4.14
$
41.45
Description
Frequency per Week
Sec 4.1.8b Tonnage Fee
Total Subject to CPI
Proposed Rates 7.1.2015 EDCO Disposal Component
Franchise Fee 10.0%
Customer Total
Sec 4.1.8b Tonnage Fee
Total Subject to CPI
EDCO Disposal Component
Franchise Fee 10.0%
Customer Total
Commercial Recycling - Three Yard Bin
Commercial Recycling - Four Yard Bin
Commercial Recycling - Five Yard Bin
Commercial Recycling - Six Yard Bin
Recycling Bin Extra Dump Split Bin Rate - 3 Yard
1 2 3
Construction Bin Rate - 3 Yard 1 bin Commercial Recycling - 96 Gal Cart 1 2 3 4 Commercial - Additional Rates Bin Exchange Bin Paint Charge Bin Lock Set Up Fee Locking Fee Lock Replacement Overloaded Bins A Bin that needs to be moved: 16 to 50 feet over 51 feet
$
36.90
$
-
$
Standard Collection - 35 gal Standard Collection - 64 gal Standard Collection - 96 gal
$ $ $
9.61 12.16 14.09
$ $ $
1.51 2.02 2.02
$ $ $
0.19 0.19 0.19
$ $ $
11.31 14.37 16.30
$ $ $
2.47 3.09 3.09
$ $ $
1.53 1.94 2.15
$ $ $
15.32 19.40 21.54
$ $ $
9.72 12.29 14.24
$ $ $
1.53 2.04 2.04
$ $ $
0.19 0.19 0.19
$ $ $
11.43 14.53 16.47
$ $ $
2.47 3.09 3.09
$ $ $
1.55 1.96 2.17
$ $ $
15.45 19.57 21.74
Manual Service
$
15.16
$
2.28
$
0.19
$
17.63
$
3.09
$
2.30
$
23.02
$
15.32
$
2.30
$
0.19
$
17.82
$
3.09
$
2.32
$
23.23
Additional Cart
$
1.64
$
0.21
$
$
1.85
$
-
$
0.21
$
2.05
$
1.66
$
0.21
$
$
1.87
$
-
$
0.21
$
2.07
Residential Rates
9
-
May 18, 2015 Page 2 of 3
-
Item 07
Current Rates Waste Mgt Service Component
Sec 3.2.3 City Program Funding
Backyard Service
$
19.64
$
2.84
$
Bulky Item 1st item Bulky Item -each add'l Bulky Item -Requiring two people to service
$ $ $
28.63 8.70 51.66
$ $ $
3.66 0.52 -
$ $ $
Additional cart cleanings (over 1 per year)
$
9.23
$
-
Delivery of an extra cart
$
9.23
$
Contamination Fee Bins-to recover costs for separating solid waste placed in Recycling Material or Green Waste containers $ 9.23 Overage pick ups (beyond 2 annual allowances)
Description
Frequency per Week
Sec 4.1.8b Tonnage Fee
EDCO Disposal Component
$
22.67
$
-
$ $ $
32.29 9.23 51.66
$ $ $
$
-
$
9.23
-
$
-
$
$
-
$
-
$
-
$
Late fee: There will be a minimum fee on any delinquent $ account4.61 - $5 minimum $ charge $
$
9.23
0.19
Total Subject to CPI
Proposed Rates 7.1.2015
3.09
Franchise Fee 10.0%
Customer Total
Waste Mgt Service Component
Sec 3.2.3 City Program Funding
Sec 4.1.8b Tonnage Fee
$
2.86
$
28.62
$
19.85
$
2.87
$
-
$ $ $
3.59 1.03 5.74
$ $ $
35.88 10.25 57.40
$ $ $
28.93 8.80 52.22
$ $ $
3.70 0.53 -
$ $ $
$
-
$
1.03
$
10.25
$
9.33
$
-
9.23
$
-
$
1.03
$
10.25
$
9.33
$
$
9.23
$
-
$
1.03
$
10.25
$
9.33
-
$
9.23
$
-
$
1.03
$
10.25
$
-
$
4.61
$
-
$
0.51
$
5.13
2.71 -
$ $ $ $
328.65 2.71 46.86 131.52
$ $ $ $
46.28 -
$ $ $ $
36.52 5.44 5.21 14.61
$ $ $ $
0.19
Total Subject to CPI
EDCO Disposal Component
$
22.91
$
-
$ $ $
32.64 9.33 52.22
$ $ $
$
-
$
9.33
-
$
-
$
$
-
$
-
9.33
$
-
$
$
4.66
$
-
$
365.17 54.43 52.06 146.13
$ $ $ $
295.29 47.36 132.94
$ $ $ $
36.91 -
$ $ $ $
3.09
Franchise Fee 10.0%
Customer Total
$
2.89
$
28.89
-
$ $ $
3.63 1.04 5.80
$ $ $
36.26 10.36 58.02
$
-
$
1.04
$
10.36
9.33
$
-
$
1.04
$
10.36
$
9.33
$
-
$
1.04
$
10.36
-
$
9.33
$
-
$
1.04
$
10.36
-
$
4.66
$
-
$
0.52
$
5.18
$ $ $ $
332.20 2.74 47.36 132.94
$ $ $ $
46.28 -
$ $ $ $
36.91 5.45 5.26 14.77
$ $ $ $
369.11 54.46 52.63 147.71
Rolloff Rates Rolloff - 40 Yard Service Fee Disposal Fee per Ton Weekly Standard Roll-Off Box Rental Dead Run charge
$ $ $ $
292.14 46.86 131.52
$ $ $ $
36.52 -
$ $ $ $
Rolloff - Compactor Service Fee
$ $
292.14
$ $
36.52
$ $
-
$ $
328.65
$ $
-
$ $
36.52
$ $
365.17
$ $
295.29
$ $
36.91
$ $
-
$ $
332.20
$ $
-
$ $
36.91
$ $
369.11
Green Waste Disposal
$
-
$
-
$
-
$
-
$
36.88
$
4.04
$
40.92
$
-
$
-
$
-
$
-
$
36.88
$
4.10
$
40.98
$
-
$
-
$
644.50
$
-
$
71.61
$
716.12
$
651.46
$
-
$
-
$
651.46
$
-
$
72.38
$
723.84
$
1.95
Emergency Collection and Disposal - City Service in a disaster situation - per box $ 644.50
2.74 -
New rate Rolloff Stand By Fee: per minute after 5 minutes. Max 15 minute charge
10
May 18, 2015 Page 3 of 3
Item 07
Attachment C
11
May 18, 2015
Item 07
City of Del Mar Staff Report TO:
Honorable Mayor and City Council Members
FROM:
Eric Minicilli, Public Works Director Via Scott W. Huth, City Manager
DATE:
May 18, 2015
SUBJECT:
Engineering Services Contract Amendment International (formerly RBF Consulting)
with
Michael
Baker
REQUESTED ACTION/RECOMMENDATION: Authorize the City Manager to execute a contract amendment to the Professional Services Agreement with Michael Baker International to provide Engineering Services through June 30, 2017, for a not-to-exceed amount of $470,000. The amendment does not require any changes to the approved Fiscal Year 2014-2015 Operating and Capital Budget. DISCUSSION/ANALYSIS: On July 14, 2009, the City entered into a contract with Michael Baker International (formerly RBF Consulting) to provide a variety of engineering services to the City. The City Council approved contract amendments extending the contract term through June 30, 2017 and implemented a not-to-exceed contract limit of $350,000 per year. Michael Baker International’s work plan for Fiscal Years 2014-2015, 2015-2016, and 2016-2017 has expanded significantly, thereby necessitating an increase to the not-toexceed contract limit of $350,000 per year. The primary drivers of the work plan increase are the ongoing duties of engineering design management for the City’s Capital Improvement Program and significant increases to development review needs related to private redevelopment projects. The planned aggressive implementation of the City’s capital improvement projects, including completion of the Roadway and Sidewalk Project on Jimmy Durante Boulevard this fiscal year, have and will continue to require additional engineering effort on behalf of the City by Michael Baker International. Additionally, development review activities are continuing to surpass estimates as private redevelopment projects within the City are occurring at a heavy pace. While these changes necessitate an amendment to alter the annual contract limit through Fiscal Year 2016-2017, no changes are required to the approved budget as these costs ________________________________________________________________________________________________________
City Council Action:
1
May 18, 2015
Item 08
City Council Staff Report Contract Amendment for City Engineering Services May 18, 2015 Page 2 of 2 are either already budgeted within the Capital Budget or paid by increases in development fees submitted to the City. Staff is recommending authorization for the City Manager to execute an amendment (Attachment A) to the Professional Services Agreement, for a not-to-exceed amount of $470,000 per year. FISCAL IMPACT: This amendment results in no increase in total cost to the City. This amendment increases the Professional Service agreement’s not-to-exceed limit due to the increase in work scope for RBF Consulting. The additional costs were already included in the Capital Budget or are recovered through development review fees.
PRIOR CITY COUNCIL REVIEW: On June 16, 2014, Council authorized the City Manager to execute the fourth amendment extending this contract through June 30, 2017 with an annual not-to-exceed contract amount of $350,000. ATTACHMENTS: Attachment A:
2
Fifth Amendment to Professional Services Agreement
May 18, 2015
Item 08
ATTACHMENT A FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT DATED JULY 14, 2009 FOR ENGINEERING SERVICES THIS FIFTH AMENDMENT TO AGREEMENT (the “Fifth Amendment”) is made this 18th day of May, 2015, by and between the City of Del Mar, a California municipal corporation and Charter City (the “City”) and Michael Baker International (“Consultant”) (collectively “Parties”) for engineering services. WHEREAS, on July 14, 2009 the City and Consultant entered into an Agreement for Engineering Services (“Agreement”); and WHEREAS, the Agreement provides that any modification of the Agreement must be in writing; and WHEREAS, the City has determined it is necessary to amend the Agreement by increasing the contract amount not to exceed to $470,000 through the contract term of June 30, 2017 in accordance with Section 3.1 of the Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1.
Section 3.4 of the Agreement shall be amended to read as follows: “Total Amount. The total cost for all work described in the Scope of Services, attached as Exhibit “A”, shall not exceed $470,000 per year.”
2.
3
Except as otherwise provided in this Amendment, the Agreement, and each and every term, condition, attachment and exhibit thereto, shall remain in full force and effect.
May 18, 2015
Item 08
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed and effective as of May 18, 2015, regardless of the date of execution.
CITY of DEL MAR, a municipal corporation
RBF Consulting, a California corporation By:
_____________________ Scott W. Huth, City Manager
Michael Tylman Its:
Senior Vice President
Date: __________________________
By: Tim Thiele Its:
Vice President
Date: _______________________________
[Signature Page to Fifth Amendment to Michael Baker International’s Services Agreement]
4
May 18, 2015
Item 08
City of Del Mar Staff Report TO:
Honorable Mayor and City Council Members
FROM:
Jon Terwilliger, Senior Management Analyst Via Scott W. Huth, City Manager
DATE:
May 18, 2015
SUBJECT:
Authorization of a Not-to-Exceed Expenditure of $500,000 for Professional Consulting Services for Project Management Services for City Capital Improvement Projects Including the City Hall/Town Hall Project (RFQ 2015-06), Street and Sidewalk Improvements, Utility Improvements and City Facility Maintenance/Improvement Projects, and Authorization for the City Manager to Negotiate and Execute Related Agreement(s)
REQUESTED ACTION/RECOMMENDATION: Staff recommends that the City Council authorize a not-to-exceed amount of $500,000 for professional consulting services for project management services for City Capital Improvement projects including the City Hall/Town Hall project, street and sidewalk improvements, utility improvements and City facility maintenance/improvement projects related to RFQ 2015-06. The proposed funds shall be expensed to the corresponding CIP projects based on actual services performed. Staff recommends that the City Council authorize the City Manager to engage in negotiations and execute an agreement for said services. DISCUSSION/ANALYSIS: On June 17, 2013, the City Council initiated the planning phase for a new City Hall and related municipal uses located at 1050 Camino del Mar. The planning phase concluded in June 2014 and the City Council authorized the initiation of the Master Planning Phase at their meeting of June 16, 2014. At their July 7, 2014 meeting, the City Council adopted Resolution 2014-58 affirming the development of a new City Hall/Town Hall and directing staff to proceed with efforts related to planning for and developing the project. Project management professional services are now being sought by the City to lead the three phases of the Civic Center development process: 1. Pre-Design Management Services ________________________________________________________________________________________________________
City Council Action:
1
May 18, 2015
Item 09
City Council Staff Report Authorization of Contract for Project Management Services May 18, 2015 Page 2 of 3
2. Design Management Services 3. Construction Management Services The City is also seeking project management services for a variety of other Capital Improvement Projects. On April 27, 2015, the City issued a Request for Qualifications (RFQ 2015-06) to solicit qualified individuals or firms to manage the phases listed above. The proposals were due May 15, 2015. With the requested action, staff will evaluate the proposals, negotiate a contract for the services described, and execute an agreement with the successful contract professional. The contracted professional(s) will provide all program management services and perform as an extension of City staff, managing all aspects of project delivery from concept to move-in. The selected person(s) will have expertise and experience in management of architecture and related engineering services, program mobilization and supervision, bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administration of all design and construction components of the project(s). Phase I – Pre-Design Management Services Phase 1 includes pre-design program management and coordination services through the start of the design phase of the Project. The scope of services includes: supporting City staff for concept development, public outreach, and general communications; coordinating and managing the activities of the City’s design team including architectural team, geotechnical, traffic, and EIR, and other related consultants; and developing a program budget. Phase II - Design Management Services Phase II involves pre-construction management and administration services, including design management and coordination for the project from conceptual design, schematic design, design development, and the production of construction documents through the issuance of a building permit. Work scope in this phase includes: • Coordinating and managing the City’s design team in its delivery of Architectural and Engineering (A&E) services, including all required specialty consultants such as geotechnical, traffic, noise and civil engineering design; • Coordinating the City’s CEQA compliance and environmental approval process; • Developing budgets and or cost estimates at each phase of the design process and recommending design modifications as necessary utilizing Value Engineering principles to seek to keep at or below the construction budget established for the project; • Providing construction logistic studies to facilitate construction within the project site and identification of additional off-site locations if required;
2
May 18, 2015
Item 09
City Council Staff Report Authorization of Contract for Project Management Services May 18, 2015 Page 3 of 3 •
• • •
Developing and maintaining overall project schedules and managing the project to ensure that timeframes for deliverables and processes prior to construction are met; Providing a quality check on the final construction document and specifications; Managing appropriate furniture, fixture and equipment bidding/procurement and installation; and Securing necessary permits required to construct the project.
Phase III – Construction Management Services Phase III includes comprehensive construction management services during construction and post- construction phases of the project including the installation of furnishings, fixtures, and equipment (FF&E) and coordination of move-in. Work scope in this phase includes managing the public bidding and award process; and providing full and complete construction administration, coordination and construction observation services during and following construction. The City Council is requested to allocate the necessary funds for the aforementioned professional services, and direct the City Manager to negotiate and execute a related agreement for an individual(s) to provide the services. FISCAL IMPACT: Staff requests that up to $500,000 be authorized to be expensed from the various Capital Improvement Project budgets. No additional funding is being requested at this time. It is anticipated that the majority of the work will be focused on the City Hall/Town Hall project; however, we also anticipate using these services for a variety of other CIP Projects. ENVIRONMENTAL IMPACT: In accordance with California Environmental Quality Act (CEQA) standards, this project is subject to CEQA review and was initiated by the City Council at the April 20, 2015 hearing. PRIOR CITY COUNCIL REVIEW: During the last 24 months, the City Council has addressed the numerous topics associated with the new City Hall/Town Hall at multiple, noticed meetings. In addition, a “Community Forum” on the topic of City Hall has been included on the agendas for each City Council meeting since April 21, 2014. ATTACHMENTS: Attachment A – Del Mar RFQ 2015-06
3
May 18, 2015
Item 09
ATTACHMENT A
City of Del Mar Community Development Department Del Mar, California RFQ # 2015-06 Request for Qualifications Project Management Professional Consulting Services For the Delivery of a City Hall/Town Hall Master Planned Facility, Including Building and Related Facility Components, and Other Projects as Needed
April 27, 2015
4
May 18, 2015
Item 09
ATTACHMENT A
REQUEST FOR QUALIFICATIONS I. EXECUTIVE SUMMARY / INTRODUCTION The City of Del Mar, California (City) is soliciting Request for Qualifications (RFQ) for selection of a Project Manager/Construction Manager for work related to the delivery of a new City Hall/ T o w n H a l l a s well as other Del Mar projects and/or Capital Improvement Projects as d i r e c t e d (Project), in accordance with the terms, conditions, and requirements set forth in this RFQ. Project Manager professional services are being sought by the City for work in three phases; 1) PreDesign Management Services, 2) Design Management Services; and 3) Construction Management Services. The successful individual will provide all program management services and perform as an extension of the City’s staff managing all aspects of the projects delivery from concept to move in. II. PROJECT DESCRIPTION City Hall/Town Hall: The project is defined as achieving a new City Hall (administrative offices), Town Hall (flexible meeting space for City Council meetings and community meetings as well as shell space for Del Mar TV), a plaza, and public parking. The development program is: a. Approximately 9,250 square foot (+10%) City Hall that includes adequate and flexible space for public counters, lobby, conference rooms and public restrooms. b. Town Hall (Approximately 3,200 square foot (+10%)) that has seating for a minimum of 100 persons with flexibility to go up to 150 persons (in workshop table seating) in a flexible space that accommodates a variety of uses, including Council Chambers/TV Studio, community meeting rooms, and space for Del Mar TV. c. Approximately 160 parking stalls (all or a majority in structure). d. Approximately a 15,000 square-foot public plaza to be used for various events. e. Area (between 11,000 and 20,000 square feet) for future expansion, with maximization of expansion space. Additional information regarding this project is http://www.delmar.ca.us/353/City-HallTown-Hall-Design.
posted
on
the
City’s
website:
Additional Projects: The City has an aggressive Capital Improvement Project list with streetscape projects, road projects, building maintenance projects, park projects, etc. that may require Project Management/Construction Management services. III. SCOPE OF SERVICES The objective of this RFQ process is for the City to identify and select a Project Manager (PM) to provide professional program and construction management services on a continuous and integrated basis during the pre-design, design, construction, and occupancy phases of the Projects as described in this RFQ. A summary of the anticipated services by the PM shall include, but is not limited to, the following: Phase I – Pre-Design Management Services Phase 1 includes pre-design program management and coordination services through the start of the design phase of the Project. Such services would include: • Provide support to City staff for concept development, public outreach, and general communications.
5
May 18, 2015
Item 09
ATTACHMENT A
• • • •
Review and confirm with City Staff the existing City program information including the most current needs assessment. Review and understand the existing City Council adopted design guidelines, codes, and requirements affecting this project. Coordinate and manage the activities of the City’s design team including architectural team, geotechnical, traffic, and EIR, and other related consultants. Assist the City in developing a Program Budget including all project cost such as usual and customary consultant/permit/fees soft cost, building construction, onsite and offsite mitigation cost, other indirect cost, outfitting with furniture and equipment, relocation cost, financing cost, and any other cost that can be anticipated to be incurred in a public project of this scope and function.
Phase II - Design Management Services Phase II involves pre-construction management and administration services, including design management and coordination services for the project from conceptual design, schematic design, design development, and the production of construction documents through the issuance of a building permit. The PM will review and coordinate all design work on behalf of the City. Work scope in this phase includes: •
• •
• •
• • • • •
Coordinate and manage the City’s design team in its delivery of Architectural and Engineering (A&E) services, including all required specialty consultants such as geotechnical, traffic, noise and civil engineering design with special emphasis placed on the following activities: o Addressing functional needs for the City Hall, Park and Parking Facility as defined in the City’s project program. o Addressing the neighborhood context. o Coordinate all aspects of on-site improvements, all required off-site improvements, all onsite and off-site utilities, and any other applicable improvements. o Addressing the principles of sustainability during the design process as may be directed by the City o Perusing the incorporation of depletable resource conservation, LEED, and operational efficiencies as requested by the City. o Addressing the importance of design, drawing and specification all complying with applicable local and State codes and design standards. Coordinate the City’s CEQA compliance and environmental approval process, and integrate into the project. Develop budgets and or cost estimates at each phase of the design process and recommend design modifications as necessary utilizing Value Engineering principles to seek to keep at or below the construction budget established for the Project. Provide periodic design and constructability reviews. Provide construction logistic studies including evaluating potential locations for construction trailers, layout area, material storage, construction staff parking and other required areas to facility construction within the Project site and identification of additional off-site locations if required. Develop and maintain overall Project schedules and manage the Project to ensure that timeframes for deliverables and processes prior to construction are met. Provide a quality check on the final construction document and specifications. Manage appropriate furniture, fixture and equipment bidding/procurement and installation. Assure incorporation (and respond to) all Building Official and other permitting agency comments as appropriate, and facilitate the permitting process. Secure City issued building permits and all other jurisdictional permits required to construct the Project.
Phase III – Construction Management Services Phase III includes comprehensive Construction Management services during construction and post-
6
May 18, 2015
Item 09
ATTACHMENT A
construction phases of the project including the installation of furnishings, fixtures, and equipment (FF&E) and coordination of move-in. Work scope in this phase includes: • Managing the public bidding and award process in full compliance with the Calif. Public Contract Code. • Providing full and complete construction administration, coordination and construction observation services during and following construction, including but not limited to the following: o Onsite administration and management o Coordination of all Project consultants under direct contract to the City o Project and construction cost management o Quality assurance, inspection, and quality control. o Coordinate with the City’s Building Inspectors o Dispute resolution. o Submittal coordination. o Management of Requests for Information (RFI). o Change order review and negotiations. o Manage construction materials testing, and specialty inspection services. o Provide schedule analysis and continuous updates. o Manage project close-out, including assuring the A&E team provides complete record (AsBuilt) drawings. o Construction punch-list management and completion. o Manage substantial and final completion processes, and project acceptance. o Compile program warranties. o Deliver operations and maintenance manuals. o Coordinate the installation of FF&E and move in activities o Manage final payment and project closeout for all consultants and contractors under direct contract with the City. o Coordinate warranty work for a period of up to one year IV. AGENCY RELATIONSHIP AND DUTY The PM shall serve as surrogate City staff. The Project will be an "open book" project whereby the City may attend any and all meetings, and the City or its designated auditors or accountants shall have access to any and all records of the PM or maintained by the PM relating to the Project. The PM accepts a relationship of trust and confidence between itself and the City, to furnish its best skills and best judgment to cooperate with the City during its design of the Project, to act as the City’s Agent assisting in opening bids in accordance with the California Public Contract Code, and in all ways to further the interests of the City and the Project. The PM shall use its best efforts to see to it that the work of the Project is done in the best and most expeditious, economical manner consistent with the interests of the City, and in strict conformity with the contract documents, including all reasonable implications of them. V. NEGOTIATED FEE PROFESSIONAL SERVICES Because the PM will only be providing professional services for the benefit of the City, based on a phase by phase not-to-exceed fixed fee for such services, this procurement will be made in accordance with the provisions of Chapter 10 of the California Government Code, Sections 4526 to 4529.5, which requires that individuals qualified to provide such services be selected on the basis of demonstrated competence and qualifications for the type of professional services required without regard to fees and, thereafter, who will negotiate a contract with the City for those services at a fair and reasonable fee. The City will pay the PM on a time and materials basis with a Not-to-Exceed Professional Services Fee for each phase of the Project. Such fee shall include all costs associated with the PM providing all services through the completion of the project.
7
May 18, 2015
Item 09
ATTACHMENT A
The PM will be authorized to proceed with each phase of the work generally outlined above on a phase by phase basis. Prior to the beginning of Phase III, with the goal of determining the most economically and efficient way to proceed with the construction of the Project addressing Project budget, schedule and control, the City and the PM will determine whether the construction of the Project shall be contracted under a Construction Management at Risk or General Contractor Agreement. The PM agreement will therefore by augmented or adjusted accordingly to incorporate the agreed upon method of construction. VI. QUESTIONS REGARDING THIS RFQ All questions pertaining to this RFQ must be provided in writing (using either U.S. mail or via e-mail) no later than May 13, 2015 to: Kathleen A. Garcia, FASLA, Planning and Community Development Director City of Del Mar 1050 Camino del Mar Del Mar, CA 92014 (858) 755-9313
[email protected] VII. TENTATIVE PROJECT SCHEDULE The entire period for provision of the PM services described in this RFQ will commence upon execution of the Professional Services Agreement by all parties and will be completed pursuant to the Project Schedule developed jointly by the City and PM. The approved City Hall/Town Hall project schedule (Attachment A) was adopted by City Council and is expected to be maintained. Currently, the City Hall/Town Hall project is on schedule. Additional projects schedules are to be determined. VIII. SUBMISSION OF QUALIFICATIONS The deadline for submitting a response to this RFQ is 4:00 pm on Friday, May 15, 2015. Respondents shall submit one (1) hard copy of their Statement of Qualifications (SOQ) and one (1) electronic copy, which may be emailed to
[email protected]. SOQs are limited to no more than 20 total printed pages (including front and back). The SOQ shall be delivered in a single package and plainly labeled as follows: ATTN: Administrative Services Director/City Clerk RFQ for Program Management & Professional Consulting Services City Hall/Town Hall Master Planned Facility, and Other Projects as Needed The City of Del Mar will accept Proposals on or before the date indicated above at the following location and address: City of Del Mar 1050 Camino del Mar Del Mar, CA 92014 IX.
SELECTION PROCESS
This RFQ provides the information necessary to prepare and submit qualifications for consideration and ranking by the City. A staff selection panel will evaluate and rank the submitted proposals in the order in which they provide the "best response" based on the selection criteria. Based on the submittals received, the City may then select up to three (3) of the top ranked respondents to interview regarding qualification for this Project. On the basis of the qualifications, references,
8
May 18, 2015
Item 09
ATTACHMENT A
interviews, and using the selection criteria listed here, the City will make a recommendation identifying the most qualified individual. The City also reserves the right to investigate and rely upon information from other available sources in addition to any documents of information submitted by the individual responding to this RFQ. If the individual responding to this RFQ is selected as one of the finalist in the screening process, the City also reserves the right to request financial information from the individual. Any financial information requested will be held in strictest of confidence and used only in evaluating the financial strength of the submitting organization. The City staff will meet with the successful individual and negotiate the final form of the contract. If good faith negotiations with the selected individual are unsuccessful, the City will terminate such negotiations and undertake new negotiations with another finalist, or finalists, if any. The City reserves the right to reject any or all proposals, at its sole discretion. The authorization for contract award to the PM for this Project will be upon approval by the City of Del Mar City Manager. X. SOQ CONTENT & SELECTION CRITERIA Statements of Qualifications: Statements of Qualifications must include the following: 1. Credentials, Background – Include a brief profile and resume. 2. Experience - Consultant’s experience with at least three recent public agency projects of similar scope, including references with contact person and telephone number. Provide evidence that the proposing PM has expertise and experience in management of architecture and related engineering services, program mobilization and supervision, bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administration of all design and construction components of the project. 3. Program Management Approach - Describe your program management philosophy and approach to the PM with emphasis on how this will meet the City’s needs. Please address the specific Selection Criteria stated below. 4. Describe any unique qualifications as they pertain to this particular project. 5. Agreement to City Contract Terms and Ability to Obtain Insurance - State your ability to execute the City’s standard Professional Services Agreement (PSA) for project (see Attachment B to this RFQ) and to obtain the necessary insurances. 6. Hourly rate schedule. Statements of Qualifications should be limited to no more than 20 total printed pages. Selection Criteria: Selection of the most qualified PM will be based on the submitted Qualifications and, if conducted, interviews. All Proposal packages will be evaluated against the criteria listed below; therefore, describe your approach to: Program Management Capabilities..................................................................................25% Demonstrates a comprehensive understanding of the Project and knowledge of work required, good description of PM philosophy and processes, record of ability to successfully complete projects of similar scope without major legal or technical problems, demonstrated ability to accommodate the addition of this Project within its work schedule. Qualifications and Technical Capabilities.......................................................................25% Background, demonstrated ability to manage project costs and meet project budgets and schedules, sensitive approach to public and regulatory concerns, discussion of quality controls.
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Previous Experience............................................................................................................25% Provided evidence of expertise and previous experience in providing PM services, specifically with public sector projects and demonstrated qualifications. Provided relevant public sector references. Cost Control/Financial- ....................................................................................................25% Understanding of fiduciary responsibility, demonstrated effective cost control methods, demonstrated financial capability, bonding capacity, and ability to meet City's insurance requirements, acceptance of City's standard PSA. Agreement to City Contract Terms and Ability to Obtain Insurance •
•
Affirm your ability to execute the City’s standard Professional Services Agreement (PSA) for project (see Attachment B to this RFQ). Please note that the City will be very reluctant to make changes as we feel that the City’s current PSA represents a balanced and fair approach that has been acceptable to the engineering and construction management industry. Provide specific assurance regarding your ability to secure insurance that meets the City requirements.
XI. GENERAL INFORMATION City’s Reservation of Rights: The City may evaluate the proposals based on the anticipated completion of all or any portion of the Project. The City reserves the right to divide the Project into multiple parts, to reject any and all proposals and re-solicit for new proposals, or reject any and all proposals and temporarily or permanently abandon the Project. City makes no representations, written or oral, that it will enter into any form of agreement with any respondent to the RFQ for any project and no such representation is intended or should be construed by the issuance of this RFQ. Acceptance of Evaluation Methodology: By submitting its proposal in response to this RFQ, respondent accepts the City’s Quality Based Selection criteria and evaluation process and acknowledges and accepts that determination that the process will require subjective judgments by the City. No Reimbursement for Costs: Respondent acknowledges and accepts that any costs incurred from the respondent’s participation in this RFQ process shall be at the sole risk and responsibility of the respondent. Waiver of Claims: Each respondent, in submitting a proposal, is deemed to have waived any claims for damage by reason of the selection of another proposal and/or the rejection of its proposal. ATTACHMENT A – City Hall/Town Hall Project Schedule, as Adopted by City Council ATTACHMENT B – City Standard Agreement for Professional Services (PSA)
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May 18, 2015
Item 09
ATTACHMENT A
Revised City Hall/Town Hall Schedule ID 1
Task Name
Start
Finish
Master Planning
Mon 9/8/14
Mon 3/2/15
2
Voice your Choice Poll
Mon 2/2/15
Fri 2/20/15
3
Council Direction on program from Poll results
Mon 3/2/15
Mon 3/2/15
4/12
4/19
4/26
May
5/3
5/10
5/17
5/24
June 5/31
6/7
6/14
6/21
July 6/28
7/5
7/12
7/19
7/26
August 8/2
8/9
8/16
September 8/30 9/6
8/23
9/13
9/20
October 9/27 10/4
10/11
10/18
10/25
November 11/1
11/8
11/15
11/22
December 11/29 12/6
12/13
12/20
12/27
January 1/3
1/10
1/17
1/24
February 1/31
2/7
2/14
2/21
March 2/28
3/6
3/13
3/20
3/27
April
4/3
4/10
4/17
4/24
4 5
Design Team Selection
Tue 12/16/14 Mon 4/6/15
6
RFQ
Tue 12/16/14 Fri 1/30/15
7
Council appoints Selection Committee
Tue 1/20/15
Tue 1/20/15
8
Determine short list of qualified firms
Mon 2/2/15
Fri 2/13/15
9
Prepare and release RFP
Mon 2/16/15 Mon 3/2/15
10
Proposals from Short listed Tue 3/3/15 firms
11
Proposal Review
Mon 3/23/15 Thu 3/26/15
12
Interviews
Fri 3/27/15
Fri 3/27/15
13
Contract approval at City Council
Mon 4/6/15
Mon 4/6/15
Tue 4/21/15
Wed 11/18/15
Fri 3/20/15
14 15
Design
16
Meet & Greet with Architect Mon 5/4/15
Mon 5/4/15
17
Concept Design
Mon 5/4/15
Mon 6/15/15
18
Community Open House Concept Design
Mon 6/1/15
Mon 6/1/15
19
Schematic Design
Tue 6/16/15
Mon 7/20/15
20
Design Development
Tue 7/21/15
Wed 11/18/15
21
Community Workshop Design Development
Mon 9/28/15 Mon 9/28/15
5/4 6/1
9/28
22 23
Entitlements
Tue 4/21/15
Mon 12/7/15
24
CPP Program
25
Design Review Board Initial Wed 8/26/15 Wed 8/26/15 Review
26
CPP Community Meeting
27
DRB - Recommendation to Wed 11/18/15 Wed 11/18/15 City Council
Wed 4/22/15 Fri 10/9/15 8/26
10/12
Mon 10/12/15 Mon 10/12/15
11/18
28
Design Review Permit
Wed 11/18/15 Wed 11/18/15
11/18
29
Land Conservation Permit Wed 11/18/15 Wed 11/18/15
11/18
30
Coastal Development Permit
Wed 11/18/15 Wed 11/18/15
11/18
31
Tree Removal Permit
Wed 11/18/15 Wed 11/18/15
11/18
32
City Council Entitlement Approval
Thu 11/19/15
12/7
Mon 12/7/15
33 34
CEQA
Wed 4/15/15 Thu 1/7/16
35
Initial Study
36
30-day Notice of Preparation Thu 5/21/15 Scoping Period
Sat 6/20/15
37
Scoping Meeting
Mon 6/1/15
Mon 6/1/15
38
Draft EIR Preparation
Tue 6/2/15
Sun 9/6/15
39
EIR Technical Studies
Wed 4/15/15 Mon 7/13/15
40
45-day Public Review of Draft EIR
Mon 9/7/15
Thu 10/22/15
41
Preparation of Final Fri 10/23/15 EIR/Response to Comments
Thu 11/26/15
42
EIR Certification Hearing
Mon 12/7/15 Mon 12/7/15
43
CEQA Notice of Determination
Tue 12/8/15
Thu 1/7/16
Mon 4/27/15 Mon 5/11/15
6/1
12/7
44 45
Tue 3/3/15
Mon 1/18/16
46
Financing Preliminary Financing Investigations
Tue 3/3/15
Mon 8/3/15
47
Procurement for Financial Advisor & Counsel
Mon 8/3/15
Tue 9/1/15
48
Development of Prelim Official Statement
Wed 9/2/15
Wed 9/2/15
49
Underwriter procurement process
Thu 10/1/15
Fri 11/13/15
50
Rating agency presentation Mon 11/16/15 Mon 11/16/15
51
Circulate final Official Statement
Tue 12/15/15 Thu 1/14/16
52
Finance Closing
Fri 1/15/16
53
City Invest proceeds to match construction draw schedule
Mon 1/18/16 Mon 1/18/16
9/2
11/16
1/15
Fri 1/15/16
1/18
54 55
Relocation
Mon 6/22/15 Mon 11/30/15
56
Relocation Plan
Mon 3/2/15
Wed 5/6/15
57
Entitlements for temp location
Mon 5/4/15
Mon 6/15/15
58
Procure temporary facilities Mon 4/27/15 Fri 8/28/15
59
Move
Mon 11/23/15 Fri 11/27/15
Construction Documentation/Bidding
Thu 11/19/15 Mon 5/2/16
60 61 62
Construction Documents Thu 11/19/15 Fri 4/1/16
63
Bid and Bid Opening
64
Contract for Construction Mon 5/2/16
Mon 4/4/16
Fri 4/29/16 Mon 5/2/16
65 66
Demolition & Construction Mon 10/19/15 Fri 4/28/17
67
Environmental Remediation Planning
Mon 10/19/15 Fri 12/18/15
68
Demolition & Haz Mat Removal
Mon 1/11/16 Fri 4/1/16
69
Construction (Minimum 1 Tue 5/3/16 year)
Thu 4/27/17
70
Certificate of Occupancy (earliest possible timeframe)
Fri 4/28/17
Project: City Hall Master Schedule Date: Mon 4/27/15 Mon 4/27/15
Fri 4/28/17
Task
Milestone
Project Summary
External Milestone
Inactive Milestone
Manual Task
Manual Summary Rollup
Start-only
Split
Summary
External Tasks
Inactive Task
Inactive Summary
Duration-only
Manual Summary
Finish-only
Deadline Progress Page 1 of 1
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May 18, 2015
Schedule subject to change
Item 09
May
ATTACHMENT A
AGREEMENT BETWEEN THE CITY OF DEL MAR AND [NAME OF CONSULTANT] This Agreement (“Agreement”) is made and entered into this _____ day of ____________, 20__ by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and [Name of Consultant] (“Consultant”) (collectively “Parties”).
