Del Mar City Council
March 4, 2024

Table of Contents
3-4-2024 REVISED Regular Meeting Agenda
Item 3 - Minutes 2-20-2024 Regular and Special Meeting
Item 4 - List of Demands
Item 6 - Agreement for As-Needed Printing Services
Item 7 - Pavement Condition Assessment and 5 yr Management Plan Item 8 - San Dieguito Drive Project Update and Adoption of Resolution Item 9 - LOSSAN RR Advisory Taskforce and Resolution
Item 10 - Final ENRA AR & Resolution 3-4-24
2 8
14 22
35 104
112
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Del Mar City Council Meeting REVISED Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.

REVISED- Regular Meeting
Monday, March 4, 2024 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings in-person or via written comment (Red Dot). Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda.

Members of the public wishing to speak on items not on the agenda may do so under Public Oral Communications. Agenda items may be addressed in any order at the discretion of the Mayor. When addressing the Council, please state your name for the record. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.

In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record.

Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.

Remote Participation: Due to technical issues, remote
participation will not be offered at this City Council meeting.

Viewing the Meeting and Access to Agenda Materials: Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM. Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website:
http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at Del Mar City Hall and the Del Mar Library during their business hours.

Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.

Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Dave Druker
Mayor
Terry Gaasterland
Deputy Mayor
Tracy Martinez
Council Member
Dan Quirk
Council Member
Dwight Worden
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting March 4, 2024
Revised Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.

Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.

V. CITY COUNCIL COMMENTS
VI. COMMUNITY ANNOUNCEMENTS
VII. CITY MANAGER’S REPORT
VIII. PRESENTATIONS

1. Fire Department 2023 Service Delivery Overview
Recommended Action: Receive a presentation from Fire Chief Josh Gordon.

Reference: Clerk’s File No. 1101-8

2. SANDAG Del Mar Bluffs Phase 5 Project Presentation
Recommended Action: Receive a presentation from SANDAG Senior Engineer Allie DeVaux. SANDAG’s presentation materials will be published as a Red Dot when available.

Reference: Clerk’s File No. 1005-2, 1506-1
IX. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk.

Del Mar City Council Regular Meeting March 4, 2024
Revised Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

3. Approval of Minutes: February 20, 2024 Regular and Special Meeting Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

4. Ratification of List of Demands, dated March 4, 2024 Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3

5. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.

Reference: Clerk’s File No. 401-4

6. Agreement for As-Needed Printing Services
Recommended Action: Staff recommends that the City Council: 1) Approve a professional service agreement with Del Mar Blue Print Company (Attachment A) for as-needed printing, publishing, and scanning services for an initial three-year period effective March 4, 2024, through March 4, 2027; and 2) Authorize the City Manager to execute the agreement and any subsequent term extension amendments provided for under the Agreement contingent upon satisfactory performance by the professional.

Reference: Clerk’s File No. 406-1
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS

7. Review Results of the 2023 Pavement Condition Assessment and Five-Year Pavement Management Program
Recommended Action: Staff recommends that the City Council review and discuss the results of the 2023 Update to the Five-Year Pavement Management Program Report (Attachment A) prepared by Buckman Infrastructure Group and provide direction to staff.

Reference: Clerk’s File No. 901-2
Del Mar City Council Regular Meeting March 4, 2024
Revised Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

8. San Dieguito Drive Improvements Project Update and Resolution Initiating Proceedings for the Formation of the San Dieguito Drive Improvement District
Recommended Action: Staff recommends that the City Council: 1) Receive an update on the San Dieguito Drive Improvements Project (Project); and 2) Adopt a Resolution (Attachment A) to initiate proceedings for the formation of the San Dieguito Drive Improvement District to fund necessary improvements to San Dieguito Drive.

Reference: Clerk’s File No. 801-1, 803-3

9. Creation of a LOSSAN Rail Realignment Advisory Taskforce and Adoption of a Resolution Memorializing City Council Guiding Principles for the LOSSAN Rail Realignment Project
Recommended Action: The City Council Rail Subcommittee recommends that the City Council: 1) Adopt a Resolution (Attachment A) forming the LOSSAN Rail Realignment Advisory Taskforce (LOSSAN Taskforce) and its Charter (Exhibit A to Attachment A); 2) Appoint Mayor Druker and Deputy Mayor Gaasterland as the Council liaisons to the LOSSAN Taskforce; and 3) Adopt a Resolution (Attachment B) memorializing the adoption of and Council commitment to the Guiding Principles related to the Project (Exhibit A to Attachment B); and provide additional direction as may be needed.

Reference: Clerk’s File No. 1005-2, 1506-1

10. Consideration of an Exclusive Negotiating Rights Agreement with the 22nd District Agricultural Association
Recommended Action: Staff recommends that the City Council: 1) Approve an Exclusive Negotiating Rights Agreement with the 22nd District Agricultural Association (Attachment A); and 2) Authorize the City Manager to execute the agreement.

Reference: Clerk’s File No. 406-1, 1502-10
XII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.

A. 22nd District Agricultural Association Community Relations Committee (Martinez/Worden)
B. Clean Energy Alliance JPA (CEA) Board of Directors (Druker/Worden) C. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) D. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Martinez/Druker) Del Mar City Council Regular Meeting March 4, 2024
Revised Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us E. League of California Cities – San Diego Chapter (Martinez/Worden) F. League of California Cities – Coastal Cities Group (Worden) G. North County Transit District (NCTD) (Martinez/Druker) H. Regional Solid Waste Association (Worden/Quirk)
I. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Druker)
J. SANDAG Borders Committee (Druker)
K. SANDAG Regional Planning Committee (Gaasterland)
L. SANDAG Shoreline Preservation Working Group
(Worden/Gaasterland/Martinez)
M. SANDAG LOSSAN Executive Task Force (Druker/Gaasterland) N. San Diego Metropolitan Wastewater Commission/JPA (Worden/Quirk/Druker) O. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Worden/Quirk)
P. Other Regional Organization Reports
XIII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.

A. Arts Advisory Committee (Druker)
B. Clean Water Rate Project
C. Del Mar Community Connections (Martinez/Worden)
D. Del Mar Village Association (Gaasterland/Martinez)
E. Finance Committee (Druker/Worden)
F. Housing Subcommittee (Gaasterland/Martinez)
G. Human Resources Subcommittee (Druker/Worden)
H. Legislative Subcommittee (Gaasterland/Martinez)
I. Measure Q Citizen Oversight Committee (Gaasterland/Quirk) J. Parks and Recreation Committee (Martinez/Gaasterland) K. Del Mar Railroad Committee (Druker/Gaasterland)
L. Lagoon Committee (Quirk/Worden)
M. Sea-Level Rise Adaptation Plan Implementation Subcommittee (Gaasterland/Martinez)
N. Shores Advisory Committee
O. Sustainability Advisory Committee (Martinez/Worden)
P. Traffic and Parking Advisory Committee (Quirk/Worden) Q. Undergrounding Project Advisory Committee (Druker/Gaasterland) R. Other Committee-Subcommittee Reports
XIV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.

Del Mar City Council Regular Meeting March 4, 2024
Revised Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us March 18, 2024
Measure Q Citizen Oversight Committee Results of FY 2022-23 Measure Q Review Housing Element Annual Progress Report
Helix Amendment for Riverpath NEPA
1411 Via Alta Public Easement Acceptance
Adoption of Resolution Amending Community Plan and Introduction of Ordinance Amending Central Commercial (CC) Zone and Public Facilities (PF) Zone/LCPA (HE Implementation) Council Consideration to Establish a Section 115 Trust for Pension Purposes FY 2022-2023 Final Financial Audit Report
FY 2022-2023 Final Financial Report & FY 2023-2024 Mid-Year Financial Report Proposed FY 2024-25 Advisory Committee Work Plans
Interviews and Appointment to the Design Review Board (Tentative pending sufficient applications received)
XV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 29th day of February, 2024 at approximately 3:00 p.m.
___________________________________________ 2/29/2024
Sarah Krietor, Administrative Services Manager/ Date
City Clerk

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
FEBRUARY 20, 2024
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
And via teleconference
1317 Irving Avenue, Colonial Beach, VA 22443
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.

CALL TO ORDER
Mayor Druker called the Regular Meeting to order at 4:30 p.m.

ROLL CALL

Present: Mayor Dave Druker; Deputy Mayor Terry Gaasterland (participated remotely); Councilmembers Tracy Martinez, Dan Quirk, and Dwight Worden

PLEDGE OF ALLEGIANCE
City Manager Ashley Jones led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
Mayor Druker opened the item to public comment and the following people spoke regarding the San Diego LOSSAN Rail Realignment project:
1) Angie Neglia with two donations of time from Ross Neglia and Dean Meredith 2) Monica Meredith
3) John Stahl
4) Camilla Rang
5) Bill Carpenter
6) Mike Boyle
7) Shirli Weiss with a donation of time from Jas Grewal 8) Mark Rittenbaum
9) Timothy Davis
10) Steve Quirk
Mayor Druker closed public oral communications.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
Councilmember Quirk provided an update on his request to SANDAG staff for information related to the LOSSAN Rail Realignment project. Deputy Mayor Gaasterland provided comments on the SANDAG Rail Realignment project. Councilmember Martinez commented on her desire to receive an update on the formation of a LOSSAN Rail Realignment Taskforce. Councilmember Worden provided an update on the upcoming presentation from Greg Hearon with Coastal Frontiers regarding the Oceanside Littoral Cell and Ocean Protection Council sea-level rise guidance. 1 March 4, 2024 Item 03
City Council Regular Minutes
February 20, 2024

CITY MANAGER’S REPORT
City Manager Ashley Jones reported that the Fairgrounds Board would be considering an exclusive negotiating rights agreement with the City at their meeting today; continuation of the February 13, 2024, Planning Commission meeting to February 21, 2024; annual Council Goals & Priorities Setting Workshop scheduled is for February 27, 2024, at 1:00 p.m. in the Town Hall (subsequently rescheduled to March 11, 2024 at 5:00 p.m.); and provided an update on the removal of the dead Monterey Cypress trees and process for replacing the trees with a species better suited for the locations.

PRESENTATIONS
ITEM 1: SAN DIEGO COUNTY WATER AUTHORITY REPRESENTATIVE UPDATE (CLERK’S FILE NO. 1506-3)
Mayor Druker introduced the item. A presentation was provided by San Diego County Water Authority (SDCWA) Board Chair and Del Mar representative Mel Katz. SDCWA Water Resource Director Jeff Stephenson was available to answer questions.

City Council questions and discussion focused on appreciation to Chair Katz for his service on the SDCWA Board; whether the SDCWA has coordinated with Mexico related to future water projects; desalination plants; and uses for reclaimed water.

There were no public speakers for the item.

CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.

IT WAS MOVED BY COUNCILMEMBER MARTINEZ, SECONDED BY COUNCILMEMBER WORDEN TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 6 AND 8.

Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

ITEM 2: APPROVAL OF MINUTES: FEBRUARY 5, 2024 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED FEBRUARY 20, 2024 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.

ITEM 5: APPROVAL OF FIRST AMENDMENT TO AGREEMENT FOR CITY COUNCIL RETREAT WORKSHOP FACILITATION SERVICES (CLERK’S FILE NO. 406-1) 2 March 4, 2024 Item 03
City Council Regular Minutes
February 20, 2024

Council approved a First Amendment to the Agreement for City Council Retreat Workshop Facilitation Services with The Centre for Organization Effectiveness to extend the term of the Agreement for an additional 6-month period terminating September 5, 2024; and authorized the City Manager to execute the First Amendment, on consent.

ITEM 6: A RESOLUTION OF THE CITY COUNCIL CONDITIONALLY APPROVING ENCROACHMENT PERMIT EP23-094 TO RETAIN AND MAINTAIN PRIVATE

VEGETATIVE, STRUCTURAL, AND DRAINAGE-RELATED ENCROACHMENTS

INSTALLED WITHIN A PORTION OF UNIMPROVED PUBLIC RIGHT-OF-WAY (ALLEY) ADJACENT TO 919 KLISH WAY, 1035 KLISH WAY, AND
964 CREST ROAD (CLERK’S FILE NO. 802-1)
Council adopted Resolution 2024-02, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING ENCROACHMENT PERMIT EP23-094, A REQUEST TO RETAIN PRIVATE VEGETATIVE, STRUCTURAL, AND DRAINAGERELATED ENCROACHMENTS WITHIN A PORTION OF UNIMPROVED PUBLIC RIGHT-OF-WAY (ALLEY) ADJACENT TO 919 KLISH WAY, 1035 KLISH WAY, AND 964 CREST ROAD IN DEL MAR, CALIFORNIA”, consistent with Council direction on January 8, 2024, on consent.