WHEREAS, Chapter 7.16 of the Del Mar Municipal Code provides for acquisition of services from architects, engineers, land surveyors, construction management firms (“Design Professionals”) on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the professional services required, and WHEREAS, the City requires professional services necessary for Design Services for a [description of project] (“Project”); and WHEREAS, Consultant has special knowledge, experience and facilities to provide such special services called for by this Agreement as provided on attached Exhibit “A;” and WHEREAS, the City desires to retain Consultant to accomplish Design Services for _____________ project as provided on attached Exhibit “A” and Consultant is willing to be so retained pursuant to the terms and conditions of this Agreement. 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 Design Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein by reference. Such services shall be provided at the direction of the City. 1.2. Project Coordinator. The [Title of City Employee Overseeing Services] is hereby designated as the Project Coordinator for City and will monitor the progress and execution of this Agreement. Consultant shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for Consultant. Director of Planning and Community Development is hereby designated as the Project Director 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. The services called for under this Agreement shall be provided by Consultant during the period commencing upon execution of this Agreement and this
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Agreement shall terminate upon the satisfactory completion of all project obligations or on ____________, whichever is earlier in time. 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. In consideration of the services to be performed by Consultant for the City as set forth in Exhibit “A” to this Agreement, the City agrees to pay Consultant a sum of _________________ ($____). 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. 4.3 Payment. Consultant shall bill the City for work provided and shall present a written request for such payment monthly. 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
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such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters. 6. REPRESENTATIONS. 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. Consultant will perform the services set out in this Agreement, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that City, in entering into this Agreement, is relying on Consultant’s representations for quality and professional work performed in a timely manner, and Consultant shall perform in accordance with those representations and standards. 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 Consultant is subject to a conflict of interest code. 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
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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). 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 Professional Liability. Professional 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
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May 18, 2015
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ATTACHMENT A
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 self-insured 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 Indemnity for Professional Liability. Except for the sole negligence or willful misconduct of City, Consultant shall, to the fullest extent permitted by law, hold harmless, protect, defend and indemnify the City, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent acts, errors, or omissions; recklessness; or willful misconduct of Consultant in the performance of the professional services under this Agreement and those of Consultant's sub-consultants or anyone for whom Consultant is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder. 12.2 Indemnity for Other than Professional Liability. With respect to operations other than the performance of the professional services under this Agreement, Consultant shall, to the fullest extent permitted by law, hold harmless, protect, defend and indemnify the City, its council, and each member thereof, its officers, employees, representatives and their successors and assigns, from and against losses, liabilities, claims, suit damage, expenses and costs including reasonable attorney's fees and costs, and expert costs and investigation expenses arising out of injury to any person, including death, or damage to property caused, in whole or in part, by or attributable to the performance of Consultant, its employees, representatives, subcontractors, or agents regardless of whether or not such claim, loss or liability is caused, in part by a party indemnified hereunder. 12.3 General Indemnity Provisions. 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
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May 18, 2015
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ATTACHMENT A
reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable. Consultant agrees that its duty to defend the indemnities 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. 12.4 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. 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 or national origin, nor shall Consultant discriminate against any qualified individual with a disability. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin 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. City Manager City of Del Mar 1050 Camino del Mar Del Mar, CA 92014
17
If to Consultant: ______________ ______________ ______________ ______________
May 18, 2015
Item 09
ATTACHMENT A
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 § 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. 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 or conditions of this Agreement, or arising out of any tortuous 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
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ATTACHMENT A
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.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
City of DEL MAR, a municipal corporation
[Name of Consultant] By:
_____________________ Scott Huth, City Manager Its:
[Title]
ATTEST: _____________________________ Andrew Potter, City Clerk
APPROVED AS TO CONTENT: _____________________________ Scott Huth, City Manager
APPROVED AS TO FORM: _____________________________ Leslie E. Devaney, City Attorney
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Item 09
City of Del Mar Staff Report TO:
Honorable Mayor and City Council Members
FROM:
Andrew Potter, Administrative Services Director Via Scott W. Huth, City Manager Prepared by Emily Bernardo, Information Technology Manager
DATE:
May 18, 2015
SUBJECT:
Authorize the City Manager to Enter into a Three-Year Agreement with CallTower, Inc. for Hosted Voice Over IP (VOIP) Phone Service in the Amount of $68,355
REQUESTED ACTION/RECOMMENDATION: Authorize the City Manager to enter into a three-year agreement with CallTower, Inc. for Hosted Voice over IP phone service in the amount of $68,355. DISCUSSION/ANALYSIS: The City’s existing Voice over IP (VOIP) phone system was installed in 2005 and the equipment is at the end of its useful life. This phone system provides telephone services at all City facilities, including emergency response facilities (Fire Department and Community Services Safety Center). A major overhaul of the hardware and software is required in Fiscal Year 2016 to maintain support and stability of the system. Due to the complexity and on-going capital costs associated with maintaining the existing in-house (VOIP) phone system, the City issued a Request for Proposals (RFP) 2015-01 for Hosted VOIP Service on February 3, 2015. The purpose of the RFP was to evaluate the costs and benefits of transitioning to a “hosted” phone system. In the hosted VOIP business model, the vendor hosts all of the equipment in multiple redundant datacenters. The only equipment required by the customer are phones (handsets). Service is provided at a flat monthly rate per phone or per user. Technical support, software upgrades/enhancements, and maintenance are included in the monthly subscription fee. The City received six proposals in response to the RFP. The proposals were evaluated based on cost, features offered, and ability to meet the requirements in the RFP. CallTower, Inc. offered the lowest cost per seat (handset) out of six proposals and stood out among the competition for their experience, reputation, and end to end Cisco solution that offers many features for collaboration, business continuity, and mobility ________________________________________________________________________________________________________
City Council Action:
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City Council Staff Report Authorization for Agreement with Call Tower May 18, 2015 Page 2 of 3
that the City does not have today with its in-house phone system. CallTower, based out of South Jordan, Utah, has provided hosted Cisco phone service since 2002 and has over 30,000 users world-wide. See Attachment A for RFP 2015-01 Proposal Price Comparison. The benefits of CallTower’s Unified Communication as a Service include the following: Business continuity and reliability: CallTower’s Service Level Agreement (SLA) is 100% uptime. CallTower was the only proposal that included a 100% uptime guarantee. In any given month, if the 100% uptime is not achieved, the customer receives a credit for the service affected (see Attachment D for SLA terms). In a power outage, phones can be easily forwarded to cell phones, alternate numbers, or voicemail. Currently, with the City’s existing system, a power outage results in a busy signal. Call Tower delivers service from two geographically redundant data centers and a third location will be in production in the next 90 days. In addition, “Managed Voice Continuity” can be configured at each City office to allow for a backup connection to CallTower’s phone system using an inexpensive broadband connection. Flexibility: pay for only the services used. The City can test new features with no long-term commitment. Phone lines and additional features can be added or subtracted easily as needs change. Mobility: Phones can be used anywhere there is Internet access (ideal for Emergency Operations Center use, remote workers, relocation due to City Hall construction). Staff can also use “softphones” (a software based phone) from a laptop or computer while traveling or working remotely. Improved Customer Service: Using the CallTower user portal known as “CallTower Connect” staff can access voicemail and phone settings anywhere there is Internet access or from a mobile device application. A “presence” application allows for collaboration, instant messaging, and desktop sharing between staff members. The “follow me” option allows the call to ring to multiple locations (desk, cell phone) to locate a staff member. No Capital Costs: Eliminates recurring hardware/software refresh cycles and on-going equipment maintenance costs. The hosted model provides the City with a “future proof” phone system. Upgrades and enhancements to the system are included in the service at no extra charge. Technical Support: The CallTower solution includes 24/7/365 support. Inhouse expertise or third party support is not required to maintain the system. Support is provided out of the headquarters in Utah and not from an offshore call center.
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City Council Staff Report Authorization for Agreement with Call Tower May 18, 2015 Page 3 of 3
FISCAL IMPACT: The current on-going cost to maintain the existing phone system is approximately $22,000 per year. This cost includes hardware and software support, plus monthly charges for two voice circuits, including usage charges. In addition, staff received budgetary quotes for a complete hardware and software refresh of the existing on premise VOIP system; the total cost is approximately $76,000, including hardware, software, and professional services. See Attachment B for the Cisco On-Premise cost breakdown. Compared to the existing annual VOIP operating costs of $22,000, the annual cost for the CallTower service is $31,000, based on monthly service charges of approximately $2,600. This cost includes a dedicated voice circuit and Managed Voice Continuity (MVC) service that will be installed at the temporary City Hall facility in November 2015. The initial implementation will use the City’s existing 10mbps Internet connection to route voice traffic until a dedicated circuit is provisioned at the temporary facility. The upfront two months deposit of $3,800 (refunded after the initial thirty-six month term) will be incurred this Fiscal Year 2014/2015. The CallTower Hosted solution will reduce the Information Systems Software and Hardware Maintenance budget by $7,800 per year for a net increase in annual operating costs of approximately $9,000.The requirement for a significant capital outlay every five years is completely eliminated. The City may save $20,000 or more over five years from a hosted solution versus the on premise phone system. (See Attachment C for 5-Year Cost Comparison.) There are sufficient funds in the Fiscal Year 2014/2015 Capital and Operating Budget to cover the initial deposit. $17,000 per year will be appropriated in the Fiscal Year 2015/2016 and Fiscal Year 2016/2017 Capital and Operating Budget scheduled for adoption on June 1st, 2015 for the additional operating expenditures. ENVIRONMENTAL IMPACT: This is not a project as defined under the California Environmental Quality Act (CEQA). ATTACHMENTS: Attachment A – RFP 2015-01 Unified Communications as a Service Price Comparison Attachment B - Cisco On-Premise VOIP Costs Attachment C – Five Year Total Cost of Ownership Comparison (CallTower v. OnPremise) Attachment D – CallTower Services Agreement and Amendment. Attachment E – CallTower Informational Brochure
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Attachment A- Price Comparison Sheet RFP 2015-01 Unified Communications as a Service Shoretel Sky One-time Charges Core Service Offering Data Center Provisioning Carrier Circuit Installation On-site Equipment Hand Sets (if purchased) Miscellaneous Hardware Software Professional Services Integration Components Third-party Installation Fees Other (define): Sub-Total Sales Tax (where applicable) Total One Time Recurring Charges: Monthly Service Fees Contract Term 36 month for circuits Core Service Offering Annual maintenance on Purchased Equipment Per user fees - basic user Per user fees - advanced user Mobility or remote user fees Carrier circuits (MPLS, T1, etc.) 1,2,3 Trunk ports or SIP sessions DID numbers Gateways and other hardware Hand Sets (if leased) Software applications Storage Fees Other (Define): Sub-Total, fixed recurring charges Excise tax, FCC fees, etc. Sales Tax (where applicable) Total Monthly Annual Number of seats/users annual cost per seat Total Cost Hosted Year 1 (NRC + MRC)
BlueIP
Call Tower $
$
500.00
2,375.00
$
2,875.00
$
2,875.00
$
2,419.00
$
$
$
37,049.91
385.00
757.02 $
$ $ 4,864.43 $ 1,047.25 $
2,804.00
$ $
2,804.00 33,648.00 95 354.19 36,523.00
$ $
$ $
7,077.34 84,928.08 133 $ 638.56 $ 121,977.99
50.00 90.00 4,400.00 $ 550.00
$
$ 1,400.00 $
$
9,561.68
850.00 360.00
$ $
432.00 $ 6,732.00 $
516.48 9,124.48
670.39 1,431.19 $
$ 1,724.45 $
49.99 1,279.20 $
4,498.50
$
381.92 $
421.75 $
$
49.75 $
100.00
$
221.75
$
2,373.27
$ $
$
27.95
$
30.50
$ 2,591.70 $ 31,100.40 141 $ 220.57 $ 33,473.67
$ $ $ $
2,467.95 29,615.40 91 325.44 39,177.08
$ $ $ $
365.33
35.00
1,729.52 20,754.24 80 259.43 27,486.24
$ $ $ $
Notes: 1 - Shoretel MPLS is only 1.5 meg 2 - BlueIP MPLS is 10 meg 3- all other vendors MPLS 3 meg
4
May 18, 2015
8,608.00
2,250.00
$
$
Ring Central
1,616.25
$ $ $
8x8
Jive
Item 10
4,498.50 53,982.00 150 359.88 63,106.48
Attachment B - Cisco On-Premise VOIP Costs Annual Computer Maintenance Budget for VOIP Hardware 01.5320.2140 VOIP Router Fire - CISCO2801-SRST/K9 - $600 Voip Router -Annex CISCO2801-V/K9 - $600 Voip Router - City Hall - CISCO2811-V/K9 - $600 Voip Router - Comm Serv.- CISCO2801 - $600 Smartnet Conference Phone Call Manager Servers (2)/ Unity Voicemail (1) (3 @ $1250) Annual Software Maintenance Budget (VOIP Servers) 01.5320.2145 Cisco VOIP Software maintenance
$ $ $ $ $ $
600 600 600 600 50 3,750
$
1,600
Subtotal Annual Maintenance Hardware/Software $
7,800
Telecommunications Charges XO Communictions- PRI, anolog lines, and minutes/usage charges ($1200/month)
$ 14,400.00
Total Annual On Premise VOIP costs $
On Premise Hardware & Software Upgrade Cost Hardware & Software (replace voice gateway routers, two call manager servers) Professional Services (configure routers, migrate configuration to new servers, migrate Unity VM, configure presence, collaboration edge for mobility) Total One Time Cisco Hardware/Software Upgrade Total Cost of Ownership On-Premise Total Year 1 Total Year 2 Total Year 3 Total Year 4 Total Year 5 Total 5 YR Year 6 Server Refresh ($50k for new servers/software/professional services, plus annual telco/maint Total Year 7 Total Year 8 Total Year 9 Total Year 10 Total 10 Year Cost
5
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22,200
45,000 31,000 76,000
$ $ $ $ $ $
98,200 22,200 22,200 22,200 22,200 187,000
$ $ $ $ $ $
72,200 22,200 22,200 22,200 22,200 348,000
Item 10
Attachment C - Five Year Total Cost of Ownership Comparison (CallTower vs On-Premise) Hosted Phone Service 5YR Cost Analysis Hosted Phone Service One Time Installation Charges 2 month deposit refunded after 36 months
$
3,797.50
Monthly Service Charges by Location City Hall Fire Community Services Public Works Subtotal 36 month Agreement Total
$ $ $ $ $ $
1,045.25 271.85 365.80 215.85 1,898.75 68,355.00
Additional Services installed at City Hall Temporary site (November 2015) Managed Voice Circuit 3Mbps (installed at City Hall temporary location) Managed Voice Continuity (City Hall) Total additional service charges after relocation in November 2015 Estimated Monthly after relocation Estimated monthly including taxes and surcharges (12%) Annual Hosting Service Charges Total Cost Hosted Year 1 (NRC + MRC) Total 5 Year Cost CallTower Hosted
$ $ $ $ $ $ $ $
385.00 27.95 412.95 2,311.70 2,589.10 31,069.25 34,866.75 159,143.74
On-Premise 5 Year Cost Analysis Total Cost Yr 1 On Premise (HW/SW/Pro Services/Telco charges) Annual On Premise Cost - Maintenace and Telco Charges (YR 2-5) Total 5 Year Cost On Premise
$ $ $
98,200 22,200 187,000
Estimated Savings over 5 Yrs w/ Hosted
$
27,856
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ATTACHMENT E
Hosted Cisco Solutions
CallTower’s Cisco Hosted Solutions CallTower supports advanced capabilities of the current versions of Cisco
Collaboration For Your Business - Your Way
CallManager, including mobility, messaging, conferencing, and presence
As organizations become more complex their employees need smarter and
management services, as well as provides the enterprise IP telephony
better ways to collaborate. This experience should connect people,
feature set that organizations demand today.
information and their teams.
CallTower supports a wide range of Cisco phones, wireless phones,
Getting Unified CallTower’s
Hosted
solutions
provides
the
ultimate
in
unified
communications capabilities for all businesses no matter how small or large. These solution features offer powerful call processing for Cisco Unified IP Phones as part of a converged voice and data solution, powered by Cisco and CallTower.
sidecars, and conference phones to fit your organization’s needs.
Cisco-with integrated Lync (Remote Call Control) With CallTower IP Voice Services, organizations can communicate real-time, reach key decision makers with a single phone call using a hosted Cisco and/or CallTower Complete 2013 for Lync solution. Different users in your organization can use either or both best-of-breed solutions. Our solution
Unbridled Collaboration CallTower’s unified communications solutions deliver the most advanced communication capabilities you need to better compete in any industry: • Fully Featured Phone Set: Advanced key system and private branch
offers enterprise-class voice quality, feature-rich desk phones, soft phones and a full integration with cell phones. The result is a robust, flexible voice offering that easily scales and adapts to the changing needs of your organization
exchange (PBX) capabilities. • Cost Efficient: Fully featured call processing solution is available on the CallTower Hosted solution which are simple to deploy, administer, and maintain in a private cloud environment. • Increase Productivity: CallTower provides your staff with call control, location and status of their team members. Remote access through the cloud. • User-Specified Call Handling: Your staff will have the ability to take advantage of a single number by routing incoming calls to mobile or other phones based on rules. • Easy to Install – Easier to Maintain: With CallTower’s calltower:connect, your organization will have a web based portal interface that makes moves, adds, and changes simple.
Connect Your Business To:
• Strong ROI: CallTower’s Hosted Cisco Solutions offer protection for your investment. Supporting a wide range of users from one to thousands. CallTower enables planned migration strategies in support of future growth.
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Choose CallTower and Stay Connected. Stay Ahead.
May 18, 2015
• Hosted Cisco Call Manager • Microsoft Lync 2013 • LiveOps & ComputerTalk Contact Center • International Expansion • Sharepoint, Exchange, and much more!
Item 10
ATTACHMENT E
Why CallTower For Hosted Cisco Solutions? Contact Center Choose from two integrated best of breed contact center solutions sold
Remote Solution
and supported by CallTower; LiveOps or ComputerTalk ice. Both are cloud
Stay connected anywhere using our best-of-breed Cisco remote phone
based enterprise contact center solutions unmatched with feature rich
solution. Empower your organization with the benefits of a CallTower
designs.
Remote Voice Service for use in a home office or a small office location using a third party Internet connection. Large or small, organizations can easily and affordably leverage feature rich communications service to teleworkers and small office employees normally reserved for large
Reliability You can rely on CallTower Hosted Cisco Solutions. We engineer for high availability which means you can rely on your communications at all times.
enterprises.
CallTower offers complete Cisco solutions with Cisco multi redundant
CallTower’s remote solution is unmatched for delivering:
(QoS) along with fail over services to ensure your organization the highest
switches and best of breed circuits with guaranteed Quality of Service
• Reliability
up time possible.
• Low Implementation and Recurring Costs
Superior Implementations
• Rapid Deployment
Professional Implementation – Count on a seamless implementation and
• Scalability
setup of Hosted Cisco Solutions as a standalone offering or integrated with
• Control and Flexibility
Lync 2013. Our professional experts have deployed thousands of users and will ensure your success with a personal, dedicated project manager.
Office Extensions Each person within your organization can have their own phone extension
World Class Support
or a shared line. Features include:
Need help? No matter where you are in the world or whatever your hosted
• Local Telephone Numbers with 911 Service
Cisco needs are, CallTower 24x7x365 Support Department is available.
• Inbound/Outbound Dialing
CallTower employ’s proven experienced support staff available via phone,
• Basic and Premium Voice to Text/Email Transcription
email and chat.
• Find Me, Follow Me Service
International
• Call Forwarding • Call Forking
CallTower leverages its world wide network to provide Lync with localized numbers from 52 countries. CallTower has expanded its reach internationally. Now customers can leverage all of the CallTower services, such as, Lync with voice, external exchange integration and Contact Center solutions to provide localized services for their growing customer base. These countries include: China, Australia, United Kingdom, Brazil and more.
Contact Us CallTower Sales Department Phone: 866-586-5900 Email:
[email protected]
www.calltower.com 26
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City of Del Mar Staff Report TO:
Honorable Mayor and City Council Members
FROM:
Kathleen Garcia, Planning and Community Development Director Via Scott W. Huth, City Manager By Joseph Smith, AICP, Senior Planner
DATE:
May 18, 2015
SUBJECT:
Acceptance of a Grant Award from the California Coastal Commission and Authorize the City Manager to Execute the Grant Agreement between the California Coastal Commission and the City of Del Mar
REQUESTED ACTION/RECOMMENDATION: Accept the grant award and authorize the City Manager to execute the Grant Agreement (Attachment A). DISCUSSION/ANALYSIS: On June 2, 2014, the City Council adopted Resolution 2014-35 authorizing the filing of an application with the Ocean Protection Council (OPC) for $100,000 in Sea-Level Rise (SLR) Planning Grant Program Funds, accepting of the terms of the grant agreement, and, if awarded, to include in the Proposed Fiscal Years 2015-2016 and 2016-2017 Operating and Capital Budget to appropriate up to $100,000 in matching funds and inkind services from the City’s General Fund. On December 2, 2014, OPC awarded the City a $100,000 grant to incorporate strategies to address SLR in the City’s certified Local Coastal Program (LCP).1 However, pursuant to an agreement between OPC and the California Coastal Commission (CCC), the CCC has been designated as the administering body for the grant. To authorize acceptance of the grant award, the City is required to execute a Grant Agreement with the CCC (Attachment A).
1
Due to the scheduled timing of the work program to be funded by the $100,000 grant, an amendment to the Fiscal Years 2013-2014 and 2014-2015 Operating and Capital Budget (as reflected in Council Resolution 2014-35) will not be necessary and instead will be incorporated into the Proposed FY 2015-2016 and 20162017 Operating and Capital Budget. _______________________________________________________________________________________________
City Council Action:
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City Council Staff Report Grant Acceptance and Agreement for Sea-Level Rise May 18, 2015 Page 2 of 4 The grant will be used to incorporate strategies to address in the City’s LCP. These strategies will be designed on the principles of shoreline Accommodation, Protection, and Retreat as identified in an Adaptation Plan. Through rigorous analysis of SLR scenarios, vulnerability and risk assessments, and extensive community input, the Adaptation Plan would be integrated into the City’s LCP as part of an LCP Amendment (LCPA). The Plan would serve as the City’s long-range planning guide to manage the City’s shoreline and low-lying areas with respect to SLR and coastal-flooding impacts. Several areas of the City are vulnerable to the effects of these hazards, including: 1) San Dieguito Lagoon State Marine Conservation Area (SMCA) and bordering tidelands; 2) beachfront, beach-area and bluff-top residences; 3) City infrastructure including roads, bridges, storm drains, wastewater and utility systems; 4) Commercial development on Ocean Boulevard and in the North Commercial Zone; 5) Del Mar Racetrack and Fairgrounds; 6) North Beach and the coastal bluff at north City limit; 7) Public beach from 29th Street south to Powerhouse Park; 8) Public beach from Powerhouse Park to south City limit, including the flanking 1.5-mile coastal bluff and rail corridor; 9) Various public access points to the coast; and 10) the Crest to Coast Trail, including the Lagoon Boardwalk and RiverPath Del Mar. These areas would comprise the “Planning Area”. The LCPA is anticipated to add a new chapter to the LCP Implementing Ordinances (IO) specific to SLR with modifications to existing IO provisions, LCP Land Use Plan (LUP) policies, and boundaries of applicable Overlay Zones and the Post-LCP Permit and Appeal Jurisdiction Map. Corollary amendments to the City’s Community Plan and the Del Mar Municipal Code (DMMC) may also be required. The formation of an LCPA is anticipated to occur over a two-year period, within the timeframe required by the grant. The LCPA commenced on April 7, 2015 with the issuance of a Request for Proposal (RFP) and will end on April 30, 2017 with the submittal of an LCPA to the CCC for review and certification. As part of the LCPA process, technical studies to be prepared by the consultant will include a Vulnerability Assessment, Risk Assessment, and Adaptation Plan. In addition, the creation of a hydrodynamic model of the Planning Area will also be required to provide an accurate picture of the future floodplain based on SLR scenarios. An important component of the LCPA is to complete a comprehensive evaluation, with extensive public input, of the long-term effects of SLR and coastal-flooding. This evaluation would also include the related effects of storm surge, erosion, and sediment management in the Planning Area. The City would also complete a comprehensive assessment of existing conditions, evaluate their level of vulnerability and risk, and prepare adaptation strategies over a 20, 50 and 100-year planning horizon. However, absent a comprehensive review of these issues, future development within the Planning Area would continue to evaluate these impacts with on a case-by-case, piecemeal approach with limited guidance provided by the City.
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City Council Staff Report Grant Acceptance and Agreement for Sea-Level Rise May 18, 2015 Page 3 of 4 Technical studies and hydrodynamic modeling to be completed as part of this effort would be a valuable asset to the City when planning for future Capital Improvement Projects in vulnerable areas, including upgrading systems facilitating stormwater, wastewater, potable water, and roads and bridges. Further, this information would also be made available to the public and could be used to assist with planning private development projects within identified vulnerable areas. For example, the results of the hydrodynamic modeling could be used by a homeowner to determine a safe elevation to site a future home. The information would also be useful for identifying alternatives to maintaining sand supply on the City’s beaches and preserving the fragile ecosystems in the San Dieguito Lagoon SMCA. A benchmark schedule of the LCPA is projected as follows: LCPA BENCHMARK SCHEDULE (2015 TO 2017) Action Completion Date Project Commencement – RFP; STAC; Consultant September 30, 2015 Prepare Gaps Analysis September 30, 2015 Define the Planning Area December 4, 2015 Community/Stakeholder Meetings: December 11, 2015 Planning Area/Assessments Prepare Vulnerability and Risk Assessments March 14, 2016 Community/Stakeholder Meetings: April 15, 2016 Assessments Determine SLR Strategies and Develop Adaptation July 29, 2016 Plan Community/Stakeholder Meetings: August 21, 2016 Adaptation Plan Draft LCP Amendment Package October 28, 2016 Planning Commission Hearing January 13, 2017 City Council Hearing April 3, 2017 CCC LCPA Submittal April 30, 2017 CCC Certification Hearing TBD FISCAL IMPACT: An estimated $200,000 is anticipated as the necessary funding to prepare the LCPA including all necessary studies and SLR modeling, of which $100,000 would be provided in CCC grant funding. The remaining $100,000 would be provided as a combination of $77,794 in matching funds from the City’s General Fund and $22,206 in in-kind services from City staff. Managing the LCPA would require approximately three to five hours of staff time per week over the course of two years, with the bulk of the work facilitated by a consultant.
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City Council Staff Report Grant Acceptance and Agreement for Sea-Level Rise May 18, 2015 Page 4 of 4 PRIOR CITY COUNCIL REVIEW: On June 2, 2014, the City Council adopted Resolution 2014-35 authorizing the filing of an application with the OPC for $100,000 in SLR Planning Grant Program Funds, accepting of the terms of the grant agreement, and, if awarded, to amend the Operating and Capital Budget to appropriate up to $100,000 in matching funds and in-kind services from the City’s General Fund. On March 2, 2015, the City Council authorized the City Manager to issue a Request for Proposal (RFP) to solicit a consultant to prepare an LCPA to address SLR and coastal flooding impacts. The Council also adopted Resolution 2015-10 to establish the SeaLevel Rise Stakeholder-Technical Advisory Committee (STAC) to provide assistance throughout the LCPA process, and appointed two Council Liaisons to the Committee (Councilmembers Mosier and Worden). ATTACHMENT: Attachment A – Grant Agreement
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ATTACHMENT A
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CALIFORNIA COASTAL COMMISSION
STANDARD GRANT AGREEMENT
ATTACHMENT A
(Rev 03/15)
AGREEMENT NUMBER
LCP-14-13 FEDERAL ID NUMBER
95-6006231 1. This Agreement is entered into between the State Agency and the Grantee named below: STATE AGENCY'S NAME
California Coastal Commission GRANTEE'S NAME
City of Del Mar 2.
The term of this Agreement is:
4/16/2015
3. The maximum amount of this Agreement is:
through
4/30/2017 (the “Termination Date”)
$100,00.00 1 One Hundred Thousand Dollars and No Cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A – Definitions
3 pages
Exhibit B – Scope of Work
22 pages
Exhibit C – Budget Detail and Payment Provisions Exhibit D* – General Terms and Conditions Check mark one item below as Exhibit E: Exhibit E - Special Terms and Conditions Exhibit F – Amendments Template
3 pages GTC 610 9 pages 1 page
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. California Department of General Services Use Only
GRANTEE GRANTEE’S NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of Del Mar DATE SIGNED(Do not type)
BY (Authorized Signature)
I, the Chief Deputy Director of the California Coastal Commission, certify that this agreement is exempt from Department of General Services’ approval.
PRINTED NAME AND TITLE OF PERSON SIGNING
Scott Huth, City Manager ADDRESS
1050 Camino del Mar Del Mar, CA 92014 STATE OF CALIFORNIA AGENCY NAME
California Coastal Commission DATE SIGNED(Do not type)
BY (Authorized Signature)
PRINTED NAME AND TITLE OF PERSON SIGNING
Susan M. Hansch, Chief Deputy Director ADDRESS
45 Fremont Street, Suite 2000, San Francisco, CA 94105
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6 $100,000 OPC Reimbursement
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City Of Del Mar LCP-14-13 Page 1 of 3 EXHIBIT A DEFINITIONS 1. The term “Agreement” means this Grant Agreement. 2. The term “Benchmark” means specific tasks or project deliverables identified in the Project Work Plan as approved by the Commission. 3. The term “Budget Act” means the annual enacted version of the Budget Bill which makes appropriations for the support of the government of the State of California. 4. The term “Chief Deputy Director” means the Chief Deputy Director of the Commission. 5. The term “Commission” refers to the California Coastal Commission. 6.
The term “Executive Director” means the Executive Director of the Commission.
7.
The term “General Terms and Conditions” refers to terms contained in GTC-610 effective as of 6/9/2010 which may be viewed at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.
8. The term “Grant” or “Grant Funds” means the money provided by the Commission and Ocean Protection Council (“OPC”) to the Grantee pursuant to this Agreement. 9. The term "Grantee" means an applicant who has a signed agreement for Grant Funds. 10. The term “Grant Manager” means the representative of the Commission given authorization by the Executive Director to administer and provide oversight of the Grant. 11. The term “LCP” refers to Local Coastal Program. 12. The term “Local Coastal Program Local Assistance Grant Program” refers to the Coastal Commission’s grant program to support local governments in planning for sea level rise and climate change, and developing new or updating existing Local Coastal Programs (LCP), consistent with the California Coastal Act. 13. The term “Materials” means all data, plans, drawings, specifications, surveys, studies, and other written or graphic work produced in the performance of this Agreement. 14. The term “OPC” refers to Ocean Protection Council. 15. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the Project beyond the Grant Funds provided by this Agreement. 7
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City Of Del Mar LCP-14-13 Page 2 of 3 EXHIBIT A 16. The term “Pooled Money Investment Account” (PMIA) refers to the account through which the State Treasurer invests taxpayers’ money to manage the State’s cash flow and strengthen the financial security of local governmental entities. The rate of interest earned on the Pooled Money Investment Account serves as a benchmark for setting interest rates in several provisions of state law, and is the rate that is used for purposes of this Agreement.2 The current rate is available: http://www.treasurer.ca.gov/pmia-laif/pmib-program.asp. 17. The term "Project" means the activity described under the Scope of Work, attached as Exhibit B1, to be accomplished with Grant Funds. 18. The term “Project Budget” means the Commission approved cost estimate submitted to the Grant Manager as part of the Work Program. The Project Budget shall describe all labor and materials costs of completing each component of the Project. The Project Budget may contain either itemized amounts, or ranges permissible for each item or task described in Project Scope and Work Plan. The Project Budget must include the set administrative and indirect costs agreed upon by the Parties if applicable. For each project component, the Project Budget shall list all intended funding sources including the Commission’s grant and all other sources of monies, materials or labor. 19. The term “Public Agency” means any State of California department or agency, a county, city, public district or public agency formed under California law. 20. The term “Request for Funds Form” or “RFF Form” means the form that will be submitted requesting payment and which is described in Exhibit C hereto. 21. The term “Scope of Work” refers to Exhibit B, including the approved Work Plan, Project Schedule, and Project Budget. 22. The term “Draft Sea Level Rise Guidance” refers to the Coastal Commission’s draft sea level rise guidance document released for public review in October 2013. The document provides an overview of best available science on sea level rise for California and recommended steps for addressing sea level rise in Coastal Commission planning and regulatory actions under the Coastal Act. 23. The term “Final Guidance” refers to the Sea Level Rise Guidance document once adopted by the Commission. 24. The term “Termination Date” means the date by which all activity for the project must be concluded and all invoices and other reporting requirements must be complete, as specified in the signature page of this Agreement. Work performed after this date cannot be reimbursed.
2
Umbach and Moller 2001. Available: http://www.umbachconsulting.com/discussion/CaShortTerm.pdf. Accessed 19 September 2014.
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City Of Del Mar LCP-14-13 Page 3 of 3 EXHIBIT A 25. The term “Work Plan” means the description of tasks and related work to be accomplished by the Project.
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City Of Del Mar LCP-14-13 Page 1 of 22 EXHIBIT B SCOPE OF WORK 1. Grantee agrees to provide to the Commission project activities as described under the Scope of Work, attached hereto as Exhibit B1. 2. The Project representatives during the term of this agreement will be: State Agency: California Coastal Commission Name: Hilary Papendick, Statewide LCP Grant Manager (“Grant Manager”) Address: 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 Phone: (415) 904-5294 Fax: (415) 904-5400
Grantee: City of Del Mar Name: Scott Huth, City Manager Address: 1050 Camino del Mar Del Mar, CA 92014 Phone: 858-755-9313 Fax: 858-755-2794
3. Direct all inquiries to: State Agency: California Coastal Commission Section/Unit: Name: Hilary Papendick, Statewide LCP Grant Manager (“Grant Manager”) Address: 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 Phone: (415) 904-5294 Fax: (415) 904-5400
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Grantee City of Del Mar Section/Unit: Name: Joseph Smith, AICP, Associate Planner (“Planning Manager”) Address: 1050 Camino del Mar Del Mar, CA 92014 Phone: 858-755-9313 Fax: 858-755-2794
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City Of Del Mar LCP-14-13 Page 2 of 22 EXHIBIT B1 Project Work Plan, Schedule, and Budget Title:
Local Coastal Program Amendment to Address Sea Level Rise
Organization:
City of Del Mar, Planning and Community Development Department
Budget Summary: OPC Grant Funds: City of Del Mar General Fund City of Del Mar In-kind services Total project cost: Term of Project:
$100,000 $77,794 $22,206 $200,000
April 16, 2015 to April 30, 2017
A. PROJECT DESCRIPTION The City of Del Mar Local Coastal Program Amendment (LCPA) will develop and incorporate retreat, protection, and accommodation strategies into its certified LCP. The LCPA will be targeted specifically on addressing sea level rise (SLR) and coastal flooding impacts to its most vulnerable coastal resources, visitor-serving amenities, and residences. In particular, vulnerable areas include the following: 1) San Dieguito Lagoon State Marine Conservation Area (SMCA) and bordering tidelands; 2) Northern limit of the Los Peñasquitos Lagoon; 3) Del Mar Racetrack and Fairgrounds; 4) North Beach and coastal bluff at north City limit; 5) Public beach from 29th Street south to Powerhouse Park; 6) Public beach from Powerhouse Park to south City limit, including the flanking 1.5-mile coastal bluff and rail corridor; 7) Various public access points to the coast; and 8) Crest to Coast Trail, including the Lagoon Boardwalk and RiverPath Del Mar segments. The LCPA is anticipated to add a new chapter to the LCP Implementing Ordinances (IO) specific to SLR with modifications to existing IO provisions, LCP Land Use Plan (LUP) policies, and boundaries of applicable Overlay Zones and the Post-LCP Permit and Appeal Jurisdiction Map. Corollary amendment to the City’s Community (General) Plan and the Del Mar Municipal Code (DMMC) may also be required to ensure the Community (General) Plan and Municipal Code is consistent with the proposed LCPA. Technical studies will include the preparation of a Vulnerability Assessment, Risk Assessment, and Adaptation Plan. Review pursuant to the California Environmental Quality Act (CEQA) is not anticipated pursuant to Public Resources Code Section 21080.9 which exempts local governments from activities and approvals that are necessary for the preparation and adoption of an LCPA. The City will submit all grant deliverables to the California Coastal Commission (CCC) San Diego Coast District Office and the CCC’s grant coordinator. For reports and the LCPA, the City will discuss an outline or scope of work with CCC San Diego staff before commencing work, and will share drafts of reports with CCC San Diego staff for review before finalizing. The City will work with the CCC to update work products based on an iterative exchange of comments. 11 May 18, 2015 Item 11
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City Of Del Mar LCP-14-13 Page 3 of 22 EXHIBIT B1 The Work Program has four main objectives: Objective 1: Understand the degree of vulnerability posed to Del Mar’s beaches, lagoons, bluffs, visitor-serving amenities, and residences by examining the magnitude of risks and sensitivities associated with SLR and coastal flooding. A Vulnerability Assessment will be prepared in early 2016 using the best available science on SLR, which examines historical erosion and storm data, and creates a model of the current and projected Mean High Tide Line (MHTL). This assessment will serve as the foundation for the Update and necessary technical studies. Objective 2: Evaluate how expected sea level rise impacts will affect California Coastal Act resources, people, development, infrastructure, and natural resources located in areas vulnerable to sea level rise. A Risk Assessment will be prepared in early 2016 and will prioritize areas to target with sea level rise strategies as part of an Adaptation Plan. Objective 3: Create an Adaptation Plan that identifies effective shoreline Accommodation, Protection and Retreat strategies through rigorous analysis of sea level rise and community/stakeholder input. The Plan will prioritize adaptation strategies based on ability to protect coastal resources and to implement Safeguarding California: Reducing Climate Risk principles (see Task 3.1). Once designed in mid-2016, the Adaptation Plan will be integrated into the LCP and will serve as the City’s long-range planning guide for SLR management. Objective 4: Consolidate the findings from the prior three objectives into an updated LCPA that would include land use policies and implementation measures related to SLR and coastal flooding impacts. B.
TASK DESCRIPTION
TASK 1:
PROJECT COMMENCEMENT
Task 1.1
Issue a Request for Proposal
The City will issue a Request for Proposal (RFP) for a 43-day review period to obtain bids from consultants experienced in SLR analysis and technical assessments. Deliverables Confirmation of RFP posting
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City Of Del Mar LCP-14-13 Page 4 of 22 EXHIBIT B1 Task 1.2
Establish a Stakeholder-Technical Advisory Committee
The City will also establish the selection framework for a SLR Stakeholder-Technical Advisory Committee (STAC) to assist the City throughout the LCPA process. The STAC will be comprised of several stakeholders in SLR issues. Examples may include any of the following: 1) those who could be directly impacted by sea level rise, including property owners of beachfront and bluff-top parcels and users of City beaches and trails; 2) those with a broader interest in coastal resources including citizen groups, non-profits, and regional organizations; 3) those with technical expertise in sea level rise, dynamic modeling, and coastal engineering, including researchers and practitioners; 4) a biologist experienced in wetland preservation and restoration; 5) a representative from the 22nd District Agricultural Association and/or the North County Transit District; and 6) members from the City advisory committees (e.g., San Dieguito Lagoon Committee, Parks & Recreation Committee, and/or Sustainability Advisory Board). Deliverables Initial STAC roster with a preliminary meeting schedule Task 1.3
Consultant Selection
The City and its appointed members will review RFP bids, conduct interviews, and select a consultant to assist in sea level rise analysis and technical assessments. The selection will be presented to the City Council at a public hearing and a contract award will be authorized. Deliverables Executed consultant contract Summary of consultant RFPs received and interviewed Task 1.4
Prepare the Public Involvement Process
The City, with STAC input, will prepare a program and schedule for community meetings and stakeholder outreach to engage the broader public throughout the process. Community meetings will be coordinated in relation to each of the project benchmarks in order to assist the City in defining the Planning Area, identifying potential vulnerabilities and risks, developing implementation strategies and policies, and evaluating the feasibility and costs associated with those strategies and policies. Additional stakeholder outreach will be conducted, including polling and/or citywide surveys, to encourage additional input throughout the process. As part of the outreach efforts, at minimum, in addition to CCC staff, the following groups will be invited to participate in the project: 1) Del Mar residents, businesses, and interest groups, especially those in the Planning Area; 2) Cities of Solana Beach, Encinitas, Carlsbad, and the City and County of San Diego; 3) The San Diego Foundation; 4) Surfrider Foundation, San Diego Chapter; 5) San Diego Coastkeeper; 6) San Dieguito River Valley Joint Powers Authority; 7) San Dieguito River Valley Conservancy; 8) Friends of San 13
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City Of Del Mar LCP-14-13 Page 5 of 22 EXHIBIT B1 Dieguito River Valley; 9) Sierra Club, San Diego Chapter; 10) Scripps Institute of Oceanography, School of Marine Sciences; 11) Climate Collaborative Network; 12) San Diego County Supervisor, District 3; 13) State Assembly Member, District 78; and 14) State Senator, District 39. Task 1.5
Regional Coordination
Additionally, the City will coordinate and share information and lessons learned as appropriate with other LCP planning grant recipients, regional local governments, and other entities, as appropriate. The City will hold regular coordination meetings (phone or in-person) with CCC San Diego staff on a monthly basis, or as needed, throughout the duration of the project. Deliverables Outreach program Schedule for community meetings TASK 2:
ASSESSMENT PREPARATION
Task 2.1 Gaps
Compile Data and Existing Analyses, Determine Data and Information
Prior to initiating Tasks 2.2, 2.4 and 2.5, the City will complete an analysis to assess all existing data and information available, including the documents identified in Task 2.4, and will identify data and information gaps. Deliverable Gaps analysis Task 2.2
Define the Planning Area
Conduct an extensive refinement of the preliminary Planning Area boundaries included in the grant request. The City will coordinate with the CCC’s Mapping Unit on the development of maps, including maps of the Coastal Zone, Coastal Appeal Zone, and other maps as required by the Coastal Act. The following activities are anticipated to be components of this Task: 1. Create a detailed hydrodynamic model of the Planning Area to provide an accurate picture of the future floodplain based on SLR scenarios. 2. Expand beyond the baseline data provided by the Federal Emergency Management Agency (FEMA) and National Oceanic and Atmospheric Administration (NOAA) to include the following: a. Coastal Storm Modeling System (CoSMoS) information, including CoSMoS 3.0 once it is made available in late 2015 b. Both coastal and river flood scenarios as an example for aggregating coastal and river flooding 14
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City Of Del Mar LCP-14-13 Page 6 of 22 EXHIBIT B1 c. d. e. f.
Historical shoreline and bluff positions and coastal armoring Wave and tide profiles Climate change data to determine baseflow and future run-off projections A range of SLR projections for 2030, 2060, and 2100 including low and high values for each time period g. Culvert outfall and surface discharge points h. Backshore characterization (dune, inlet, cliff, and armoring) and geology i. Potential erosion impacts of a large storm wave event j. Shoreline, bluff, and river sedimentation k. Wave modeling and run-up calculations 3. Establish planning horizons for years 2030, 2060 and 2100. Deliverables Geographic Information System (GIS) layers outlining the Planning Area as a whole, by site type, and specific sites for use Task 2.3
STAC and Community/Stakeholder Meetings – Planning Area and Assessments
Facilitate STAC and community/stakeholder meeting(s) to obtain input on Planning Area refinement and proposed methodologies for SLR modeling. Provide an introduction into the next task that will evaluate vulnerabilities and risks associated with SLR and obtain input. Deliverables STAC and community meeting reports Stakeholder outreach reports Task 2.4
Vulnerability Assessment Preparation
The Vulnerability Assessment (VA) serves as part of the underlying foundation for the Adaptation Plan (Task 3) and the LCPA overall. Specifically, the VA will provide an understanding of the degree of vulnerability posed to the City’s beaches, lagoons, bluffs, visitor-serving amenities, public access areas, residential/commercial, and infrastructure by examining the magnitude of risks and sensitivities associated with SLR and coastal flooding, and the combination of SLR and storms or extreme high water events. In addition, the VA will examine historical erosion and storm data along the City’s coastline, and the results of the hydrodynamic model of the Planning Area created in Task 2.2. Several studies and projections have been completed in the region that includes information and data on SLR. To the maximum extent feasible, the VA will include the existing data and analyses from the following studies and projections: 1. Coastal Storm Modeling System (CoSMoS): Southern California 1.0, including CoSMoS Southern California 3.0 once it is made available in late 2015 15
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City Of Del Mar LCP-14-13 Page 7 of 22 EXHIBIT B1 http://cosmos.deltares.nl/SoCalCoastalHazards/index.html. CoSMoS 1.0 was initially developed and tested for the Southern California coast in collaboration with Deltares. The Southern California 1.0 study area extends 470 kilometers from Pt. Conception, California, south to the Mexican border and includes microtidal basins but has few significant inlets or narrow straits that would focus tidal currents in the nearshore. The coastline is highly variable in terms of its orientation (west to south facing), morphology (rocky to wide, flat beaches), structures (seawalls, jetties, groins, breakwaters, and so on), exposure (open to significant island sheltering), and backbeach development (for example, rural coast to urban beach front). CoSMoS 1.0 will be used to assess coastal vulnerability within the region. CoSMoS 3.0 is currently in development and is anticipated for completion in Fall 2015. Funding for the updated study has been provided from the California Coastal Conservancy with additional support from local jurisdictions, and features top coastal and climate scientists from Scripps Institution of Oceanography, Oregon State University, the private sector, and USGS. As part of CoSMoS 3.0, model enhancements for Southern California will include the following elements to be used to assess coastal vulnerability in the region.
Long-term coastal evolution modeled, including sandy beaches and cliffs Downscaled winds from Global Climate Models (GCMs) for locally generated seas and surge Discharge from rivers for event response and long-term sediment supply An improved baseline-elevation Digital Elevation Model (DEM) developed by the California Coastal Conservancy and the National Oceanic and Atmospheric Administration (NOAA) that incorporates the most recent bathymetric and topographic surveys available
2. Coastal Data Information Program at Scripps Institution of Oceanography http://cdip.ucsd.edu/ The Coastal Data Information Program (CDIP) at Scripps Institute of Oceanography (SIO) is a valuable, local resource for obtaining environmental data on a number of wave and beach conditions. As part of the LCPA, this source would be used to research historical trends of wave and beach profile information monitored by CDIP since 1975. Additional sources will include the Focus 2050 Study that was created in large part by SIO in 2008. The Study assessed SLR in six low-lying areas in San Diego County and is one of first comprehensive regional assessment of climate change impacts to San Diego County. The range of impacts presented in the Study (which includes SLR as one such impact) are based on projections of climate change using three climate models and two emissions scenarios drawn from those used by the Intergovernmental Panel on Climate Change (IPCC). As part of the LCPA, the models and scenarios utilized in the study would be used to help determine comparable effects of SLR and coastal flooding impacts in the City, respectively. 16
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City Of Del Mar LCP-14-13 Page 8 of 22 EXHIBIT B1 3. CCC Draft Sea Level Rise Policy Guidance http://www.coastal.ca.gov/climate/slrguidance.html The City will use the best available science on SLR, the CCC’s Draft Sea Level Rise Guidance document, and the Final Sea Level Rise Guidance Document, once adopted by the CCC, to inform the LCP update. It will be a fundamental component of the design methodologies considered for use in planning and regulating development at risk of SLR impacts. The Guidance provides techniques for assessing SLR vulnerability, and strategies for reducing risks from SLR. The Guidance contains guiding principles for addressing SLR in California’s Coastal Zone; a discussion of the best available science on SLR; and step-by-step guidance for addressing SLR in LCPs and the Coastal Development Permit process, the two fundamental land use planning and regulatory mechanisms established by the California Coastal Act. The Guidance will assist in the preparation of the LCPA and in addressing SLR in future coastal development permits issued by the City. 4. Sea level rise projection analysis in the San Diego Bay Sea Level Rise Strategy prepared by ICLEI-Local Governments for Sustainability USA, with the support of the San Diego Foundation http://www.icleiusa.org/climate_and_energy/Climate_Adaptation_Guidance/sandiego-bay-sea-level-rise-adaptation-strategy-1 The San Diego Bay Sea Level Rise Strategy was completed in January 2012 through a collaborative effort by the San Diego Unified Port District, the San Diego County Regional Airport Authority, and five bay front cities including San Diego, National City, Chula Vista, Imperial Beach, and Coronado. The Strategy is a useful source of information for the LCPA since it provides an initial framework of organizing stakeholder engagement and guiding principles to utilize during the course of the process. The Strategy consists of a VA that evaluates how community assets could be impacted by SLR; and a Recommendations Section to build in resilience of those community assets. The Strategy would be used as a reference document in developing its VA and Adaptation Plan. Even though the Strategy was targeted on jurisdictions surrounding San Diego Bay, the Strategy will provide valuable guidance on assessing vulnerabilities typical of those in the San Diego region. These include ecosystems and critical species, stormwater management and wastewater, potable water, local transportation facilities, building stock, emergency response facilities, parks and recreation areas, and public access. The Strategy provides some historical data for SLR analysis in San Diego Bay between 1910 and 2010, and projected sea level change by 2050 and 2100, which would be considered as part of the City’s analysis. The Strategy further illustrates SLR management practices that were identified by the participating jurisdictions for implementation, including hard defense, soft defense, accommodation, and withdrawal.
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City Of Del Mar LCP-14-13 Page 9 of 22 EXHIBIT B1 5. Sea level rise projection and mitigation analysis in the San Diego County Hazard Mitigation Plan Update http://www.sandiegocounty.gov/oes/emergency_management/oes_jl_mitplan.html The Multi-jurisdictional Hazard Mitigation Plan is a countywide plan that identifies risks and ways to minimize damage caused by natural and manmade disasters (of which coastal storm/erosion is included). The Plan covers 20 beachfront and nonbeachfront jurisdictions, and provides tools for enhancing public awareness and improving inter-jurisdictional coordination, and gives a methodology for promoting compliance with hazard regulations. The Plan was last revised in 2010 and is currently undergoing another review to reflect changes in hazards threatening San Diego, as well as the programs in place to minimize or eliminate those hazards. The Plan would be used as a reference document in developing the Risk Assessment as it provides some preliminary data on potential hazard-related exposure and loss in the City including exposed population, residential and commercial buildings, and critical facilities based on projections provided by FEMA, the National Inventory of Dams, and the University of Southern California on coastal storm/erosion, dam failure, 100- and 500- year flooding, and tsunami. The Plan also provides general goals, objectives, and actions to assist in achieving the City’s hazard mitigation goals. 6. Bridge assessment analysis from the San Diego Double Track Project for the replacement of the Camino del Mar pedestrian and vehicle bridge, and the railroad trestle bridge crossing the inlet to the San Dieguito Lagoon http://www.keepsandiegomoving.com/Lossan/lossan_san_dieguito_double_track.a spx Over the next 20 years, the San Diego Association of Governments (SANDAG) plans to construct approximately $1 billion in improvements in the 60-mile San Diego segment of the 351-mile Los Angeles-San Diego-San Luis Obispo (LOSSAN) rail corridor, including a primary effort to double-track the corridor from Orange County to downtown San Diego. Specific to the City, this project would result in the replacement of a 100-year-old, wooden trestle train bridge over the San Dieguito River Bridge, add a mile of second mainline rail track from Solana Beach to Del Mar, and construct a special events platform at the Del Mar Fairgrounds for North County Transit District (NCTD) Coaster and Amtrak Pacific Surfliner trains. The new bridge and tracks would be elevated above the 100-year floodplain. In addition, a second project is under consideration to replace the existing Camino del Mar vehicle and pedestrian bridge over the San Dieguito River. The relevant material contained in the technical and environmental analysis being prepared by SANDAG (estimated completion date in early 2015) would be used to assist in the City’s VA and Risk Assessment, as well as Adaptation Planning methodologies. 7. Shoreline preservation strategies, storm-related flooding analysis and coastal modeling within the San Dieguito River Valley http://www.sandag.org/index.asp?subclassid=32&fuseaction=home.subclasshome 18
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City Of Del Mar LCP-14-13 Page 10 of 22 EXHIBIT B1 SANDAG has prepared several resources as part of its regional shoreline monitoring program and sand replenishment programs for several beaches between Oceanside and Imperial Beach, of which Del Mar’s North Beach area is included. As part of its shoreline monitoring program, SANDAG has measured the changes in beach width overtime, documents the benefits of sand replenishment projects and helps to improve the design and effectiveness of beach fills. Collectively, this information would be used to help determine comparable effects of SLR and coastal flooding impacts in the City, respectively, and provide guidance on preparation of the VA and Adaptation Plan.
Regional Shoreline Monitoring Program, beach profile data, yearly monitoring reports, and information on the 2001 and 2012 Regional Beach Sand Project is available at: http://www.sandag.org/index.asp?classid=17&subclassid=32&projectid=298&fu seaction=projects.detail
SANDAG’s Shoreline Preservation Strategy for the San Diego Region, July 1993 is available at: http://www.sandag.org/uploads/publicationid/publicationid_1256_5880.pdf
8. SLR analysis included in the preliminary bridge assessments/optimizations for both the Interstate 5 (I-5) and the rail corridors were conducted as a part of the North County Corridor (NCC) Public Works Plan/Transportation and Resource Enhancement Program (PWP/TREP) http://www.keepsandiegomoving.com/North-Coast-Corridor/North-CoastPWP.aspx 9. Long-term beach profile monitoring data completed by Southern California Edison (SCE) in association with the San Dieguito Wetlands Restoration Project http://coastalenvironments.com/reports/ The following activities are anticipated to be components of this Task: 1. Identify site-specific areas (“sites”) to analyze impacts resulting from SLR, including beaches, lagoons, bluffs, visitor-serving amenities, residential/commercial, and infrastructure. 2. Evaluate SLR and flooding impacts to public access to and along the shoreline. 3. Utilize modeling data to examine the magnitude of SLR impacts to the sites. 4. Create a vulnerability matrix to identify the various sites’ relative vulnerability to SLR impacts, based on the following components: a. Exposure b. Sensitivity to SLR impacts c. Adaptive capacity 19
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City Of Del Mar LCP-14-13 Page 11 of 22 EXHIBIT B1 5. Expand detail on the current vulnerability of sites, including: a. Identify the sites’ vulnerabilities to existing stressors b. Identify existing conditions that affect the stressors 6. Estimate the following future resource conditions: a. Projected change in conditions with associated time periods b. Projected impacts to conditions [without adaptation actions] c. Projected changes in existing stressors d. New stressors resulting from changed conditions 7. Estimate the following future vulnerabilities: a. Estimate sites’ sensitivities to SLR change b. Estimate sites’ resiliency to SLR change 8. Analyze the following: a. Sites’ current ability to accommodate SLR change b. Barriers to the sites’ ability to accommodate SLR change c. Existing stressors that affect the sites in ways that will limit the ability to accommodate SLR change d. Rate of projected change compared to the rate of site adaptability e. Current efforts to address SLR impacts 9. Produce a ranking system against a range of SLR scenarios for the 2030, 2060 and 2100 planning horizons to assess and prioritize the vulnerability of the Planning Area as a whole, by site type, and by specific site. Deliverables Vulnerability Assessment draft GIS layers for identified hazard zones Task 2.5
Risk Assessment Preparation
The Risk Assessment (RA) will evaluate how expected sea level rise impacts will affect people, development, infrastructure, and natural resources located in areas vulnerable to sea level rise. In addition, the RA will prioritize areas to target with SLR strategies as part of an Adaptation Plan (Task 3). The following activities are anticipated to be components of this Task: 1. Identify the specific hazards creating risks either caused or exacerbated by SLR change. 2. Determine the consequences associated with SLR changes that have the potential to carry environmental, financial, public accessibility, and social costs. 3. Determine risk by assessing the likelihood and relative consequences of identified hazards. 20
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City Of Del Mar LCP-14-13 Page 12 of 22 EXHIBIT B1 4. Prioritize at-risk components in context to other identified risks. 5. Assess risk mitigation that includes the following components: a. Whether or not adaptation is appropriate b. Timing and location to focus adaptation efforts Deliverables Risk Assessment draft Task 2.6
STAC and Community/Stakeholder Meetings – Assessments
Facilitate STAC and community/stakeholder meeting(s) to feedback on the VA and RA, including site locations, vulnerabilities, and risks/hazards. Provide an introduction into the next task that will evaluate vulnerabilities and risks associated with SLR and obtain early input on the development of an Adaptation Plan (Task 3.1). Deliverables STAC and community meeting reports Stakeholder outreach reports TASK 3:
ADAPTATION PLAN DEVELOPMENT
Task 3.1
Determine SLR Strategies and Adaptation Plan Preparation
The Adaptation Plan (AP) will serve as the City’s long-range planning guide for SLR management and will be integrated into the City’s LCP, and will draw from the prior work completed under Tasks 1 and 2. Specifically, the AP will identify and require effective shoreline Accommodation, Protection, and Retreat strategies through a rigorous analysis of SLR and community/stakeholder input. In development of the adaptation strategies, preference will be given to adaptation measures that adhere to the Safeguarding California Plan: Reducing Climate Risk principles (http://resources.ca.gov/docs/climate/Final_Safeguarding_CA_Plan_July_31_2014.pdf), including measures that protect California’s most vulnerable populations, achieve multiple benefits from efforts to reduce climate risks and prioritize green infrastructure solutions, and that integrate climate risk reduction with emissions reductions to the fullest extent possible. As part of the AP preparation, the City will also evaluate additional measures to further reduce the effects of climate change on the environment. This includes a special emphasis on the confluence of the ocean and San Dieguito River, which occurs in the San Dieguito Lagoon, since the by-product of a changing climate is an increase in the MHTL and potential changes in river flow. This will incorporate analysis that has been 21
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City Of Del Mar LCP-14-13 Page 13 of 22 EXHIBIT B1 completed as part of the City’s Greenhouse Gas Inventory and the draft Climate Action Plan, and will utilize its ongoing partnership with the Climate Collaborative Network (CCN), of which the City is an active participating member. Development of long-range planning for SLR and coastal flooding management will include the following activities: 1. Complete a rigorous analysis of the established Planning Area against VA and RA findings incorporating community/stakeholder input. 2. Identify effective shoreline Accommodation, Protection, and Retreat strategies applied to each site type and/or specific site. 3. Assess the ability of adaptation strategies to protect public access to and along the shoreline, scenic views, sensitive habitats, and other coastal resources. 4. Evaluate whether the Beach Overlay Zone and Shoreline Protection Area (LCP IO Chapter 30.50) will be effective in protecting public access in the future from SLR and the combined impact of SLR and coastal flooding. 5. Evaluate whether other accommodation strategies and provisions in the LCP, specifically the Lagoon Overlay Zone (IO Chapter 30.53), Coastal Bluff Overlay Zone (IO Chapter 30.55), Floodplain Overlay Zone (IO Chapter 30.56) will be effective in protecting vulnerable coastal resources from the combined impact of SLR and coastal flooding. 6. Evaluate strategies for climate change adaptation, with an emphasis on potential impacts to the confluence of the ocean and San Dieguito River in the San Dieguito Lagoon with consideration for changing conditions to the (upstream) coastal watershed, sediment transport, and sediment management activities. 7. Evaluate impacts and opportunities for sediment management processes associated with SLR and coastal flooding with respect to beach nourishment, wetland preservation, and water quality improvements. 8. Evaluate strategies against timeframe of risks, cost-benefit considerations, and constraints and/or limitations. 9. Develop operational responses and design strategies for each site type and/or specific site based on identified adaptation strategy. 10. Develop detailed policy guidance for operational responses. 11. Develop detailed design guidelines and protocol for design strategies. 12. Review the LCP for inconsistencies with operational responses and design guidelines and protocol. 22
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 14 of 22 EXHIBIT B1 13. Prepare new GIS layers for adaptation strategies. The City will work with the CCC’s Mapping Unit to develop LCP maps. 14. Draft framework summary for incorporation of LCP amendments. 15. Identify final modifications to the Planning Area, SLR modeling, VA and/or RA, if needed. Deliverables Adaptation Plan draft GIS layer for selected adaptation strategies Draft framework for incorporation into the LCP Final Planning Area GIS layers, if modified Final Vulnerability and/or Risk Assessments, if modified Task 3.2
STAC and Community/Stakeholder Meetings – Adaptation Plan
Facilitate multiple STAC and community/stakeholder meetings to obtain input on SLR adaptation strategies including accommodation, protection, and retreat. Deliverables STAC, community meeting and stakeholder outreach reports TASK 4:
AMENDMENT DRAFTING
Task 4.1
Draft Amendments to the Del Mar LCP
Based on the information completed in Tasks 1, 2 and 3, a formal amendment to the LCP will be drafted. The LCPA is anticipated to add a new chapter to the LCP IO specific to SLR with necessary modifications to existing IO provisions and LUP policies. Specific modifications to the IO and LUP would largely be understood during the preparation of the Adaptation Plan in Task 3.1. Should changes to the LUP be deemed necessary, the City anticipates filing for a consolidated LCPA submittal that includes changes to both the IO and LUP. In addition, modifications may be included to the Overlay Zone maps and the Post-LCP Permit and Appeal Jurisdiction Map in order to reflect existing tidelands and lands below the MHTL, with consideration for delineating future changes to tidelands and MHTL based on SLR and climate change. The CCC mapping unit will make certain maps, including the Post-LCP Permit and Appeal Jurisdiction Map, as required by the Coastal Act. The City will submit the draft LCP documents (text, maps, and/or exhibits) to CCC staff in paper hardcopy as well as an electronic copy in permanent format (such as an Adobe Acrobat .pdf file) and one electronic copy in an editable format (such as in Microsoft Word .doc). Deliverables 23
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 15 of 22 EXHIBIT B1 Draft LCPA Amended Overlay Zone maps Amended Post-LCP Permit and Appeal Jurisdiction Map Task 4.2
Identify and Prepare Corollary Amendments
The DMMC and Community (General) Plan will be evaluated to identify any corresponding sections that would require corollary amendments consistent with the LCPA. Deliverable Draft amendment outline to the DMMC and Community Plan TASK 5:
CITY PUBLIC HEARINGS
Task 5.1
Planning Commission
Public hearing(s) before the Planning Commission to review the LCPA and corollary amendments. Deliverable Recommending Resolution to the City Council Task 5.2
City Council
Public hearing(s) before the City Council to review the LCPA and corollary amendments. Deliverable Resolution approving the LCPA and corollary amendments, and authorizing LCPA submittal to the CCC for review and certification. TASK 6:
LCPA SUBMITTAL TO CCC
Task 6.1
Submit LCPA package to CCC for review and certification
Formal LCPA submittal to the CCC prior to the grant deadline of May 2017. The City will submit the LCP documents (text, maps, and/or exhibits) to CCC staff in paper hardcopy as well as an electronic copy in permanent format (such as an Adobe Acrobat .pdf file) and one electronic copy in an editable format (such as in Microsoft Word .doc). Additional information may be requested by CCC staff prior to completing the LCPA review and scheduling for hearing. Task 6.2
CCC Certification Hearing
CCC hearing on the City’s LCPA. Note that additional time may be needed in the event of the following actions by the CCC: 1) follow-up City Council meeting to consider any 24
May 18, 2015
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 16 of 22 EXHIBIT B1 suggested modifications to the LCPA; 2) resubmittal to the CCC; and 3) follow-up CCC certification hearing. Task 7: COORDINATION WITH COASTAL COMMISSION The City will hold regular coordination meetings (phone or in-person) with CCC San Diego Coast District staff every other month, or as needed, throughout the entire grant period. This task involves early review of work products by the CCC staff and iterative exchange of comments between the City and the CCC staff.
C. SCHEDULE Term of Project:
April 16, 2015 to April 30, 2017
Project Schedule Task 1. Project Commencement 1.1 Issue a Request for Proposal (RFP) – consultant for preparation of technical studies and Tasks 1.4 through 6.2; 43day RFP period 1.2 Establish a Stakeholder-Technical Advisory Committee (STAC) 1.2 Consultant Selection 1.4 Prepare the Public Involvement Process 1.5 Regional Coordination Deliverables 1.1 Confirmation of RFP posting 1.2 Initial roster of STAC members and prelim meeting schedule 1.3 Executed consultant contract 1.3 Summary of consultant RFPs received and interviewed 1.4 Outreach program 1.4 Schedule of community meetings Task 2. Assessment Preparation 2.1 Compile Data and Existing Analyses, Determine Data and Information Gaps 2.2 Define Planning Area 2.3 STAC and Community/Stakeholder Meetings – Planning Area and Assessments 2.4 Vulnerability Assessment Preparation 2.5 Risk Assessment Preparation 2.6 STAC and Community/Stakeholder Meetings – Assessments 25
May 18, 2015
Duration and Completion Dates April 16, 2015 to September 30, 2015 Opens: April 16, 2015 Ends: May 29, 2015 July 6, 2015 August 3, 2015 September 8, 2015 April 16, 2015 to April 30, 2017 April 16, 2015 July 31, 2015 August 21, 2015 August 21, 2015 September 30, 2015 September 30, 2015 August 21, 2015 to April 29, 2016 September 30, 2015 December 4, 2015 December 11, 2015 February 8, 2016 March 14, 2016 April 15, 2016 Item 11
ATTACHMENT A
City Of Del Mar LCP-14-13 Page 17 of 22 EXHIBIT B1 Deliverables 2.1 Gaps analysis 2.2 GIS layers for project area and sub-areas 2.3 STAC and community meeting reports 2.3 Stakeholder outreach reports 2.4 Vulnerability Assessment draft 2.4 GIS layer for hazard zones 2.5 Risk Assessment draft 2.6 STAC and community meeting reports 2.6 Stakeholder outreach reports Task 3. Adaptation Plan Development 3.1 Determine Sea Level Rise Strategies and Adaptation Plan Development 3.2 STAC and Community/Stakeholder Meetings – Adaptation Plan Deliverables 3.1 Adaptation Plan draft 3.1 GIS layer for selected adaptation strategies 3.1 Draft framework for incorporation into the LCP 3.1 Final Planning Area GIS layers, if modified 3.1 Final Vulnerability and/or Risk Assessment, if modified 2.5 STAC and community meeting reports 2.5 Stakeholder outreach reports Task 4. Amendment Drafting 4.1 Draft Amendments to the Del Mar LCP 4.2 Identify and Prepare Corollary Amendments to the Del Mar Zoning Code and Community (General) Plan Deliverables 4.1 Draft LCP amendment, including an amended Post-LCP Permit and Appeal Jurisdiction Map (if applicable) 4.2 Amended LCP overlay zone maps Task 5. City Public Hearings 5.1 Planning Commission 5.2 City Council Deliverables 5.1 Planning Commission Resolution to City Council 5.2 City Council Resolution approving the LCPA Task 6. LCPA Submittal to the CCC 6.1 Submit LCPA package to CCC for review and certification
September 30, 2015 January 29, 2016 January 29, 2016 January 29, 2016 April 30, 2016 April 30, 2016 April 30, 2016 April 30, 2016 April 30, 2016 May 2, 2016 to August 31, 2016 July 29, 2016 August 21, 2016
August 31, 2016 August 31, 2016 August 31, 2016 August 31, 2016 August 31, 2016 August 31, 2016 August 31, 2016 September 1, 2016 to December 23, 2016 October 28, 2016 October 28, 2016
October 28, 2016 October 28, 2016 November 8, 2016 to April 17, 2017 January 13, 2016 April 3, 2017 December 27, 2016 April 17, 2017 April 30, 2017 to TBD April 30, 2017
Formal LCPA submittal to the CCC prior to the grant deadline of May 2017. Additional information may be requested by CCC staff prior to completing the LCPA review and scheduling for hearing
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 18 of 22 EXHIBIT B1 6.2 CCC certification hearing
TBD
Note that additional time may be needed in the event of the following actions by the CCC: 1) follow-up City Council meeting to consider any suggested modifications to the LCPA; 2) resubmittal to the CCC; and 3) follow-up CCC certification hearing
Task 7. CCC Coordination Coordination with CCC and bi-monthly meetings with CCC San Diego Coast District staff
April 16, 2015 to April 30, 2017 April 16, 2015 to April 30, 2017
D. BENCHMARK SCHEDULE ACTIVITY Project Commencement – RFP; STAC; Consultant Prepare Gaps Analysis Define Planning Area Community/Stakeholder Meetings – Planning Area/Assessments Prepare Vulnerability and Risk Assessments Community/Stakeholder Meeting – Assessments Determine SLR Strategies and Develop Adaptation Plan Community/Stakeholder Meeting – Adaptation Plan Draft LCP Amendment Package Planning Commission Hearing City Council Hearing CCC Amendment Submittal CCC Certification Hearing
COMPLETION DATE September 30, 2015 September 30, 2015 December 4, 2015 December 11, 2015 March 14, 2016 April 15, 2016 July 29, 2016 August 21, 2016 October 28, 2016 January 13, 2016 April 3, 2017 April 30, 2017 TBD
E. EVALUATION AND REPORTING a. The Grantee shall promptly provide Project reports with payment requests at least every three months, and upon request by the Commission. Project reports are subject to the Coastal Commission Executive Director’s review and approval. The Project report shall include a description of work tasks and deliverables completed to date, and a description of completed benchmarks, or progress toward completing benchmarks. In any event Grantee shall provide the Commission a report showing total final Project expenditures with the final Request for Funds and required closing documents. Grantee shall submit all documentation for Project completion, as applicable, and final reimbursement by the Termination Date b. Final payment is contingent upon Commission verification that Project is consistent with the Scope of Work as described in Exhibit B1, together with any Commission approved amendments. c. Grantee must report to the Commission in the Project Budget all sources of other funds for the Project. 27
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 19 of 22 EXHIBIT B1 F. BUDGET
LABOR COSTS Hourly Rate (salary plus benefits, incl. fringe benefitssee guidelines [1]
Position Title
OPC Total (# of hours x rate per hour)
# of Hours
Match/ Other Funds
Total (LCP Grant Funds + Match/ Other Funds)
Task 1 – Project Commencement Senior Planner
$49.63
48
$0
$2,382
$2,382
Planning Manager
$65.35
0
$0
$0
$0
$81.77
1
$0
$82
$82
$186.00
0
$0
$0
$0
49
$0
$2,464
$2,464
Planning Director City Engineer Total Task 1 Task 2 – Assessment Preparation Senior Planner
$49.63
54
$0
$2,680
$2,680
Planning Manager
$65.35
8
$0
$523
$523
Planning Director
$81.77
10
$0
$818
$818
$186.00
5
$0
$930
$930
77
$0
$4,951
$4,951
City Engineer Total Task 2 Task 3 – Adaptation Plan Development Senior Planner
$49.63
55
$0
$2,730
$2,730
Planning Manager
$65.35
7
$0
$457
$457
Planning Director
$81.77
9
$0
$736
$736
City Engineer
$186.00 Total Task 3
5
$0
$930
$930
76
$0
$4,853
$4,853
Task 4 – Amendment Drafting Senior Planner
$49.63
48
$0
$2,382
$2,382
Planning Manager
$65.35
4
$0
$261
$261
Planning Director
$81.77
1
$0
$82
$82
$186.00
0
$0
$0
$0
53
$0
$2,725
$2,725
City Engineer Total Task 4
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 20 of 22 EXHIBIT B1
LABOR COSTS (con’t) Hourly Rate (salary plus benefits, incl. fringe benefitssee guidelines [1]
Position Title
OPC Total (# of hours x rate per hour)
# of Hours
Match/ Other Funds
Total (LCP Grant Funds + Match/ Other Funds)
Task 5 – City Public Hearings Senior Planner
$49.63
48
$0
$2,382
$2,382
Planning Manager
$65.35
5
$0
$327
$327
Planning Director
$81.77
5
$0
$409
$409
$186.00
0.95
$0
$177
$177
58.95
$0
$3,295
$3,295
City Engineer Total Task 5 Task 6 – CCC Review and Certification Senior Planner
$49.63
48
$0
$2,382
$2,382
Planning Manager
$65.35
5
$0
$327
$327
Planning Director
$81.77
5
$0
$409
$409
$186.00
0
$0
$0
$0
Total Task 6
58
$0
$3,118
$3,118
Total Labor Costs
371.95
$0
$21,406
$21,406
City Engineer
OTHER DIRECT COSTS Expense
Unit Rate/Cost
# of Units
OPC Total (# of hours x rate per hour)
Match/Other Funds (Source #2)
Total (LCP Grant Funds + Match/ Other Funds)
Project Supplies Postage/Shipping
$0
$300
$300
Supplies/Materials
$0
$500
$500
$0
$800
$800
Mileage
$0
$0
$0
Hotel, etc.