ITEM 7: RECOMMENDED COMPENSATION ADJUSTMENT RELATED TO THE CITY MANAGER’S PERFORMANCE EVALUATION AND FIRST AMENDMENT TO EMPLOYMENT CONTRACT (CLERK’S FILE NO. 102-8, 406-1, 502-1) The item was pulled from the Consent Calendar by Councilmember Quirk who provided comments on the undergrounding project and pension expenses.

IT WAS MOVED BY COUNCILMEMBER WORDEN AND SECONDED BY
COUNCILMEMBER MARTINEZ TO ADOPTED RESOLUTION 2024-03, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA,

AUTHORIZING COMPENSATION ADJUSTMENT FOR ASHLEY JONES AS CITY

MANAGER FOR THE CITY OF DEL MAR AND ADOPTING THE AMENDED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL SALARY SCHEDULE”, EFFECTIVE DECEMBER 13, 2023; 2) APPROVED THE FIRST AMENDMENT TO THE CITY MANAGER’S EMPLOYMENT AGREEMENT EXTENDING THE TERM TO DECEMBER 13, 2030, AND INCREASING DEFERRED COMPENSATION; AND 3) AMENDED THE FISCAL YEAR 2023-24 OPERATING AND CAPITAL BUDGET AS INDICATED IN THE FISCAL IMPACT SECTION OF THIS REPORT. (VOTE 5-0) Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

ITEM 8: REAPPOINTMENT TO THE MEASURE Q CITIZEN OVERSIGHT COMMITTEE (CLERK’S FILE NO. 401-5)
Council reappointed K. Alan Lonbom to serve on the Committee as a voting member for a second three-year term from February 20, 2024, through February 28, 2027, on consent. 3 March 4, 2024 Item 03
City Council Regular Minutes
February 20, 2024

PUBLIC HEARING
ITEM 9: SIDEWALK CAFÉ PERMIT SCP23-003 – APPLICATION REQUEST TO INSTALL A NEW SIDEWALK CAFÉ IN THE PUBLIC RIGHT-OF-WAY, ADJACENT TO SUITES 105-107 AT THE DEL MAR PLAZA (1555 CAMINO DEL MAR).

APPLICANT: VALLEY FARM MARKET
OWNER: BRIXTON CAPITAL (DEL MAR PLAZA)
APN #: 300-030-86 (CLERK’S FILE NO. 701-2)
An introduction to the item was provided by Mayor Druker. A presentation was provided by Principal Planner Matt Bator. There were no City Council disclosures or recusals for the hearing.

Council questions and discussion focused on the width of the walkway.

There were no public speakers for the item.

IT WAS MOVED BY COUNCILMEMBER WORDEN AND SECONDED BY DEPUTY MAYOR GAASTERLAND TO ADOPT RESOLUTION 2024-04, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING SIDEWALK CAFE PERMIT SCP23-003, TO ALLOW THE INSTALLATION OF A NEW SIDEWALK CAFÉ IN THE PUBLIC RIGHT-OF-WAY ADJACENT TO THE DEL MAR PLAZA AT 1555 CAMINO DEL MAR IN DEL MAR, CALIFORNIA.” (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

CITY COUNCIL OTHER BUSINESS
ITEM 10: OVERVIEW OF WATER AND WASTEWATER RATE STUDY AND PROPOSED RATE SCHEDULE AND RECOMMENDATION TO INITIATE THE 218 PUBLIC NOTICING PROCESS (CLERK’S FILE NO. 907-4)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Public Works Director Joe Bride, and HF&H Consultants, LLC representatives Senior Vice President Rick Simonson, and Project Manager Gabe Sasser.

Council questions focused on reserve targets; Prop 218 majority protest voting process; connection fee revenue and impact to rates; the City’s current water and wastewater rates; whether Del Mar residents who are located in an outside services area (e.g. North Bluff area served by Solana Beach) also pay any fees to Del Mar for service; and clarification on base (fixed) rates paid by water and wastewater customers.

There were no public speakers.

Council discussion focused on incentives to reduce water consumption; whether the City offers a program a water bill subsidy assistance program; and whether the County or State provides subsidies.

IT WAS MOVED BY COUNCILMEMBER WORDEN AND SECONDED BY COUNCIL MEMBER MARTINEZ TO DIRECT STAFF TO PROCEED WITH THE REQUESTED PROPOSITION 218 PUBLIC 4 March 4, 2024 Item 03
City Council Regular Minutes
February 20, 2024

NOTICING PROCESS FOR RECOMMENDED WATER AND WASTEWATER RATES EFFECTIVE JULY 1, 2024. (VOTE 5-0)
Ayes: Mayor Druker, Deputy Mayor Gaasterland, and Councilmembers Martinez, Quirk and Worden; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
City Council representatives reported on the CSA-17 Ambulance District Advisory Board; North County Transit District; Parks and Recreation Committee; and Del Mar Community Connections.

ADJOURNMENT
Mayor Druker adjourned the meeting at 7:02 p.m.
__
Sarah Krietor, Administrative Services Manager/
City Clerk
5 March 4, 2024 Item 03

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
FEBRUARY 20, 2024
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
And via teleconference
1317 Irving Avenue, Colonial Beach, VA 22443

CALL TO ORDER
Mayor Druker called the meeting to order at 7:30 P.M.

ROLL CALL

Present: Mayor Dave Druker; Deputy Mayor Terry Gaasterland (participated remotely); Councilmembers Tracy Martinez, Dan Quirk (absent for Item A and present for all other items), and Dwight Worden

CLOSED SESSION
A) Real Property Negotiations
Property: San Dieguito Drive from Oribia Road to Racetrack View Drive Negotiating Parties: City of Del Mar and San Dieguito Drive Property Owners Under Negotiation: Potential dedication and improvement of the road and terms and conditions of the same
Authority: Government Code Section 54956.8
Reportable Action: None. Councilmember Quirk was absent for Item A.

B) Conference with Legal Counsel - Initiation of Litigation Number of Cases: One
Description: Regional Housing Needs Assessment (RHNA) Allocation Authority: Government Code Section 54956.9(d)(4)
Reportable Action: None.

C) Conference with Legal Counsel – Significant Exposure to Litigation Number of Cases: One
Description: Accessory Dwelling Unit (ADU) Ordinance Implementation Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None.

D) Public Employee Performance Evaluation
Title: City Manager
Authority: Government Code Section 54957
Reportable Action: None.

ADJOURNMENT
Mayor Druker adjourned the meeting at 8:15 P.M.
____
Sarah Krietor, Administrative Services Manager/
City Clerk
6 March 4, 2024 Item 03
1 March 4, 2024 Item 04
2 March 4, 2024 Item 04
3 March 4, 2024 Item 04
4 March 4, 2024 Item 04
5 March 4, 2024 Item 04
6 March 4, 2024 Item 04
7 March 4, 2024 Item 04
8 March 4, 2024 Item 04
City of Del Mar
Agenda Report
TO: Honorable Mayor and City Council Members
FROM: Nestor Machado, Management Analyst
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: March 4, 2024
SUBJECT: Agreement for As-Needed Printing Services
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve a professional service agreement with Del Mar Blue Print Company (Attachment A) for as-needed printing, publishing, and scanning services for an initial three-year period effective March 4, 2024, through March 4, 2027; and 2) Authorize the City Manager to execute the agreement and any subsequent term extension amendments provided for under the Agreement contingent upon satisfactory performance by the professional.

DISCUSSION/ANALYSIS:

The Planning and Community Development Department has an ongoing need to digitize physical records such as plans, permits, applications, and other related planning documents as part of an ongoing effort to maintain documents in a digital format. Per the City’s Record Retention Schedule, planning documents should be scanned and maintained in the City’s document imaging system and physical documents destroyed after they have been scanned and quality controlled. The Department currently has documents at City Hall and at an off-site storage facility that are in the process of being digitized to easily search and reference for planning purposes or for public records requests.

On March 4, 2019, the City Council approved agreements with 2 nd Street Printing, Del
Mar Blue Print Company, and Scantech Graphics Inc. to augment City capabilities related to printing, publishing, scanning, and graphic design. The agreements with 2 nd Street
Printing and Scantech Graphics Inc. expired in March 2022. Since approval of those agreements, the City has worked exclusively with Del Mar Blue Print to digitize records to reduce staff time in searching for physical records. The current agreement with Del Mar Blue Print is set to expire on March 4, 2024, after it was extended for an additional twoyear period in March 2022. ________________________________________________________________________________________________________ City Council Action:
1 March 4, 2024 Item 06
City Council Agenda Report
Agreement for As-Needed Printing Services
March 4, 2024

On January 25, 2024, the City issued a Request for Qualifications (RFQ 2024-02) soliciting proposals from qualified professionals to perform third-party printing services.

During the solicitation period, one proposal was received from Del Mar Blue Print Company. The proposal was carefully evaluated by City staff based on experience and qualifications. Proposed costs and fees were also evaluated to ensure they were in line with current market rates for the services to be provided.

After a thorough review of the submitted proposal, staff determined that Del Mar Blue Print is qualified to meet the City’s current and future needs based on a history of working with the company and their proven ability to accommodate the volume of records to be digitized and expected turnaround times. Del Mar Blue Print has experience providing similar professional services to other agencies.

To ensure that operational needs continue to be met, staff recommends that the City Council approve the as-needed Agreement with the Del Mar Blue Print Company. The Agreement would be for an initial three-year period beginning March 4, 2024, through March 4, 2027, with the option for the City Manager to extend the agreement for an additional two-year period based upon satisfactory service being provided during the initial contract period.

FISCAL IMPACT:

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

Sufficient funds for these as-needed printing services are available in the approved Fiscal Year 2023-2024 budget. Funds for these services will also be included in future fiscal year budgets for Council consideration.

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and is not included in the City Council’s list of Goals & Priorities.

ATTACHMENTS:

Attachment A – Agreement with Del Mar Blue Print Company 2 March 4, 2024 Item 06

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF DEL MAR AND DEL MAR BLUE PRINT COMPANY

FOR AS-NEEDED PRINTING SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 4 th day
of March, 2024 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Del Mar Blue Print Company (“Consultant”) (collectively “Parties”).

WHEREAS, the City desires to employ a consultant to provide printing, publishing, and scanning services (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.

NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:

1. CONSULTING SERVICES.

1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.

1.2. Project Coordinator. The Planning Department Management Analyst is hereby designated as the Project Coordinator for City and will monitor the progress and execution of this Agreement. Dan Rowley, Business Development Executive 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. This Agreement shall be effective for a period of three (3) years beginning on March 4, 2024, and ending on March 4, 2027. The agreement may be extended for an additional two (2) year period, upon written approval of both Attachment A 3 March 4, 2024 Item 06
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parties. Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

2.2 Delay. Any delay occasioned by causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.

2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default.

2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice.

Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.

3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Consultant shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Consultant to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Consultant shall be delivered to the City Manager, upon his request, as property of City.

4. COMPENSATION.

4.1 Total Amount. Compensation to Consultant shall be provided in accordance with the rates described in the Scope of Services contained in Exhibit “A” Consultant shall bill the City for work provided and shall present a written request for such payment monthly.

City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.

4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with Scope of Services contained in Exhibit “A.” City and Consultant shall agree to the costs prior to commencement of such work.

5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise Attachment A 4 March 4, 2024 Item 06
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full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.

6. STATEMENT OF EXPERIENCE. Consultant agrees that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. By executing this Agreement, Consultant represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City. Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

7. AUDIT OF RECORDS.

7.1 At any time during normal business hours and as often as may be deemed necessary, the Consultant shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Consultant shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.

7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts, and shall ensure that these sections are binding upon all subcontractors.

8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.

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 Attachment A 5 March 4, 2024 Item 06
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Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.

9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.

9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Consultant’s relevant financial interests.

10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.

11. INSURANCE

11.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.

11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to 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 Attachment A 6 March 4, 2024 Item 06
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cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).

11.3.3 Workers' Compensation. For all of the Consultant's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage.

The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.

11.3.4 Consulting Liability. Consulting liability (errors and omissions) coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Consultant shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this Agreement whichever occurs last. The Consultant agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the City's exposure to loss. All defense costs shall be outside the limits of the policy.

11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Consultant and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:

11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.

11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.

11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The 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 Attachment A 7 March 4, 2024 Item 06
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received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

12. DEFENSE AND INDEMNIFICATION.

12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.

12.2 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.

12.3 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend.

13. SUBCONTRACTORS.

13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.

13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement.

The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.

13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement Attachment A 8 March 4, 2024 Item 06
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should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.

14. NON-DISCRIMINATION. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.

15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.

If to City: If to Consultant:

City of Del Mar Del Mar Blue Print Company
City Clerk Dan Rowley
1050 Camino del Mar 2201 San Dieguito Dr.

Del Mar, CA 92014 Del Mar, CA 92014
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.

18. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the county of San Diego, California.

Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.

19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of Attachment A 9 March 4, 2024 Item 06
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prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.

To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.

20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Agreement.

21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.

22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.

23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.

24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.

25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.

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26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortious conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.

27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.

28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.

29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF DEL MAR,
a municipal corporation
By: ____________________________
Ashley Jones, City Manager
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney

DEL MAR BLUE PRINT COMPANY
By: _______________________
Mike Kraus, CEO
Attachment A 12 March 4, 2024 Item 06
3 EXHIBIT "A"

SCOPE OF SERVICES
Scope of Work
City of Del Mar
Requested Service
DMBP Has the
Ability to Provide
Service Cost of Service*
PRINTING Yes
Large Format Printing (b&w) Yes $0.30/s.f or less. Based on quantity.

Large Format Printing (color) Yes $0.30/s.f or less. Based on quantity.

Small Format Printing (b&w) Yes $0.07/ea. or less. Based on quantity.

Small Format Printing (color) Yes $0.29/ea. or less. Based on quantity.

Flyer and Mailer Printing Yes Job Specific. Quoted as needed.

Banner Printing Yes $2.50/s.f.

Sign Printing Yes Job/material Specific. Quoted as needed.

PUBLISHING Yes
Mounting** Yes Job/material Specific. Quoted as needed.

Laminating Yes Job/material Specific. Quoted as needed.

Book Binding Yes Job/material Specific. Quoted as needed.

Document Assembly Yes Job/material Specific. Quoted as needed.

SCANNING Yes
Large Format Scanning (b&w) Yes $0.30/s.f.

Large Format Scanning (color) Yes $0.30/s.f.

Small Format Scanning (b&w) Yes $.10/per sheet
Small Format Scanning (color) Yes $.10/per sheet
Bound Book Scanning Yes $.25/per sheet
Scanning to Multiple Files Yes No additional charge.

GRAPHIC DESIGN Yes $80/hr
DELIVERY Yes No charge
ADDITIONAL SERVICES Yes Job Specific. Quoted as needed. *s.f. = square foot | ea. = each
**New technology direct to board prints available at lower rates than print and mount. www.delmarblue.com
Attachment A 13 March 4, 2024 Item 06
City of Del Mar
Agenda Report
______________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Karen Falk, Principal Engineer
Joe Bride, Public Works Director / City Engineer
Via Ashley Jones, City Manager
DATE: March 4, 2024
SUBJECT: Review Results of the 2023 Pavement Condition Assessment and Five-Year Pavement Management Program
REQUESTED ACTIONS/RECOMMENDATION:

Staff recommends that the City Council review and discuss the results of the 2023 Update to the Five-Year Pavement Management Program Report (Attachment A) prepared by Buckman Infrastructure Group and provide direction to staff.

BACKGROUND:

The City of Del Mar implements a Pavement Management Program (PMP) to improve and maintain the City’s roadways. In 2013, the City hired a pavement management service to provide a citywide pavement condition assessment of the City’s roadways. The paving assessment included performing a field survey to evaluate the approximately 30 miles of arterials, local streets, and paved alleys maintained by the City. Based on the surface condition observed during the field surveys, a numerical ranking in the form of a Pavement Condition Index (PCI) for each road segment was calculated. The PCI is a condition rating that ranges from 0 for a road that has structurally failed and deteriorated dramatically to 100 for a new road. During the 2013 assessment, the citywide weighted PCI was determined to be 65, which was considered to be an overall “fair” condition rating.

The City subsequently increased the paving budget and set a goal of increasing the citywide weighted PCI goal to 76, an overall “good” condition. Staff developed a paving schedule to address the City’s most neglected streets with the additional funding allocated by the City Council. The program was also integrated with the City’s Water, Wastewater, and Storm Drain annual Capital Improvement Program projects to ensure street paving projects were scheduled after the completion of any necessary deep utility trenching projects to avoid trenching on newly paved roadways.

The program proceeded on schedule, spending approximately $530,000 annually, for approximately five years until the COVID-19 pandemic forced the City to make significant 1 March 4, 2024 Item 07
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budget reductions to the annual paving program starting in Fiscal Year (FY) 2020-2021 and continuing through FY 2022-2023. However, the Fiscal Year 2023-2024 and FY 2024-2025 Capital Improvement Program budgets restored paving funding to preCOVID-19 levels as City revenues recovered.

DISCUSSION/ANALYSIS:

On September 5, 2023, the City Council approved an agreement with Bucknam Infrastructure Group to conduct an updated citywide pavement condition assessment and prepare the City’s next five-year pavement management program. From the PCI results, three funding scenarios were prepared to predict the impact to future PCIs and deferred maintenance costs based on annual pavement funding levels of $500,000, $750,000, and $1,000,000.

During this assessment, the citywide weighted PCI was determined to be 76.1, which is considered to be an overall “good” condition rating. This assessment data confirms that the City achieved its 2013 goal of raising the citywide PCI from 65 to 76 despite two years of COVID-19 budget reductions to the program. As noted in the report, Del Mar’s PCI is comparatively higher than many of our neighboring jurisdictions, including City of San Diego recently ranked at 63 and City of Solana Beach at 73.

Based on the 2023 assessment, the City’s roadway network varies between “very good” to “poor”, and the percentile distribution is shown in Table 1. The list of street names and their associated PCI can be found on pages 50 - 62 of the PMP included as Attachment A, sorted first by street name and separately by lowest to highest PCI.

Table 1 – Current Citywide Conditions
Condition PCI
Range
Arterial
(miles)
Local
(miles)
Alleys
(miles)
Total
(miles)
Percent
of
Network
Very Good 86 – 100 4.5 4.4 0.6 9.5 32%
Good 75 – 85 2.3 5.7 0.2 8.2 27%
Fair 60 – 74 2.9 5.4 0.4 8.7 29%
Poor 41 – 59 1.7 1.4 0.4 3.5 12%
Very Poor 0 – 40 0 0 0 0 0%
TOTAL 11.4 16.9 1.6 29.9
A maintenance strategy was developed based on the results of the condition survey with repair recommendations for each PCI range. Maintenance recommendations could include preventative work such as crack sealing and localized patching, 1.5 inch to 2.5- inch grind and overlay, 2-inch asphalt-rubber, or full road reconstruction.

City staff will annually prepare bid packages for the highest priority projects, which are those with the lowest PCI. If utility undergrounding or an infrastructure replacement project is identified, the road segment may be deferred so the pavement restoration can 2 March 4, 2024 Item 07
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be performed at the conclusion of the undergrounding or infrastructure replacement project.

As discussed above, the PMP evaluated three annual funding scenarios ($500,000, $750,000, and $1,000,000) to aid in budgeting and future decision-making. These scenarios utilized current PCIs and benchmarked regional unit costs for pavement repair.

Table 2 summarizes the results of these funding scenarios, and the impacts on the overall PCI and deferred maintenance balance.

Deferred maintenance is the cost of the pavement maintenance and rehabilitation that is needed but has not yet been completed. This is a metric utilized in PMPs to analyze if pavement funding is adequate and moving toward the long-term goal of improving street quality. The City currently has a deferred maintenance balance of approximately $5,700,000. All three funding scenarios demonstrate a reduction in deferred maintenance balance over the next five years.

Table 2 – Summary of Results from Three Funding Scenarios Annual Funding PCI at end of Five
Years
(FY 28-29)
Total Amount
Spent in Five
Years
Deferred
Maintenance
Balance
$ 500,000 78.1 $2,500,000 $5,185,600
$ 750,000 80.5 $3,723,400 $3,915,400
$1,000,000 82.0 $5,002,500 $2,322,400
Significant funding, totaling $1,445,000, was included in the current two-year budget for the completion of a citywide paving condition assessment and to begin investment in pavement projects identified in the Five-Year Pavement Management Program. This includes funding from various sources as summarized in Table 3 below.

Table 3 – Pavement Funding Sources
Funding Source FY23-24 Budget FY 24-25 Budget
General Fund 211,100 417,500
SB1 (RMRA) Fund 97,400 90,000
RTIP TransNet 391,000 147,000
Measure Q 45,500 45,500
TOTAL $745,000 $700,000
City staff is recommending spending $750,000 annually, which is projected to increase the City’s PCI to 80.5 at the conclusion of the five-year period in FY 28-29. It is anticipated that the City will continue to receive funding from multiple revenue sources to supplement money in the general fund as identified in Table 3. The City’s financial projections indicate that it is reasonable to assume $750,000 will be available annually to spend on pavement improvements for the next five years. In future years, City Council may consider allocating additional pavement funding on a one-time basis, as funding 3 March 4, 2024 Item 07
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2023 Pavement Condition Assessment and Five-Year Pavement Management Program March 4, 2024

becomes available. An increased allocation would allow a pavement segment further down the prioritized list to be accelerated and constructed sooner.

Further, this report establishes that the minimal level of service acceptable to the City is a PCI of 70. If a road has a PCI below 70, it would be eligible for rehabilitation or reconstruction. If a road has a PCI above 70, preventative maintenance activities, such as patching or crack sealing, would be recommended to extend the lifespan of the existing pavement. This standard would determine if the full road width would be repaired following an undergrounding or other infrastructure project. If the pavement has a PCI above 70, the utility project will only include trench repair.

The PMP database will be updated annually following completion of roadway rehabilitation and replacement projects. Comprehensive field surveys are recommended at five (5) year frequencies to maintain accurate PCIs and evaluate whether certain segments have deteriorated earlier than anticipated and update recommended improvements.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council for this agenda item. Funding for the preparation of the Pavement Management Program is included in the Council approved Capital Improvement Program budget for Fiscal Year 2023-2024 under

40.7000.7009 – Annual Pavement Rehabilitation.

ENVIRONMENTAL IMPACT:

The action being considered is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” per Section 15378(b) (5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The 2023 Pavement Condition Assessment and Five-Year Pavement Management Program is a Tier 2 Council priority project for Fiscal Years 2023-24.

ATTACHMENTS:

Attachment A – 2023 Update of Pavement Management Program 4 March 4, 2024 Item 07

FINAL REPORT

UPDATE OF

PAVEMENT MANAGEMENT PROGRAM
(Citywide)
2024-2029

Submitted to:

City of Del Mar, CA
February 26, 2024
100-21
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February 26, 2024
Mrs. Karen Falk, PE
Principal Engineer
City of Del Mar
2240 Jimmy Durante Blvd
Del Mar, CA 92014
Subject: Final Report - Update of the Pavement Management Program Dear Karen:

As part of the 2023-24 Update of the Pavement Management Program for the City of Del Mar, Bucknam Infrastructure Group, Inc. (Bucknam) is pleased to submit the Final Report for the City’s pavement network.

The information contained in this report was used to develop the recommended improvement program for the pavement network. The report covers the following categories:
• Executive Summary (Section I)
• Pavement Management Program Development and Reporting (Section II) • Pavement Conditions For Each Segment in the Network (PCI Report – Section III) The Pavement Condition Index report shows the present condition of each street in the pavement network. In addition, the report shows the basic geometry of each street segment. • Forecast Maintenance & Rehabilitation (FMR) Reports (Section IV) • Recommended Maintenance and Repair Strategies
The recommended maintenance and repair strategies were used to generate the Forecast Maintenance & Rehabilitation Report and were based on our 2023 inspections. Additionally, we have assessed and incorporated unit cost and maintenance application practices/types with our strategies. • Projected Projects based on M&R Strategies
The FMR Report projects the street maintenance activities required for the next five years, broken down to show maintenance levels for Arterials, Collectors, Locals and Alley streets. The data included in this report is organized by fiscal year. 6 March 4, 2024 Item 07
Our thorough analysis of previous and current Del Mar PMP strategies enabled our staff to make proactive recommendations to the City’s pavement CIP. All comments received from the City have been incorporated in the reports that follow. All of the City’s issues and needs that were brought to our attention are included in the report. It has been a pleasure working with you and the City on updating your Pavement Management Program. We look forward to the continued success of this project and future teamwork with City staff.