$0
$0
$0
Total
$0
$0
$0
Total Travel In State[2]
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 21 of 22 EXHIBIT B1
OTHER DIRECT COSTS (con’t) Unit Rate/Cost
Expense
# of Units
OPC Total (# of hours x rate per hour)
Match/Other Funds (Source #2)
Total (LCP Grant Funds + Match/ Other Funds)
SUBCONTRACTORS [3] Task 1 – Project Commencement Subcontractor
$0
$1,000
$1,000
$0
$1,000
$1,000
$25,000
$0
$25,000
$25,000
$0
$25,000
$3,000
$1,000
$4,000
$3,000
$1,000
$4,000
$15,000
$0
$15,000
Total task 2.3
$15,000
$0
$15,000
$14,000
$0
$14,000
Total task 2.4
$14,000
$0
$14,000
$3,000
$500
$3,500
Total task 2.5
$3,000
$500
$3,500
Total Task 2
$60,000
$1,500
$61,500
$40,000
$43,810
$83,810
$40,000
$43,810
$83,810
Total Task 1 Task 2 – Assessment Preparation Task 2.1 Define the Planning Area Subcontractor Total task 2.1 Task 2.2 Comm/Stakeholder Meetings Subcontractor Total task 2.2 Task 2.3 Vulnerability Assessment Subcontractor Task 2.4 Risk Assessment Subcontractor Task 2.5 Comm/Stakeholder Meetings Subcontractor
Task 3 – Adaptation Plan Development Task 3.1 SLR Strategies and Adaptation Plan Subcontractor Total task 3.1 Task 3.2 Comm/Stakeholder Meetings Subcontractor
$0
$10,000
$10,000
Total task 3.2
$0
$10,000
$10,000
Total Task 3
$40,000
$53,810
$93,810
$0
$9,000
$9,000
$0
$9,000
$9,000
Task 4 – Amendment Drafting Subcontractor Total Task 4
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 22 of 22 EXHIBIT B1
OTHER DIRECT COSTS (con’t) Unit Rate/Cost
Expense
# of Units
OPC Total (# of hours x rate per hour)
Match/Other Funds (Source #2)
Total (LCP Grant Funds + Match/ Other Funds)
Task 5 – City Public Hearings Task 5.1 Planning Comm Subcontractor
$0
$2,000
$2,000
$0
$2,000
$2,000
$0
$2,461
$2,461
Total task 5.2
$0
$2,461
$2,461
Total Task 5
$0
$4,461
$4,461
$0
$5,523
$5,523
$0
$5,523
$5,523
$0
$2,500
$2,500
Total task 6.2
$0
$2,500
$2,500
Total Task 6
$0
$8,023
$8,023
Total subcontractors
$100,000
$77,794
$177,794
Total Direct Costs
$100,000
$78,594
$178,594
$0
$0
$0
Total task 5.1 Task 5.2 City Council Subcontractor
Task 6 - CCC Review and Certification Task 6.1 LCPA Package and CCC Requests Subcontractor Total task 6.1 Task 6.2 CCC Hearing Subcontractor
OVERHEAD / INDIRECT COSTS[3]
TOTAL PROJECT COST
$100,000
$100,800 $200,000
[1] Amount requested for benefits not to exceed 40% of amount requested for salary or wage. [2] Travel reimbursement rates are the same as similarly situated state employees. [3] All subcontractors must be selected pursuant to a competitive bidding process that seeks at least three (3) bids from responsible bidders. [4] Indirect costs include, for example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposed project but not directly staffing it. Amount requested for indirect costs should be capped at 10% of amount requested for “Total Personnel.”
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 1 of 3 EXHIBIT C BUDGET DETAIL AND PAYMENT PROVISIONS 1. Request for Funds A. For services satisfactorily rendered during the term of this Agreement and upon receipt and approval of the Request for Funds Form described below (also referred to as the “RFF Form”), the Commission agrees to reimburse Grantee for actual expenditures incurred in accordance with the rates specified herein or attached hereto. B. Grantee shall submit each RFF form, in triplicate, no more frequently than monthly (except as requested by the Commission) but no less frequently than quarterly (assuming activity occurred within that quarter). RFF forms shall be submitted in arrears to: California Coastal Commission Attn: Hilary Papendick, Executive Division 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 C. Each RFF form shall contain the following information: 1. Grantee’s name and address as shown in this Agreement. 2. Date of the RFF form. 3. Time period covered by the RFF form during which work was actually done. 4. Agreement number as shown on this Agreement. 5. Original signature of the Grantee 6. Itemized costs by tasks and source of funds (Commission and/or OPC, where relevant) as listed in the scope of work for the billing period in the same or greater level of detail as indicated in the Project Budget (see Exhibit B1), with supporting documentation. Only those costs and/or cost categories expressly identified in this Agreement may be reimbursed. 7. Remaining balance listed by task number from the Scope of Work (see Exhibit B1) including the cumulative expenditures to date, the expenditures during the reporting period, and the unexpended balance of funds under this Agreement. D. Attached to the RFF form, the Grantee shall submit a supporting progress report summarizing the work that was completed during the invoice period and the current status of the work for which disbursement is sought, including work by any contractor, and comparing it to the status required by the Scope of Work (budget, timeline, tasks, etc.). E. Notwithstanding the foregoing, the Grant Manager of the Commission may request and the Grantee shall provide receipts or other source documents for any other direct expenditure or cost as described in the RFF form, as and when necessary to resolve any issue concerning reimbursement.
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 2 of 3 EXHIBIT C F. The Grantee’s failure to fully execute and submit a RFF form, including attachment of supporting documents, may relieve the Commission of its obligation to disburse funds to the Grantee unless and until the Grantee corrects all deficiencies. G. Any RFF form that is submitted without the required itemization and documentation will not be authorized. If the RFF form package is incomplete, inadequate or inaccurate, the Commission will inform the Grantee and withhold payment until all required information is received or corrected. Grantee shall submit a RFF form no more frequently than monthly but no less frequently than quarterly (assuming activity occurred within that quarter). Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement. H. Grant Funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the Commission must occur before the Termination Date. I. Grantee must report to the Commission in the Project Budget all sources of other funds for the Project. J. The Grantee shall expend Grant Funds in the manner described in the Work Program approved by the State. Expenditure on items contained in the approved Project Budget may vary by as much as ten percent without prior approval by the State, provided the grantee submits a revised Project Budget prior to requesting disbursement based on such revised budget. In any event, the total amount of the Grant Funds may not be increased, except by written amendment to this agreement. 2. Budget Contingency Clause A. It is mutually agreed that if the final Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the Local Coastal Program Local Assistance Grant Program this Agreement shall be of no further force and effect, and the Commission shall have no liability to pay any funds whatsoever to Grantee or to furnish any other consideration under this Agreement and Grantee shall not be obligated to continue performance under the provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Local Coastal Program Local Assistance Grant Program the Commission shall have the option at its sole discretion to either cancel this Agreement with no liability accruing to the Commission or enter into an agreement amendment with Grantee to reflect the reduced amount.
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 3 of 3 EXHIBIT C 3. Prompt Payment Clause Payment will be made no later than 45 days following receipt of properly submitted, undisputed invoices except as otherwise set forth in, and in each case in accordance with, the California Prompt Payment Act, Government Code section 927, et seq.
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 1 of 1 EXHIBIT D General Terms and Conditions The General Terms and Conditions (GTC-610, effective as of 6/9/2010) are incorporated into this agreement this Agreement by reference as if attached hereto, and may be viewed at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx. In the event of a direct conflict between a term of this Agreement and a term of the General Terms and Conditions such that both terms cannot both be complied with, the terms of this Agreement shall prevail except to the extent that it would result in noncompliance with any applicable law. The term “Contractor” in the General Terms and Conditions shall be interpreted to refer to Grantee.
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 1 of 9 EXHIBIT E SPECIAL TERMS AND CONDITIONS ACKNOWLEDGEMENT The Grantee shall include an acknowledgement of the use of “California Coastal Commission Local Coastal Program” grant funding in all materials produced as a result of this Agreement. The Commission shall have the right to republish any material generated as a result of this Agreement. PROJECT EXECUTION A. Grantee shall complete the Project before the Termination Date. B. Subject to the availability of funds, the Commission hereby grants to the Grantee the sum $100,000 (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the terms and conditions set forth in this Agreement. C. Prior to the commencement of any Project work, Grantee agrees to submit in writing to the Commission for prior approval any deviation from the original Scope of Work pursuant to Exhibit B1. Changes in the Scope of Work must continue to ensure timely and effective completion of a new or updated Local Coastal Program for certification by the Commission. Any modification or alteration in the Scope of Work on file with the Commission must be submitted to the Commission for approval. Changes to the Scope of Work shall require an amendment to this Agreement (see “Amendments” below). D. Grantee shall furnish any and all additional funds that may be necessary to complete the Project. E. Grantee shall complete the Project and the invoicing and reporting requirements before the Termination Date unless an extension has been granted by the Commission in writing. Extensions may be requested in writing prior to the Termination Date and will be considered by the Commission at its sole discretion. F. Grantee certifies that the Work Program does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, California Coastal Act, health and safety codes, and disabled access laws. G. Commission staff will be available to support the development of the Project through regular coordination and assistance. Commission staff support includes regular coordination meetings, timely review of deliverables, and participation in stakeholder advisory groups, as feasible, to ensure timely and successful completion of the Project. POTENTIAL CONTRACTORS Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Commission and any contractors, and no contract shall relieve the Grantee of its responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible for the acts and omissions of its contractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors is an independent obligation from the Commission’s obligation to make payments to the Grantee. As a result, the 36
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 2 of 9 EXHIBIT E Commission shall have no obligation to pay or to enforce the payments of any moneys to any contractor. If all or any part of the Project to be funded under this Agreement will be performed by third parties under contract with the Grantee, then the Grantee should, prior to executing an agreement for services, seek the approval of the Grant Manager on the selection of the third party. TRAVEL REIMBURSEMENT Travel Reimbursement shall be at the same rates as similarly situated State employees. If any conflicts exist between the Grantee’s rates and those applicable to State employees, the State’s reimbursement rates shall prevail. Receipts will be required. All travel costs are inclusive within the budgeted amount referenced in this Agreement. PROPERTY PURCHASED The Grantee agrees to continue using property purchased under this Agreement for the purposes outlined in this Agreement or similar activities until it is fully consumed (i.e. is either fully distributed, damaged, worn-out, or becomes obsolete). SETTLEMENT OF DISPUTES If the Grantee believes that there is a dispute or grievance between Grantee and the Commission arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue with the Grant Manager. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures: If the issue cannot be resolved directly with the Grant Manager, the Grantee shall submit, in writing, a grievance report together with any evidence to the Chief Deputy Director of the Commission. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee’s position and the remedy sought. Within ten (10) days after receipt of the grievance report, the Chief Deputy Director, or its designee, shall meet in person or via phone with the Grantee and the Grant Manager for purposes of resolving the dispute. The decision of the Chief Deputy Director following such a meeting shall be final. TERMINATION Except as otherwise set forth in this Agreement, this Agreement may be terminated (a) by the Commission for any reason upon thirty (30) days prior written notice to the Grantee, (b) by Grantee for any reason upon thirty (30) days prior written notice to the Commission subject to the approval of the Commission in its sole discretion, and (c) immediately upon written notice by either party “for cause”. The term “for cause” shall mean that either the Grantee or the Commission fails to meet any material terms, conditions, and/or responsibilities of the Agreement. In the event of a termination, the Grantee shall take all reasonable measures to prevent further costs requiring reimbursement by the Commission. The Commission shall then only be responsible for any reasonable and non-terminable obligations incurred by the Grantee in 37
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Item 11
ATTACHMENT A
City Of Del Mar LCP-14-13 Page 3 of 9 EXHIBIT E the performance of this Agreement up to the date Grantee ceased performing under this Agreement as determined by the Commission, but not to exceed the balance of the total funds which remains unencumbered under this Agreement at the time of termination. On or before the date of termination of this Agreement, whether terminated by the Grantee or the Commission, the Grantee shall provide the Commission with all work, material, data, information, and written, graphic or other work produced, developed or acquired under this Agreement (whether completed or partial), in appropriate, readily useable form. The Grantee expressly agrees to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this Agreement. The Grantee shall include in any agreement with any contractor retained for work under this Agreement a provision that entitles the Grantee to immediately suspend or terminate the agreement with the contractor for any reason on written notice. If the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the Termination Date, the Grantee shall be liable for immediate repayment to the Commission of all amounts disbursed by the Commission under this Agreement, plus accrued interest (rate as set forth by the current Pooled Money Investment Account) and any further costs related to the Project. The Commission may, at its sole and absolute discretion, consider extenuating circumstances with regard to Grantee’s repayment obligations hereunder. This paragraph shall not be deemed to waive or limit any remedies available to the Commission for breach of this Agreement. Notwithstanding the foregoing, Grantee acknowledges (and waives any defense based on a claim) that monetary damages may not be an adequate remedy to redress a breach by Grantee hereunder and that a breach by Grantee hereunder may cause irreparable harm to the Commission. Accordingly, Grantee agrees that upon a breach of this Agreement by Grantee, the remedies of injunction, declaratory judgment and specific performance shall be available to the Commission. WAIVER AND RELEASE Grantee hereby waives all claims and recourses against the Commission, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except for claims for reimbursement of costs due under this Agreement, recovery of which shall be limited to the total amount properly incurred hereunder and in no event exceed the total amount of Grant Funds provided for hereunder. Grantee acknowledges that it is solely responsible for its compliance with the terms of this Agreement.
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 4 of 9 EXHIBIT E REIMBURSEMENT Complete reimbursement of funds under this Agreement will be dependent upon successful completion of the final deliverable of this Agreement. Grantee agrees that up to 20% of the total amount due hereunder may not be reimbursable until all final deliverables have been completed and delivered by the Grantee. AMENDMENTS This Agreement may only be amended by mutual agreement in writing between Grantee and the Commission. Any request by the Grantee for an amendment must state the amendment request and reason for the request, using the Amendment Request form provided in Exhibit E hereto. The Grantee shall make requests in a timely manner and in no event less than sixty (60) days before the effective date of the proposed amendment. No oral understanding or agreement not incorporated into the Agreement in writing is binding on the parties. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Scope of Work approved by the Commission. In any event, the total amount of the Grant Funds may not be increased, except by written amendment to this agreement. With the exception of adjustments as discussed above, any subsequent changes or additions to the Work Plan approved by the Commission in writing are hereby incorporated by reference to this Agreement as though set forth in full in this Agreement. REALLOCATION OF FUNDS If Grantee fails to meet the performance criteria and Benchmarks in this Agreement, the Executive Director or his designee may immediately and upon written notice cancel this Agreement and re-allocate any unspent funds to one or more of the other approved Grantees whose grant was not fully funded. Should a Grantee not need the full amount of funds awarded by the Commission, they shall notify the Grant Manager as soon as possible so that any remaining allocated but unspent funds may be redistributed, as feasible. In addition, should Grantee fail to enter into an agreement necessary for its performance hereunder in a timely manner or fail to meet Work Program Benchmarks, the Executive Director or his designee may reallocate funds to supplement an already awarded grant. DIGITAL SUBMITTAL OF LCPS Prior to the Executive Director’s determination and reporting of certification pursuant to Section 13544 of the California Code of Regulations of a grant-funded LCP project, grantees shall submit LCP documents (text, maps and exhibits) in paper hardcopy as well as an electronic copy in permanent format (such as an Adobe Acrobat .pdf file) and one electronic copy in an editable format (such as in Microsoft Word .doc).
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May 18, 2015
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 5 of 9 EXHIBIT E COASTAL COMMISSION SEA LEVEL RISE GUIDANCE Grantees shall use the Commission’s Draft Sea Level Rise Guidance document5 on an interim basis until the Final Guidance is adopted by the Commission, and then shall use the final Sea Level Rise Guidance to inform the development of sea level rise impact assessments, vulnerability assessments, and LCP Land Use Plan and Implementation Plan completion or updates. COORDINATION OF SEA LEVEL RISE PLANNING WORK Sea level rise work completed under the Local Coastal Grant Program shall be coordinated regionally to the extent feasible with other jurisdictions and entities working on sea level rise projects within the same county or broader regional area relevant for sea level rise adaptation, such as the watershed, littoral cell, or area with similar geologic characteristics. Coordination includes early coordination meetings among the different entities, sharing of technical analyses and lessons learned, and consideration of regional adaptation policies. SAFEGUARDING CALIFORNIA PLAN ACTIONS AND PRINCIPLES Grant-funded work shall also be guided by the Safeguarding California Plan for Reducing Climate Risk’s recommended climate change preparedness actions and principles,6 as listed below, and as described in the adopted 2014 Ocean Protection Council Resolution to support implementation of the Safeguarding Plan.7 The Plan states that projects or programs implemented with state funds should: • Encourage innovative design of new structures and infrastructure in areas vulnerable to sea level rise, storms and erosion and priority should be given to green or nature-based solutions that use natural processes and habitats to reduce risk from flooding and erosion. • Reduce risk from climate impacts to the coast and ocean, by implementing the Safeguarding Plan’s recommendation to incorporate climate risk considerations into all relevant decision-making, including related to infrastructure, in such a way that it: o Encourages iterative approaches; o Protects California’s most vulnerable populations; o Achieves multiple benefits from efforts to reduce climate risks and prioritizes green infrastructure solutions; o Integrates climate risk reduction with emissions reductions to the fullest extent possible; and
5
California Coastal Commission 2014. Available. http://www.coastal.ca.gov/climate/slr/guidance/CCC_Draft_SLR_Guidance_PR_10142013.pdf. Accessed 19 September 2014 6 California Natural Resources Agency 2014. Available. http://resources.ca.gov/docs/climate/Final_Safeguarding_CA_Plan_July_31_2014.pdf. Accessed 19 September 2014. 7 Ocean Protection Council 2014. Available: http://www.opc.ca.gov/webmaster/ftp/pdf/agenda_items/20140827/Item5_OPC_Aug2014_Exhibit_1_Safeg uarding_Resolution_ADOPTED.pdf. Accessed 19 September 2014.
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May 18, 2015
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 6 of 9 EXHIBIT E o Develops metrics and indicators to track progress on efforts to reduce climate risk. •
Adhere to the Safeguarding Plan principles: o Use the best available science to identify risks and adaptation strategies; o Understand that an effective strategy for preparing for climate risks should evolve as new information is available; o Involve all relevant stakeholders; o Establish and maintain strong partnerships across all levels of government, tribes, businesses, landowners, and non-governmental organizations; o Give priority to strategies that also achieve benefits other than climate risk reduction benefits, including additional benefits to public health, the economy, environmental justice, and conservation of natural resources; and o Ensure that strategies to reduce climate risk are coordinated, to the extent possible, with the state’s efforts to reduce GHG emissions and other local, national and international efforts.
AUDIT REQUIREMENTS AND FINANCIAL Commission projects are subject to audit by the State annually and for three (3) years following the payment of Grant Funds. Accordingly, Grantee shall maintain orderly, accurate and complete documents and records of all financial accounts, costs, disbursements, receipts and other matters relating to this Agreement consistent with the policies outlined in the Exhibit C, hereto, for the Project and shall make them available to the State or the Commission for auditing, inspecting and copying at reasonable times. Grantee shall also retain such documents and records for three (3) years after final payment and one (1) year following an audit. The documents for audit should be retained onsite. Grantee shall use applicable generally accepted accounting principles unless otherwise agreed to by the Commission in writing. If Grantee stated in the Work Plan that other sources of funding will be used to complete the Project, the Grantee shall establish internal systems to track expenditures of matching or inkind funds on a regular basis and will make the documentation available to the Commission upon request. WORK PRODUCT The Grantee agrees that all data, plans, drawings, specifications, surveys, studies, and other written or graphic work produced in the performance of this Agreement, herein referred to as “materials” are subject to the rights of the Commission as set forth in this section. The Commission shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. Grantee agrees that it shall use the materials developed with Grant Funds only for the purpose for which the Grant Funds were requested and no other use of the materials shall be permitted except as otherwise agreed to in an Amendment. 41
May 18, 2015
Item 11
ATTACHMENT A
City Of Del Mar LCP-14-13 Page 7 of 9 EXHIBIT E Grantee must certify the materials developed with Grant Funds under this Agreement shall remain available for public review. This Agreement shall not prevent the transfer of the materials from the Grantee to a Public Agency if the successor Public Agency assumes the obligations imposed by this Agreement. If the use of the materials is changed to a use that is not permitted by the Agreement, or if the materials are sold or otherwise disposed of, at the Commission’s sole discretion, an amount equal to (1) the total amount of the Grant Funds, or (2) the proceeds from the sale or other disposition, whichever is greater, shall be promptly reimbursed to the Commission by Grantee. WAIVERS GENERALLY No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party. EXECUTIVE DIRECTOR’S DESIGNEE The Executive Director shall designate a Commission staff Grant Manager who shall have authority to act on behalf of the Executive Director with respect to this Agreement. Grantee shall be notified of such designation in writing. INSURANCE Throughout the term of this Agreement, for the life of any asset funded by the grant monies awarded pursuant to this Agreement, or for any period of project implementation after the termination date of this Agreement, the Grantee shall maintain self-insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the Grantee or its agents, representatives, employees, volunteers, or contractors associated with the Project undertaken pursuant to this Agreement. If the Grantee provides funds to any contractor to accomplish any of the work of this Agreement or provides grant funds to any contractor to carry out a project under this Agreement, the Grantee shall first enter into an agreement with each contractor requiring it to obtain and maintain liability and property-damage insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the contractor, or its agents, representatives, employees, or volunteers, associated with the project undertaken pursuant to this Agreement. As an alternative, with the written approval of the Executive Director, the contractor may satisfy the coverage required by this section in whole or in part through its participation in a “risk management” plan, self-insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section. Required insurance shall be maintained from the commencement date through the Termination Date of any work undertaken by the contractor under the approved Scope of Work. 42
May 18, 2015
Item 11
ATTACHMENT A
City Of Del Mar LCP-14-13 Page 8 of 9 EXHIBIT E 1. Minimum Scope of Insurance. Coverage shall be at least as broad as: a. Insurance Services Office (“ISO”) Commercial General Liability coverage (occurrence Form CG 0001) or ISO Comprehensive General Liability form (1973) or comparable with Broad Form Comprehensive General Liability endorsement. b. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (any auto). c. Workers’ Compensation insurance as required by the Labor Code of the State of California. 2. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than: a. General Liability: (Including operations, products and completed operations, as applicable)
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities under this Agreement or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Director. 4. Required Provisions. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days’ prior written notice by certified mail, return receipt requested, has been given to the Executive Director. The general liability and automobile liability policies are to contain, or to be endorsed to contain, the following provisions: a. The State of California, its officers, agents and employees are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Grantee; and with respect to liability arising out of work or operations performed by or on behalf of the Grantee including materials, parts or equipment furnished in connection with such work or operations. b. For any claims related to this Agreement, the Grantee’s insurance coverage shall be primary insurance with respect to the State of California, its officers, agents and employees. c. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact business in the State of California and having a current Best’s rating of “B+:VII” or better or, 43
May 18, 2015
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ATTACHMENT A
City Of Del Mar LCP-14-13 Page 9 of 9 EXHIBIT E in the alternative, acceptable to the Commission and approved in writing by the Executive Director. 6. Verification of Coverage. The Grantee shall furnish the Grant Manager with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Grant Manager before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, at any time. 7. Premiums and Assessments. The Commission is not responsible for premiums and assessments on any insurance policy.
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May 18, 2015
Item 11
ATTACHMENT A
City Of Del Mar LCP-14-13 Page 1 of 1 EXHIBIT F AMENDMENT TEMPLATE
Amendment to _____________ 1. This amendment (the "Amendment") is made by _________________ and _________________, parties to the agreement _________________ dated (the "Agreement"). 2. As of _(date) , the Agreement is amended as follows: ________________________________________________ 3. Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the Agreement or any earlier amendment, the terms of this amendment will prevail. Signed and Agreed:
Representative of ________________ By: __________________________ Printed Name: _________________ Title: ________________________ Dated: _________________
Representative of Coastal Commission: By: __________________________ Printed Name: _________________ Title: ________________________ Dated: _________________
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May 18, 2015
Item 11
City of Del Mar Staff Report TO:
Honorable Mayor and City Council Members
FROM:
Joe Bride, Public Works Deputy Director Via Scott W. Huth, City Manager
DATE:
May 18, 2015
SUBJECT:
Reject Bids for the 15th Street and Stratford Court Pedestrian Crossing Improvements Project
REQUESTED ACTION/RECOMMENDATION: Staff recommends that the City Council reject all bids for the 15th Street and Stratford Court Pedestrian Crossing Improvements Project as the submitted bids exceed the Community Development Block Grant (CDBG) funding currently budgeted to complete the project. DISCUSSION/ANALYSIS: The City receives approximately $15,000 annually in Federal CDBG funding for the purpose of construction pedestrian access improvements relate to the American’s with Disability Act (ADA). The 15th Street and Stratford Court intersection was identified on the City’s ADA Improvement Plan as a containing deficient pedestrian access facilities. The 15th Street and Stratford Court Pedestrian Crossing Improvements Project includes construction of three pedestrian ramps, approximately 150 feet of new curb and gutter, 600 square feet of sidewalks, 200 square feet of concrete cross gutter, and 1,500 square feet of pavement rehabilitation. A notice inviting bids was advertised in the San Diego Daily Transcript on March 26, 2015 and April 2, 2015, and project plans and specifications were available for download on the Internet (ebidboard.com). Three bids were received and opened on April 14, 2015, and are listed below: 1. Blue Pacific Engineering and Construction 2. Addax Electric, Inc. 3. Atom Engineering Construction, Inc.
$ 69,672 $ 82,752 $ 117,398
Staff evaluated Blue Pacific Engineering and Construction’s bid package, insurance, bonding and construction references and determined Blue Pacific Engineering and ________________________________________________________________________________________________________
City Council Action:
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May 18, 2015
Item 12
City Council Staff Report 15th Street and Stratford Court Pedestrian Improvement Project May 18, 2015 Page 2 of 3
Construction to be responsive. Contracting laws allow the City to award the contract to the lowest responsive bidder, in this case, Blue Pacific Engineering and Construction. However, the submitted construction bid yields a total project cost significantly in excess of the project funding provided in the City’s Adopted Operating and Capital Budget for Fiscal Year 2014-2015.
FISCAL IMPACT: Staff estimates the total project budget allocation based on the submitted construction bid as follows: Design Engineering and Survey Construction Management and Record Drawings Advertising and Special Inspection Construction – Blue Pacific Engineering and Construction Project Contingency TOTAL
$ 20,650 $ 2,500 $ 3,678 $ 69,672 $ 8,500 $ 105,000
The City’s Adopted Operating and Capital Budget for Fiscal Year 2014-2015 allocates a total of $30,000 for the American with Disabilities Act Improvements Project based on anticipated CDBG funding from the Department of Housing and Community Development and the City’s General Fund. The funding sources are listed in the following table: PROJECT American with Disabilities Act Improvements American with Disabilities Act Improvements
FUND ACCOUNT CDBG (FY13/14 40-6105-5900 and FY 14/15) General Fund 40-6105-5900 TOTAL
AMOUNT $ 27,708 $
2,292
$30,000
A funding source to cover the $75,000 shortfall to complete the project has not been identified. Staff is working with the administrators of the CDBG program, the Department of Housing and Community Development, to determine the feasibility of advancing the next two years of the City’s CDBG funding for inclusion in the project budget. The two additional years of CDBG funding (FY15/16 and FY 16/17) would increase the project budget by approximately $28,000, thereby reducing the anticipated funding shortfall to $47,000. Securing advanced CDBG funding will require a revised CDBG application to be submitted this fall and eventual re-bidding of the project for construction. Any shortfall in the project budget after re-bidding of the project would require alternative sources of funding to be located.
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May 18, 2015
Item 12
City Council Staff Report 15th Street and Stratford Court Pedestrian Improvement Project May 18, 2015 Page 3 of 3
Pursuant to Public Contract Code Section 20166, staff recommends that the City Council exercise its discretion to reject all bids and re-advertise the project once the additional funding is secured. ENVIRONMENTAL IMPACT: The 15th Street and Stratford Court Pedestrian Improvement Project is categorically exempt under Section 15301 (c) of the California Environmental Quality Act as it involves improvements to existing facilities, including streets, sidewalks, and gutters. PRIOR CITY COUNCIL REVIEW: The City Council adopted a resolution authorizing submittal and processing of the combined CDBG application for Fiscal Years 2013-2014 and 2014-2015 on May 5, 2014.
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May 18, 2015
Item 12
City of Del Mar Staff Report TO:
Honorable Mayor and City Council Members
FROM:
Andrew Potter, Administrative Services Director Via Scott W. Huth, City Manager
DATE:
May 18, 2015
SUBJECT:
Amendments to the City’s Personnel Rules & Regulations Manual to Implement Requirements of Assembly Bill 1522, “The Healthy Workplaces, Healthy Families Act of 2014”
REQUESTED ACTION/RECOMMENDATION: Adopt the proposed resolution to amend the City’s Personnel Rules & Regulations Manual to implement paid sick leave for part-time, seasonal, temporary employees as required by Assembly Bill 1522 (AB 1522), “The Healthy Workplaces, Healthy Families Act of 2014,” and amend certain use provisions of sick leave for full-time employees in accordance with AB 1522. DISCUSSION/ANALYSIS: In September 2014, the Governor signed Assembly Bill 1522, “The Healthy Workplaces, Healthy Families Act of 2014,” to provide that an employee who, on or after July 1, 2015, works for 30 or more days within a year from the commencement of employment is entitled to paid sick days, to be accrued at a rate of no less than one hour for every 30 hours worked. An employee would be entitled to use accrued sick days beginning on the 90th day of employment. Since the legislation was approved by the Governor, staff has been monitoring the most effective ways to implement the new law. Since January 2015, there were several clarifications issued by the California Division of Labor Standards Enforcement, the enforcement agency responsible for monitoring and interpreting compliance with AB 1522. While there may be further clarifications and legislative amendments, the City is required to implement the law by July 1, 2015. In summary, the law requires that the City implement the following for part-time, seasonal, temporary employees: • An employee begins to accrue paid sick leave at the rate of one (1) hour of paid sick leave for every thirty (30) hours worked beginning on the first day of
________________________________________________________________________________________________________
City Council Action:
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May 18, 2015
Item 13
City Council Staff Report Amendments to the City’s Personnel Rules & Regulations Manual to Implement AB 1522 May 18, 2015 Page 2 of 3
• • • •
• • • •
employment. An employee is not eligible to begin using any accrued paid sick leave until after 90 days of employment with the City. An employee must be provided one (1) hour of paid sick leave for every 30 hours worked up to three (3) days or 24 hours of paid sick leave in a 12-month period. An employee’s accrued paid sick leave may be capped at six (6) days or 48 hours ongoing. Accrued paid sick leave carries over year to year while continuously employed up to the six-day/48-hour cap. An employee may use three (3) days or 24 hours of accrued paid sick leave in a 12-month period for specific reasons (see Attachment B). An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor’s appointment scheduled in advance). If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable. An employee who uses paid sick leave may be required to do so in minimum increment of two hours of sick leave. Paid sick leave will not be considered hours worked for purposes of overtime calculation. An employee will not receive compensation for unused accrued paid sick leave upon termination, resignation, retirement or other separation from employment from the City. If an employee separates from employment with the City and is re-hired by the City within one year of the date of separation, previously accrued and unused paid sick leave hours shall be reinstated to the extent required by law. However, if a rehired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the City before any paid sick leave can be used.
The requirements of AB 1522 only apply to part-time, seasonal, and temporary employees since the City provides greater sick leave benefits for full-time employees. However, the City is still required to implement a portion of AB 1522 for full-time employees expanding the allowable uses for 24 hours of sick leave to include certain personal reasons. FISCAL IMPACT: The City employs a high volume of part-time, seasonal, temporary employees that work in a variety of capacities such as beach lifeguarding, beach maintenance, parking enforcement, and clerical tasks. The accrual of the sick leave is based on the number of hours worked. The City’s parttime, seasonal, temporary employees work a wide variety of hours per fiscal year,
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May 18, 2015
Item 13
City Council Staff Report Amendments to the City’s Personnel Rules & Regulations Manual to Implement AB 1522 May 18, 2015 Page 3 of 3
depending on each departments’ needs. As a conservative estimate, if all existing parttime, seasonal, temporary employees accrued the maximum number of sick leave hours (24 hours within a year), the total cost to the City would be approximately $28,000. Staff will monitor the ongoing costs of this required benefit to determine if any future adjustments will be required. ENVIRONMENTAL IMPACT: There is no environmental impact associated with this action. ATTACHMENTS: Attachment A – Proposed Resolution Attachment B – Amended Personnel Rules & Regulations Manual. To conserve resources, only the pages that contain the applicable changes are attached. The complete Manual is available on the City’s website at: www.delmar.ca.us/hr
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May 18, 2015
Item 13
ATTACHMENT A RESOLUTION 2015 - _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE CITY’S PERSONNEL RULES AND REGULATIONS MANUAL WHEREAS, the purpose of the City’s Personnel Rules and Regulations Manual (hereinafter referred to as the Manual) is to outline the benefits, rules, and personnel policies applicable to employees with the City of Del Mar; and WHEREAS, the Manual is designed as a guide to ensure consistent, fair, and uniform treatment of all City employees; and WHEREAS, circumstances require that policies, procedures and benefits described in the Manual change from time to time; and WHEREAS, In September 2014, Governor Jerry Brown signed Assembly Bill 1522 (AB 1522), “The Healthy Workplaces, Healthy Families Act of 2014,” to provide that an employee who, on or after July 1, 2015, works for 30 or more days within a year from the commencement of employment is entitled to paid sick days, to be accrued at a rate of no less than one hour for every 30 hours worked; and WHEREAS, it is necessary to codify the provisions of AB 1522 within the Manual to be in compliance with State law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that: 1. The above recitals are true and correct. 2. Section 11.02.1, “Sick Leave for Part-Time, Temporary, Seasonal Employees,” is added to the City’s Personnel Rules and Regulations Manual to implement AB 1522. 3. Section 11.02, “Sick Leave for Full-Time Employees,” of the City’s Personnel Rules and Regulations Manual is amended to comply with AB 1522. PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held on the 18th day of May 2015. ______________________________ AL CORTI, Mayor City of Del Mar
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May 18, 2015
Item 13
Resolution No. 2015-____ Page 2 of 2 APPROVED AS TO FORM:
________________________________ LESLIE E. DEVANEY, City Attorney City of Del Mar ATTEST AND CERTIFICATION: STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF DEL MAR I, Andrew Potter, Administrative Services Director/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution 2015-______, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 18th day of May 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ ANDREW POTTER, Administrative Services Director/City Clerk City of Del Mar
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May 18, 2015
Item 13
ATTACHMENT B
11.02
Sick Leave for Full-Time Employees. (a) The City provides a sick leave program for the purpose of minimizing the economic hardships that may result from an unexpected personal or dependent illness or injury. Sick leave should not be viewed as a right, but rather it is a privilege of paid time away from work duties where such absence is necessary. (b) Accrual. Sick leave shall be accrued at the rate of eight (8) hours for each calendar month of service. Fire employees who regularly work a schedule that averages fifty-six (56) hours per week shall accrue sick leave at the rate of 11.6 hours for each calendar month of service. There shall be no limit to the amount of sick leave that an employee may accumulate. (c) Use. (1) Sick leave may be used for personal illness or injury, emergency or routine medical or dental appointments, including pregnancy as provided in the Maternity Leave subsection, and for reasonable travel time to and from health care facilities. (2) In accordance with the Healthy Workplaces, Healthy Families Act of 2014 (“California Paid Sick Leave Law”), an employee may use three (3) days or 24 hours of accrued paid sick leave in a 12-month period for any of the following reasons: (a) For the employee’s own diagnosis, care, or treatment of an existing health condition or preventative care. (b) For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including: i.