Sincerely,
Bucknam Infrastructure Group, Inc.

Peter J. Bucknam
Project Manager
Infrastructure Management – GIS Services
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Final Report – February 26, 2024

TABLE OF CONTENTS
I. Executive Summary
A. City’s Pavement Network
B. Current Citywide Conditions
C. Maintenance Strategy Development
D. Annual Budget Projections
E. Quality Control Efforts
F. Findings and Recommendations
II. Pavement Management Program-Capital Improvement Program A. Pavement Management Program Update 2023-24
B. Maintenance Strategy Assignments
C. Multi-Year Annual Work Program Projects
i. $500,000 – Five-Yr Budget Program
ii. $750,000 – Five-Yr Budget Program
iii. $1,000,000 – Five-Yr Budget Program
III. Pavement Condition Index (PCI) Reports
A. Definitions
B. Condition Distribution Report
C. Calculation of PCI
D. Del Mar MyRoads®
E. Sample Distress Report
F. Del Mar 2023-24 PCI Map
G. Name Order (A to Z)
H. PCI Order (0-100)
IV. Forecast Maintenance / Rehabilitation (FMR) Report
A. $750,0000 / Yr PMP Budget, Five Year Plan (2024-2029) 8 March 4, 2024 Item 07
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Table and Figure Reference Page #
Figure 1 – Pavement Area (SF) by Street Classification 2 Figure 2 – Del Mar Street / Rank Classifications 3
Figure 3 – PCI Distribution by Section Mileage for All Streets 5 Figure 4 – Sample Pavement Life Cycle 15
Figure 5 – Five Year Projection; $500k/Yr Budget 19
Figure 6 – Five Year Projection; $750k/Yr Budget 20
Figure 7 – Five Year Projection; $1,000,000/Yr Budget 21 Figure 8 – Arterial Condition Distribution 27
Figure 9 – Local Condition Distribution 27
Figure 10 – Alley Condition Distribution 28
Figure 11 – PCI Calculation Worksheet 29
Figure 12 – Del Mar MyRoads® PMP Web-Portal 30
Figure 13 – Sample Distress Photos – Recommended Treatment 31 Figure 14 – 2023 Del Mar Pavement Condition Index (PCI) Map 49 Table 1 – Past and Present PCI Results and Comparisons 3 Table 2 – Condition Distribution by Section Mileage for All Streets 4 Table 3 – Five-Year Projection Demonstrating Annual $500k Budget 9 Table 4 – Five Year Projection Demonstrating Annual $750k Budget 9 Table 5 – Five Year Projection Demonstrating Annual $1,000,000 Budget 9 Table 6 – Pavement Condition Index (PCI) Ranges 14
Table 7 – Maintenance Strategy Assignments 14
Table 8 – Citywide Projection Utilizing $500,000 Annual Budget 18 Table 9 – Citywide Projection Utilizing $750,000 Annual Budget 20 Table 10 – Citywide Projection Utilizing $1,000,000 Annual Budget 21 Acronym Listing
American Society for Testing and Materials (ASTM)
Army Corps of Engineers (ACOE)
Asphalt Concrete (AC)
Asphalt Rubber Hot Mix (ARHM)
Average Daily Traffic (ADT)
Capital Improvement Program (CIP)
Geographic Information System (GIS)
Maintenance and Repair (M&R)
Pavement Condition Index (PCI)
Pavement Management Program (PMP)
Portland Cement Concrete (PCC)
San Diego Regional Transportation Sales Tax Measure (TransNET)

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Final Report – February 26, 2024 Section I

SECTION I

EXECUTIVE SUMMARY
2023-24 UPDATE OF PAVEMENT MANAGEMENT PROGRAM
This report reflects the continued commitment and proactive management of the City’s Pavement Management Program (PMP); the last major update to the City’s PMP was performed in 2013. As the City of Del Mar continues to show growth in its population, demographics, infrastructure and maintenance needs, the street network is demonstrating similar needs in regard to capital revenues and capital improvement program management.

Today, Bucknam Infrastructure Group utilized the Army Corps of Engineers pavement management program, MicroPAVER / MyRoads®, to establish and manage the 30 miles within street network. This software is essential in that it assists Public Works staff in identifying what levels of annual funding are needed to maintain and/or improve the pavement conditions across the network. These funds are vital for the annual arterial / collector street capital improvement program projects as well as for costeffectively managing the local network through proactive cyclical maintenance/rehabilitation and scheduling. Under this project, the City has incorporated the use of its unique Pavement Management – GIS MyRoads® PMP web-portal and GIS layers that assist the City in spatially analyzing pavement conditions and economic needs for a given pavement segment or citywide.

The Del Mar PMP has been developed to assist City personnel by providing current data on the City street networks and to develop cost-effective maintenance / rehabilitation strategies to maintain a desirable level of pavement performance on a network scale; this optimizes the expenditure of limited fiscal resources. The PMP efforts in the winter of 2023 consisted of analyzing the City’s previous PMP dataset for quality and usability. City staff also provided key information pertaining to the ongoing maintenance/rehabilitation efforts that have occurred throughout the City since 2013. In doing this, we were tasked to generate an updated Capital Improvement Program report that identified deficiencies and recommendations in the current operating and maintenance efforts put forth by the City.

For the 2023-24 project, our staff surveyed all arterial, collector, local and alley routes to assist the City in complying with San Diego County TransNet PMP requirements and analyzed historical maintenance / rehabilitation operations.

Specifically, the program provides administrators and maintenance personnel with:
• The present condition status of the pavement network (arterial, collector, local and alley streets), as a whole and of any grouping or individual component within the City; • A ranked list of all streets, or segments of streets, by condition within the network; • Rehabilitation/maintenance needs of qualifying street segments by year; • An optimized priority maintenance and rehabilitation program based on cost/benefit analysis and various levels of funding;
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• Optimum annual budget levels for pavement maintenance for the current and the following five (5) years;
• Prediction of the future performance of the City’s pavement network and each individual street section; and
• Pavement network and conditional data presented in ArcMap and MyRoads® that is compatible with City’s existing GIS Enterprise
Pavement is a dynamic structure where deterioration is constantly occurring; thus the pavement management system needs to be updated on a regular basis to reflect these changes in pavement conditions, pavement maintenance histories, and maintenance strategies based upon budgetary constraints. In our approach to develop the City’s forecasted maintenance recommendations we worked with Del Mar staff in identifying unit costs for all maintenance practices used on an annual basis.

Currently, based upon the City’s maintenance/rehabilitation practices and their associated unit costs, the total replacement value of the pavement network is $40,510,000 This value clearly indicates that the City’s pavement network is a very valuable and essential asset to Del Mar. The City’s use of preventative, ARHM Overlay and reconstruction practices are typically applied at a five year, ten year and 25 year frequency respectively. These frequencies are typical but the City may see increases in deterioration rates due to environmental, load and high average daily traffic (ADT) volumes. For example, high ADT volumes along one of Del Mar’s arterial streets will increase deterioration rates for a previously applied AC Overlay compared to a small local street. These deterioration rates are monitored through frequent inspections and functional class deterioration analysis within the City’s PMP database.

This report reflects our findings and recommendations for the PMP and the current state of the City’s pavement network. Furthermore, we have recommended detailed funding and maintenance strategies for the arterial/collector and residential networks for next five (5) years.

A. CITY’S PAVEMENT NETWORK
Combined, the entire network consists of 29.9
section miles of streets, 4,238,936 SF and 181 total
pavement sections. The Del Mar Arterial/Collector
pavement network consists of approximately 11.4
section miles of streets, 1,888,662 SF of AC/PCC
pavement that is made up of 44 pavement sections.

The Local network consist of approx. 16.9 section
miles of streets, 2,205,030 SF of pavement which
includes 124 pavement sections. The Alley network
consist of approx. 1.6 section miles of streets,
145,244 SF of pavement which includes 13
pavement sections.

The City’s pavement network is broken down into manageable groups that have similar characteristics, such as pavement rank, surface type and logical segmentation. Pavement segments are identified by their branch and section numbers. Pavement “branches” that have a common usage, such as Camino Del Mar, defines a “branch” within the PMP database. Pavement “sections” are pavement Figure 1
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segments within the defined branch that
have consistent pavement rankings,
construction/maintenance histories and
use. Representative inspection samples are
then selected and visually surveyed to
locate distress data. This data is used to
calculate the pavement sections Pavement
Condition Index (PCI) which includes distress
type, extent of the distress and its severity.

The PCI is a condition rating that ranges
from 100 (a new pavement section or
recently overlaid or reconstructed) to 0 for
a section that has structurally failed and
deteriorated dramatically. Weighted
average PCI of a given area equals the
pavement sections PCI multiplied by its own
area then divided by the total square
footage of the given area. Table 1
summarizes the section conditions found
within the City of Del Mar pavement
network by rank.
• The weighted avg. PCI for the City
of Del Mar ARTERIAL / COLLECTOR
network is 76.5
• The weighted avg. PCI for the City of Del Mar LOCAL network is 75.9 • The weighted avg. PCI for the City of Del Mar ALLEY network is 73.7 The weighted PCI value associated with the Arterial and Local routes shown through our survey analysis is timely in that it demonstrates the results of proactive pavement management. Furthermore, it is showing that a moderate amount of preventative maintenance, and overlay work will be needed over the next several years to sustain the level of condition (PCI) at a “preventative maintenance” level. The City is proactively scheduling and funding its PMP to reach a citywide weighted PCI of 80 within the next five years.

Table 1 – Past and Present PCI Results and Comparisons
Figure 2
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B. CURRENT CITYWIDE CONDITIONS (ARTERIALS-COLLECTORS, LOCALS AND ALLEYS) The overall condition of the City’s pavement network is “Good” with a weighted average PCI of 76.1 based on the surface area of each segment (this is a 11.1 PCI increase or a 17% increase compared to 2013 results). The distribution of the City’s overall pavement network is shown in Section III of this report (Condition Distribution).

Table 2 – Condition Distribution by Section Mileage for All Streets For comparison, Bucknam performed
pavement management studies for several
other SoCal local agencies and have included
their weighted PCI values (right).

As shown above, a large majority of segments are evenly distributed through four condition categories (Very Good to Poor). For a network in “preventive” condition status you would typically see Very Good to Good section percentage totals at the 55% to 60% range; Del Mar’s network currently shows 59% of its sections within these PCI ranges. These findings indicate that the proper funding of the network exists but should focus on improvement over the next five years; this will allow Public Works managers/staff to proactively establish preventative and rehabilitation schedules that will generate further high-value ROI for the City. At a minimum, to sustain this asset, continued amounts of overlay rehabilitation and preventative maintenance needs to be budgeted for and performed across all areas of the pavement network.

As shown in Table 2, over 41% of the City’s entire network falls within the fair, poor and very poor condition categories based on the PCI findings, highlighting the need for continued funding and implementation of proactive overlay projects. Increased overlay rehabilitation activity will improve the City’s overall weighted PCI while reducing deferred maintenance costs in future fiscal years.

Overlay projects applied to appropriate, qualifying segments is necessary to sustain the City’s network in a preventative condition status as described above. A network-wide preventative condition status is typically a network with a weighted average PCI over 75.

Regarding the Local network, detailed inspection analysis shows 23% (3.8 miles) requires overlay rehabilitation or full reconstruction. With the major amount of Local sections needing rehabilitation the City should proactively appropriate the necessary amount of annual overlay funding to improve the network to a higher condition level. 13 March 4, 2024 Item 07
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The Local network has shown minor improvement over five years however it will continue to be a major contributor to the high amount of deferred rehabilitation cost burdens unless appropriate pavement funding is applied.

In regard to the Arterial / Collector network, detailed inspection analysis shows that 32% (3.7 miles) requires overlay rehabilitation or full reconstruction. With the overall PCI in the mid-70’s, proactive planning and application of scheduled overlay projects needs to be established; this will improve the overall conditions while freeing up additional funding for deferred projects. With the supplement of SB1/RMRA/TransNet monies coming to the City this fiscal year additional projects can be schedule and expedited over the next three years.