Child (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis).
ii.
Spouse or Registered Domestic Partner
iii.
Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child).
iv.
Grandparent.
v.
Grandchild.
Proposed May 18, 2015
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ATTACHMENT B
vi.
Sibling.
(c) To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services: i.
A temporary restraining order or restraining order.
ii.
Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.
iii.
To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
iv.
To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
v.
To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
vi.
To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor’s appointment scheduled in advance). If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable.
(d) Family Care. Up to twenty-four* hours of sick leave may be used per calendar year to care for members of the employee's immediate family who is ill or injured. Immediate family means: child, parent, spouse, step-parent, domestic partner, and any other family member living in the same household as the employee. *State law provides that one-half of annual sick leave accrual may be used for dependent care. (e) Personal Leave. Employees have the option of taking a maximum of up to three (3) days sick leave each year as personal leave days. An employee may take personal leave if the employee has a current sick leave balance that is at least equal to the number of personal leave days the employee opts to take. Employees are required to obtain approval from their Department Head prior to taking personal leave.
Proposed May 18, 2015
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7
May 18, 2015
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(f) Sick Leave Transfer. The purpose of this provision is to provide a means of alleviating personal financial hardship for employees who are suffering from a long-term catastrophic illness or injury, or desire to care for immediate family members suffering from such an illness or injury. Under this provision an employee may transfer the monetary value of existing accrued sick leave hours, in eight hour increments, to another employee who is on an authorized unpaid leave of absence and who has exhausted or will exhaust available leave balances. An employee may transfer sick leave to another employee provided the donating employee has a remaining sick leave balance of at least one-hundred and twenty (120) hours. The donated sick leave shall be the property of the City until distribution. The monetary value of the donated sick leave will be placed into an account administered by the Finance Director. The funds shall be distributed to the receiving employee so as to maintain the receiving employee's regular pay. Said payments shall be subject to payroll taxes and authorized payroll deductions, but shall not be treated as time worked for the accrual of vacation, sick leave or other accruals or credits. Any donated hours not used by the receiving employee will remain in the transfer account for use by other needy employees. Sick leave transfers are subject to the approval of the City Manager. An employee in need of a sick leave transfer in accordance with this provision shall make written application to the City Manager via their Department Head. The written request should outline the anticipated period of extended leave and the required sick leave hours. Every effort will be made to assure that no pressure, either implicit or explicit, is placed on any employee by any other employee to make a donation or participate in a sick leave transfer. (g) Sick Leave Conversion (Not Applicable to Management and Professional Employees). Employees who have a sick leave balance of 120 hours and who use 48 hours or less in a calendar year may convert the difference between 72 hours and the actual hours used from sick leave hours to vacation at a rate of one (1) vacation hour for two (2) sick leave hours. The conversion of sick leave to vacation shall be made during the month of January each year. Converted vacation hours shall not be counted in an employee's accrued vacation balance when determining the maximum vacation accrual. Converted vacation hours in excess of the maximum vacation accrual must be used during the calendar year. (i) If an employee separates from employment with the City and is re-hired by the City within one year of the date of separation, previously accrued and Proposed May 18, 2015
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unused paid sick leave hours shall be reinstated not to exceed 48 hours of accrued leave. However, if a rehired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the City before any paid sick leave can be used (j) Short Term Disability Insurance Benefits. Covered employees qualifying for Short Term Disability Insurance benefits (for non-industrial injuries/illnesses) may elect to coordinate Short Term Disability Insurance benefits with unused sick leave, such that the employee receives his/her usual gross salary. 11.02.1 Sick Leave for Part-Time, Temporary, Seasonal Employees (a) The following policy applies only to Regular Part-time Employees, Temporary Employees, and Seasonal Employees. (b) Effective July 1, 2015, as required by the California Paid Sick Leave Law the City of Del Mar will provide paid sick leave to Regular Part-time, Temporary, and Seasonal Employees as follows: (1) An employee begins to accrue paid sick leave at the rate of one (1) hour of paid sick leave for every thirty (30) hours worked beginning on the first day of employment. An employee is not eligible to begin using any accrued paid sick leave until after 90 days of employment with the City. (2) An employee is only allowed to use up to a maximum of three (3) days or 24 hours of paid sick leave in a 12-month period. (3) An employee can only accrue paid sick leave up to a cap of six (6) days or 48 hours ongoing. Any unused accrued paid sick leave does carryover year to year while continuously employed up to the cap. An employee stops accruing sick leave when the cap is reached and will begin to accrue sick leave again when the total amount of accrued sick leave falls below the cap. (4) An employee may use up to three (3) days or 24 hours of accrued paid sick leave in a 12-month period for any of the following reasons: (a) For the employee’s own diagnosis, care, or treatment of an existing health condition or preventative care. (b) For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including:
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Child (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis).
ii.
Spouse or Registered Domestic Partner.
iii.
Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child).
iv.
Grandparent.
v.
Grandchild.
vi.
Sibling.
(c) To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services: i.
A temporary restraining order or restraining order.
ii.
Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.
iii.
To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
iv.
To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
v.
To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
vi.
To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
(c) An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor’s appointment scheduled in advance). If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable.
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(d) An employee who uses paid sick leave must do so in minimum increments of two hours of sick leave. (e) Paid sick leave will not be considered hours worked for purposes of overtime calculation. An employee will not receive compensation for unused accrued paid sick leave upon termination, resignation, retirement or other separation from employment from the City. (f) If an employee separates from employment with the City and is re-hired by the City within one year of the date of separation, previously accrued and unused paid sick leave hours shall be reinstated to the extent required by law. However, if a rehired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the City before any paid sick leave can be used. 11.03
Bereavement Leave. (a) Employees may have three (3) work days leave of absence for each death in their immediate family for the purpose of bereavement, and for the arranging of and attendance at, the funeral. Immediate family means: Spouse, child, parent, sibling, grandparents, aunt, uncle; the aforementioned either natural, step or in-law, or any person over which the employee acts as legal guardian. (b) If an employee must attend a funeral more than five hundred (500) miles from the City, or if the death is to a member of the employee's extended family, then the employee has the option to use up to three (3) days of sick leave from his/her current sick leave balance in addition to any leave provided above. (c) The employee may be required to submit proof of relative's death before final approval of leave with pay is granted.
11.04
Jury Duty. An employee ordered by the Court to serve on jury duty shall receive paid time while serving such duty, if the employee deposits any fees for services, other than mileage, with the City. Any employee who is released from jury duty with three (3) hours or more remaining in his/her work day shall report back to work.
11.05
Witness Duty. (a) An employee who serves as a witness within the line of duty, or on a case related to the employee's duties, will receive paid time for such service. (b) An employee required to be absent from work by a properly issued court subpoena which compels the employee's presence as a witness, unless the employee is a party or an expert witness, shall receive release time to comply with such subpoena.
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City of Del Mar Staff Report TO:
Honorable Mayor and City Council Members
FROM:
Teresa S. McBroome, Director of Finance/Treasurer Via Scott W. Huth, City Manager
DATE:
May 18, 2015
SUBJECT:
Resolution Approving Termination of the San Diego Pooled Insurance Program Authority (SANDPIPA) Joint Powers Authority and Amendments to the Joint Powers Agreement
REQUESTED ACTION/RECOMMENDATION: Adopt the proposed resolution approving termination of the San Diego Pooled Insurance Program Authority (SANDPIPA) Joint Powers Authority and Amendments to the Joint Powers Agreement. EXECUTIVE SUMMARY: The City participates in a joint risk liability insurance pool with 11 other local cities – Chula Vista, Coronado, Encinitas, Escondido, Imperial Beach, Lemon Grove, National City, Oceanside, Santee, Solana Beach and Vista for insurance above its self-insurance limit of $125,000 per claim. On March 26, 2015, after 9 of the 12 member cities submitted formal notice indicating their intent to withdraw from SANDPIPA in order to consider other options for their individual cities’ insurance programs, the SANDPIPA Board voted to: 1. Join the California State Association of Counties-Excess Insurance Authority (CSAC-EIA) as a group purchase for liability coverage at the members’ individual retentions effective July 1, 2015 for the Fiscal Year 2015-2016 program year, and 2. Adopt a Resolution (Attachment A) for a process to dissolve SANDPIPA beginning July 1, 2016, after which time each member city may stay with CSAC-EIA or consider other alternatives for liability insurance. Every member city is required to submit the resolution to its respective City Council for adoption by May 21, 2015. The resolution provides for changes to the SANDPIPA Joint Powers Agreement to allow for each member city’s board member to be involved in the dissolution process. Without this change, the dissolution would be managed solely by the Board’s executive committee, ________________________________________________________________________________________________________
City Council Action:
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which would limit the ability of member cities to have input on the claims administration process.
DISCUSSION/ANALYSIS: Upon the announcement of SANDPIPA’s General Manager’s retirement, the SANDPIPA Board discussed options about continuing the JPA. Options included backfilling the General Manager position, hiring a contractor to run the JPA, or dissolving the organization. At its March 26, 2015 Board meeting, the SANDPIPA Board decided to purchase group insurance through CSAC-EIA for one year to allow for each individual city to find other insurance alternatives. CSAC-EIA is a large JPA which provides insurance to approximately 1,800 agencies all over California. The City will continue to receive the same coverage of insurance (e.g. general liability, crime, cyber, pollution, and property). The only difference is that the City’s self-insured retention will be reduced from $125,000 to $100,000 per claim. There will be a decrease in the City’s annual contribution and the City will receive its share of equity in the form of dividends during the dissolution process. Staff recommends that the City Council approve the resolution for dissolution so that staff may begin looking for alternative insurance which may or may not include continuing with CSAC-EIA beyond this initial one-year term. FISCAL IMPACT: The City’s contribution for FY 2014-2015 is $172,198. If SANDPIPA had continued next year, the contribution would have been $206,638. The contribution for FY 2015-2016 is estimated to be $167,350. The City currently has a self-insured retention of $125,000 per occurrence with SANDPIPA. That amount decreases to $100,000 per occurrence with CSAC-EIA. ATTACHMENTS: Attachment A – Resolution Amending and Consenting to the Termination of the San Diego Pooled Insurance Program Authority (SANDPIPA) Joint Powers Authority Agreement Attachment B – San Diego County Cities Joint Powers Agreement for Risk Management and Related Insurance Coverages Creating the San Diego Pooled Insurance Program Authority for Municipal Entities (SANDPIPA) Attachment C – March 26, 2015
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ATTACHMENT A RESOLUTION 2015 - _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING AND CONSENTING TO THE TERMINATION OF SANDPIPA JOINT POWERS AUTHORITY AGREEMENT WHEREAS, the City of Del Mar (“City”) is a member of a joint powers authority, the “SAN DIEGO COUNTY CITIES JOINT POWERS AGREEMENT FOR RISK MANAGEMENT SERVICES AND RELATED INSURANCE COVERAGES CREATING THE SAN DIEGO POOLED INSURANCE PROGRAM AUTHORITY FOR MUNICIPAL ENTITIES (SANDPIPA)”; and WHEREAS, the SANDPIPA Board, representing the member agencies, has determined that it is in the best interest of SANDPIPA members and in the public interest that SANDPIPA should be terminated, and its assets distributed to members per the Joint Powers Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that: 1. The City hereby provides its written consent to the termination of SANDPIPA per Article 25 of the Joint Powers Agreement, effective July 1, 2016, with SANDPIPA to continue to exist for the purpose of disposing of all claims, distribution of assets, and all other functions necessary to wind up the affairs of the Authority. 2. The City hereby agrees to an amendment of the Joint Powers Agreement, substituting “the Board of Directors” for “The Executive Committee” in Article 25.B of the Joint Powers Agreement, so that powers of the Authority for purposes of winding up and dissolving the business affairs of the Authority will be vested in the Board of Directors. 3. The City hereby agrees to an amendment of the Joint Powers Agreement in Article 25.A adding “distribution of dividends,” after “disposing of all claims,” so that the Board of Directors is expressly authorized to continue to distribute dividends, in accordance with the “plan document” referenced in Article 26, during the period of winding up and dissolving the business affairs of the Authority. The following language is added to Section 25A: “Withdrawn or cancelled members are entitled to participate in dividend distribution after accounting for their Board determined share of administrative expenses.” 4. The City Clerk is directed to communicate this Resolution to SANDPIPA.
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Resolution No. 2015-____ Page 2 of 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held on the 18th day of May 2015. ______________________________ Al Corti, Mayor City of Del Mar APPROVED AS TO FORM:
________________________________ Leslie E. Devaney, City Attorney City of Del Mar ATTEST AND CERTIFICATION: STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF DEL MAR I, Andrew Potter, Administrative Services Director/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution 2015-______, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 18th day of May 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Andrew Potter, Administrative Services Director/City Clerk City of Del Mar
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ATTACHMENT C
SAN DIEGO POOLED INSURANCE PROGRAM AUTHORITY SANDPIPA SPECIAL BOARD MEETING MINUTES – March 26, 2015 ROLL CALL AND INTRODUCTIONS Board Members Present:
Also Present:
Chula Vista Coronado Del Mar Encinitas Escondido Imperial Beach Lemon Grove National City Oceanside Santee Solana Beach Vista
Gary Halbert and Bart Miesfeld Tom Ritter and Blair King Mark Delin and Scott Huth
Teri Enos-Guerrero Jerome Torres Teresa McBroome Jace Schwarm Jodi Vinson Douglas Bradley Mike James Stacey Stevenson Sharon L’Heureux Jodene Dunphy Marie Marron Berkuti Dolores Gascon
Sheryl Bennett and Clay Phillips Andy Hall Graham Mitchell Leslie Deese Patricia Nunez Pedro Orso-Delgado David Ott Patrick Johnson
Others Present: SANDPIPA General Manager SANDPIPA General Counsel Insurance Broker Insurance Broker Program Underwriter SANDPIPA Claims Counsel
Laura Seiler Byrne Conley Karen Worden Mike Simmons David Becker Jim Rinos
Also Present:
Jonathan Shull, CEO, California JPIA
The meeting was called to order at 9:30 am by SANDPIPA President, Sharon L’Heureux. She presented a chronology of SANDPIPA events leading up to today’s Board meeting, including the completion of an organization analysis, and strategic planning. At its February 19, 2015 Workshop on options to consider it was the consensus of the Board to bring back for further consideration: 1) Combination of Options C & D – Keep the current structure of SANDPIPA, join CSAC EIA at $1 million attachment up to $50 million in coverage, reduce SANDPIPA’s pool layer confidence level to 65% for the remaining $1 million pool portion, and return 50% of the available funds (dividend) or 2) Option E - Group purchase liability coverage from CSAC EIA GL1 program for FY15/16 at each member’s Self Insured Retention and start the run off process. SANDPIPA members would have the option to purchase directly from CSAC EIA for the FY 16/17.
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SANDPIPA’s General Manager, Laura Seiler presented a power point slide show describing each of the two coverage options that the Board had considered at the February 19, 2015 Board meeting. The presentation included discussion of costs of each option and estimated deposit contributions for each member that would be likely under each option, and what a runoff scenario might look like if SANDPIPA terminated the liability coverage program going forward. SANDPIPA’s Broker, Mike Simmons was asked to prepare and present a Breakeven Analysis using a 5 year scenario. David Becker, Program Underwriter, discussed the return of funds to the membership (dividends) over the run off period of years. SANDPIPA General Counsel, Byrne Conley discussed several opinion letters included in the agenda packet, confirming that the Board has authority to have SANDPIPA join CSAC for liability coverage, and described terms of the Joint Powers Agreement relating to termination of the JPA and distribution of assets. He noted that if the Board wanted to recommend to the member governing bodies that the insurance program and the Joint Powers Agreement be terminated, this should be accompanied by amendments to the Joint Powers Agreement confirming that the Board would retain control during the windup period, rather than the Executive Committee, so that each member retained a vote; confirming that the Board could continue to issue dividends under SANDPIPA’s dividend policy; and providing that withdrawn/cancelled members retained the right to participate in dividends, subject to a Boarddetermined allocation of administrative costs for the windup. Sample Resolution language was provided to the Board. Jerome Torres distributed a Call for the Vote outline to the membership. Motion One: Approve SANDPIPA joining CSAC-EIA as a group purchase for liability coverage at the members’ individual retentions in its GL 1 program effective July 1, 2015 for the 15/16 program year. The City of Chula Vista moved this option. The City of Coronado seconded the motion and the motion carried unanimously. Votes in favor: City of Chula Vista, City of Coronado, City of Del Mar, City of Encinitas, City of Escondido, City of Imperial Beach, City of Lemon Grove, City of National City, City of Oceanside, City of Santee, City of Solana Beach, and City of Vista. The second draft motion was to approve a Resolution provided in the agenda material to effectuate a dissolution process, effective July 1, 2016 and terminate SANDPIPA’s providing liability coverage. Resolutions are to be submitted to City Councils for all 12 member cities for approval by April 30, 2015. The Resolution language is as follows:
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Resolution
Be it resolved, by the City of __________. Whereas, the City is a member of a joint powers authority, the “SAN DIEGO COUNTY CITIES JOINT POWERS AGREEMENT FOR RISK MANAGEMENT SERVICES AND RELATED INSURANCE COVEAGES CREATING THE SAN DIEGO POOLED INSURANCE PROGRAM AUTHORITY FOR MUNICIPAL ENTITIES (SANDPIPA)”; and Whereas, the SANDPIPA Board, representing the member agencies, has determined that it is in the best interest of SANDPIPA members and in the public interest that SANDPIPA should be terminated, and its assets distributed to members per the Joint Powers Agreement; Now, therefore, the City hereby provides its written consent to the termination of SANDPIPA per Article 25 of the Joint Powers Agreement, effective July 1, 2016, with SANDPIPA to continue to exist for the purpose of disposing of all claims, distribution of assets, and all other functions necessary to wind up the affairs of the Authority. Further, the City hereby agrees to an amendment of the Joint Powers Agreement, substituting “the Board of Directors” for “The Executive Committee” in Article 25.B of the Joint Powers Agreement, so that powers of the Authority for purposes of winding up and dissolving the business affairs of the Authority will be vested in the Board of Directors. Further, the City hereby agrees to an amendment of the Joint Powers Agreement in Article 25.A adding “distribution of dividends,” after “disposing of all claims,” so that the Board of Directors is expressly authorized to continue to distribute dividends, in accordance with the “plan document” referenced in Article 26, during the period of winding up and dissolving the business affairs of the Authority. The following language is added to Section 25.A: “Withdrawn or cancelled members are entitled to participate in dividend distributions after accounting for their Board determined share of administrative expenses.” The City Clerk is directed to communicate this Resolution to SANDPIPA.
[Dated] [Signed] [Approved as to form]
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The City of Chula Vista expressed concern whether the allocation of administrative costs to withdrawn members meant that former members would be required to pay administrative costs indefinitely, and moved to add language after “administrative costs” “as it relates to distribution of funds.” There was discussion of whether claims runoff costs were administrative expenses under this language. Chula Vista asked whether, if the Resolution was adopted by members, the termination could be reversed. Byrne Conley advised that in his opinion there was no option in the JPA Agreement to rescind a termination of the JPA, once 9 of 12 members approved, it would operate only in windup mode per the Termination provision. Chula Vista therefore withdrew the proposed amendment. The City of Coronado moved to approve the motion as presented. The motion was seconded by the City of Encinitas and the motion carried unanimously. Votes in favor: City of Chula Vista, City of Coronado, City of Del Mar, City of Encinitas, City of Escondido, City of Imperial Beach, City of Lemon Grove, City of National City, City of Oceanside, City of Santee, City of Solana Beach, City of Vista. The next proposed motion was to approve extending the deadline for the rescission of Notices of Intent to Withdraw from April 1, 2015 to May 21, 2015. Staff pointed out that the placement of coverage through CSAC will allow for this because the broker will not need to know which members are withdrawing or rescinding notices of withdrawal, when approaching the commercial excess market for liability coverage. The SANDPIPA Board will still need to adopt a budget for the coming fiscal year, but can do so under an extended deadline. Further, if some members withdraw, the allocation of administrative expenses would be handled through the language of the Resolution making a charge against withdrawn members’ surplus, rather than reallocation of expenses to remaining members. The City of Coronado moved to revise the deadline to May 21, 2015. The City of Chula Vista seconded the motion and the motion carried. Votes in favor: City of Chula Vista, City of Coronado, City of Del Mar, City of Encinitas, City of Escondido, City of Imperial Beach, City of Lemon Grove, City of Oceanside, City of Santee, City of Solana Beach, City of Vista. Votes against: City of National City. The next proposed motion was to direct the General Manager to address the following outstanding items for presentation to the Board and discussion no later than June 30, 2015: Tail coverage, CALPers liability, disposition of outstanding claims, dividend payout as part of runoff, review of existing contracts, RFP for TPA and other matters. It was explained that these are issues that need to be addressed, and a plan should be discussed, but it was not necessary to reach a final conclusion on each topic before June 30, other than to ensure that tail coverage was in place so members did not face a gap in coverage. The City of Coronado moved to approve the motion. The City of Encinitas seconded the
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motion and the motion carried unanimously. Votes in favor: City of Chula Vista, City of Coronado, City of Del Mar, City of Encinitas, City of Escondido, City of Imperial Beach, City of Lemon Grove, City of National City, City of Oceanside, City of Santee, City of Solana Beach, and City of Vista GENERAL MANAGER REPORT – Lunch would be at the Bluewater Boathouse Restaurant adjacent to the conference room. Thank you all for attending. LEGAL COUNSEL REPORT – No additional legal report. MEMBER COMMENTS – No additional member comments. PUBLIC COMMENTS – Jonathan Shull, CEO of CJPIA provided information on his pool for consideration by the Board during the meeting and also during public comments. He advised that the California JPIA was interested in letting members know more about the CJPIA program. He thanked the Board for letting him address the meeting. ADJOURNMENT - The meeting adjourned at 12:00 p.m. Draft Minutes prepared by Byrne Conley, SANDPIPA General Counsel
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City of Del Mar Staff Report TO:
Honorable Mayor and City Council Members
FROM:
Kathleen A. Garcia, Planning and Community Development Director Via Scott W. Huth, City Manager
DATE:
May 18, 2015
SUBJECT:
Introduction of an Ordinance to Amend the Provisions of Del Mar Municipal Code (DMMC) Chapter 30.84 SIGNS (Zone Code Amendment ZA-14-007) to Allow and Regulate Blade Signs and Chalkboard (A-Frame) Signs and Modify the Calculations for the Permitted Sign Area
REQUESTED ACTION/RECOMMENDATION: Staff requests that the City Council receive the staff report and public testimony and introduce the ordinance (Attachment A) which amends the Zoning Code for Signage, Section 30.84 to allow and regulate Blade Signs and Chalkboard (A-Frame) Signs and modify the calculations for the Permitted Sign Area. DISCUSSION/ANALYSIS: At the July 7, 2014 City Council meeting, the City Council heard input from the Business Support Advisory Committee (BSAC) requesting consideration of changes to the Del Mar Municipal Code with regard to signage for commercial properties (Attachment B). The request was based upon a motion that passed unanimously at the June 24, 2014 BSAC meeting which requested modifications in the following areas: 1. Modifying the size of allowed signs so that they are more proportionate to building frontage (linear feet of frontage) rather than square feet of a business’ floor area, as are the current regulations. 2. Allowing additional signage, particularly Blade signage, as is used at the Del Mar Plaza, and was used historically in Del Mar. 3. Conducting proactive sign regulation enforcement, not only for signs that are nonconforming, but also for the upkeep of signs. 4. Allowing for Chalkboard/A-frame/Sandwich boards as temporary signage, upon approval. 5. Streamlining the Design Review process. On September 2, 2014, the City Council directed staff to work with the BSAC to address potential modifications to the DMMC regarding signage in the commercial zones, in particular to look at: 1. A linear frontage method of signage size calculation; ________________________________________________________________________________________________________
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2. Allowing and regulating Blade Signs; and 3. Allowing and regulating Chalkboard (A-frame/Sandwich Board) signage. The City Council also asked that the Planning Department develop a sign regulation enforcement program that followed a proactive outreach program to the business community but that this action wait until DMMC amendments, if any, were adopted so that such amendments could be included in the outreach program. Staff will undertake this at a later date following any code amendments, as directed by the City Council. The BSAC formed a subcommittee, researched programs from other cities and directed the contents of the Zoning Code Amendments. Staff has drafted the language to codify the request and it has been reviewed by the City Attorney for consistency with applicable law. In all cases, Administrative Sign Review permits remain in effect and will be required for any of the proposed signage. The proposed Amendments to Chapter 30.84 are shown in strikeout-underline format in Attachment C and consist of: 1) modifications to sign area calculations, 2) regulations for blade signs, 3) regulations for chalkboard signs, and 4) administrative remedies. A narrative of the Sign Code Amendments, as well as illustrations, is shown in Attachment D. ZONE CODE AMENDMENT REVIEW PROCESS & REQUIRED FINDINGS: This agenda item was reviewed by the Planning Commission at their April 14, 2015 meeting. Del Mar Municipal Code Section 30.86.220 requires that an action to amend the Zoning Code be accompanied by three specific findings. Those findings for support of the adoption of the Zone Code amendment are included in the Planning Commission Resolution 2015-03 in Attachment E. At that meeting, the Planning Commission adopted PC Resolution 2015-03 and made a unanimous recommendation to the City Council (4-0-0) to recommend adoption of the Zoning Code Amendment. The Planning Commission Draft minutes can be found in Attachment F. FISCAL IMPACT: The proposed code amendments would not in and of themselves result in any fiscal impacts. ENVIRONMENTAL IMPACT: The proposed Municipal Code Amendments are exempt from the California Environmental Quality Act (CEQA) per Section 15061 (b)(3) in that this action is not a project but is instead is limited to an amendment to the text of two chapters of the City’s Municipal Code. The amendments will not, in and of themselves, result in any physical development, and, therefore, will not have an impact on the environment. Any future
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development proposals pursued in reliance on the Municipal Code Amendments will be subject to their own, separate environmental review, as applicable. PRIOR CITY COUNCIL REVIEW: At the July 7, 2014 City Council meeting, the City Council heard input from the Business Support Advisory Committee and at the September 2, 2014 City Council meeting, the City Council directed staff to work with the BSAC to address a linear frontage method of signage size calculation, blade signs, and chalkboard signs.
ATTACHMENTS: Attachment A – Draft Ordinance Attachment B – BSAC Presentation of July 7, 2014 Attachment C – Redline Edits to DMMC Chapter 30.84 SIGNS Attachment D – Narrative of Sign Code Amendments Attachment E – Planning Commission Resolution PC 2015-03 Attachment F – Planning Commission Minutes (Draft) of April 14, 2015
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ATTACHMENT A
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING CHAPTER 30.84 OF THE DEL MAR MUNICIPAL CODE (SIGNAGE) REGARDING THE CALCULATION OF SIGN SIZE FOR PERMITTED SIGN AREA TOTAL FOR COMMERCIAL ZONES; THE ALLOWANCE OF BLADE SIGNS AND THE ALLOWANCE OF CHALKBOARD SIGNS. The City Council of the City of Del Mar, California, does ordain as follows: SECTION ONE: That Section 30.84.020 of the Municipal Code is amended to read as follows, with the remaining sub-subsections re-numbered accordingly: 3. “Blade Sign” shall be defined as a single or double-faced sign mounted perpendicular, or nearly perpendicular, from an exterior building wall or hanging from a support feature mounted perpendicular, or nearly perpendicular from an exterior building wall. 4. “Building Face” shall mean the outer surface of a main exterior wall. This excludes any projecting fins, columns, pilasters, canopies, marquees, showcases, patios or any other structure that does not directly contribute to the spaces’ floor area ratio. 5. “Chalkboard Sign” shall mean a single or double-faced moveable sign consisting of a smooth, hard panel for the display of changeable messages or copy as advertising for a commercial establishment, as regulated per this Chapter. 14. “Street Frontage” shall mean the total linear distance of which a building face fronts the street. Street frontage shall be measured as a straight, contiguous line parallel to the abutting street and shall not reflect articulation in a building face. Street frontage shall not apply to alleyways.
SECTION TWO: That Section Chapter 30.84.040 of the Municipal Code is amended to read as follows:
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30.84.040 Permitted Sign Area Total for Commercial Zones: On a lot zoned for commercial uses, one of the following methods shall be used to calculate the permitted sign area: 1. If a business has street frontage, the following calculation may apply: A. One square foot of signage per every one foot of street frontage associated with a business. B. For a building that fronts more than one street, each street frontage shall be calculated separately. The allowable signage area per street frontage is not transferrable to any other building face of said building. C. Total allowed signage area shall not exceed the following maximums: 1. The Beach Commercial (BC), Central Commercial (CC), Professional Commercial (PC) and Residential Commercial (RC) Zones shall have a maximum of 40 square feet; 2. The North Commercial (NC) and Visitor Commercial (VC) Zones shall have a maximum of 60 square feet. 2. If a business does not have street frontage, the following calculation shall apply: Floor area of Business
Sign Area Total
1,000 sq.ft. or less
10 sq.ft.
1,001-3,000 sq.ft.
15 sq.ft.
3,001 or more sq.ft.
20 sq.ft.
Additional Sign Area Allowance
5
B. Identification Sign
Maximum of 2 square feet per business space not to exceed a maximum of 26 square feet of sign area total so long as there is not more than one sign per each street or alley frontage.
C. Temporary Sign
Maximum 6 square feet displayed by each individual business.
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D. Gasoline Price Signs
Maximum of 8 square feet per each street or alley frontage. Such sign shall be in accordance to State Law. (Section 1353013540 of the California Business and Professional Code).
E. Blade Signs
Maximum of six (6) square feet of area displayed by each individual business with street frontage (sign message may repeat to be on both sides).
F. Chalkboard Sign
Maximum size ten and one half (10.5) square feet, with maximum dimensions of 30 inches in width by 42 inchesin height and limited to one chalkboard sign per establishment.
SECTION THREE: That Section 30.84.050, Subsection D of the Municipal Code is amended to read as follows: 7. Chalkboard Signs A chalkboard sign shall comply with all of the following: a) Installed/placed only during open business hours and removed at the close of business each day; b) Located entirely on private property, on the premises of the business establishment for which advertising is provided; c) Placed so as to not block access to a parking stall, drive aisle or pedestrian travel way; d) Limited to changeable message/copy for the advertisement of products or services available in the establishment for which advertising is provided; e)
Composed of a hinged A-frame structure;
f) Devoid of any strobe, blinking or flashing lights, electronic reader copy,
electronic animation, or
g) Devoid of any flags, balloons, pendants, flyers, handouts or other attachments; and
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h)
Is anchored or secured to maintain the sign in a stable, upright position.
SECTION FOUR: That Section 30.84.075, Subsection C of the Municipal Code is amended to read as follows: C. No sign Encroachment Permit shall be required for a blade sign which meets all of the parameters listed below. Parameters for exemption: 1. The sign has received all other required permits, including Design Review, or Administrative Design Review, as required by DMMC Chapter 23.08 or 23.09; 2. The sign complies with all applicable regulations chapter;
contained in this
3. The sign complies with the sign size parameters contained in the Sign Chapter of the Municipal Code; 4. The sign is installed so that the bottom of the sign is elevated a minimum of eight (8) feet above any adjacent sidewalk or walkway; 5. The sign does not extend within five feet of the vertical extension above any driving surface; 6. There is only one (1) blade sign per business for each street frontage of the business; 7. The sign is not an internally illuminated plastic (“can”) sign; and 8. The sign or sign support system does not extend more than four feet from the building wall, measured from the point at which the sign or sign support is attached to the building.
SECTION FIVE: This zone code amendment is adopted based on the following findings:
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1. There have been changed conditions since the previous zone code language became effective. The proposed zone code amendment would foster the City’s revitalization for a vibrant downtown, by redefining the manner in which the size of a sign may be calculated. The modification would allow for more flexibility of design, more consistency with proportions of any façade, and also allowing for more effective business signage. This goal is consistent with the Del Mar Community Plan which calls for developing signage which is well integrated into site design. 2. The proposed zone code amendment would serve to foster efforts for a vibrant, pedestrian oriented downtown area by allowing blade signs to be calculated in addition to the allowed signage area. The modified regulations would continue to require that the new blade signage will be in compliance with other city regulations intended to address aesthetic and safety considerations. 3. The proposed zone code amendment would serve to foster efforts for a vibrant, pedestrian oriented downtown area by allowing and regulating Chalkboard signs. The modified regulations would continue to require that the new Chalkboard signage will be in compliance with other city regulations intended to address aesthetic and safety considerations. 4. The Del Mar Community Plan calls for a vibrant commercial areas with commercial establishments to serve, among others, the residents of the community. The amendment to the zone code would foster revitalization efforts, thereby helping to achieve the goals of the Community Plan. SECTION SIX: This Ordinance was introduced on May 18, 2015. SECTION SEVEN: The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 1st day of June, 2015.
______________________________ AL CORTI, Mayor City of Del Mar
APPROVED AS TO FORM: ________________________________ Leslie E. Devaney, City Attorney City of Del Mar
ATTEST AND CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF DEL MAR I, ANDREW POTTER, Administrative Services Director/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. ____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 1st day of June, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _________________________________________ Andrew Potter, Administrative Services Director/City Clerk City of Del Mar
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ATTACHMENT B
CITY OF DEL MAR BUSINESS SUPPORT ADVISORY COMMITTEE ANNUAL PRESENTATION TO THE CITY COUNCIL JULY 7, 2014
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Motions passed by the Business Support Advisory Committee As of 6/24/14 (All were passed unanimously)
We recommend to City Council that the size of the Business Support Advisory Committee be reduced to up to 9 members and the removal of members that have missed more than 2 meetings without an excuse, and those 2 positions be filled.
We suggest to Council that extra parking needs to be included in the potential new City Hall proposal to offset the central business district parking issues.
We suggest that diagonal parking be installed where possible on Camino Del Mar to increase on street parking in an effort to limit the parking impact to residents. The reconfiguration could add 70 -100, much needed parking spaces on Camino Del Mar where the demand is the greatest.
We support Sharrow bike lanes in order to increase on-street parking and to make the streets safer for the many bicyclists moving through town.
We suggest the City of Del Mar create a parking management district that will help utilize private parking when it is not in use to help relieve parking problems, and such program would be voluntary to opt in.
We suggest that business owners encourage and manage employees to park in a designated employee area on-site or off-site (TBA) once a program is in place which will include a plan for safe passage to and from the parking area. * Pedestrian lighting is imperative for safety issues.
We suggest the City Council consider changing the current signage regulations with respect to the following areas: 1. Make the size of signs more proportionate perhaps basing size on linear footage. 2. Allow additional blade signage, as is used at the Plaza, and was used historically in Del Mar. 3. We would like the City to be proactive in sign regulation enforcement, not only for signs that are nonconforming, but also for the upkeep of signs. 4. Allow for A-frame/sandwich board, temporary signage upon approved applications. 5. Streamline the Design Review process With respect to the current parking ordinance, we recommend modifications to the following:
1. Parking Ratios:
We recommend that the parking requirements be relieved, in order to facilitate needed property improvements and enhance the ability of building owners to lease vacant spaces. • Restaurant use currently requires on-site parking based on square footage (1 stall:90 square feet). Because of the diversity of food establishments, some cities look at other means of calculation, such as number of seats. We suggest the ratio for restaurant use be reevaluated.