Through our assessment of the City’s annual pavement management budget allocations (FY 2024-2029) the lack or major reduction of necessary CIP funds will cause the City’s citywide weighted PCI to decrease over the next five years if additional funding is not appropriated.

Furthermore, as large overlay and rehabilitation projects are considered for funding, the City should also consider using sub-grade R - Values, structural design, distress severities and extents as parameters for determining whether a pavement section that lies within the Poor to Very Poor condition range should be overlaid or reconstructed. The City has available and accessible Google .kmz Coring Data that will serve as an essential tool when assessing AC and Base thicknesses during grind and overlay planning.

PCI conditions reflect “surface” conditions; additional sub-surface data such as coring data, R-Values and ground penetrating radar (GPR) will provide City to with a better approach to the maintenance that should be applied.

Our 2023-24 findings reflect the need to proactively manage the PMP network over the next several years. As the City strives to implement a more preventative state of M&R, cost efficient Arterial/Local rehabilitation and proactive use of available SB1/TransNet overlay funding should remain the focus.

Figure 3 – PCI Distribution by Section Mileage for All Streets 14 March 4, 2024 Item 07
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C. MAINTENANCE STRATEGY DEVELOPMENT
Based on the results of the condition survey and input from the City, pavement maintenance/rehabilitation strategies were developed. From the onset, the City and Bucknam staff identified a distribution of City maintenance funds that would be applied to the network over the next five years. This was based upon the desire to prevent the decrease in street conditions and not allow an increase in the maintenance backlog funds over the five-year program.

Through our assessment and discussions with the City we were requested to identify what level of funding would be required to maintain the current PCI as well as identify the level of funding needed to increase the overall weighted PCI. With this approach, Bucknam has recommended a “minimal level of service” which creates a major dividing line in determining between preventive maintenance and major pavement rehabilitation.

Generally within pavement management programs, a PCI range between 55 to 70 determines the threshold of when preventive or major overlay rehabilitation is activated. Based on the City’s weighted average PCI, condition distribution, maintenance practices, our team has identified a PCI of “70” as the minimum level of service. This means, in most cases, that pavement sections with a PCI greater than 70 will typically be recommended for preventive maintenance. This recommendation is indicated in Table 7, Section II.

Bucknam developed three (3) multi-year Capital Improvement Programs for the City based on the pavement records, yearly capital expenditures, available funding and the most recent 2023 inspections.

These recommendations and results are shown in Section II of this report where, for example, we have demonstrated what level of funding is necessary to improve the current weighted condition level of 76 to a level of 80 by FY 2029.

As shown above in Figure 3, 56% of the City’s streets are in Good to Fair condition. These sections will be targeted for “preventive” maintenance within our Capital Improvement Program (CIP) recommendations.

The reasoning in doing this is to extend the life cycles of those “good” pavement sections which accrues capital saving to aggressively rehabilitate those pavement sections that are below the “minimal level of service”.

In order to achieve the most effective and optimum program for the City, certain strategies have been selected and/or analyzed. Below is a listing of the maintenance activities that are typically utilized in strategy development. Each activity is representative of the types of work that have been programmed as part of the long-term maintenance requirements of the City’s street network.

General Repairs-Stop Gap (Localized Maintenance*); PCI Range – 20 to 95 For this maintenance type, small localized surface treatments are utilized as “holding action” solutions (stop gaps) to delay the need for pavement structural strengthening. They typically include activities such as crack sealing, AC deep patching, AC skin patching, PCC slab replacement, grinding and leveling.

Microsurfacing - (Global Maintenance*); PCI Range – 60 to 85 Microsurfacing is similar to slurry seal. It consists of the application of a mixture of water, asphalt emulsion, aggregate (very small crushed rock), and chemical additives to an 15 March 4, 2024 Item 07
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existing asphalt concrete pavement surface. Polymer is commonly added to the asphalt emulsion to provide better mixture properties. The major difference between slurry seal and microsurfacing is in how they “break” or harden. Slurry relies on evaporation of the water in the asphalt emulsion. The asphalt emulsion used in microsurfacing contains chemical additives which allow it to break without relying on the sun or heat for evaporation to occur. Thus, microsurfacing is an application that hardens quicker than slurry seals and can be used when conditions would not allow slurry seal to be successfully placed. Streets that have a lot of shade and streets that have a lot of traffic are good candidates for microsurfacing (source - LA County of Public Works).

Slurry Seals (Global Maintenance*); PCI Range – 60 to 85 Surface treatments applied to pavements with minimal surface distress to provide new wearing surfaces and extend pavement life. Generally consists of a mixture of conventional or latex-modified emulsified asphalt, well-graded fine aggregate, mineral filler and water placed over an existing AC surface; Slurry seal application life-cycles are averaging 4 to 5 years. Type II Slurry is recommended for Local streets. Currently not used by the City.

Cape Seals (Global Maintenance*); PCI Range – 40 to 65
This is an application of a single layer of asphalt binder to a road surface immediately followed by a single layer of cover aggregate (chips). The single layer chip seal is then followed with a slurry seal application; Conventional cape seal application life-cycles are averaging 6 to 7 years. For sections that have lower PCI’s in this range, leveling courses should be considered. City is currently considering this application as an alternative cost-saving tool. Currently not used by the City.

Overlays (Major Rehabilitation*); PCI Range – 20 to 65
AC Overlay – Placement of a layer of hot-mixed asphalt concrete over the existing pavement surface (may include pavement fabric). Grinding (milling) is performed prior to the overlay to reduce the total height of asphalt and assure alignment with existing gutter lines. This also includes “dig-outs” and crack sealing prior to the application of an overlay. This treatment provides a new wearing surface and increased structural strength to the pavement section. A conventional overlay should be designed for a ten-year life.

Asphalt Rubber Hot-Mix Overlay - The ASTM definition is: Asphalt-Rubber is a blend of asphalt cement, reclaimed tire rubber and certain additives in which the rubber component is at least 15% by weight of the total blend and has reacted in the hot asphalt cement sufficiently to cause swelling of the rubber particles. Specifically, using crumb rubber modified binders in pavement application benefit local agencies in that cities find:
• Pavement resists cracking by being more flexible;
• Cost savings come from a longer life cycle (from Bucknam’s experience typically 20% longer), decreased maintenance and the use of less material
• Improvement in skid resistance;
• Decreased noise; and
• It provides long-lasting color contrast for marking and striping • Life cycles are averaging 8 to 12 years
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Reconstruction (Major Rehabilitation*); PCI Range – 0 to 20 Reconstruction of an existing pavement section includes demolition and removal of the asphalt to a prescribed depth, grading, sub-base compaction, application of a binder/surface course followed by the placement of a conventional flexible pavement section using a structural AC Hot Mix, ARHM or a full depth asphalt. Each classification of road has a typical design cross-section based on anticipated traffic loading. Reconstruction resets a roadway section PCI to 100 and restarts the life-cycle deterioration curve of the section.
*Localized, Global and Major maintenance activities are default terms used within the pavement software. Specific pavement repair applications are placed within each maintenance activity in order to develop multi-year maintenance forecast recommendations. 17 March 4, 2024 Item 07
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D. ANNUAL BUDGET PROJECTIONS
The budgeting process was approached with the following in mind; generate three (3) unique work programs for the next five (5) years based upon actual road pavement conditions in order to:

1. Demonstrate how a City $500,000/yr budget allocation for pavement maintenance/rehabilitation performs against the found conditions;

2. Demonstrate how a City $750,000/yr budget allocation for pavement maintenance/rehabilitation performs against the found conditions;

3. Demonstrate how a City $1,000,000/yr budget allocation for pavement maintenance/rehabilitation performs against the found conditions; Table 3 – Five-Year Projection Demonstrating Annual $500k Budget Table 4 – Five-Year Projection Demonstrating Annual $750k Budget Table 5 – Five-Year Projection Demonstrating Annual $1,000,000 Budget 18 March 4, 2024 Item 07
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Our findings within Table 4 or 5 demonstrate the continued ROI that will result if proper annual funding is applied. By applying approximately $750,000/yr or $1,000,000/yr the City will continue to see positive results with overall PCI and reduction in deferred preventative maintenance / overlay rehabilitation.

Additional detail and breakdown of budget projections are demonstrated in Section IV of this report.

All work program budgets generated are presented in terms of current 2024 dollars. All repair activities were based on distresses observed at the time of the field survey. These are recommendations and are to be used as “the best case scenario” for improving the City of Del Mar street network.

E. QUALITY CONTROL EFFORTS
Quality control efforts begin at the notice-to-proceed; this involved a full assessment of the previous PMP segmentation defined in the previous 2013 reporting as well as available GIS data associated with the City of Del Mar street network. The PMP network was then built within Bucknam’s license of MicroPAVER for the required general reporting, inspections, work history input and economic budgetary models shown in this report.

As indicated in our scope of work, Bucknam performed numerous quality control checks in the field during survey efforts. Field check efforts were performed at the end of each week of survey; 10% of the pavement inspection set was resurveyed by a second team to ensure the quantities and distress types were collected properly (approx. 3 miles).

Through our internal quality control efforts, we also found multiple sections that were missing and/or needed to be removed from the PMP network. All new sections were added to the PMP database and included in our survey efforts. We believe that all public street sections have been identified, inventoried, and surveyed under this project.
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F. FINDINGS AND RECOMMENDATIONS
Arterials/Collectors
The actual workload requirements identified indicate that the Arterial/Collector street network is currently in “Good” condition (PCI = 76.5). To improve this condition, it is essential that preventive maintenance and overlay rehabilitation activities are funded at the levels identified in Table 3 to sustain the network weighted average PCI value to within the “Good” condition category.

Our arterial/collector findings for conditional data and recommendations for revenue expenditures are shown below:
• The Arterial/Collector network has a weighted PCI of 76.5; • Currently, 32% of the arterial/collector network (approx. 3.7 miles) qualify for overlay/reconstruction maintenance;
• At a minimum, Arterial/Collector maintenance projects should focus on achieving and maintaining the a PCI of 76+ within the next five years;
• Develop a proactive fiscal and planned approach to identify arterial/collector overlay projects based on the deterioration modeling within the PMP software; • Maintain arterial/collector revenues at the levels shown within the Section IV Forecasted Maintenance Report for a minimum of five years to generate the results identified within this report;
• Reassess/re-evaluate the arterial/collector rehabilitation budget programs every two years to improve on CIP forecasts for 2024-25 and beyond to ensure the results shown in Table 3, 4 and 5; • Perform pavement inspections on the arterial/collector network every three years to build a solid planning model within MicroPAVER/MyRoads® to track PCI deterioration; • Demonstrated budget shown in Table 5 is ample to improve upon the Arterial/Collector weighted PCI of 76.5 through five years, additionally, the citywide deferred backlog decreases from a level of $5.2 million to $2.7 million after five years; and
• Bucknam recommends that the City proactively budget overlay rehabilitation projects at the levels shown in Table 5 in order to improve upon the conditions found today as well as minimize the impact of a high increase deferred backlog across the City 20 March 4, 2024 Item 07
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Locals
The actual workload requirements identified indicate that the Local street network is currently in “Good” condition (PCI = 75.9). To improve this condition, it is essential that preventive maintenance and overlay activities are funded at the levels identified in Table 3 to sustain the network weighted average PCI value in the “Good” category.

Our Local findings for conditional data and recommendations for revenue expenditures are shown below:
• The Local network has a weighted PCI of 75.9;
• Currently, 23% of the Local network (approx. 3.8 miles) qualify for overlay/reconstruction maintenance;
• At a minimum, Local maintenance projects should focus on achieving and maintaining a weighted PCI above a level of 75+ within the next five years;
• Current Local Forecast Maintenance & Rehabilitation (FMR) recommendations should be followed as shown in Section IV reporting;
• Develop a proactive fiscal and planned approach to identify Local overlay projects based on the deterioration modeling within the PMP software;
• Increase Local revenues at the levels shown within the Section IV Forecasted Maintenance Report for a minimum of five years to generate the results identified within this report; • Reassess/re-evaluate the Local rehabilitation budget programs every two years to improve on budget forecasts for 2024-25 and beyond to ensure the results shown in Table 3, 4 and 5; • Perform pavement inspections on the Local network every three years to build a solid planning model within MicroPAVER/MyRoads® to track PCI deterioration; and • Demonstrated budget shown in Table 5 is ample enough to improve the Local weighted PCI; proactive overlay funding needs to be implemented to see these results. additionally, the citywide deferred backlog decreases from a level of $5.2 million to $2.7 million after five years 21 March 4, 2024 Item 07
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Final Report – February 26, 2024 Section II

SECTION II
PAVEMENT MANAGEMENT PROGRAM – CAPITAL IMPROVEMENT PROGRAM Bucknam Infrastructure Group, Inc. (Bucknam) performed the following services in accordance with the scope of services that was contracted with the City of Del Mar. As a quick overview, the following tasks were performed to complete the work over the past several months:
2023-24 Pavement Management Work Efforts:

Task 1: Project Kickoff-Data Management
Task 2: Update of Maintenance Activities
Task 3: Pavement Condition Survey (approx. 29.9 miles)
Task 4: Budgetary Analysis and Capital Improvement Reports Task 5: Executive Summary and Final CIP Reports
Task 6: Mapping of the Pavement Network
A. PAVEMENT MANAGEMENT PROGRAM UPDATE 2023-24
As a part of the 2023-24 update of the pavement management program, a major element of work was to complete a comprehensive assessment of the existing street network and PMS database within the City.

This included building the City’s 2023 PMP database within Bucknam’s MicroPAVER license, GIS, street naming conventions and work history information. From there, Bucknam worked with the City to confirm public and private street listings which set the foundation for accurate CIP reporting. All data was then updated into the MicroPAVER database.

Work history information was provided by the City in the form of completed bid documents, institutional knowledge, and previous dataset and Excel documents. This information was entered into the proper pavement segments that match the limits of those projects. From there, CIP pavement recommendations were performed where the pavement maintenance/rehabilitation information the City provided (PMP application practices, unit costs, and capital budgets) was utilized to generate recommendations through the PMP software.

Table 6 demonstrates PCI ranges utilized for PCI calculations and reporting. Once a pavement inspection is complete, a PCI is calculated for each pavement section. Each PCI calculated falls within a defined PCI range category (Very Good, Poor, etc.). Furthermore, a weighted PCI was calculated for each functional class within the network (arterials and locals).

The PCI is a condition rating that ranges from 100 (a new pavement section or recently overlaid or reconstructed) to 0 for a section that has structurally failed and deteriorated dramatically. Weighted average PCI of a given area equals the pavement sections PCI multiplied by its own area then divided by the total square footage of the given area. This information can also be represented through MicroPAVER/MyRoads® to show how much square footage or percentage of area falls within a PCI range category.
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Table 6 – Pavement Condition Index (PCI) Ranges
These condition ranges are defined by the Army Corps of Engineers and utilized within the PMP software.

The summary of all roads condition data and their representative PCI's can be seen in the Pavement Condition Report in Section III.

B. MAINTENANCE STRATEGY ASSIGNMENTS
The City was requested to provide a pavement maintenance list that demonstrated what pavement applications were currently being used and to provide their associated unit costs; from there a Maintenance Strategy Table was defined within the system that provided recommended actions to the specific repair needs of a street or a grouping of streets.

Table 7 – Maintenance Strategy Assignments
The Strategy Assignments List, shown in Table 7, was developed to identify the most critical segments in each of the work programs (Arterial, Collector, Local and Alley). Segment priorities were established by determining the range of PCI's requiring first attention based on the relative value of each segment’s PCI, thus maximizing the annual maintenance budget. Also, distress quantity, area extent, type and severity were critical elements in the decision process for recommending maintenance.

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The strategy assignment table is used as a guide within PMP software to recommend maintenance, however, further assessment by City staff and/or outside parties can override maintenance recommendations. This can be done by reviewing and assessing distress extents and their weighted percentages.

Once the strategy assignments were set within the system, budgets and work assignments were generated for each work program on an annual basis. Using pavement deterioration curves for each type of pavement surface and class of road, both current year and future years work requirements for each pavement segment within the City were determined. In forecasting the maintenance requirements in future years, the current PCI value is reduced annually for each pavement segment based on the deterioration curves within the PMP database.

Likewise, maintenance activities performed in a given year increase the PCI value as they are applied to the segment. The overall program is dynamic in that each strategy consists of a cyclic series of actions that simulates the pavement anticipated life cycle.

Strategy Assignment Notes

1. Unit costs from the City’s most recent construction bids were used as well as benchmarked values from neighboring SoCal local agency cities;

2. 25% contingency costs were applied to pavement material costs(for design, bidding, construction management, inspection, staff labor and contingency); additional soft costs that were not included were:
a. Right-of-way improvements
b. Curb & gutter improvements
c. ADA ramp improvement
d. Utility improvement
e. Tree removals

3. Bucknam applied a 5% inflation rate on the annual budget within forecast maintenance & rehabilitation projections (Section IV)
Figure 4 – Sample Pavement Life Cycle
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C. MULTI-YEAR ANNUAL WORK PROGRAM PROJECTIONS
The goal of these projections is to assist City policy makers in reviewing/utilizing the recommendations of the PMP software. By using the City of Del Mar’s current budgets and maintenance practices the system will develop “section unique” improvements and strategies. Qualifying segments will be tied to a specific fiscal year. As shown in the following pages, we have assessed the budgets that have been projected to meet the maintenance and rehabilitations needed to maximize the City’s return on investment. The budget forecasting goal for the City network focused on:
 Establishing a proactive multi-year Maintenance & Rehabilitation Program;  Developing a preventive maintenance program; and
 Selecting the most cost-effective repairs based on City strategies ANNUAL $500,000 BUDGET – A $500k/five-yr budget was utilized for the City to demonstrate how its existing Public Works M&R/CIP budget allocation would perform against the current citywide conditions.

ANNUAL $750,000 BUDGET – A $750k/five-yr budget was utilized for the City to demonstrate how its existing Public Works M&R/CIP budget allocation would perform against the current citywide conditions.

ANNUAL $1,000,000 BUDGET – A $1,000,000/five-yr budget was utilized for the City to demonstrate how its existing Public Works M&R/CIP budget allocation would perform against the current citywide conditions.
*All multi-year budget projections include a 5% inflation rate for the term of the budget forecast. 25 March 4, 2024 Item 07
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ARTERIAL-COLLECTOR / LOCAL / ALLEY

BUDGET PROJECTIONS
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$500,000, FIVE-YR BUDGET PROGRAM
With the City striving to show proactive maintenance/rehabilitation across all City pavements, several budget programs were generated to show the greatest return on investment through the applications of preventative maintenance, grind/overlay and alternative overlay rehabilitations. Our goal under the $500k/yr model is to maintain or slightly improve the current 2023 weighted PCI of 76 after a five-year program. This model will demonstrate the necessary funding to achieve this goal.

We used the City’s current and SoCal benchmark unit costs within our modeling as a cornerstone within the recommended program. Assessing all work history, current PCI and relevant unit costs for construction a realistic and achievable annual budget was achieved. The $500k Program incorporates pavement sections that have a functional class of Arterial (A, C), Local (E) and Alley (O).

Table 8 – Citywide Projection Utilizing $500,000 Annual Budget Referring to Table 8, it is noted that the weighted PCI consistently improves to a level of 78 at the end of the five-year projection. However, the resulting deferred maintenance backlog shows that it decreases from $5.6 million to $5.5 million after the five year program. This indicates that an annual $500k budget is ample enough to proactively chip away at the deferred maintenance on the network. If the City were to reduce their annual funding to a level of $300k/yr major overlay projects would continue to be delayed thus increasing the overall deferred maintenance to a level of $6.8 million after five years.

We recommend that a stronger focus be placed on the Local network improvements within the first three years due to the fact that the network has a slightly lower weighted PCI than the Arterials/Collector. We still recommend comprehensive maintenance to the Arterial/Collector network through localized patching, preventative maintenance and through the use of SB1/RMRA/TransNet funds.

DEFERRED MAINTENANCE
Delaying repairs on streets where pavement condition indicates a need creates deferred maintenance. Deferred maintenance includes pavement maintenance / rehabilitation that is needed across the entire network, but cannot be performed due to the lack of available funding and is pushed to the next budget cycle. The actual repairs that are being deferred are often referred to as a “backlog”. As maintenance is deferred, the opportunity to apply life extending preventive pavement applications is lost and the ultimate cost of rehabilitation multiples.
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Figure 5 – Five-Year Projection; $500k/Yr Budget
Additionally, it is recommended that the City continue to monitor the potential application of Cape Seal and/or High Density Mineral Bond (HDMB) as an asphalt application alternatives for the specific local sections. Specific sections are now qualifying for maintenance that warrants a stronger application rather than a typical preventative measures. With a five year cycle in motion, it is essential to address local sections that have PCI’s less than 70 with the proper rehabilitation since crews will not be back within that area for five to six years.
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ANNUAL $750,000, Five-Year – The first key step in developing a proactive PMP is to model the City’s existing conditions against a “projected” annual budget. In doing this, PCI performance, deferred maintenance and pavement application uses are able to benchmarked and demonstrated in a positive or negative result. The City provided Bucknam with regional benchmark 2023 unit costs for pavement maintenance/rehabilitation applications currently being used by the City. The $750k Program incorporates pavement sections that have a functional class of Arterial (A, C), Local (E) and Alley (O). $750,000, FIVE-YR BUDGET PROGRAM
Table 9 – Citywide Projection Utilizing $750,000 Annual Budget Referring to Table 9, it is noted that the weighted PCI increases proactively through the five-year term (76.1 to 80.5). Additionally, the annual deferred maintenance total decreases from $5.4 million to $3.8 million at the end of the five-years. If the City utilizes an average annual budget of $891,900/yr for preventative maintenance, overlay, and reconstruction projects as shown above, the City will be able to “increase” the current conditions and will continue to see a reduction of deferred maintenance by fiscal year 2029. The annual improvement in these major PMP factors demonstrates that an annual budget appropriation of this level will set the City on a positive operations and maintenance path for the next several years.

Figure 6 – Five Year Projection; $750k/Yr Budget
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ANNUAL $1,000,000, Five-Year – within this budget model the annual PMP funding appropriations were increased to the level of $1,000,000/yr. The improvement in annual funding is expected to elevate the overall weighted PCI as well as continue to show the decrease in deferred overlay rehabilitations. The $1,000,000 Program incorporates pavement sections that have a functional class of Arterial (A, C), Local (E) and Alley (O).
$1,000,000, FIVE-YR BUDGET PROGRAM
Table 10 – Citywide Projection Utilizing $1,000,000 Annual Budget Referring to Table 10, it is noted that the weighted PCI increases proactively through the five-year term (76.1 to 82). Again, as shown above within the $750k budget, the annual deferred maintenance total decreases from $5.1 million to $2.6 million at the end of the five-years. If the City utilizes an average annual budget of $1,083,500/yr for preventative maintenance, overlay, and reconstruction projects as shown above, the City will be able to “increase” the current conditions and will continue to see a dramatic reduction in deferred maintenance by fiscal year 2029. The potential ability to dramatically increase the annual funding will ease the potential burden of funding the PMP at these levels for FY 2028-29 and beyond. Having only $2.6 million in deferred backlog by that time will place the City in a “preventative state” of operations and maintenance.

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PAVEMENT MANAGEMENT PROGRAM REPORTS
In addition to the annual budget scenario, this report contains a comprehensive and complementary assemblage of pavement management reports ranging from summary reports to annual maintenance and rehabilitation schedules (Forecast Maintenance & Rehabilitation (FMR) Report, Section IV). Collectively as well as individually, the reports represent reasonable projections of pavement maintenance needs and performance based on visual condition assessments, unit cost estimates, and pavement deterioration models.

It is important to note that pavement segment dimensions and surface area recorded during 2013 and 2023 inspections, along with the action and repair costs, as presented within the reports are accurate within tolerable limits. This is noteworthy due to the "implied" accuracy of reporting length and width to the nearest foot, surface area to the nearest square foot, and action and repair unit costs and project estimates to the nearest penny and dollar, respectively.