2. Use Categories • Section 30.80.030 identifies the number of permanently maintained offstreet parking spaces required, structured into 14 different categories. Some of these categories are repetitive or do not necessarily fit the types of businesses in Del Mar, and it does not identify “mixed-use” as a category. This is an increasingly prevalent type of development, as it promotes smart growth, and reduces vehicle dependency. It also allows a wide range of businesses to operate in the same space. We suggest a review and modifications of the use categories.
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4. In-Lieu Parking • Although there is in-lieu parking allowed in Del Mar, it is economically restrictive. Sections 30.80.170 F & G speak to a year-round shuttle system implemented by the City to transport public to off-site parking. The City may not allow more than 50 in-lieu parking spaces (there are currently 18 spaces authorized in the brief history of the program) without providing said shuttle and a parking facility. We suggest the City work with the Coastal Commission to modify or change these requirements if a new parking facility is built in the downtown area. 5. Valet Parking • We recommend valet parking be applied towards required on-site parking. 6. Maximized Utilization of Paved Surfaces We suggest the parking code be modified to allow on-site “tandem” or “stacked” parking, which increases parking density on private property. • Chapter 30.80 does not address “micro-stalls” (i.e. motorcycle or Smart Car parking). We suggest modifying the parking code to include a requirement for micro-stalls. 7. Off-Site Shared Use Parking • Within 30.80.160-A there is a requirement that an off-site parking area must be located no more than 500 feet from the building that the parking is intended to serve. We suggest this distance be increased or removed, to provide better flexibility for businesses to operate in Del Mar. • 30.80.160-C stipulates that an off-site parking area must have the same owner(s) as the parcel on which sits the building that the parking is intended to serve. Further, said owner(s) must enter into a minimum 15-year lease with the business that the off-site parking is intended to serve. In order to increase the potential of off-site parking arrangements. We recommend these stipulations be removed or modified. 8. Alternative Transportation Encouragements • Bicycling and ridesharing has a positive effect on reducing the number of vehicles on the road, and correlated parking demand. We recommend that the Parking code include a component requiring on-site bicycle parking and/or rideshare programs for businesses.
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ATTACHMENT C
Chapter 30.84 SIGNS 30.84.010 Purpose: A. The purpose of this Chapter is to reduce visual clutter, preserve the character and quality of the environment, achieve an aesthetically pleasing appearance for the City, and provide adequate opportunity to erect signs. In doing so, this Chapter intends to enhance the visual environment of the City, to eliminate traffic hazards, to include without limitation pedestrian traffic, hazards caused by improper signs, and to ensure that information is presented safely and effectively. [Ord. 616, 813, 830] B. This Chapter establishes a comprehensive system for the regulation of signs to promote the public safety, health, and welfare. The intent is to present a set of reasonable, non-arbitrary and nondiscretionary standards and procedures which will facilitate the improvement and protection of the environment by prohibiting the misuse of signs. C. It is the intent of this Chapter to further the greater public interest in allowing a property owner to identify the owner's and tenant's property and the activities, services, and products available thereon rather than having the property owner and tenant use allowable sign area to identify property, activities, services, and products located elsewhere. 30.84.020 Definitions A. Sign
[Ord. 782, 830]
1. "Balloons" are any inflatable object. 2. “Banner, flag or pennant” shall mean any cloth bunting, plastic, paper, fabric or similar material used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing or vehicle, not including governmental flags. Revised March 2014
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3. “Blade Sign” shall be defined as a single or double-faced sign mounted perpendicular, or nearly perpendicular, from an exterior building wall or hanging from a support feature mounted perpendicular, or nearly perpendicular from an exterior building wall. 4. “Building Face” shall mean the outer surface of a main exterior wall. This excludes any projecting fins, columns, pilasters, canopies, marquees, showcases, patios or any other structure that does not directly contribute to the spaces’ floor area ratio. 5. “Chalkboard Sign” shall mean a single or double-faced moveable sign consisting of a smooth, hard panel for the display of changeable messages or copy as advertising for a commercial establishment, as regulated per this Chapter. 3.6. “City Property” shall mean land, light standards, structures, or other property owned or controlled by the City. 4.7. “Community Event” shall mean an event held within the City oriented towards recreational, cultural, or civic activities, sponsored by the City or a nonprofit organization, and open for participation by the general public. 5.8. “Monument Signs” are a type of freestanding sign, as defined in this Chapter, wherein business advertising or identification is provided on or as part of the design of a thin, vertically aligned structure mounted on the ground, either with a solid base or on intermittent piers or supports. 6.9. "Sign" is any word, letter, placard, board, notice, logo, insignia, flag, or banner, and any or all devices, fixtures, structures, construction, cloth or backing which conveys a message in pictorial, symbolic, or worded form and which is intended to call attention to the site, or Revised March 2014
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used to advertise or promote the interest of any person, institution, business or product. 7.10. "Sign Area" is the entire area within a single, contiguous perimeter enclosing the extreme limits of a sign. The perimeter shall include all elements and ornamentation forming an integral part of the design of the sign and the sign structure. Where the sign is an integral part of a wall or awning, or any other supporting structure, the sign area shall include the smallest rectangular area which includes all letters, designs, logos, and other features and including all intervening and enclosed open spaces. The "sign area" of a double-faced sign is the area of one side only. The "sign area" of an inflated balloon is equivalent to the square of the maximum diameter. 8.11. "Sign Area Total" is the sum total of the areas of all signs on a lot that is regulated by this Chapter. 9.12. "Sign Height" is the total distance between the lowest grade adjacent to the base of the sign measured to the top of the highest sign element, including the sign structure. 13. "Sign Structure" is a structure which supports or is capable of supporting a sign. A sign structure may be a single pole or multiple poles, or may be designed as an integral part of the building or any combination thereof. 10.14. “Street Frontage” shall mean the total linear distance of which a building fronts the street. Street frontage shall be measured as a straight, contiguous line parallel to the abutting street and shall not reflect articulation in a building face. Street frontage shall not apply to alleyways. B. Sign Parameters
[Ord. 764, 782]
1. "Directional Signs" are signs which direct, point or guide, for example, without limitation: "office," "one way," "parking," "restrooms." Revised March 2014
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2. "External Lighting" is lighting from a source which is external to the sign that casts light upon the sign. 3. "Freestanding Signs" are signs which are supported by one or more columns, uprights or braces in or upon the ground. 4. "Identification Signs" are signs which identify the name of the building, street address, or the occupants/tenants located in the specific building or area. 5. "Internal Lighting" is lighting from a source coming from within the sign and includes, without limitation, neon lighting. 6. “New-Business Signs” are signs or banners used, installed or displayed so as to be visible from an adjacent property or a city right-of-way for the sole purpose of identifying the opening of a new business or change in the management of an existing business. [Ord.764] 7. "Off-Site Messages" are messages on signs which identify a use that is not occurring on the site; identifies an activity not occurring at the site of the sign; identifies a product not available at the site of the sign; or identifies a property located elsewhere than the site of the sign. 8. “Special Announcement Signs” are signs or banners used, installed, or displayed so as to be visible from an adjacent property or a city right-ofway for the purpose of advertising special events of a temporary nature. Examples include: promotions for non-profit events or daily business specials. [Ord.764] 9. “Temporary Signs” are signs used, installed or displayed so as to be visible from an adjacent property or a city right-of-way, continuously or intermittently, for a total duration of not more than sixty (60) days in a calendar year. [Ord.764]
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30.84.030 Permitted Residential Zones:
Sign
Area
Total
for
On a lot zoned for residential use, a property owner may post, erect, and maintain signs of a sign area total as follows: A.
Identification Sign
Maximum 1 square foot per dwelling unit displayed by each unit. For properties of 5 or more units, an additional maximum sign area of 12 square feet.
B.
Temporary Signs
30.84.040 Commercial Zones:
Permitted
Maximum 5.5 square feet displayed for each individual unit. Sign
Area
Total
for
On a lot zoned for commercial uses, one of the following methods shall be used to calculate the permitted sign area: 1. If a business has street frontage, the following calculation may apply: A.
One square foot of signage per every one foot of street frontage associated with a business.
B.
For a building that fronts more than one street, each street frontage shall be calculated separately. The allowable signage area per street frontage is not transferrable to any other building face of said building.
C.
Total allowed signage area exceed the following maximums:
shall
not
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1.
The Beach Commercial (BC), Central Commercial (CC), Professional Commercial (PC) and Residential Commercial (RC) Zones shall have a maximum of 40 square feet;
2.
The North Commercial (NC) and Visitor Commercial (VC) Zones shall have a maximum of 60 square feet.
2. If a business does not have street frontage, the following calculation shall apply. A.
Floor area of Business
Sign Area Total
1,000 sq.ft. or less
10 sq.ft.
1,001-3,000 sq.ft.
15 sq.ft.
3,001 or more sq.ft.
20 sq.ft.
Additional Sign Area Allowance B.
Identification Sign
Maximum of 2 square feet per business space not to exceed a maximum of 26 square feet of sign area total so long as there is not more than one sign per each street or alley frontage.
C.
Temporary Sign
Maximum 6 square feet displayed by each individual business.
D.
Gasoline Price Signs
Maximum of 8 square feet per each Revised March 2014
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street or alley frontage. Such sign shall be in accordance to State Law. (Section 13530-13540 of the California Business and Professional Code). E.
Blade Signs
Maximum of six (6) square feet of area displayed by each individual business with street frontage (sign message may repeat to be on both sides).
F.
Chalkboard Sign
Maximum size ten and one half (10.5)square feet, with maximum dimensions of 30 inches in width by 42 inches in height and limited to one chalkboard sign per establishment.
30.84.045 Permitted Sign Area Total for Outdoor Sales Operations. Notwithstanding the other provisions of this Chapter, the following regulations shall apply to signage for Outdoor Sales operations: [Ord. 718] A.
Allowable sign size:
1. 6 sq. ft. total of temporary signage per vendor stall, with such signage to be located within the perimeter of the individual vendor stall and installed so that no point of any sign exceeds 8 feet in height.
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2. 10 sq. ft. of permanent signage or 6 sq. ft. of temporary signage for identification of the outdoor sales operation itself. B. Temporary signage allowed pursuant to this section shall be exempt from the requirement for receipt of Design Review Permit. Permanent signage allowed pursuant to this section shall be subject to the receipt of a Design Review Permit in accordance with the provisions of the DMMC. 30.84.050 General Regulations: A. Except as allowed by the provisions of this Chapter, it shall be unlawful for any person to post, erect, or maintain any sign within the City. B. It shall be unlawful for any owner of real property within the City to allow the posting, erection, or maintenance on such person's property of any sign which is in violation of the provisions of this Chapter. C. Unless authorized by other provisions of the Chapter, it shall be unlawful for any person to post, erect, or maintain any sign within the public rightof-way without first obtaining a Sign Encroachment Permit from the Planning Commission in accordance with this Chapter. (See Sec. 30.84.075) [Ord. 616] D.
Criteria
1. No sign attached perpendicular to any building shall project more than 48 inches beyond the face of such building and any such projecting sign shall be a minimum eight feet above the finished grade below. 2. No sign attached perpendicular building shall exceed 20 square feet in size. 3.
to
any
Freestanding Signs
All freestanding signs shall be located in a landscaped area or planter. Revised March 2014
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No freestanding sign greater than three feet in total height shall be permitted except where: a) The building is setback from applicable property line by 20 feet or more; and
the
b) Sign height does not exceed 8 feet or 2/3 of the building height, whichever is less; and c) The sign is permitted upon a finding that it does not interfere with automotive or pedestrian sight lines. [Ord. 709] 4.
Balloons Balloons used as signs shall comply as
follows: a) Is considered a "Temporary Sign" and maintained for a duration of 30 days or less; b) Shall have a maximum diameter of no more than 12 inches when fully inflated; and c)
Shall
not
be
released
into
the
atmosphere. 5.
Lighting
a) Any sign may be lighted externally, provided that the source of the light shall not be visible from any adjacent property or the public right-of-way. b) Any sign may be illuminated internally so long as such internal illumination does not illuminate more than 25% of that sign's area. 6. A sign, and all of its supporting features, shall be maintained in a state of good repair and in accordance with the conditions of any permit issued for such sign. A sign or a portion thereof in need of repair shall be repaired or removed within 10 days of notification by the enforcement officer. Revised March 2014
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7. A Chalkboard following:
Chalkboard Signs signs
shall
comply
with
all
of
the
a) Installed/placed only during open business hours and removed at the close of business each day; b) Located entirely on private property, on the premises of the business establishment for which advertising is provided; c) Placed so as to not block access to a parking stall, drive aisle or pedestrian travel way; d) Limited to changeable message/copy for the advertisement of products or services available in the establishment for which advertising is provided; e) Composed
of
a
hinged
A-frame
structure; f) Devoid of any strobe, blinking flashing lights, no electronic animation, or electronic reader copy,
or no
g) Devoid of any flags, balloons, pendants, flyers, handouts or other attachments; and h) Is anchored or secured to maintain the sign in a stable, upright position. E. Prohibited Signs No sign maintained:
[Ord. 782]
shall
be
posted,
erected
or
1. so as to obstruct a clear view of the street from any intersecting street;
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2. so as to obstruct access to a public street from a driveway; 3. that moves, rotates, gives the illusion of movement, shimmers, blinks, involves a change of color or hue, flashes, or is intermittently illuminated; 4. that interferes with the effectiveness of or obscures any official notice; 5. that is placed on or projects above the roof of the structure on which the sign is constructed; 6. that is attached parallel to a building and projects more than 16 inches beyond the face of that building; 7. that interferes pedestrian sight lines;
with
automotive
or
8. that obstructs any door or fire escape of any building; 9. that obstructs free passage over any public right-of-way; 10. that would unreasonably obscure from public view existing, conforming signs on adjacent properties; 11. that are attached to utility poles, street light standards (except when specifically authorized in Section 30.84.080, subd. J), or trees; 12. that is posted or attached to a truck or vehicle which is parked so as to be used as a sign; 13. that is located within the public right-of-way unless approved in accordance with Section 30.84.075 of the Del Mar Municipal Code; and [Ord. 616] 14. that
presents
an
off-site
message
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except as otherwise permitted in Section 30.84.070. 30.84.055
Monument Signs
A. Monument signs shall comply with all of the following standards: [Ord. 830] 1. Monument signs shall be subject to the limitations regarding Freestanding Signs, as contained in this Chapter; 2. Monument signs shall not exceed eight (8) feet in height, measured from the topmost point of the sign down to the lower of the finished or natural grade level adjacent to the base or supports of the sign; 3. Monument signs shall not exceed two (2) feet in depth (thickness); 4. Monument signs shall not exceed 12 feet in width. 5. Only one monument sign shall be allowed per street frontage of the business for which the monument sign is being installed. B. Notwithstanding the other provisions of this Chapter, the measurement of the sign size of a monument sign shall be calculated as follows: 1. Where the business advertising and/or business identification messages (text, logos or other embellishments) are integrated into the construction material of the monument structure itself, the sign area shall be calculated as the smallest rectangle that can be applied around the perimeter of all of the advertising and/or identification messages (language logos, embellishments etc.), with such rectangle to include all intervening spaces between the advertising/ information messages. business
2. Where the business advertising and/or identification messages (text, logos or Revised March 2014
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other embellishments) are contained on a plaque, board or panel mounted or otherwise attached to the monument structure, the sign area shall be calculated as the size of the entire mounted panel. C. The "sign area" of a double-faced sign monument sign shall be calculated based on only one side (face) of the monument sign. D. The Design Review process to be implemented for monument signs shall in accordance with the regulations for Design Review of signage, as contained in the Del Mar Municipal Code. E. Any proposed lighting for illumination of a monument sign shall be included in the plans submitted for the design review process, as required under the DMMC. Additionally, any external lighting shall be designed and installed in a manner such that the light bulb, lamps or other source(s) of illumination are shielded so as to not be visible from adjacent rights-of-way or properties. F. In cases where a monument sign will include advertisements for two or more businesses, the submitted materials shall include a comprehensive plan for all materials and signage, so as to ensure consistency of design. 30.84.060 Design Review Sign Review Permit Required:
Permit/Administrative
Unless otherwise exempt pursuant to the provisions of this Chapter, the installation of new or replacement signage shall be subject to the receipt of a Design Review Permit or Administrative Sign Review Permit. [Ord. 709] 30.84.070 No Design Review Permit Administrative Sign Review Permit Required:
or
The following signs may be erected and maintained without first having obtained a Design Review Permit or Administrative Sign Review Permit, provided that the sign is erected and maintained in accordance with the standards of this Chapter. The Revised March 2014
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sign area of the signs identified below will not be included in calculating the sign area total of the property. [Ord. 709] A. Directional Sign. Directional signs not exceeding an area of one square foot so long as the sign is for on-site purposes and there is no more than one such sign for each street or alley frontage. B. Property Information. Signs for the purpose of advertising property for sale, lease or exchange, or advertising directions to the property by the property owner or agent may be displayed on real property owned by another with that person's consent if such signs are limited to the following information as permitted in State Law (Sections 712 and 713 of the Civil Code): 1. That the property is for sale, lease, exchange or presented for viewing by the owner or his or her agent. 2.
Directions to the property.
3.
The owner's or agent's name.
4. The owner's telephone number.
or
agent's
address
and
Nothing in this Section authorizes the display or placement of a sign on a public or private rightof-way. C. Temporary Signs. In all zones, a temporary sign may be posted, erected, or maintained in conformance with the provisions of this Chapter. D.
[This section is repealed.] [Ord. 656]
E. Cultural/Community Interest regulated per this Chapter. [Ord. 894]
Signs,
as
30.84.071 Maintenance of Signs - No Design Review Permit or Administrative Sign Review Permit Required.
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The performance of maintenance on a sign shall not require the receipt of a Design Review Permit or Administrative Sign Review Permit, provided such maintenance does not involve structural changes, or material or color changes to the sign. [Ord. 656, Ord. 709] 30.84.075 Sign Encroachment Required/Exemptions from Requirement
Permit
A. Unless otherwise provided in this Chapter, no sign shall be installed, posted, erected or maintained so as to encroach within a public rightwithout the prior receipt of a Sign of-way Encroachment Permit. [Ord. 813] B. Where a Sign Encroachment Permit is required, the Planning Commission shall serve as the issuing authority. C. No sign Encroachment Permit shall be required for a blade sign which meets all of the parameters listed below. For purposes of this section, a blade sign shall be defined as a single or double-faced sign mounted perpendicular, or nearly perpendicular, from an exterior building wall or hanging from a support feature mounted perpendicular, or nearly perpendicular from an exterior building wall. Parameters for exemption: 1. The sign has received all other required permits, including Design Review, or Administrative Design Review, as required by DMMC Chapter 23.08 or 23.09; 2. The sign complies with all applicable regulations contained in this chapter; 2. 3. The sign complies with the sign size parameters contained in the Sign Chapter of the Municipal Code;
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ATTACHMENT C
4. The sign is installed so that the bottom of the sign is elevated a minimum of eight (8) feet above any adjacent sidewalk or walkway; 5. The sign does not extend within five feet of the vertical extension above any driving surface; 6. There is only one (1) blade sign per business for each street frontage of the business; 7. The sign is not an illuminated plastic (“can”) sign; and
internally
8. The sign or sign support system does not extend more than five four feet from the building wall, measured from the point at which the sign or sign support is attached to the building. 30.84.076 Procedure A. An application for a Sign Encroachment Permit shall be submitted to the Department of Planning and Community Development on a form approved by the Director of Planning and Community Development. The application shall contain sufficient information and plans to permit review pursuant to this Chapter. B. The application shall be deemed to have been filed when: 1. The Director has determined that all required information has been submitted in proper form; and 2. The applicant has submitted to the City the required deposit regarding the processing fee. C. Within sixty (60) days after receipt of all required materials of the sign application, the Director of Planning and Community Development or a designated representative shall cause the filed application to be presented at a noticed, public hearing conducted by the Planning Commission.
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ATTACHMENT C
D. At least ten (10) days prior to the public hearing, notice shall be published and shall be mailed to property owners of record of real property within 300 feet of the project site. E. By resolution, the Planning Commission shall announce its determination which shall become final on the eleventh (11th) day following such determination. [Ord. 616] F. The decision of the Planning Commission to deny a permit may be appealed to the City Council in accordance with Del Mar Municipal Code Chapter 1.12. G. An applicant may seek judicial review of a final decision on any sign permit application, pursuant to California Code of Civil Procedure section 1094.8. This provision does not limit an applicant’s ability to seek judicial review by other means. 30.84.077 Standards The following standards shall be applied in review of Sign Encroachment Permit consistent with the Community Plan: A. A Sign Encroachment Permit shall be granted only when, because of special circumstances applicable to the property in terms of location or surroundings, the strict application of the sign regulations deprives such property of a privilege to post a sign for public view enjoyed by other property in the vicinity and under identical zoning classification. B. Any Sign Encroachment Permit shall be subject to such conditions as will assure that the grant of the permit will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. C. A Sign Encroachment Permit shall not be granted if the applicant's inability to post a sign
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ATTACHMENT C
on private property so that the message is viewable by the public; 1. Could be development plan; or
avoided
by
an
alternative
2. Is self-induced as a result of an action taken by the current property owner or a prior owner of the property. D. A Sign granted if:
Encroachment
Permit
shall
not
be
1. Granting the permit would authorize or legalize the maintenance of a public or private nuisance; or 2. The property can serve as a site for a sign whose access to public view is the same or better than the access enjoyed by other property in the vicinity and under an identical zoning classification. [Ord. 616] 30.84.078 Conditions A. The following conditions shall be imposed on all Sign Encroachment Permits: 1. Design Review Board approval of design through the guidelines of Chapter 23 of the DMMC; 2. City Traffic Engineer review potential nuisance to traffic and safety hazards; 3. Maximum specified so as to 30.84.040; 4.
for
size of the sign shall be be in compliance with Section
Maintenance of the sign;
5. noted; and
Specific location of the sign shall be
6. specified.
Hours per day for installation of sign
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ATTACHMENT C
B. Conditions imposed upon the granting of a Sign Encroachment Permit shall be set forth in a covenant executed by the property owner and recorded with the County Recorder. [Ord. 616] 30.84.079 Revocation of Sign Encroachment Permit In the event that one or more of the conditions imposed on the Sign Encroachment Permit is violated, the Director, upon notice to the permittee with an opportunity to present a response, may thereafter revoke the permit. The Director may reinstate the permit and impose additional conditions in conformity with the goals of the Chapter. [Ord. 616] 30.84.080 Exemptions from Chapter The following are exempt from the regulations of this Chapter. [Ord. 656] A. Official notices posted or issued by a court or other governmental body; B. Signs posted, erected or maintained by the City or other governmental agencies; C. A governmental flag so long as there are not more than three different, or more than one of the same governmental flags displayed on a lot of record, (flag poles must receive Design Review Board approval); D.
Religious symbols;
E. The display business premises;
of
merchandise
within
any
F. Signs which are located so as not to be visible from the public right-of-way, such as, without limitation, signs located in interior areas of shopping centers or commercial buildings. G. In all commercial zones, signs which are located within a structure and which are set back, in their entirety, 36 inches or more from the window, door or other transparent surface through which they are otherwise visible. Revised March 2014
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ATTACHMENT C
H. In all commercial zones, signs which are located within a structure where some or all of the sign is within 36 inches of a door, window or other transparent surface through which the sign is visible, and where such signs meet all of the following criteria: 1. Located such that no portion of the sign is directly attached to the window, doorway or other transparent surface through which the sign is visible from the public right-of-way; 2. No individual letter or number included within the sign is in excess of one-half (1/2) inch in height or width; 3. No individual sign for which a business claims the exemption provided in this subsection is greater than 1.25 sq. ft. in area; 4. The cumulative total area of the signs for which a business claims the exemption provided in this subsection is not in excess of 20 sq. ft.; 5. No portion of the sign is, in whole or part, internally lit; and 6. The sign conforms with all of the other regulations in this Chapter. I. Temporary seasonal decoration which is not used as a display of advertising. J. Signs and banners located on City Property [as defined in Section 30.84.020, subd. A, 3] and on street light standards in the public right-of-way in the Central Commercial (CC), and Public Facility (PF) zones, for the purpose of identifying the Downtown Village of Del Mar, or advertising a Community Event [as defined in Section 30.84.020, subd. A,4] provided the sign or banner meets all of the following criteria: [Ord. 764, 782] 1. Only one sign or banner identifying the Downtown Village of Del Mar, or advertising the Revised March 2014
32
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ATTACHMENT C
Community Event is placed on a single City Property, or street light standard in the public right-of-way, at any one time; a) The sign or banner on a single City Property shall be no greater than 64 square feet in area, or 4’ x 16’, of which a maximum of 10 square feet may be devoted to identification of sponsorship of the Community Event; and b) The banner on a single street light standard in the public right-of-way shall be no greater than 24 sq. ft. in area, 3’ x 8’; and c) The bottom of the banner on a street standard shall be installed at a minimum of 16 feet above the roadway. d) The applicant maintain all hardware.
shall
provide
e) The banner may be two shall be made of durable cloth or canvas.
sided
and and
f) All hardware installations, including mounting arms, shall be removed from the street light standards prior to November 24 each year to allow for City utilization during the month of December. 2. The sign or banner shall be installed no sooner than one (1) month prior to the date of the event being advertised and shall be removed no later than one (1) week following the date of the event being advertised; 3. The sign or banner shall not be placed in a manner that will cause an adverse impact on the health, safety or welfare of the public; and 4. The application for the sign or banner has been reviewed, and the Director of Planning and Community Development, or her/his designee, has determined that it is in compliance with the provisions of this Section.
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ATTACHMENT C
K. In all commercial zones, signs used and intended solely for the purpose of indicating whether an establishment is open or closed, provided the total area of the sign does not exceed two square feet and provided that any internal illumination associated with the sign be turned off between the hours of 10:00 p.m. and 6:00 a.m. daily. [Ord. 764] L. In all commercial zones, a new-business sign provided the sign or banner meets all of the following criteria: [Ord. 764] 1. The sign is installed only after the submittal of a complete City of Del Mar application for permanent business signage. 2. The sign is removed not later than 30 days following the date of approval of the permanent signage or installation of the approved permanent signage, whichever occurs first. 3. square feet.
The total sign area does not exceed 10
M. In all commercial zones, a single special announcement sign in each business lease space provided the sign meets all of the following criteria: [Ord. 764] 1. The total sign area does not exceed 81/2” by 14”. 2. No individual logo or letter exceeds 1” in height or width.
N. Cultural/Community Interest Signs [Ord. 894] 1. A Cultural/Community Interest Sign subject to the regulatory exemptions provided in this section shall meet all of the following parameters:
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ATTACHMENT C
a) The sign will provide information to the public about a cultural or historic site, structure or amenity; b) The Cultural/Community Interest Sign will not include any business advertisements; c) The maximum size of the Cultural/Community Interest Sign will not exceed two square feet (288 square inches); d) The Cultural/Community Interest Sign will be designed and constructed of a material so as to be durable and weather resistant; and e) The Cultural/Community Interest Sign will be attached to a building, rather than being a free standing, pole or monument sign. 2. The Director of Planning and Community Development (Director) shall be the designated City authority for a determination that a proposed Cultural/Community Interest Sign meets the parameters listed in this Section. 3. A written request for a determination that a sign qualifies as a Cultural/Community Interest Sign shall be submitted to the Director a minimum of 15 calendar days prior to installation of the Cultural/Community Interest Sign. 4. The Director’s determination on the request shall be made in writing within 15 days of submittal of a complete request. 5. The Director’s determination ministerial and, therefore, not appealable.
is
30.84.090 Abatement/Removal of Off-Premises Nonresidential Signs The City shall remove off-premise advertising display signs, as defined in the Outdoor Advertising Act, Business and Professional Code Section 5200 et. seq., in accordance with the provisions of Business Revised March 2014
35
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ATTACHMENT C
and Professional Code Section 5412 et. seq. which regulate removal and the payment of compensation (B&P Section 5412 through Section 5413). 30.84.100 Nonconformity/Abatement A.
Nonconforming Signs
1. Any on-premise sign which was lawful when erected and continues to comply with those prior regulations but which does not now conform to the regulations of this Code shall be deemed to be nonconforming. 2. It shall be unlawful for any person to expand a nonconforming sign, contrary to the provisions of this Code. Nothing in this Chapter shall prevent the normal maintenance and repair of any nonconforming sign or sign structure during its effective life. Normal maintenance or repair shall be limited to only the following: a) Routine cleaning and painting which does not alter any aspect of the sign including changes of message, colors and materials. b)
Replacing
nuts,
bolts,
screws,
or
nails. c) Re-leveling the structure without the addition of guy wires or struts for stabilization. 3. The extension, enlargement, replacement, or the rebuilding of a nonconforming sign is prohibited. 4. When the designation of a sign as a nonconforming sign expires, the sign shall thereafter be illegal. The designation as a nonconforming sign shall expire in accordance with the following schedule: Sign
Expiration
a. Residential
2-7 years from date of adoption of Revised March 2014
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ATTACHMENT C
current regulation and in accordance with B&P Section 5412.1 b. On-premise advertising display defined by B&P Section 5490
15 years from date of adoption of current regulation
c. Other signs
5 years from adoption of current regulation
5. For signs within subsection c above, if such sign has been allowed to be depreciated for tax purposes by the Internal Revenue Service and evidence is presented that the cost has not been fully recovered upon expiration of said five-year period, such sign may remain classified as a nonconforming sign until its cost has been recovered in accordance with the depreciation schedule on the date that the sign became non-conforming. Documentation necessary to establish the remaining or undepreciated value shall be presented to the Director, prior to the expiration of the initial five-year period. The Director shall determine the validity of the claim and establish a new expiration, as appropriate. Appeals from decisions of the Director may be appealed in accordance with the provisions of this Code. 6. On-premises advertising display signs within the provisions of the B&P Section 5499 may be deemed to be in conformance by the Director upon application of the sign owner. The decision of the Director may be appealed in accordance with the provisions of this Code. B.
Abatement of Nonconforming, On-Premise Signs
1. Nonconforming signs shall be removed or be brought into conformance with the regulations of this Code and the owner shall obtain all required permits for so doing upon the happening of any of the following: Revised March 2014
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ATTACHMENT C
a) Expiration nonconforming sign.
of
the
status
as
a
b) The use of the nonconforming sign or the structure upon which it is displayed has been abandoned by its owner, for a period of 91 days or more. c)
The
sign
has
been
more
than
50%
destroyed. d) If the building located upon the site is more than 50% remodeled, then the nonconforming sign must be made to conform with the provisions of this Code. e) The owner of the sign relocates or applies for permission to relocate the sign. f) The owner of the sign agrees with the City for its removal as of a given date. g) The sign is a danger to the public or is unsafe. 2. Removal by Purchase. The City may remove a nonconforming on-premise advertising display by paying fair and just compensation in accordance with the Business and Professional Code Section 5490 et seq. (B&P Sections 5491 and 5495) 30.84.110 Illegal and Abandoned Signs A.
A sign is illegal and shall be removed if:
1. It did not comply with the ordinance or regulations in existence at the time it was constructed, erected or initially used; or does not comply with the provisions of this Chapter and is not a nonconforming sign. 2. It was a nonconforming sign but its designation has expired. B. A sign shall shall be removed if:
be
considered
abandoned
and
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ATTACHMENT C
1. The use of the sign or the structure upon which it is displayed has been abandoned by its owner, for a period of 91 days of more. 2. The use that the sign is identifying has been abandoned for 90 days. 3. destroyed.
The
sign
has
been
more
than
50%
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May 18, 2015
Item 15
Attachment D
Attachment D Narrative of Modifications to DMMC 30.84 SIGNS ZA-14-007
1. Modifying the Method of Sign Area Calculations Currently, the amount of signage allowed in DMMC 30.84 is based upon the square feet of the business floor area: Floor Area of Business Total Allowable Sign Area 1,000 square feet or less 10 square feet 1,001 - 3,000 square feet* 15 square feet 3,001 or more square feet* 20 square feet *For lease space over 1,000 SF, verification is required The BSAC requested, and City Council directed studying, an optional method of calculation so that the total area of allowed signs could be more proportionate to the building frontage rather than solely the square footage of a business. This optional method of calculation would allow up to one (1) square foot of signage for every one (1) linear foot of street frontage. Some cities base their allowable size area on the business frontage, such as the City of Solana Beach which also allows one (1) square foot of signage for every one (1) linear foot of street frontage. This method of calculating allowed signage area is based upon locational criteria (street frontage) rather than business size or equity, and it does allow signage proportional to the business establishment’s façade. The BSAC agreed to cap the allowable signage at a maximum of 40 square feet, both as a maximum for cumulative amount of signage or for any one sign in the Beach Commercial (BC), Central Commercial (CC), Professional Commercial (PC) and Residential Commercial (RC) Zones because of its pedestrian nature. In the North Commercial (NC) and Visitor Commercial (VC) Zones, that maximum is proposed at 60 square feet. The cumulative amount of signage would not include the calculation of any Blade or Chalkboard signs. So that no business would lose currently allowed signage (such as a 3,000 square foot establishment that only had 10 feet of frontage), this method of calculation would be optional, and the existing method of calculation by floor area of business (shown above) would remain as an option. Street frontage and building face are defined to include frontages on primary and side streets but not alleys. Building area that comprises street frontage must also contribute to the calculated FAR of the building, and not include trellises, overhangs, outdoor dining or other, non-FAR square footage. Buildings without street frontage remain in the Floor Area of Business sign calculation formula already existing in DMMC 30.84.
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May 18, 2015
Item 15
Should this language be adopted, the City will also update the Applicant Guides that describe the methods of calculations. An illustration of the street frontage calculation is shown in Exhibit A. 2. Additional Blade Signage in the Commercial Zones The BSAC has requested consideration of pedestrian-oriented Blade Signs as additional signage for storefronts. Blade signs are typically single or double-faced signs mounted perpendicular from an exterior building wall. They are intended to provide pedestrian oriented signage to those travelling on the sidewalk, rather than the signage on the face of the building, which is often oriented for the automobile. Currently, the DMMC allows a “blade” sign, however its size is counted towards the overall sign area allowed in Section 30.84.040. Blade signs are also currently allowed to encroach into the public right-of-way, such as over a sidewalk, and the approval process can be a ministerial approval through DMMC 40.84.075, if it meets the clearance and compliance standards. In any case, it must be mounted a minimum of eight (8) feet clear above the sidewalk, and pursuant to the existing DMMC, cannot exceed 20 square feet in size. The major impediment to utilizing Blade Signs for commercial identification, according to the BSAC, is the cap on total square feet of signage. A standard Blade Sign geared for pedestrian visibility ranges between four (4) and ten (10) square feet, depending on the design and graphics. This amount of signage can rapidly diminish the allowable sign area remaining for a building wall sign that is geared to the automobile, and is frequently sacrificed in order to facilitate the building wall sign. Being that the two types of signage (blade and wall) have different audiences (pedestrian and automobile) and that Del Mar is looking to improve the pedestrian experience, the draft DMMC language (DMMC 30.84.040.2E) would allow an addition of a maximum of six (6) square feet of pedestrianoriented blade signage pursuant to the existing requirements of the DMMC. 3. Chalkboard Signage Currently, the DMMC does not allow Chalkboard signs (also known as A-frame or Sandwich Boards) as either temporary or permanent signage. The BSAC requested that these be allowed with regulations. The BSAC identifies that Chalkboard Signage would be beneficial for restaurants or other businesses to advertise specials or seasonal menus. Many cities restrict or do not allow Chalkboard signs, A-frames or Sandwich Boards, especially in the public right-of-way, based on public safety and nuisance. This type of signage is of concern as it can increase visual clutter, impede pedestrian travel, interfere with safe egress from parked cars or restrict access of disabled citizens. By contrast, Chalkboard or similar signs are desirable because they can provide pedestrian interest and enliven the walking experience, promote seasonal activities or specials, provide direction, are relatively inexpensive and easily changed, and increase
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May 18, 2015
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advertising. Currently, there are many, unregulated Chalkboard or A-Frame type signs that often interfere with pedestrian traffic. In that Del Mar is looking to improve the pedestrian experience, the draft DMMC language (DMMC 30.84.040.2F) would allow a maximum of one (1) pedestrian-oriented Chalkboard sign per establishment, and no larger than ten and one-half (10.5) square feet, pursuant to the following requirements: a. Maximum dimensions: 36 inches wide by 42 inches tall; b. Installed/placed only during open business hours and removed at the close of business each day; c. Located entirely on private property, on the premise of the business establishment; d. Placed so as to not block access to parking, drive aisle or pedestrian travel way; e. Limited to changeable message/copy for the advertisement of products or services available in the establishment for which advertising is provided; f. Composed of a hinged A-frame structure; g. Devoid of lights, animation or electronic reader copy; h. Devoid of any flags, balloons, handouts or other attachments; and i. Is anchored or secured to maintain the sign in a stable, upright position. 4. Additional DMMC Amendments Proposed for Remediation During the process of DMMC review, staff identified the need to also modify Section 30.84.075: Sign Encroachment Permit Required/Exemptions from Requirement. The modifications are purely housekeeping in nature, in that it relocates the definition of blade signs to the Definitions section, Section 30.84.020; corrects a numerical bullet in 30.84.075.C2; and corrects a discrepancy between Section 30.84.075.C8. and Section 30.84.050.D1, so that both sections identify the maximum projection of any sign attached perpendicular to the building to be no more than 48 inches/four (4) feet. Exhibit A – Calculation of Street Frontage
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May 18, 2015
Item 15
EXHIBIT A
Chapter 30.84 Signage Revisions How Signage Square Footage is Calculated: Current Method (A): Allowable square feet for signage is calculated based on the square footage of the lease space. Proposed Additional Method (B): Allowable square feet for signage is calculated by allowing one square foot of signage per linear foot of building face with street frontage (alleys not included). The building face must contribute to the suites’ Floor Area Ratio (e.g. A dining patio along the street that is exempt from F.A.R. will not contribute to this calculation). If a building space has more than one street frontage, each face will be calculated individually (e.g. if a building has 20 feet of street frontage on two sides, it may not have ONE 40 ft. sign). Method “B” is shown in GREEN. This method also provides two size maximums, the Beach Commercial (BC), Central Commercial (CC), Professional Commercial (PC) and Residential Commercial (RC) Zones shall have a maximum of 40 square feet and the North Commercial (NC) and Visitor Commercial (VC) Zones shall have a maximum of 60 square feet.