NEXT STEPS
As with any infrastructure management software program, time investments need to be made by key Public Works staff to maintain the integrity of the data as well as the accuracy. Bucknam can perform training sessions in the use of the MicroPAVER/MyRoads® tools and demonstrate how to generate standard common-sense reports to assist City staff in developing yearly budgets, project level analysis, and CIP projections. This will be key to future management of the pavement program and reporting. City personnel need to maintain their commitment to the preventive maintenance system, while working toward reducing the City's present backlog of rehabilitation projects.

In order to ensure that report outputs are accurate and credible, it is essential that the integrity of all data files be maintained. This will require performing all necessary updates when changes are made to scheduling scenarios, unit cost information, historical data, etc. In addition, the entire pavement network will have to be re-inventoried at regular intervals. This typically includes surveying arterial and collectors every two years and locals every three.

Maintaining this inspection schedule will not only allow work to be scheduled based on the most current condition data available, but will provide City personnel with a means to monitor actual rates of pavement deterioration so appropriate modifications can be made to the system curves. Additionally, this proactive management method will help met San Diego County TransNet and state SB-1 PMP guidelines and internal in-house PMP requirements.

Bucknam will be supporting the City with staff level support to assist in the continuous updates with the MicroPAVER/MyRoads® system. This will include work history updates, generating reports from the system, unit cost updates, and future inspections.
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SECTION III

CITYWIDE

PAVEMENT CONDITION INDEX REPORT
A. Definitions
B. Condition Distribution Report
C. Calculation of PCI
D. Del Mar MyRoads®
E. Sample Distress Photos
F. 2023 Del Mar PCI Map
G. Name Order (A to Z)
H. PCI Order (0-100)
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A. PAVEMENT CONDITION INDEX REPORT DEFINITIONS
Listed alphabetically by street name or PCI, these reports provide the City with a listing of pertinent inventory and pavement condition data for each inventory unit within the City's pavement network. The Pavement Condition Index (PCI) Report notes the names, limits, classification, dimension, surface type, and lane configuration of each inventory unit.

Detailed descriptions of the information appearing on this report are presented below:

BRANCH NAME - The name of each inventory unit appears in this column. Generally, the inventory unit name is taken directly from a street sign; however, where no street signs are posted, the name appearing on the network map is noted instead.

A sample set of street name suffix abbreviation definitions is presented below:

AVE - Avenue CT - Court CIR - Circle
DR - Drive LN - Lane RD - Road
ST - Street WY - Way EB - East Bound
NB - North Bound SB - South Bound WB - West Bound
TER - Terrace PL - Place
FROM - A description of the beginning limit of each inventory unit appears in this column. If the beginning limit exists between intersections, then the beginning limit description may be an address, post mile marker, or a distance from a known point of reference (e.g., "500' N/MAIN ST").

TO - A description of the ending limit of each inventory unit appears in this column. Like BEGIN limit, the END limit description may consist of a street name, an address, or a distance from a known point of reference. In the case of cul-de-sacs, or dead-ends, the END limit consists of and address, or a directional reference, such as "NORTH END," when no address is available.

STREET CLASSIFICATION - The codes for four street classifications are represented below. Basically, units are classified according the San Diego County MPAH and City classifications.

CODE DESCRIPTION
A Primary Arterial
C Collector / Secondary
E Local
SURFACE TYPE - A code was assigned to each inventory unit to describe surface type.

CODE DESCRIPTION
AC Asphalt Concrete
AAC Asphalt Overlay over original AC construction
PCC Portland Cement Concrete
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LENGTH - The length of the section within each branch.

UNITS - The unit of measurement for the section length, typically linear feet (LF).

AREA - The area of each section within a branch.

UNITS - The unit of measurement for the section area, typically square feet (SF).

PCI - Pavement Condition Indices were calculated for inventory units based on severity and extent of distress manifestations observed within the inventory unit. Ranging between 0 and 100, a PCI of "100" corresponds to a pavement at the beginning of its life cycle, while a PCI of "0" corresponds to a badly deteriorated pavement which is at or near the end of its life cycle.

PCI CLIMATE, LOAD AND OTHER – reflects “Section Extrapolated Distress”; these values are shown within the Sample Distresses tab within the PCI window. Distresses are aggregated based on the type and severity level. For random samples, distress quantities are adjusted to reflect the extrapolated value based on the sections total area. Extrapolated distress deducts are classified as resulting from Climate, Load and Other distresses. The Distress Classification portion of the tab shows the “percent” of extrapolated distress deduct belonging to Climate, Load and Other (these %’s are shown within the PCI reports herein). These values are beneficial in that they support the decision whether to recommend preventative maintenance, overlay or reconstruction project for street sections.

INSPECTION DATE – Represents the most recent inspection date performed on a given sections. PCI shown is historical in value and may not indicate what “today’s” PCI is due to variance in time. Pavement deterioration calculations can be performed on a section(s) to demonstrate a deteriorated PCI based upon a new current date.
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B. CONDITION DISTRIBUTION REPORT
This report depicts the distribution of the pavement condition throughout the street network by area.

The condition scheme ranges from “Very Good” to “Very Poor”; with a “Very Good” condition corresponding to a pavement at the beginning of its life cycle, and a “Very Poor” condition representing a badly deteriorated pavement with virtually no remaining life.

The table below shows the general description for each pavement condition:

Condition Description – PCI Range - Description
2023 City of Del Mar weighted average PCI is 76.1 (Good).

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Figure 8 – Arterial/Collector Condition Distribution
Figure 9 – Local Condition Distribution
Very Good; 4.4;
26%
Good; 5.7; 34%
Fair; 5.4; 32%
Poor; 1.4; 8% Very Poor; 0.0; 0%
PCI Distribution - Local Streets
Very Good Good Fair Poor Very Poor
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Figure 10 – Alley Condition Distribution
Very Good; 0.6;
37%
Good; 0.2; 13%
Fair; 0.4; 25%
Poor; 0.4; 25%
Very Poor; 0.0; 0%
PCI Distribution - Alley Streets
Very Good Good Fair Poor Very Poor
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C. CALCULATION OF PCI
In order to calculate a Pavement Condition Index (PCI) value within MicroPAVER, specific street section data needs to be inputted into MicroPAVER to define the survey limits, asphalt types, pavement age and metrics. Pavement “sections” are pavement segments within the defined branch that have consistent pavement street classifications, construction/maintenance histories and use. Representative inspection samples are then selected and visually surveyed to locate distress data. This data is used to calculate the pavement sections Pavement Condition Index (PCI) which includes distress type, extent of the distress and its severity.

The PCI is a condition rating that ranges from 100 (pavement section that is in perfect condition) to 0 for a section that has structurally failed and deteriorated dramatically. The PCI is calculated from three major data entries from our inspectors:

1. Distress Type (one of 20 AC or 19 PCC types); these include alligator cracking, bleeding, block cracking, corrugations, depressions, long/trans cracking, patch/utility cut, potholes, rutting, weathering, raveling, etc.

2. Distress Quantity (the square footage, length or count of a specific distress)

3. Distress Severity (the level of severity determined for each distress found; low, medium or high)
Figure 11 – PCI Calculation Worksheet
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D. DEL MAR MYROADS® WEB-PORTAL
Bucknam’s MyRoads® is a great match for the Del Mar’s PMP today and the future. MyRoads® brings your PMP data to life within a dynamic dashboard! Bucknam now provides all our PMP clients with a unique and agency driven “MyRoads®” web-portal that provides instantaneous access to your pavement management database. This “dashboard” allows users to toggle through individual sections via GIS mapping selections, zone queries, rank selection, PCI ranges, etc. to review all section metrics, latest/previous inspections, work histories generate filtered PCI reports and identify potential maintenance / rehabilitation costs based upon your unique needs.

Bucknam has shown below the current Del Mar MyRoads® account actively working! This tool will be accessed by City staff simply through a Username/Password methodology. As changes are made to the Del Mar PMP database the MyRoads® dataset is changed to reflect work history edits, PCI inspections and section changes.

In summary, MyRoads® allows the user perform the following dynamic functions:
• Query specific pavement segment(s) to view current/historic PCI, work history inspection; • Filter for pavement sections within a defined PCI range, functional class, zone; • Select a pavement section or grouping
of section through the on-board GIS
tool;
• Enter preventative maintenance,
overlay & reconstruction unit costs to
determine preliminary cost of
maintenance and resulting citywide PCI
o Display critical street / sidewalk
/ ROW assets along pavement
section(s) that are critical to
Engineering Bid development
and solicitation (ADA ramps,
utilities, manholes, trees, etc.
• Displays all final GIS project maps (PCI,
work history, 5-yr forecasted
maintenance, etc.)
• Bucknam will train Del Mar’sstaff on the
simply use of the MyRoads® dashboard.

Figure 12 – Del Mar MyRoads® PMP Web-Portal
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E. SAMPLE DISTRESS PHOTOS – RECOMMENDED TREATMENT (FIGURE 13) Bucknam Infrastructure Group

1. Alligator Cracking
Cracks that form a chicken wire or
alligator scale like pattern.

Low Severity: Thin parallel
longitudinal cracks that may come
together at certain points, but full
alligator pattern is not present yet.

Medium Severity: Further
development of cracks into alligator
pattern. Cracks are starting to spall.

High Severity: Alligator pattern is
heavily developed, and cracks are
spalled to the point where individual
pieces may become separated.

Typical Recommendation: Low severity, R&R – Patching, crack sealing; high severity R&R-overlay

2. Bleeding
Bleeding occurs when incorrectly
mixed asphalt is applied and in hot
weather the asphalt or tar rises to the
surface.

Severity is determined by the amount
of asphalt/tar present.

Typical Recommendation: Low
severity, apply coarse sand; high
severity, grind or heat planer excess,
resurfacing may be necessary
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3. Block Cracking
Longitudinal and transverse cracks
that intersect to form smaller than
10x10 ft blocks. Creates uniform
blocks with straight edges.

Low Severity: Cracking is less than
3/8 inches.

Medium Severity: Cracking
between 3/8 and 3 inches.

High Severity: Cracking is over 3
inches.

Typical Recommendation: Low
severity, crack sealing; high severity, R&R-overlay

4. Bumps and Sags
Small, localized, and linear upward
or downward displacements of
pavement, which can be caused by
a variety of factors.

Severity is determined by the
extent to which ride quality is
diminished.

Typical Recommendation: R&R -
Patching
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5. Corrugation
Closely spaced Bumps and or Sags that
form a washboard effect in the
pavement.

Severity is determined by the extent to
which ride quality is diminished.

Typical Recommendation: Low severity,
R&R – Patching; high severity, R&Roverlay

6. Depression
Localized area of pavement with a lower
elevation than the surrounding
pavement.

Low Severity: depth of ½ to 1 inch.

Medium Severity: depth of 1 to 2
Inches.

High Severity: depth greater than 2
inches.

Typical Recommendation: R&R - Patching
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7. Edge Cracking
Cracks that are parallel to the
edge of the pavement that may
cause a break up of pavement.

Low Severity: Low or Medium
cracking with no breakup.

Medium Severity: Medium
cracking with some breakup.

High Severity: Considerable
breakup of pavement.

Typical Recommendation: R&R -
Patching

8. Joint Reflective Cracking
Cracking that is reflected through
AC pavement when it is overlaid
on top of PCC pavement.

Low Severity: Cracking is less than
3/8 inches.

Medium Severity: Cracking
between 3/8 and 3 inches.

High Severity: Cracking is over 3
inches.

Typical Recommendation: R&R -
Overlay
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9. Lane / Shoulder Drop-off
Elevation change between
pavement and shoulder.

Low Severity: Difference in
elevation is between 1 and 2
inches.

Medium Severity: Difference in
elevation is between 2 and 4
inches.

High Severity: Difference in
elevation is over 4 inches.

Typical Recommendation: R&R –
Patching or edge grinding

10. Linear & Transverse Cracking
Cracks that are generally either parallel or
perpendicular to traffic.

Low Severity: Cracking is less than 3/8 inches.

Medium Severity: Cracking is between 3/8 and 3
inches.

High Severity: Cracking is over 3 inches.

Typical Recommendation: Low severity, crack
sealing; high severity, R&R - Overlay
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11. Patching
Area of pavement that has been
replaced.

Severity is determined by the
quality of the patch and the
extent to which ride quality is
diminished.

Typical Recommendation: R&R –
structural / non-structural overlay

12. Polished Aggregate
Distress where traffic smooths
the pavement surface so friction
is diminished and cars can slide.

There are no Severity Levels for
this distress.
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13. Pothole
Severity Measured using the following Matrix.