10 Square Feet
Method B:
40 Square Feet
Method B Street Frontage One (A,B & C):
25 Square Feet
Method B Street Frontage Two (D):
15 Square Feet
A
Prospective Building B C 25’ of Street Frontage
D
15’
Street
Method A:
Sidewalk
Allowed Signage Per Method:
Sidewalk Street
DIAGRAM FOR CONCEPTUAL PURPOSES ONLY
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May 18, 2015
Item 15
Attachment E RESOLUTION NO. PC-2015-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DEL MAR, CALIFORNIA, RECOMME,NDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING DEL MAR MIJNICIPAL CODE CHAPTER 30.84 SIGNS TO ALLOW A LINEAR FOOT METHOD OF PERMITTED SIGN AREA CALCULATIONS, ALLOW AND REGULATE CHALKBOARD SIGNS, AND ALLOW AND REGULATE BLADE SIGNS. WHEREAS, the City of Del Mar, on behalf of the City's Business Support Advisory Committee (APPLICANT) submitted an application for Zoning Amendment ZAI4-007, a recluest to ¿mend Del lvfar Municipal Code (DMMC) Chapters 30.84 SIGNS to allow additional method of calculating permitted signs, allow and regulate chalkboard signs and allow and regulate blade signs; and
V/HEREAS, on April14,2015, the Planning Commission of the City of Del Mar held a public hearing on application ZÃ14-007, at which time all persons desiring to be heard were heard; arrd
WI{EzulAS, evidence was subrrritted and considered to include without limitation: a. lìta.ff report dated April 14, 2015, which. with along with rts attachments, is incorporated by this reference as though fully set forth herein; b' oral testimony from Staff, the Business support Advisor¡' committee as Applicant' and the public; and d. Additional information submitted during the hearing.
WIIERIIAS, the Calif-ornia Environmental Quality Act (CEQA) applies only to projects which have th¡: potential for causing a significant effect on the environment. Pursuant to CtrQ.A liuiclelines Section 15061(bX3), where it can be seen with certainty that there is no possibility tha"t the activit-"- in question may have a significant effect on the environment, the activity is not srrb.iect to Ctri2a. The Planning Commission has determined that there is no possibility the proposecl amendment may have a significant effect on the environment and accordingly, the exemption set forth in Section 15061(bX3) applies. and WHEREAS, the City of Del NIar Flaruring Commission finds:
1.
There are changed conditions since the previous zoning became effective to warrant other or adCitional zoning.
FACTII: There have been changed economic conditions since the previous zone code language became efTèctive. The proposed zone code ameudment would foster the Ciry's r.:vitalization for a vibrant downtown, by redefining the mannel in which the size of'a sign may be calculated. 'Ihe modification would allow for more flexibility ol' rlesìgn, more cr:nsistency with proportions of any façade, and also allowing for rnore effective business signage. This goal is consistent with the Del Mar Corrrmunity Plan u'hich calls ior developing signage which is well integrated into site design. The prt-rposed zcne ccde amenr1nlent .¡tould further serve to foster efforts f'or a vibrant, peCestrian oriented downtown area by allowing and regulating blade sigus as well as
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May 18, 2015
Item 15
Resolution No. PC-20 1 5-03 RegaLding ZA14-007
Page2
of2 chalkboard signs to be calculated in addition to the allowed signage area. This could contribute to more busitress success ancl pedestrian enhancements.
2.
The granting of such zoning will be in the interest or furtherance of the public health, safet,"-', ,ro-fo.t, convenience and general welfare, and will not adversely affect the established character of the surrounding neighborhood, nor be iniurious to other properties in the zone. FACTS: The amended regulations would continue to require that the new signage will be in compliance with other city reguiations intended to address aesthetic and safety considerations. The amended regulations would determine locations of such chalkboard signs in order to maintain clear pedestrian paths of travel.
3.
The gralting of such zoning conforms to the general purpose, planned use and.intent of,the adopied Community Plan, or any ordinance, regulation, or plan in effect to implement said Commrinit¡' Plan"
FACTS: The Del Mar Comrnunity Plan calls for vibrant comrnercial areas with commercial establishments to serve, among others, the residents of the community. The proposed zoning code amendment would foster revitalization efforts, thereby helping to achieve the goals of the Community Plan.
NOV/. 'I-HEREFORE, BE IT RESOLVED that the Planning Commission of the Crty of Del h{ar rloes fuereb}/ recomlnend that the City Council adopt the attached ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapter 30.84 SIGNS to allow additional me¡ihocl or" cal¿ulating permitted signs, allow and regulate chalkboard signs and allow and reguiate blade signs.
pASSED AND ADOPTED by the Planning Commission of the City of Del Mar, this 14th day of April 2015, by the following vote:
AyES:
Chair Bakker, Vice Chair Curtis, and Commissioners Sanquist and Corcoran
NOES ATJSENT:
ABSTAIN:
Del
Cornmissi.on
Kathleen A. Garcia Director of Planning and Communit-y Development
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May 18, 2015
Item 15
Attachment F
City of Del Mar Planning Commission Tuesday, April 14, 2014 Action Minutes
ROLL CALL – 6:00 p.m. Present: Chair Bakker, Vice Chair Curtis, Commissioners Corcoran and Sanquist Absent: None Staff: Planning Director Garcia, Associate Planner Smith APPROVAL OF MINUTES None. UPDATE: Planning and Community Development Director Garcia stated that City Council selected the architecture firm Miller Hull for the design of the new City Hall/Town Hall and that they have a Meet and Greet event planned for 5pm on May 4th right before the City Council Meeting. Commissioner Curtis asked if the financing of the project had been chosen. Planning and Community Development Director Garcia explained that the financing of the project is still being determined. PLANNING COMMISSION/STAFF DISCUSSION (Non-Application Items) Senior Analyst Terwilliger gave an update on the City’s parking management plan. HEARING FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA (Oral Communications) None. DISCUSSION AND BRIEFING (Application Items) Senior Planner Bator noted that Item #1 TTM14-001 was not eligible for the Consent Calendar. CONSENT CALENDAR: None.
City of Del Mar, 1050 Camino del Mar, Del Mar, CA 92014 Phone: 858-755-9313 Fax: 858-755-2794
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May 18, 2015
Item 15
Planning Commission Minutes
Tuesday, April 14, 2015 Page 2 of 8
NEW APPLICATION(S): ITEM 1 TTM14-001 CDP14-019 CUP15-003 Item Approved
APN(S): 298-241-06, 298-241-07, 299-030-14 Location: 929 Border Avenue Applicant: Manuel Nieto Owner: Carol Anne Lazier Zone: R1-40 Overlay Zones: Bluff, Slope and Canyon Overlay Zone, Coastal Bluff Overlay Zone, Beach Overlay Zone, Lagoon Overlay Zone Environmental Status: Draft Mitigated Negative Declaration (EA14-001) Staff Contact: Matt Bator, AICP, Senior Planner Description: A request for the Planning Commission’s recommendation of [City Council] approval for: a Tentative Tract Map, Coastal Development Permit and Conditional Use Permit to subdivide an existing 6.9 acre site into five (5) individual single-family residential lots west of Camino del Mar, with access off Border Avenue, and one (1) nonbuildable .66 acre lot east of Camino del mar. The Planning Commission will also consider a recommendation to the City Council on certification of an associated draft Mitigated Negative Declaration (EA14-002). * Note: This project is located in the Coastal Commission’s appeals area. Item moved to the end of agenda.
Senior Planner Bator presented the staff report. Vice Chair Curtis asked what the waiver on shoreline protection devices entailed. Senior Planner Bator explained that as a part of the City’s Local Coastal Program, anyone who builds in the Coastal Bluff Overlay Zone must give up their right to install any shoreline protection to protect against shoreline retreat. Chair Bakker asked if the CUP for grading was only for lots 1, 2 and 3 or if it was for 4, 5 and 6 also. Senior Planner Bator stated that the applicant would have to obtain a (future) separate grading permit and that, at that time, the Planning Commission might have to determine if the grading would be close enough to the coastal bluffs to require a Conditional Use Permit. He then explained that lot 6 will be devoid of any construction or development. Chair Bakker asked at what point the CEQA review or MND would have to be reviewed again by the Planning Commission. Senior Planner Bator explained that the certified documents would have to be supplemented if the proposed development did not fit within the previous scope of work on which the documents were created.
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Chair Bakker stated that he would be able to approve this item if there were no grading or vegetation removal proposed. Chair Bakker asked if the easement on the sandy beach below the bluff would roll back if the bluff were to erode. Senior Planner Bator stated that there is nothing in place to allow that at this point but pointed out that it was a condition that the Planning Commission could apply to the project. Chair Bakker asked if all grading will be removed from the map. Senior Planner Bator stated that all of the grading would be removed from the map. Commissioner Corcoran asked if lot 6 on the proposed map is maintained by the city or if it will be maintained by the HOA of the new development. Senior Planner Bator stated that it is undetermined at this point. Chair Bakker asked Senior Planner Bator to go through the approval process of the project. Senior Planner Bator explained that after Planning Commission makes a recommendation on the tentative map and the MND, they will go to City Council for map approval and Certification of the MND. Then there is a two-year expiration date for the conditions to be met, then a final map is created and lastly the City Council approves the final map. Disclosures Chair Bakker visited the site and met Sam Blick and Manuel Nieto. Commissioner Corcoran no disclosures. Commissioner Sanquist visited the site and met Sam and Manuel. Vice Chair Curtis visited the site and met Sam and Manuel. Sam Blick, Applicant’s representative, explained the objectives of the applicant and the purpose of splitting the land. He also reiterated that it is not really a development project in the sense that it is only a splitting of land and all development proposed in the future will be put before the Commission and Design Review Board under separate review. Commissioner Corcoran asked if any other options were explored for vehicular ingress and egress. Sam Blick explained that there were other options discussed but they were not feasible for various reasons. Chair Bakker asked if the applicant is fine with the conditions from the Planning Commission that all grading and landscaping references be removed from the map. Sam Blick explained that there is no objection to the conditions. Vice Chair Curtis asked if all of the lots will be designated for single-family homes.
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Senior Planner Bator stated that the current zone would only allow development of single-family residences on the proposed lots. Manuel Nieto, 418 3rd Avenue, asked if they remove grading from map if the CEQA document still covers that scope of work. Senior Planner Bator explained that it would still be covered. Chair Bakker stated that the applicant recognizes that they will have to be sensitive within the setback areas when they do decide to develop the land with grading and drainage. Public Hearing opened Ross Gilbert, 101 Border Avenue, expressed concerns based on his experience that the traffic is abnormal in the area, causing multiple deaths. He does not think that the access drive road can handle the new amount of traffic. He also went through the history of his lot and the area around his lot pertaining to the proposed subdivision and traffic conditions along Border Avenue. Chair Bakker asked if the City Engineer has reviewed the traffic plans. Senior Planner Bator stated that the Engineer has reviewed the proposed plans and that the improvements would include the slight widening of that access road, all within the City’s right-of-way. Linda Maher, 157 South Shore Drive, stated that she has major concerns about lots 1, 2 and 3 due to bluff recession. She also stated that she does not believe that 40 feet is a reasonable setback for public access along the bluff. Rebuttal Manuel Nieto explained that he is expanding the road to 24ft. wide and that they will allow room for a turnaround in the cul-de-sac by placing the gate far enough back to allow for that type of access and turn-around. Public Hearing Closed Deliberation Commissioner Sanquist stated she is in favor of sending it to City Council and that she is also in favor of a rolling easement at the bottom of the bluff. She also said she agrees with the requirement for a public access easement across the top of the bluff. Vice Chair Curtis explained that she doesn’t know if a 40ft. setback is enough but wasn’t sure when that determination was supposed to be made. She then stated that she believes the applicant is within their rights to subdivide the property and understands the neighbors concern and would like to see them mitigated. Senior Planner Bator explained that all of the proposed traffic improvements would require City Council authorization through a major Encroachment Permit application and
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that would be the proper time for that issue to be addressed. Vice Chair Curtis asked what is meant by the road being a private access road on public land. Senior Planner Bator stated that it is on public right-of-way but it is not maintained by the City but unofficially by the residents that use that road. Chair Bakker asked if the regulations were different for public and private roads. Senior Planner Bator explained that there are fire regulations that must be met for emergency purposes. He also stated that the road improvements would have to be made before the approval of the final map. Commissioner Corcoran asked if Ross Gilbert had an opinion on the proposed traffic improvements. Ross Gilbert explained that the proposed traffic improvements are not adequate and will not help control the traffic problem that already exists and believes there are many alternatives. He also stated that other options were discussed about developing the whole bluff and allowing access to the lots from Sierra mitigating the traffic concerns. Sam Blick stated that it is a very dangerous area with regard to traffic and said that if the Planning Commission allows this lot split then the traffic issues are also something that can be mitigated in the future when there is development. Chair Bakker explained that everything before them is within the rights of the applicant and that the future development will be restricted by the overlays and other discretionary bodies. He also stated that he would like to see all grading and landscaping references removed from the map and that a rolling public access easement placed on the sand below the bluff to allow public usage if the bluff were to move east. Senior Planner Bator stated that the chair would need to suggest the rolling easement as an amendment to the proposal. Chair Bakker asked the applicant if they would amend their proposal to include a rolling easement down below the bluff. Sam Blick stated that he is not prepared for that amendment at this time but is willing to investigate it. Vice Chair Curtis reiterated the need for traffic improvements. Senior Planner Bator explained that the City Engineer has not added any additional conditions to the project for traffic measures. Chair Bakker asked who would be responsible for the maintenance of the roads. Senior Planner Bator stated that the road would be maintained by the subdivision at a minimum.
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Ross Gilbert explained that he thinks that the traffic should be solved before the project goes to City Council. Jason Barry, Ross Gilbert’s representative, asked if the expansion of the roadway would require the properties to the north to give up land in order to complete that expansion. Senior Planner Bator stated that they would not. Sam Blick reiterated that the traffic concerns could be mitigated by allowing this subdivision to occur and then requiring the applicants to pay for the improvements. MOVED BY VICE CHAIR CURTIS, SECONDED BY COMMISSIONER SANQUIST TO RECOMMEND CITY COUNCIL APPROVAL OF TTM14-001, CDP14-019, CUP15-003 AND CITY COUNCIL CERTIFICATION OF THE DRAFT MITIGATED NEGATIVE DECLARATION. MOTION APPROVED VOTE: 4-0
ITEM 2 ZA14-007 (Zoning Code Amendment)
APN: NA Location: City-wide Applicant: Business Support Advisory Committee, City of Del Mar Zones: RC, CC, BC, NC, PC and VC Environmental Status: Exempt Contact Person: Kathleen Garcia, Planning and Community Development Director Description: A request to amend Del Mar Municipal Code Chapter 30.84 (Signage) to allow permitted chalkboard and blade signs in all commercial zones and modify the method for calculating the allowable size of signage.
Item moved to the beginning of agenda. Planning and Community Development Director Garcia presented the staff report. Chair Bakker asked if in addition to the sign on the building face, a business could have a blade sign and A-frame sign. Planning and Community Development Director Garcia stated that a business could have an additional blade sign but that the allowance for an A-frame sign depends on whether or not a business has enough space to place it completely on private property. Vice Chair Curtis asked if the signage regulations are enforced currently and stated that she might have a problem with letting all signs be enlarged. Planning and Community Development Director Garcia explained that for a time, the regulations were not as strictly enforced due to the previous downturn in the economy but they are starting to regulate signage more heavily now. She then explained that all
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new signs and expanded signs would still have to go through the Administrative Sign Review (ASR) process. Commissioner Corcoran asked if the rule about signage relating to businesses was only for real estate purposes. Planning and Community Development Director Garcia stated that it was not intended to be used for the purpose of posting open house flyers. . Disclosures Chair Bakker none. Commissioner Corcoran none. Commissioner Sanquist none. Commissioner Curtis none. Daniel Schriber, 1552 Camino del Mar, explained that the proposed code amendment is a compromise between citizens and businesses and the main goal is to support local businesses. He also stated that making the signs proportionate to buildings is important and that the regulation of temporary signage is also a concern. Chair Bakker asked if the blade signs were proposed to be on City property. Planning and Community Development Director Garcia explained that there is an allowance for blade signs to extend out from building face over a public right-of-way, but with limitations related to size and installation height above sidewalks. Commissioner Corcoran asked if the Solana Beach fee was a flat fee or deposit based. Planning and Community Development Director Garcia said she is unaware of the fee in Solana Beach. Chair Bakker asked how many signs end up needing DRB approval. Senior Planner Bator answered by saying that objections to signs are fairly rare and they do not frequently have to go for review by the DRB. Chair Bakker asked how signs are required to be maintained. Planning and Community Development Director Garcia explained that they signs must be maintained and it is based off of public complaints. Public Hearing opened None. Rebuttal None. Public Hearing Closed
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Deliberation Commissioner Curtis asked if the linear calculation idea was based off of another city’s regulations or if it was comparable to another city. Planning and Community Development Director Garcia stated that Solana Beach, Encinitas and Carlsbad all use similar calculations. Chair Bakker asked what will happen when A-frame signs are placed in the public rightof-way. Planning and Community Development Director Garcia reiterated that City Council was requesting a more proactive approach to code enforcement and that if the signs were placed in the right-of-way, they would have to be removed by the business owner or by the Code Enforcement Officer. Vice Chair Curtis stated that she wishes that she had a better understanding of the size but explained that as long as there is still a measure of design review for the new signs, she is in favor. MOVED BY COMMISSIONER SANQUIST, SECONDED BY VICE CHAIR CURTIS TO RECOMMEND CITY COUNCIL APPROVAL OF AMENDMENT ZA14-007 TO CHAPTER 30.84 OF THE DEL MAR MUNICIPAL CODE. MOTION APPROVED VOTE: 4-0 ITEM 3 V14-008
Prior to the meeting, item continued, datecertain to the May meeting.
ADJOURNMENT:
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APN: 299-134-03 Location: 2007 Santa Fe Ave. Owner/Applicant: Jeff Kelley Owner Agent: Bob Scott, RJS Planning Zone: RM-West Overlay Zone: Floodplain Overlay Zone Environmental Status: Exempt Contact Person: Matt Bator, AICP, Senior Planner Description: A request for a Variance from Del Mar Municipal Code (DMMC) Section 30.86.090 to allow a previously constructed concrete retaining wall within a required easement and Section 30.86.200 to allow previously constructed permanent landscape features in the required front and street side yard setbacks and roof overhang projections into the required front, street and side yard setbacks.
6:45 P.M.
May 18, 2015
Item 15
City of Del Mar Staff Report TO:
Honorable Mayor and City Council Members
FROM:
Adam Birnbaum, Planning Manager Via Scott W. Huth, City Manager
DATE:
May 18, 2015
SUBJECT:
Establishment of an Ad-hoc Development Review Process Citizens’ Advisory Committee and Direction on the Make-up and Selection Process for Committee Members
REQUESTED ACTION/RECOMMENDATION: Adopt the proposed resolution to establish an Ad-hoc Development Review Process Citizens’ Advisory Committee and direct staff to advertise for candidates for the Committee and to schedule interviews for Committee appointments. DISCUSSION/ANALYSIS: At the City Council’s April 20 and May 4, 2015 meetings, during discussions regarding the City Council’s Priorities, the Council received extensive public testimony regarding the impact some recent residential construction was having on community character. While there was some variation among the comments received, the vast majority focused on the concern that projects are consistently being proposed and built to maximum allowable development standards and that, once installed, the structures and their accessory features completely change the “feel” of the site and its surroundings. In addition to citing a number of concerns, some members of the public offered suggested changes to the City’s land use policies, code regulations and review processes to address the issues raised. These included: modifications to the City Zoning Code and Design Review Ordinances; changes to the Citizens’ Participation Program and changes to the City’s Tree Protection Ordinance. A copy of staff’s notes on the public comments made at the April 20 and May 4 meetings is included in Attachment C. After hearing the concerns, the City Council made a number of comments, as summarized below. ________________________________________________________________________________________________________
City Council Action:
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City Council Staff Report Re: Establishment of a Residential Development Process Citizens’ Advisory Committee May 18, 2015 Page 2 of 3
1. There was an acknowledgement of the concerns raised and consensus that addressing the concerns should be one of the City’s top priorities; 2. There were comments that while the public input to date had been very valuable, there should be more vetting of the issue before embarking on “fixes” to the pertinent regulations or procedures; and 3. There was consensus that the most effective way to conduct the vetting of the issue would be through a citizens’ committee, assisted by City Council liaisons and staff. To this end, staff is recommending the establishment of what would be termed the Residential Development Process Citizens’ Advisory Committee (Committee). To ensure a wide range of input, staff is recommending a nine member Committee composed of: a) Five (5) members of the public who are familiar with the design review process and the City’s land use regulations (termed “Citizens at large”); b) One (1) member of the City’s Design Review Board, nominated by the Design Review Board; c) One (1) member of the City’s Planning Commission, nominated by the Planning Commission; d) One (1) Del Mar property owner who has, within the last 18, months processed a Design Review application, including a Citizen’s Participation Program (termed “Applicant”) e) One (1) professional architect or land use planner who has, within the last 18 months, represented an applicant through the Design Review/CPP process (termed “Applicant Representative”). Staff recommends that the City Council employ its customary process for the selection of committee members by advertising for vacancies, interviewing candidates and making selections at a noticed Council meeting. The exception would be for DRB and Planning Commission representatives, who, if determined appropriate by the Council, could be selected by their fellow Board members. Staff is also recommending that the Council appoint two of its members to serve as liaisons to the Committee. A draft Mission/Work Program for the Committee is included in Attachment B. In brief, the Committee’s mission would be to: 1) identify the concerns related to community impacts of new and remodeled homes; 2) identify the goal to be achieved in potentially modifying regulations/procedures; and 3) recommend solutions to remedy the situation, including possible amendments to the regulations in the Municipal Code and/or the City’s development review procedures. The regulatory changes could include, but not be limited to, changes to Floor Area Ratio allowances and calculation methodologies; changes to the Design Review Ordinance; and/or amendments to the Tree Ordinance.
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City Council Staff Report Re: Establishment of a Residential Development Process Citizens’ Advisory Committee May 18, 2015 Page 3 of 3
The procedural changes could include, but not be limited to, modifications to the Citizens’ Participation Program, the Design Review Board Policy Manual, and the City’s policy on installation of story poles. The Committee would be responsible for developing a work program to implement its tasks, identifying both short- and long-term actions. The Committee would also be responsible for regularly reporting to the City Council on its progress and at key milestones in its work. The Committee would be assisted by city staff, as directed by the City Council. FISCAL IMPACT: Staff estimates approximately 64 hours of staff time will be necessary to assist the Committee in its deliberations during the first four to six months. If the Committee’s work extends beyond this timeframe, additional hours will be necessary. Directing that staff assist the Committee in its work will likely redirect available time from other Council-directed initiatives. The fiscal impact of any actions that may be recommended by this committee is, as yet, unknown. ENVIRONMENTAL IMPACT: The establishment of an Advisory Committee is not a project pursuant to the California Environmental Quality Act (CEQA). ATTACHMENTS: Attachment A - Proposed resolution Attachment B - Proposed Committee Mission and Work Program Attachment C - Recap of public comment from the April 20, and May 4, 2015 City Council meetings [Note that for e-mails, personal identification information has been redacted]
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ATTACHMENT A
RESOLUTION NO. 2015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ESTABLISHING THE AD-HOC DEVELOPMENT REVIEW PROCESS CITIZENS’ ADVISORY COMMITTEE
WHEREAS, the City of Del Mar is committed to preserving and enhancing Del Mar’s special residential character and small-town atmosphere with its harmonious blending of buildings and landscape and is also committed to ensuring that the unique character of the City’s residential areas is maintained; and WHEREAS, the City of Del Mar, is also committed to ensuring that appropriate permit processes and regulations are in place and modified, as deemed necessary, to carry out the goals noted above; and WHEREAS, it is recognized that, in considering potential modifications to the City’s land use regulations and review processes, input from citizens and those experienced with those regulations and review process will play a critical role in identifying issues, providing input and making recommendations on potential modifications thereto; and WHEREAS, the City Council has identified a need to establish an Ad-hoc Development Review Process Citizens’ Advisory Committee to identify the concerns related to community impacts of new and remodeled homes and recommend solutions; and WHEREAS, pursuant to Government Code Section 54952 (the Brown Act) a commission, board, or other body of a local agency, whether permanent or temporary, decision-making or advisory, created by Charter, ordinance, resolution or formal action of a legislative body (City Council) is a legislative body subject to the Brown Act for open and noticed meetings and records of action. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Del Mar, California, that the Ad-hoc Development Review Process Citizens’ Advisory Committee is hereby established to meet, as necessary, in accordance with the following: 1.
4
Scope of Work: 1) identify the concerns related to community impacts of new and remodeled homes; 2) identify the goal to be achieved in potentially modifying regulations/procedures; and 3) recommend solutions to remedy the situation, including possible amendments to the regulations in the Municipal Code and/or the City’s development review procedures.
May 18, 2015
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Resolution No. 2015 - _____ Page 2 2.
Membership: The Ad-hoc Development Process Citizens’ Advisory Committee shall be composed of: • Five (5) members of the public who are familiar with the design review process and the City’s land use regulations (termed “Citizens at large”); • One (1) member of the City’s Design Review Board, nominated by the Design Review Board; • One (1) member of the City’s Planning Commission, nominated by the Planning Commission; • One (1) Del Mar property owner who has, within the last 18, months processed a Design Review application, including a Citizen’s Participation Program (termed “Applicant”); and • One (1) professional architect or land use planner who has, within the last 18 months, represented an applicant through the Design Review/Citizens’ Participation Program (termed “Applicant Representative”).
3.
Council Liaisons: Two City Council Members will serve as liaisons between the Committee and the City Council. The Committee will be assisted by City staff, as necessary.
AND BE IT FURTHER RESOLVED, the Committee shall be subject to the Standard Operating Procedures and Policies for Del Mar Advisory Committees and Boards that were adopted by the City Council, Resolution 2014-08, on February 3, 2014. AND BE IT FURTHER RESOLVED that the Del Mar “Council Advisory Committees and Boards – Missions and Work Programs” shall be amended as provided in Attachment B to the corresponding May 18, 2015 City Council agenda report to include the Ad-hoc Development Review Process Citizens’ Advisory Committee (Committee). AND BE IT FURTHER RESOLVED that the Committee will meet in full compliance with the California Open Meeting Laws. PASSED AND ADOPTED by the City Council of the City of Del Mar, this 18TH day of May, 2015.
_________________________ AL CORTI, MAYOR City of Del Mar
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Resolution No. 2015 - _____ Page 3 APPROVED AS TO FORM:
______________________ Leslie E. Devaney City Attorney
ATTEST AND CERTIFICATION: STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF DEL MAR I, Andrew Potter, Administrative Services Director/City Clerk of the City of Del Mar, California DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2015-___, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 18th day of May, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________________________ Andrew Potter, Administrative Services Director/City Clerk City of Del Mar
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ATTACHMENT B
City of Del Mar Advisory Committees and Boards Missions and Work Programs
Draft 5/18/2015
AD-HOC DEVELOPMENT REVIEW PROCESS CITIZENS’ ADVISORY COMMITTEE Membership: Five (5) members of the public who are familiar with the design review process and the City’s land use regulations (termed “Citizens at large”); One (1) member of the City’s Design Review Board, nominated by the Design Review Board; One (1) member of the City’s Planning Commission, nominated by the Planning Commission; One (1) Del Mar property owner who has, within the last 18, months processed a Design Review application, including a Citizen’s Participation Program (termed “Applicant”) One (1) professional architect or land use planner who has, within the last 18 months, represented an applicant through the Design Review/CPP process (termed “Applicant Representative”). No term length established. City Council.
Members to serve until tasks are completed as directed by
Mission/Purpose: 1) Identify the concerns related to community impacts of new and remodeled homes; 2) Identify the goal to be achieved in potentially modifying regulations/procedures; and 3) Recommend solutions to remedy the situation, including possible amendments to the regulations in the Municipal Code and/or the City’s development review procedures. Work Program: Review the strengths and weaknesses of the City’s current regulations and processes relating to the review of proposed residential projects; hear the concerns of various affected parties, define the scenario of how a modified set of regulations and processes would affect the protection of neighborhood and community character; and provide recommendations to the City Council. Identify tasks to implement the Committee’s recommendations, with both short- and long-term actions. Monitor the implementation and determine the success of implementation and effectiveness in resolving issues. Provide regular reports to the City Council on Committee’s progress. Serve as a conduit of information between community members and the City Council on the issue of residential development review. Carry out other duties assigned by the City Council, and where applicable, the City Manager.
Approved by Council Action:
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May ___, 2013.
May 18, 2015
Item 16
ATTACHMENT C Public Comment from the April 20, 2015 and May 4, 2015 City Council Meetings April 20, 2015 City Council Meeting Kevin Popovich - Concerned about the number of large homes that have been constructed. Look at how many of the smaller homes are being demolished, with a resulting impact on the community. Bud Emerson, Box E, Del Mar - Some in the community feel that the DRB process has been hijacked and no longer represents what was envisioned. The good news is that there is a lot of community interest and passion on this issue - the Council should use the concerns and the passion to get realistic answers. Dave Druker 157 10th St. - A group of residents have been meeting due to concerns that new, larger houses are out of hand. The DRO needs to be revised to ensure the retention of the community's small-town atmosphere. He and others suggest a citizens committee to work on this issue. It should not just be left up to an internal "fix" by the DRB (or staff), itself. He also is concerned about how this will get done because the Council has so many high priority issues, and, in addition to the listed priorities, other “hot topic issues” will come up that will demand a lot of attention. Harold Feder, 1406 Crest Rd. -The issue of the DRO concerns and the neighborhood changes is prevalent throughout the community- there is so much community concern. What is happening is large homes being built by absentee owners and/or speculative “flipping” of high-end homes. Evelyn Haviland 693 Rimini Rd., - Agrees with other speakers not only about changes from new structures but from the tremendous changes in landscaping as well.
May 4, 2015 City Council Meeting Tim Haviland 693 Rimini Rd., - Thinks that this issue should be addressed quickly but with enough time to do it correctly; suggests a June meeting. There are concerns across the board that there are issues to be addresses. This should be a citizen-driven committee. He also suggested that the CPP should have a mediation element.
Anne Farrell, 1415 Via Alta – Concerned that projects are being “maxed out,” in terms of development parameters. There need to be modifications to the process and to the regulations. She thanked the Planning Department for all of the work they are doing. Anne Dempsey, 1250 Crest Rd - Once a house goes on the market it is doomed. New projects scrape the whole lot at the expense of loss of community character. Carole Mason, 343 Serpentine Dr - She feels there is less of a commitment to the DRB process; Del Mar’s citizens and existing neighborhoods need to be respected; everyone is leaning towards the maximum. We need to protect our “sense of place.” Mark Doyle, 1227 Cuchara - loves the nature of the community. Extravagant projects are becoming the norm.
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Item 16
Bud Emerson, Box E, Del Mar, CA - This is a far- reaching movement in the community. There needs to be a citizens’ committee to work on solutions. Suggests that the committee include a DRB member and someone with design expertise - the rest should be citizens. Phil Posner, 699 Rimini Rd – There is a lot of community involvement here. New projects should not just be investor driven. People in Del Mar care, that’s part of the uniqueness of the community. Bill Michalsky, Drawer O, Del Mar, Agrees with the other speakers. This should be a priority. John Graybill, 615 15th St. - Agrees with the idea of a task force and agrees with Terry Sinnott - there is a need to clearly define the issue/problem. He thinks the DRB need more tools in their toolbox and some need to be sharpened. He suggests that the Council form a citizen-driven committee to vet all of this; he would like to minimize the battles that seem to be occurring. Terry Pavelko, 1661 Luneta Dr. – Feels that the existing Design Review Ordinance (DRO) is too subjective and gives too much latitude to objecting parties; feels that if here is to be a citizens’ committee, it should be fully representative of all interests in the community. Rich Jamison, 1709 Crest Dr – reviewed the history of the DRO and Del Mar's FAR ordinances. They need to be revisited from time to time. Clarifying the process will help diffuse some of the animosity. Dean Meredith - Some tweaking of the ordinances may be appropriate but a large part of the issue is who is appointed to the DRB. He feels the DRB should show more backbone by actually denying projects if they don't comply with the DRO. Suggests having more expertise on the Board and available to advise DRB members. Monica Meredith - The DRB needs to have educated and knowledgeable members. Education needs to be provided to concerned neighbors as well. More training and distribution on information about DRB and the review process is needed.
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May 18, 2015
Item 16
City of Del Mar Staff Report TO:
Honorable Mayor and City Council Members
FROM:
Kathleen A. Garcia, Planning and Community Development Director Via Scott W. Huth, City Manager
DATE:
May 18, 2015
SUBJECT:
City Hall/Town Hall/Civic Plaza Architects’ Meet & Greet Community Input
REQUESTED ACTION/RECOMMENDATION: Staff requests that the City Council receives the staff report and public testimony and direct staff on future discussion items for the City Hall/Town Hall/Civic Plaza program, potential activities, or design direction. DISCUSSION/ANALYSIS: On May 4, 2015, the Miller Hull Partnership, architects for the City Hall project, conducted a Meet & Greet with the community to gather input. They posed three questions to the community: 1. What features would you like to see incorporated in the new Town Hall? 2. What would you like to be able to do at the new Civic Plaza? 3. What cautions would you like to share with the design team? Participants, of which there were nearly 90 in attendance, placed yellow tags with their input on the wall of City Hall. These tags have remained for community members to read and new ones have been added. A complete list of the comments received to date can be found in Attachment A. Following the Meet & Greet, the architects sent an open letter to all who attended with some of the additional comments that they heard during conversations that evening (Attachment B). Additionally, email letters were received from community members with additional comments (Attachment C). Many of the comments consisted of design ideas, such as those regarding daylight, many operable windows or flexible space; sustainability measures such as solar panels, green walls, rainwater or gray water systems, dark sky compliant, or a net-zero building; or design character such as a Mediterranean, Craftsman, or Beach Cottage style. Other comments addressed desired programmatic ideas, such as large meeting rooms, public restrooms, area for Farmers’ Market, space for musical events/concerts, space ________________________________________________________________________________________________________
City Council Action:
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May 18, 2015
Item 18
City Council Staff Report City Hall Project Meet & Greet Community Input May 18, 2015 Page 2 of 2
for educational workshops, a community center, space for Alvarado House, and a larger assembly space than the 100 to 150 persons currently planned for in the program. Cautions to the design team included desires to have a sustainable building design and drought tolerant landscape, keeping the program small and appropriate to the adjacent residential scale, no bulk or mass, not a cold, modern or industrial building, and accomplishing this without bankrupting Del Mar. Staff is requesting that City Council identify any key design discussions that they would like to have at a future meeting based upon this community input. Potential discussions items could be: • Town Hall Assembly Space size (if greater than 100-150 persons), appropriate for musical gatherings or special events and with a kitchen • Alvarado House • Additional space for police and security facilities beyond the current Park Ranger office space FISCAL IMPACT: The City Hall project efforts to date are funded in the adopted FY 2013 - 2014 and 2014 – 2015 Operating and Capital Budget. ENVIRONMENTAL IMPACT: The City Hall project is undergoing an Environmental Impact Report (EIR) currently pursuant to the regulations of the California Environmental Quality Act (CEQA). PRIOR CITY COUNCIL REVIEW: On April 6, 2014, the City Council initiated the Design phase of work for the City Hall project.
ATTACHMENTS: Attachment A – Community Input Tags Attachment B – Miller Hull Partnership letter to participants Attachment C – Community Input through email to
[email protected]
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ATTACHMENT A
City Hall/Town Hall/Civic Plaza Architects Meet & Greet May 4, 2015
Community Input Flags (as of May 11, 2015, not in any order) 1. Solar panels and windows that open to the east and west side 2. Operable windows and natural light 3. Lots of windows for views 4. I like the ideas of lots of windows, mixed use parking, nice lighting, solar powered, security room, making an area for free market 5. Mixed use parking, lights at night, lots of window, solar panels 6. Operable windows and daylight 7. Lots of windows, beachy feel, fresh air 8. Keep second story window facing west for the residents, employees on the first floor 9. Maximize west facing windows 10. Open air vaulted ceilings, lots of windows 11. Edible landscaping, with climate appropriate plants, watered with grey-water from bathroom water, orientation of building, solar energy, net zero building 12. Solar power 13. Grey-water system 14. Environmentally friendly water feature if possible 15. Green areas that don’t require too much water, public space and seating, open air acoustics 16. Rainwater capture and reuse 17. Green wall that harvest marine layer moisture 18. Sustainable site 19. Dark sky compliant 20. All landscaping to be a demonstration project for preferred plants in Del Mar
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21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69.
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Keeps dark sky, soft exterior lighting Let the building be dark at night Succulent landscaping, places to sit in shade ad sun Trees Outdoor eating spaces [beaches] Public basketball hoop Large lobby with plenty of seating and self-help kiosk Employee gym Employee gym and yoga space Security in the building and security in the lobby [separate from the rest of the building] Art inside and outside Drinking fountains [the old fashioned touch] Plan the south portion of the site to restore historic Del Mar [including the Alvarado house] Lots of counter space for planners We would ask that you include space for police, security facilities Keep the council dais at the same level as community seating Grocery store with local food providers/products Make the Alvarado house part of the tenth street historical district Alvarado house Space to narrate the story of Del Mar, commemorate important city milestones Performing arts center Performing arts center Farmer market and its needs [storage, parking, sitting area] Space for groups larger than powerhouse [120 people] Please find a place for the sculpture flock of bird Alvarado house on 10th street Nap room for power naps Farmers market Places for art and history Coffee place would be nice Table and chairs outdoors Del Mar history museum Robust E.O.C Alvarado house as front entry Community park on south part of site, tell history of Del Mar Full upper deck from 10th to 11th street Skate park, for Del Mar legend Tony Hawk Alvarado House, Cable TV studio Alvarado House Garden with shady seating spots Alvarado House where the past meets the present ‘Flock of Birds’ at site Place for public market Please make the Town Hall multi-use to accommodate a larger audience [over 120] Plaza for Farmers Market Alvarado House aka Del Mar History Center anchors 10th Street as a welcoming center [past meets present] Find space for Alvarado House Spaces for public art displays, rotating art and seating areas A wall listing Del Mar’s past mayors or City Council members
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70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118.
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Playground for kids Rooms for local non-profits Room for gathers/events for 150+ Park for children to play Auditorium for 25-300 people Room for Farmers Market Meeting rooms for community use Garden with shady seating spots A complete community center Coordinate with Del Mar shores to ensure that the City Hall facilities are a green space Home for the Del Mar ballet Keep the Del Mar garden club sculpture Indoor/outdoor opportunities like flex space, acoustically capable for concerts, meetings rooms Some sculptures, a flock of birds Public art Public restrooms Restrooms and Farmers Market Alvarado House at the TV Studio site Alvarado House Large meeting rooms with collapsible walls to make smaller as needed Rooftop terrace Incorporate Farmers Market Large meeting room available for public use Space for Farmers Market Storage for Farmers Market Space for small musical gatherings, small meeting rooms, Farmers Market Orient front door to Camino Del Mar Looks like a shopping center Preserve natural benefits of being close to the coast Light, not heavy, open not closed, warm not cold and hard Lots of parking space, place for free market Open architecture, few walls, flexible space Make it a community center that will invite and engage the entire community Space for educational workshops for kids/local schools Concerned about the look, not a warehouse fits into local surroundings, warm not cold modern look Close Tenth Street below City Hall I also prefer a warm, not cold modern look Public use space, public art, courtyard patios, etc. Bright sunny building, nice outdoor meeting places, sunny mood Plan for future pedestrian connection to Shores Park [the new park] Take inspiration from other buildings in Del Mar Inside and outside art Retain residential feel of the neighborhood, incorporate transition zones Small is beautiful No exterior glass walls Modernistic industrial is not in del mar Peaceful tranquil area for residents Largest possible assembly space No bulk or mass
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119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151.
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Less portion of lot for passive use Mediterranean or Craftsman style Don’t bankrupt Del Mar Less is more Del Mar art café Less is more Permaculture Theater, arts galleries Too much glass!! More is better than less 10st Street concerns with noise, light and traffic Worried about residents Stress relief space Public use space, public art, courtyard patios, etc. Bright sunny building, nice outdoor meeting places, sunny mood Use of the ocean view, take down pole and wires Variable meeting spaces, big and small Interesting architecture, not modern box, look at the library, Stratford Building Library should be design model Look at the beautiful library, I want City Hall to look like it Make sure trash is contained Coordinate materials to blend with streetscape and use of natural materials Gateway to residential City Hall should be a statement of community values not architectural monuments Town Hall views, city hall less of presence Integrated indoor/outdoor paces for civic/community events Incorporate performing arts Many meetings rooms, small to large More bulk and mass Incorporate fun happy and interactive space Use roof deck for hang out space with west views Keep the building similar, no great architecture statements Start with clean slate
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ATTACHMENT B
May 6, 2015 To the People of Del Mar, Our team would like to thank you for the warm welcome you gave us Monday, May 4, 2014 at the Meet & Greet barbeque. So many of you came out to share your visions for what a new Town Hall/City Hall and Civic Plaza could mean for Del Mar. This level of engagement shows us that this project is a critically important endeavor for this City and our team is keenly aware of the need to maintain the momentum you’ve built to make this vision a reality. We’re off to a strong start but we still have a long way to go together. We learned a great deal from you in a short time on Monday. The idea tags you are hanging on the wall of City Hall are an ongoing artifact of the great potential this project holds. Please continue to drop by to add more tags and read through your neighbors’ ideas. Our team has spent time reading the tags each time we visit the site and we’ll record all of them to be able to take them with us as we dive into the design process. We heard some major themes begin to emerge from the conversations we had with you: • The Civic Center can be at the heart of the civic life of Del Mar. • The public spaces should be welcoming, not a fortress to City government. • Provide a range of opportunities to create a community “Commons” for civic and recreational gatherings. • Town Hall/City Hall and Civic Plaza can be a catalyst to extend the zone of Village activity south, th th strengthening businesses in between 15 and 10 and beyond to Shores Park in the future. • Farmers Market continues to top the list of priorities for this site. We were asked to increase the visibility of the market from Camino Del Mar and establish this place as the permanent home of the market. • Look for opportunities for spaces that flow from indoor to outdoor to accommodate a range of gatherings. • Consider the impact on the immediate neighborhood in terms of noise, light, traffic and trash. • Civic Plaza and the outdoor spaces should include gardens with native and low-irrigation plantings to provide a respite for passive enjoyment along Camino Del Mar. • Outdoor spaces should also accommodate large events and performances and be of a size that complements the other outdoor spaces that already exist in Del Mar. • It is critical to get the parking and traffic circulation to fit with the residential neighborhood to the west. • Plan for many future possibilities for more public amenities on this property including a potential future th home for the Alvarado House to return to 10 Street - its original street. • The design should be sensitive to the privacy and views from the residential neighborhood to the west. • The buildings should be carefully crafted with human scale in mind; not an institutional fortress. • Sustainable design should be part of the design from the beginning and serve as a demonstration of Del Mar’s commitment to a sustainable future. Consider rainwater harvesting and greywater reuse. • Incorporate public art. • The TV Studios are an important facility for creative public expression. • There are so many community groups that want to get involved in the design and programming of this site. We encourage you to continue to look for ways to contribute. This is just a small portion of what we heard and will continue to absorb in the weeks to come. We encourage you to continue to participate in the design process with us. The next major milestone will be a Concept Design Open st House on June 1 from 5:00-6:00. At this event, our team will present our initial ideas for different ways the buildings can be arranged on the site. Come provide feedback and express your preferences. The Open House will be followed by a discussion at the regularly scheduled City Council meeting that evening. Based upon that input, a preferred direction will be discussed at the June 15, 2015 City Council meeting. Keep in touch! You can always email your thoughts anytime to
[email protected] Sincerely, Mike Jobes, Caroline Kreiser and Kurt Stolle The Miller Hull Partnership, LLP
Seattle
San Diego
www.millerhull.com
Polson Building
Mission Brewery
71 Columbia Street – Sixth Floor
2150 West Washington Street, Suite 113
Seattle, WA 98104
San Diego, CA 92110
Tel: 206.682.6837
Tel: 619.220.0984
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ATTACHMENT C
From: To: Subject: Date:
cityhallarchitects A "tag" for the City Hall idea wall Thursday, May 07, 2015 4:21:52 PM
Dear Muller Hall team: Thanks for the letter recapping the ideas that emerged from Monday's event. When I read the following in your "bullet" list, it looks very much like a tag I left on the wall, except that its focus in on outdoor rather than indoor spaces: "Outdoor spaces should also accommodate large events and performances and be of a size that complements the other outdoor spaces that already exist in Del Mar. " I did not see a bullet that captures my focus on the indoor (Town Hall) space, which I think needs to be of a size that complements the other main indoor venue that already exists in Del Mar, the Powerhouse Community Center. Powerhouse Park - an outdoor space - accommodates huge crowds: 3,000+ attend the Summer Twilight Concerts there. Similarly, 300+ children (and their parents) participate each year in an Easter Egg Hunt at Seagrove Park. So we already have the ability to stage large events and performances outdoors. However, the Powerhouse Community Center (the adjacent indoor space) only seats 120 or so, theater-style, and can seat that number at round tables only if the outdoor patio is also used, and then it is very crowded. So from my perspective, what we lack, and really need, is the ability to accommodate larger events and performances indoors, where night time lighting and amplified sound will not have a negative impact on neighbors, acoustics can be better, and weather is not an issue. So if the Town Hall can accommodate, say, 200 people for an array of community performances, and events like the DMCC's annual fundraiser dinner, that would be a great complement to the existing community space at the Powerhouse Community Center (the building, not the park). Also, an adjacent kitchen space that accommodates caterers, or facilitates meal preparation for community events, would make the space even more communityfriendly, and I feel certain that community funds could be raised for the extra expense of furnishing the kitchen. Thanks, Betty Wheeler
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From: To: Subject: Date:
cityhallarchitects Comment Friday, May 08, 2015 10:40:22 AM
Hi Folks, Thanks for your letter of May 6 providing an update on the ideas from the May 4th event. We were traveling and unable to attend. Del Mar has many open spaces and parks for the community to enjoy. Seagrove and Powerhouse park accommodate large gatherings for many wonderful events. The City Hall property should include a large open plaza for farmers market and other activities as contemplated throughout this process. Your letter however, did not mention the Town Hall indoor space, which will hopefully be designed to accommodate a larger seating capacity than currently available in the Powerhouse. During the earlier City Hall review process the discussion related to Town Hall was limited to a 3200 square foot space. The City Council added some flexibility to the dimensions, but deferred to the design process for the final conclusion. The community needs a space to accommodate a seated dinner or event for 250 people. The town hall is the perfect venue and perhaps our only near term opportunity to meet this need. I trust that the design process will include options for this capacity. Regards, Tom McGreal
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From: To: Subject: Date:
cityhallarchitects New city hall project Monday, May 04, 2015 9:07:13 AM
Thank you for the opportunity to provide input. Although my husband and I cannot attend the meeting today we want to share our thoughts regarding this project as well as some history regarding the site. We are the original owners of our home at 10th. When we first bought in 1992 we were told by local politicians that a beautiful City Hall would be built with lots of open space, a plaza, fountain, etc. In subsequent years a fire station was proposed as part of the development. As you can imagine, the neighbors fought and defeated that illconceived idea. Now, we fast forward to the current proposal. We welcome a beautiful City Hall that serves as a meeting place for the community. We appreciate that you are aware of the delicate balance that must occur to make the project fit into an established residential neighborhood. We do not see the need for a parking structure. Over the years we have observed the current city lot remain vacant daily, in the evenings, and especially on weekends. If a parking structure is planned we are concerned about its bulk, mass, and orientation. We do not want to look at a "wall" of parked cars at the end of our driveway. We do not want the entrance/exit to be across from our home. The headlights and traffic would clearly be disruptive. What are the plans for 10th St. ? We feel strongly that it remain a right turn only to minimize traffic flow. We have many questions regarding the height of the entire project. As you proceed we hope to be kept informed of progress and have other opportunities to review preliminary plans and provide input. We also are interested in the timeline for construction. Again, thank you for the opportunity for input. Sincerely, Marilyn and Charley Wheeler Sent from my iPad
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City of Del Mar Staff Report TO:
Honorable Mayor and City Council Members
FROM:
Kristen M. Crane, Assistant to the City Manager Eric Minicilli, Public Works Director Via Scott W. Huth, City Manager
DATE:
May 18, 2015
SUBJECT:
Proposed Drought Response Plan for the City of Del Mar
REQUESTED ACTION: Receive the report and provide direction to staff on implementation of the proposed drought response plan for the City of Del Mar to adhere to the water shortage regulations mandated by the State of California. DISCUSSION/ANALYSIS: After four dry years and record-low snowpack conditions in the Sierra Nevada Mountains, on April 1, 2015, Governor Brown issued a drought emergency Executive Order for the State of California, underscoring the need to maximize water efficiency. The regulations have now been finalized by the State of California, effective June 1, 2015. As a local water supplier, the City of Del Mar is required to comply with these regulations. Since the City of Del Mar has less than 3,000 connections to the water system, Del Mar is considered by the California Water Code to be a “small urban water supplier,” therefore falling into a different category with regards to the reductions generally being discussed in the media. Pursuant to Section 865 f. of the proposed regulations (Attachment A), “…Each distributor of a public water supply that is not an urban water supplier shall take one or more of the following actions: A)
Limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week; or
________________________________________________________________________________________________________
City Council Action:
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City Council Staff Report Proposed Drought Response Plan for the City of Del Mar May 18, 2015 Page 2 of 7
B)
Implement another mandatory conservation measure or measures intended to achieve a 25 percent reduction in potable water consumption by the persons it serves relative to the amount consumed in 2013.”
Staff is working closely with the City’s regional water wholesaler, the San Diego County Water Authority (SDCWA), to coordinate Del Mar’s efforts with theirs, which is cost effective and helps minimize public confusion by having a consistent public message. In anticipation of the mandatory water cutbacks, staff has formulated a proposed plan for Del Mar. The overall proposed plan was discussed with and endorsed by the Sustainability Advisory Board at their meeting on April 23, 2015, and the plan for water use for City facilities, parks, and landscaping was discussed with and endorsed by the Parks and Recreation Advisory Committee at their meeting on May 13, 2015. Del Mar’s total water use for 2013 was 1,070 acre-feet, which equals 348 million gallons. The diagram included in Attachment B depicts a break-down of Del Mar’s total Citywide water use for calendar year 2013. Though the City of Del Mar is tasked with aiming to reduce Citywide water use by 25%, it is not envisioned that this mandatory cutback target would be applied to each individual water customer. This would be very challenging from both a billing system/administration and a public policy perspective. Following is an overview of the recommended approach to achieve the necessary water reductions: Two-Day per Week Irrigation Schedule and Other Emergency Restrictions To comply with the Governor’s mandate, Del Mar must implement a restriction to limit outdoor watering to two days per week. At a special meeting of the SDCWA Board of Directors on May 14, 2015 the Board is expected to also establish a limitation on outdoor watering to two days per week as a condition of delivering its allocated water supply to each of its Member Agencies. (The City of Del Mar is a Member Agency of SDCWA). Executing the required irrigation restrictions in a timely manner will require that the City adopt an emergency ordinance. Staff intends to bring this emergency ordinance for City Council consideration at the June 1, 2015 City Council meeting. The intention is to ensure that Del Mar’s restrictions (e.g. which days per week watering is allowed) are consistent with the regional approach primarily to minimize public confusion. Neither the current Del Mar Municipal Code (DMMC) water conservation ordinance (DMMC Chapter 21.60), nor the DMMC section on emergency water management (DMCC Chapter 21.70) include any provision that readily enables the City to implement the two day per week irrigation restrictions, which necessitates an emergency ordinance to comply with the State’s mandated timing.
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City Council Staff Report Proposed Drought Response Plan for the City of Del Mar May 18, 2015 Page 3 of 7
In the interim, until the new restrictions take effect, residents are asked to voluntarily limit their outdoor watering to two days per week. The State emergency drought regulations include other required restrictions (shown in Attachment A) which must be in effect. These restrictions will be addressed as part of the June 1, 2015 emergency ordinance. Many of the required restrictions are already in effect in Del Mar as a result of Del Mar’s declaration of a Stage 2 drought in July 2014. Del Mar’s current Stage 2 drought requires: •
Limiting outdoor irrigation to between 4:00 p.m. and 9:00 a.m., except for drip or micro irrigation systems;
•
Controlling irrigation to avoid runoff to adjacent properties or public and private roadways;
•
Using brooms to clean outdoor paved areas and not water washing except to alleviate immediate safety or sanitation hazards;
•
Washing cars only using hand held hoses with positive shut-off nozzles;
•
Restaurants only serving water upon request;
•
Repairing all water leaks promptly; and
•
Only operating ornamental fountains that recirculate water.
In addition to these restrictions, the State’s emergency regulations include some additional restrictions that the City will need to establish, such as prohibiting the application of potable water to outdoor landscapes during and within 48 hours after measureable rainfall. As stated above, the State regulations require that Del Mar implement two day watering restrictions, or another mandatory conservation measure(s) intended to achieve a 25 percent reduction in potable water consumption. Although the City of Del Mar would be compliant with the State regulations simply by implementing the two-day per week irrigation restrictions, staff proposes a multi-faceted drought response plan with additional components pertaining to City facilities, landscaping, and parks; expanding public outreach; developing an education/enforcement plan; and ensuring the financial solvency of the Water and Wastewater Funds. Staff’s proposed plan for these components is described below:
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City Council Staff Report Proposed Drought Response Plan for the City of Del Mar May 18, 2015 Page 4 of 7
City Facilities, Landscaping, and Parks
Landscape Irrigation Public Works staff is working with the City’s landscape contractors to look for opportunities to increase irrigation system efficiency and to ensure there are no leaks. Additionally, all City landscaping will be on the two day per week irrigation schedule.
Facilities Public Works staff is identifying potential opportunities to maximize indoor plumbing water efficiency of City facilities.
Use of Reclaimed Water Currently, within the City of Del Mar service area, the only use of reclaimed water is for landscape irrigation at the Del Mar Fairgrounds. This reclaimed water is purchased from the San Elijo Joint Powers Authority. The City is evaluating the feasibility of expanding the reclaimed water system from a cost and engineering perspective. Meanwhile, Public Works is now using reclaimed water to fill the sewer vac-con truck.
Beach Showers The Parks and Recreation Committee made a recommendation to the City Council to shut-off the beach showers at all beach locations except the Beach Safety Center. The Sustainability Advisory Board considered this recommendation and made a recommendation to the City Council that the City not shut-off any of the beach showers. Recently, staff completed an analysis to estimate water use associated with beach showers. There are four locations where there are beach showers. The showerheads are not separately metered to isolate measurement of water use for just the showers. Therefore, in order to determine associated water use for the beach showers, staff measured the flow rate for all of the existing showerheads and collaborated with Community Services to determine estimated minimum and maximum visitor shower use for peak days and regular days. Using this information, a range for the total estimated water use was calculated. The estimated total annual water use (albeit the estimates may be considered too conservative) for all four shower locations is 495,360 gallons, which equates to a cost of approximately $2,800 per year and represents 0.1% of total Citywide water use.
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City Council Staff Report Proposed Drought Response Plan for the City of Del Mar May 18, 2015 Page 5 of 7
The question of whether to shut off the beach showers is ultimately a policy decision for the City Council. While there is a public education benefit to shutting off the showers and a “water ethic” value during this time of drought, considering Del Mar’s requirement according to the State’s emergency drought regulations to comply by implementing the two day per week irrigation restrictions rather than achieving a mandatory 25% reduction, staff recommends that the City keep the beach showers in operation. Instead of shutting the showers off, staff recommends 1) Installing additional signage at all beach locations with a more imperative/sense of urgency message; and 2) Ensuring that all beach showers are fitted with the most water-efficient showerheads. Expanding Public Outreach Thoughtfully expanding the City’s public outreach efforts to raise awareness of the water supply situation and available resources will be a necessity to help in achieving the 25% reduction. Within the region, the San Diego County Water Authority is significantly ramping up outreach efforts to raise public awareness, as well as adding funding to and modifying several of their existing programs to provide more resources for the public in reducing their water use. Staff intends to maximize Del Mar’s leverage of these resources that the Water Authority is offering and the regional media campaign. That means using the Water Authority’s regional drought messaging artwork and printed material wherever feasible. Specific strategies for Del Mar include:
Targeted Outreach Tailoring communication to different audiences, such as hotels, restaurants, the Fairgrounds, and vacation rentals, as well as a targeted mailing to all water customers with information on their water consumption history.
Publicize Available Resources Enhancing the City’s web page on water conservation/drought and publicizing existing resources that are available to Del Mar customers through the San Diego County Water Authority, such as the WaterSmart Check-Up program and WaterSmartSD.org.
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City Council Staff Report Proposed Drought Response Plan for the City of Del Mar May 18, 2015 Page 6 of 7
Signage Install signage in key locations around the community announcing the drought condition. For example, at City Hall on the southwest corner of 11th and Camino del Mar.
Promoting the Available Rebate Programs Advertise the rebate programs that are currently available to Del Mar water customers through the City’s wholesale water suppliers, the San Diego County Water Authority and the Metropolitan Water District, and explore adding additional City funding to encourage more participation.
Education and Enforcement Plan Staff is in the process of formulating a plan for enforcement of the anticipated water use restrictions. Any enforcement would be preceded by efforts to educate the public and achieve voluntary compliance. Formulation of a plan includes determining who will be responsible for the enforcement function, a system for monitoring and tracking, public education materials (e.g., courtesy door hanger), and determining the applicable penalties to be imposed. Financial Solvency When water rates are set, the rates are based on projected water sales to cover fixed system costs (which are the same regardless of how much water is sold) and variable costs (which vary based on how much water is sold). If overall City-wide water use decreases by 25%, this will pose a financial challenge for the Water Fund and the Wastewater Fund (customer charges for wastewater service are tied to water use). Staff is evaluating the impact of significantly reduced water sales on the solvency of the Water and Wastewater Funds. The rate structure approved by the City Council in late 2014 includes drought rates for water and wastewater which the City Council could implement to maintain financial solvency of the Water Fund and Wastewater Fund. Staff is continuing to evaluate the need to implement drought rates. Implementation requires City Council action.
In addition to the near-term strategies listed above, additional long-term strategies being considered include:
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Revisions to the Del Mar Municipal Code to update Chapter 21.60 and Chapter 21.70 pertaining to the Water Conservation Plan and Emergency Water Management;
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City Council Staff Report Proposed Drought Response Plan for the City of Del Mar May 18, 2015 Page 7 of 7
Conversion of all water meters to “smart water meters” which provide customers with more timely information on their personal water use and leak detection capability;
Expanding use of recycled water for City landscaping;
Reviewing provisions of the DMMC pertaining to landscaping for opportunity to increase water efficiency requirements; and
Evaluating how the City can facilitate installation of residential gray water systems by clarifying the required permitting process.
FISCAL IMPACT: There is no direct fiscal impact associated with this item. Staff time will be required to implement this plan, as well as costs for the outreach efforts. Costs for the required public education efforts (e.g., signs and printed materials) will be within the City Manager’s budget authority and charged to the Water Fund. If overall Citywide water use decreases by 25%, staff anticipates the need to implement the Stage 2 drought rates as spelled out in the DMCC. Staff is evaluating the impact of significantly reduced water sales on the solvency of the Water and Wastewater Funds. ENVIRONMENTAL IMPACT: This item is not subject to CEQA review. ATTACHMENTS: Attachment A – State of California Emergency Drought Regulations Attachment B – City of Del Mar – Citywide Water Use – CY 2013
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ADOPTED TEXT OF EMERGENCY REGULATION Article 22.5. Drought Emergency Water Conservation. Sec. 863. Findings of Drought Emergency. (a) The State Water Resources Control Board finds as follows: (1) On January 17, 2014, the Governor issued a proclamation of a state of emergency under the California Emergency Services Act based on drought conditions; (2) On April 25, 2014, the Governor issued a proclamation of a continued state of emergency under the California Emergency Services Act based on continued drought conditions; (3) On April 1, 2015, the Governor issued an Executive Order that, in part, directs the State Board to impose restrictions on water suppliers to achieve a statewide 25 percent reduction in potable urban usage through February, 2016; require commercial, industrial, and institutional users to implement water efficiency measures; prohibit irrigation with potable water of ornamental turf in public street medians; and prohibit irrigation with potable water outside newly constructed homes and buildings that is not delivered by drip or microspray systems; (4) The drought conditions that formed the basis of the Governor’s emergency proclamations continue to exist; (5) The present year is critically dry and has been immediately preceded by two or more consecutive below normal, dry, or critically dry years; and (6) The drought conditions will likely continue for the foreseeable future and additional action by both the State Water Resources Control Board and local water suppliers will likely be necessary to prevent waste and unreasonable use of water and to further promote conservation. Authority: Section 1058.5, Water Code. References: Cal. Const., Art., X § 2; Sections 102, 104, 105, and 275, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463.
Sec. 864. End-User Requirements in Promotion of Water Conservation. (a) To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency: (1) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures; (2) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (3) The application of potable water to driveways and sidewalks; and (4) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system;
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(5) The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall; (6) The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased; (7) The irrigation with potable water of ornamental turf on public street medians; and (8) The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development. (b) To promote water conservation, operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language. (c) Immediately upon this subdivision taking effect, all commercial, industrial and institutional properties that use a water supply, any portion of which is from a source other than a water supplier subject to section 865, shall either: (1) Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than two days per week; or (2) Reduce potable water usage supplied by sources other than a water supplier by 25 percent for the months of June 2015 through February 2016 as compared to the amount used from those sources for the same months in 2013. (d) The taking of any action prohibited in subdivision (a) or the failure to take any action required in subdivisions (b) or (c), is an infraction, punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal. Authority: Section 1058.5, Water Code. References: Cal. Const., Art., X § 2; Sections 102, 104, 105, 275, 350, and 10617, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463.
Sec. 865. Mandatory Actions by Water Suppliers. (a) As used in this section: (1) “Distributor of a public water supply” has the same meaning as under section 350 of the Water Code, except it does not refer to such distributors when they are functioning solely in a wholesale capacity, but does apply to distributors when they are functioning in a retail capacity. (2) “R-GPCD” means residential gallons per capita per day. (3) “Total potable water production” means all potable water that enters into a water supplier’s distribution system, excluding water placed into
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storage and not withdrawn for use during the reporting period, or water exported outsider the supplier’s service area. (4) “Urban water supplier” means a supplier that meets the definition set forth in Water Code section 10617, except it does not refer to suppliers when they are functioning solely in a wholesale capacity, but does apply to suppliers when they are functioning in a retail capacity. (b) In furtherance of the promotion of water conservation each urban water supplier shall: (1) Provide prompt notice to a customer whenever the supplier obtains information that indicates that a leak may exist within the end-user’s exclusive control. (2) Prepare and submit to the State Water Resources Control Board by the 15th of each month a monitoring report on forms provided by the Board. The monitoring report shall include the amount of potable water the urban water supplier produced, including water provided by a wholesaler, in the preceding calendar month and shall compare that amount to the amount produced in the same calendar month in 2013. The monitoring report shall specify the population served by the urban water supplier, the percentage of water produced that is used for the residential sector, descriptive statistics on water conservation compliance and enforcement efforts, and the number of days that outdoor irrigation is allowed, and monthly commercial, industrial and institutional sector use. The monitoring report shall also estimate the gallons of water per person per day used by the residential customers it serves. (c)(1) To prevent the waste and unreasonable use of water and to meet the requirements of the Governor’s April 1, 2015 Executive Order, each urban water supplier shall reduce its total potable water production by the percentage identified as its conservation standard in this subdivision. Each urban water supplier’s conservation standard considers its service area’s relative per capita water usage. (2) Each urban water supplier whose source of supply does not include groundwater or water imported from outside the hydrologic region in which the water supplier is located, and that has a minimum of four years’ reserved supply available may, submit to the Executive Director for approval a request that, in lieu of the reduction that would otherwise be required under paragraphs (3) through (10), the urban water supplier shall reduce its total potable water production by 4 percent for each month as compared to the amount used in the same month in 2013. Any such request shall be accompanied by information showing that the supplier’s sources of supply do not include groundwater or water imported from outside the hydrologic region and that the supplier has a minimum of four years’ reserved supply available. (3) Each urban water supplier whose average July-September 2014 R-GPCD was less than 65 shall reduce its total potable water production by 8 percent for each month as compared to the amount used in the same month in 2013. (4) Each urban water supplier whose average July-September 2014 R-GPCD was 65 or more but less than 80 shall reduce its total potable water production by 12 percent for each month as compared to the amount used in the same month in 2013. (5) Each urban water supplier whose average July-September 2014 R-GPCD was 80 or more but less than 95 shall reduce its total potable water production by 16 percent for each month as compared to the amount used in the same month in 2013.
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(6) Each urban water supplier whose average July-September 2014 R-GPCD was 95 or more but less than 110 shall reduce its total potable water production by 20 percent for each month as compared to the amount used in the same month in 2013. (7) Each urban water supplier whose average July-September 2014 R-GPCD was 110 or more but less than 130 shall reduce its total potable water production by 24 percent for each month as compared to the amount used in the same month in 2013. (8) Each urban water supplier whose average July-September 2014 R-GPCD was 130 or more but less than 170 shall reduce its total potable water production by 28 percent for each month as compared to the amount used in the same month in 2013. (9) Each urban water supplier whose average July-September 2014 R-GPCD was 170 or more but less than 215 shall reduce its total potable water production by 32 percent for each month as compared to the amount used in the same month in 2013. (10) Each urban water supplier whose average July-September 2014 R-GPCD was 215 or more shall reduce its total potable water production by 36 percent for each month as compared to the amount used in the same month in 2013. (d)(1) Beginning June 1, 2015, each urban water supplier shall comply with the conservation standard specified in subdivision (c). (2) Compliance with the requirements of this subdivision shall be measured monthly and assessed on a cumulative basis. (e)(1) Each urban water supplier that provides potable water for commercial agricultural use meeting the definition of Government Code section 51201, subdivision (b), may subtract the amount of water provided for commercial agricultural use from its potable water production total, provided that any urban water supplier that subtracts any water provided for commercial agricultural use from its total potable water production shall: (A) Impose reductions determined locally appropriate by the urban water supplier, after considering the applicable urban water supplier conservation standard specified in subdivision (c), for commercial agricultural users meeting the definition of Government Code section 51201, subdivision (b) served by the supplier; (B) Report its total potable water production pursuant to subdivision (b)(2) of this section, the total amount of water supplied for commercial agricultural use, and shall identify the reduction imposed on its commercial agricultural users and each recipient of potable water for commercial agricultural use; (C) Certify that the agricultural uses it serves meet the definition of Government Code section 51201, subdivision (b); and (D) Comply with the Agricultural Water Management Plan requirement of paragraph 12 of the April 1, 2015 Executive Order for all commercial agricultural water served by the supplier that is subtracted from its total potable water production. (2) Submitting any information pursuant to subdivision (e)(1)(B) or (C) of this section that is found to be materially false by the board is a violation of this regulation, punishable by civil liability of up to five hundred dollars ($500) for each day in which the violation occurs. Every day that the error goes uncorrected constitutes a separate violation. Civil liability for the violation is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
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(f)(1) To prevent waste and unreasonable use of water and to promote water conservation, each distributor of a public water supply that is not an urban water supplier shall take one or more of the following actions: (A) Limit outdoor irrigation of ornamental landscapes or turf with potable water by the persons it serves to no more than two days per week; or (B) Reduce by 25 percent reduction its total potable water production relative to the amount produced in 2013. (2) Each distributor of a public water supply that is not an urban water supplier shall submit a report by December 15, 2015, on a form provided by the Board, that either confirms compliance with subdivision (f)(1)(A) or identifies total potable water production, by month, from June through November, 2015, and total potable water production, by month, for June through November 2013.
This section pertains to the City of Del Mar. Since the City of Del Mar has less than 3,000 connections to its water system, it is not considered an "urban water supplier."
Authority: Section 1058.5, Water Code. References: Cal. Const., Art., X § 2; Sections 102, 104, 105, 275, 350, 1846, 10617 and 10632, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463.
Sec. 866. Additional Conservation Tools. (a)(1) To prevent the waste and unreasonable use of water and to promote conservation, when a water supplier does not meet its conservation standard required by section 865 the Executive Director, or the Executive Director’s designee, may issue conservation orders requiring additional actions by the supplier to come into compliance with its conservation standard. (2) A decision or order issued under this article by the board or an officer or employee of the board is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the California Water Code. (b) The Executive Director, or his designee, may issue an informational order requiring water suppliers, or commercial, industrial or institutional properties that receive any portion of their supply from a source other than a water supplier subject to section 865, to submit additional information relating to water production, water use or water conservation. The failure to provide the information requested within 30 days or any additional time extension granted is a violation subject to civil liability of up to $500 per day for each day the violation continues pursuant to Water Code section 1846. Authority: Section 1058.5, Water Code. References: Cal. Const., Art., X § 2; Sections 100, 102, 104, 105, 174, 186, 187, 275, 350, 1051, 1122, 1123, 1825, 1846, 10617 and 10632, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463.
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Breakdown of Del Mar’s Water Use 2% 1% 0%
Calendar Year 2013 Single-Family Residential (532 AF) Multi-Family Residential (146 AF) Commercial, Institutional, Industrial (123 AF) Fairgrounds (127 AF)
10%
12% 50%
Landscaping-Only Meters (111 AF) City - Indoor (7 AF)
11%
City - Landscaping/Parks (21 AF) Other (3 AF)
14%
Fairgrounds’ water use does not include recycled water for landscape irrigation. 13
May 18, 2015
Total CY 2013 Water Use = 1,070 AF Item 19