Typical Recommendation: low severity Pothole fill or R&R – Patching, high severity should be R&ROverlay 46 March 4, 2024 Item 07
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14. RR Crossing
Pavement distresses caused by
railroad crossings.

Severity is determined by the extent to
which ride quality is diminished.

Typical Recommendation: R&R -
Patching

15. Rutting
Linear depressions along wheel
paths caused by traffic.

Low Severity: Depth is ¼ to ½
inches.

Medium Severity: Depth is ½ to
1 inch.

High Severity: is greater than 1
inch.

Typical Recommendation:

Pavement with deeper ruts
should be leveled and overlaid
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16. Shoving
Displacement of pavement
creating a “wave” over a more
solid surface.

Severity is determined by the
extent to which ride quality is
diminished.

Typical Recommendation: R&R -
Patching

17. Slippage Cracking
Half-moon shaped cracks
where wheels cause pavement
to slide.

Low Severity: Average crack
width is less than 3/8 inch.

Medium Severity: Crack width
is between 3/8 and 3/2 inches.

High Severity: Crack width is
greater than 3/2 inches.

Typical Recommendation: R&R
- Patching
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18. Swell
Upward Bulges creating “wave-like”
patterns.

Severity is determined by the extent to
which ride quality is diminished.

Typical Recommendation: Low severity,
R&R – Patching; high severity, R&Roverlay

19. Weathering
The wearing away of the asphalt binder.

Low Severity: Aggregate is starting to be
exposed.

Medium Severity: Aggregate is exposed
up to ¼ of its width.

High Severity: Aggregate is exposed to
greater than ¼ of its width.

Typical Recommendation: naturally
occurring, preventative maintenance

20. Raveling
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2023-24 Pavement Management Program
Final Report – January 4, 2024 Section III

The further weathering of asphalt so that
coarse aggregate is separating out of
pavement.

Medium Severity: Considerable loss of
aggregate.

High Severity: Almost complete removal
of coarse aggregate.

Typical Recommendation: Low severity,
R&R – Patching; high severity, R&Roverlay

PORTLAND CEMENT CONCRETE (PCC)

1. Blowup
Buckling at cracks or joints where
there is not enough room for slab
expansion.

Severity is determined by the
extent to which ride quality is
diminished.

2. Corner Break
50 March 4, 2024 Item 07
City of Del Mar Page 42
2023-24 Pavement Management Program
Final Report – January 4, 2024 Section III

Crack close to corner of slab that
creates a corner piece.

Low Severity: Crack is less than ½
inches wide.

Medium Severity: Crack is
between ½ and 2 inches wide.

High Severity: Crack is wider than
2 inches.

3. Divided Slab
Slab that is broken up into four or
more pieces by cracks.

Severity is determined by the
following matrix.

4. Durability Cracking
51 March 4, 2024 Item 07
City of Del Mar Page 43
2023-24 Pavement Management Program
Final Report – January 4, 2024 Section III

Pattern of cracks parallel to joints
caused by freeze-thaw expansion of
large aggregate.

Low Severity: Durability cracking
covers less than 15 percent of slab.

Medium Severity: Durability cracking
covers more than 15 percent of the
slab.

High Severity: Durability cracking
covers more than 15 percent of slab
and most pieces have come out.

5. Faulting
Elevation Difference between
slabs.

Low Severity: Elevation difference
is between 1/8 and 3/8 inch.

Medium Severity: Elevation is
between 3/8 and ¾ inch.

High Severity: Elevation is greater
than ¾ inch.

6. Joint Seal Damage
52 March 4, 2024 Item 07
City of Del Mar Page 44
2023-24 Pavement Management Program
Final Report – January 4, 2024 Section III

Damage to sealant between joints
that allows soil, rock, or water
infiltration.

Low Severity: Joint sealant has only
minor damage.

Medium Severity: Joint sealant is in
fair condition. Water can infiltrate
and vegetation may be present.

High Severity: Joint sealant is in
poor condition. It may be missing
and rocks may be present.

7. Lane / Shoulder Drop-Off
The Elevation difference between
pavement and shoulder.

Low Severity: Elevation difference is
between 1 and 2 inches.

Medium Severity: Elevation
difference is between 2 and 4
inches.

High Severity: Elevation difference
is greater than 4 inches.

8. Linear Cracking
53 March 4, 2024 Item 07
City of Del Mar Page 45
2023-24 Pavement Management Program
Final Report – January 4, 2024 Section III

Cracks that divide slab into two or
three pieces.

Low Severity: Crack is less than ½
inch wide.

Medium Severity: Crack is between
½ and 2 inches wide.

High Severity: Crack is wider than 2
inches.

9. Large Patch
Patch that is larger than 5.5 sq ft.

Low Severity: Patch has little or no
deterioration.

Medium Severity: Patch is
moderately deteriorated.

High Severity: Patch is badly
deteriorated.
54 March 4, 2024 Item 07
City of Del Mar Page 46
2023-24 Pavement Management Program
Final Report – January 4, 2024 Section III

10. Small Patch
Patch that is smaller than 5.5 sq ft.

Low Severity: Patch has little or no
deterioration.

Medium Severity: Patch is
moderately deteriorated.

High Severity: Patch is badly
deteriorated.

11. Polished Aggregate
Distress where traffic smooths the
pavement surface so friction is
diminished and cars can slide.

There are no Severity Levels for this
distress.
55 March 4, 2024 Item 07
City of Del Mar Page 47
2023-24 Pavement Management Program
Final Report – January 4, 2024 Section III

12. Popouts
Small piece of pavement that breaks
loose from surface.

There are no Severity Levels for this
distress, however popouts must
cover 3 per sq. meter of the slab.

13. Pumping
Ejection of material from slab
foundation through joints or cracks
along with water.

There are no Severity Levels for this
distress.

14. Punchout
56 March 4, 2024 Item 07
City of Del Mar Page 48
2023-24 Pavement Management Program
Final Report – January 4, 2024 Section III
Localized area of a slab that is broken
into many pieces.

Severity is determined by the
following matrix.
57 March 4, 2024 Item 07
City of Del Mar Page 49
2023-24 Pavement Management Program
Final Report – January 4, 2024 Section III

Figure 14 – 2023 Del Mar Pavement Condition Index (PCI) Map 58 March 4, 2024 Item 07
City of Del Mar, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, Name Order (A-Z)
BranchID Sec ID Name From To Type Rank Lanes L W Area PCI PCI Pct Climate PCI Pct Load PCI Pct Other Arterials / Collectors
38 183S CAMINO DEL MAR COURT ST JIMMY DURANTE BLVD AC A 0 1,415 26 36,790 54 67 12 21 38 59S CAMINO DEL MAR 29TH ST COURT ST AC A 0 1,552 31 48,112 93 91 0 9 38 60S CAMINO DEL MAR VIA DE LA VALLE NORTH END OF CDM BRIDGE AC A 0 1,586 40 63,440 91 100 0 0 38 62S CAMINO DEL MAR JIMMY DURANTE BLVD SEA VIEW AVE AC A 0 689 30 20,670 74 46 54 0 38 63S CAMINO DEL MAR SEA VIEW AVE 13TH ST AC A 0 1,932 26 50,232 91 53 47 0 38 64S CAMINO DEL MAR 13TH ST 9TH ST AC A 0 1,609 26 41,834 97 100 0 0 38 65S CAMINO DEL MAR 9TH ST 4TH ST AC A 0 2,008 30 60,240 70 52 30 18 38 66S CAMINO DEL MAR 4TH ST 1090' N OF CARMEL VALLEY RD AC A 0 1,814 32 58,048 94 100 0 0 38 67S CAMINO DEL MAR NORTH END OF CDM BRIDGE 29TH ST AC A 0 1,363 22 29,986 81 59 18 23 38 68S CAMINO DEL MAR 1090' N OF CARMEL VALLEY RD CARMEL VALLEY RD AC A 0 1,088 28 30,464 95 100 0 0 38 69N CAMINO DEL MAR SEA VIEW AVE JIMMY DURANTE BLVD AC A 0 686 26 17,836 76 60 31 9 38 70N CAMINO DEL MAR NORTH END OF CDM BRIDGE VIA DE LA VALLE AC A 0 1,564 40 62,560 93 93 0 7 38 71N CAMINO DEL MAR 29TH ST NORTH END OF CDM BRIDGE AC A 0 1,363 22 29,986 89 93 0 7 38 72N CAMINO DEL MAR COURT ST 29TH ST AC A 0 1,544 32 49,408 91 59 26 15 38 73N CAMINO DEL MAR JIMMY DURANTE BLVD COURT ST AC A 0 1,425 26 37,050 77 100 0 0 38 74N CAMINO DEL MAR 13TH ST SEA VIEW AVE AC A 0 1,918 27 51,786 93 72 28 0 38 75N CAMINO DEL MAR 9TH ST 13TH ST AC A 0 1,611 26 41,886 98 100 0 0 38 76N CAMINO DEL MAR 4TH ST 9TH ST AC A 0 2,007 35 70,245 78 90 5 5 38 77N CAMINO DEL MAR 1090' N OF CARMEL VALLEY RD 4TH ST AC A 0 1,823 32 58,336 90 77 0 23 38 78N CAMINO DEL MAR CARMEL VALLEY RD 1090' N OF CARMEL VALLEY RD AC A 0 1,087 32 34,784 89 100 0 0 39 61S CAMINO DEL MAR ON RAMP JIMMY DURANTE BLVD CAMINO DEL MAR AC A 1 498 16 7,968 79 46 52 2 40 79 CARMEL VALLEY RD TORREY PINES RD N CITY BOUNDARY AC A 0 1,052 42 44,184 65 75 15 10 42 81 COAST BLVD 20TH ST 365' S OF 18TH ST AC C 0 1,187 52 59,350 59 33 63 4 42 82 COAST BLVD 365' S OF 18TH ST 15TH ST AC C 0 1,276 40 51,040 79 19 81 0 42 83 COAST BLVD 20TH ST CDS AC C 0 1,049 52 54,548 93 100 0 0 48 92 DEL MAR HEIGHTS RD CAMINO DEL MAR CITY BOUNDARY AC A 0 253 78 19,734 80 66 5 29 56 101S JIMMY DURANTE BLVD SAN DIEGUITO DR RR MAINTENANCE BLDG AC A 0 1,478 20 29,560 81 45 54 1 56 102N JIMMY DURANTE BLVD FAIR GROUNDS MAIN ENTRANCE VIA DE LA VALLE AC A 0 2,377 40 95,080 50 18 68 14 56 103S JIMMY DURANTE BLVD FAIR GROUNDS MAIN ENTRANCE FAIR GROUNDS SOUTH ENTRANCE AC A 0 1,634 40 65,360 62 29 69 2 56 104N JIMMY DURANTE BLVD CAMINO DEL MAR RR MAINTENANCE BLDG AC A 0 871 16 13,936 77 36 43 21 56 105S JIMMY DURANTE BLVD RR MAINTENANCE BLDG CAMINO DEL MAR AC A 0 789 16 12,624 84 28 61 11 56 106 JIMMY DURANTE BLVD FAIR GROUNDS SOUTH ENTRANCE SAN DIEGUITO DR AC A 0 748 48 35,904 75 17 73 10 56 107S JIMMY DURANTE BLVD VIA DE LA VALLE FAIR GROUNDS MAIN ENTRANCE AC A 0 2,091 42 87,822 50 20 64 16 56 108N JIMMY DURANTE BLVD FAIR GROUNDS SOUTH ENTRANCE FAIR GROUNDS MAIN ENTRANCE AC A 0 1,699 40 67,960 49 20 73 7 56 109N JIMMY DURANTE BLVD RR MAINTENANCE BLDG SAN DIEGUITO DR AC A 0 1,452 16 23,232 73 26 74 0 67 127S NORTH TORREY PINES RD CARMEL VALLEY RD CITY BOUNDARY AC C 0 550 29 15,950 96 100 0 0 67 128N NORTH TORREY PINES RD CITY BOUNDARY CARMEL VALLEY RD AC C 0 577 28 16,156 94 100 0 0 73 138 PACIFIC LN 12TH ST ALLEY S/O 15TH ST AC C 0 1,017 19 19,323 66 59 27 14 81 146 RIMINI RD CUCHARA DR UMATULLA DR AC C 0 893 22 19,646 92 22 0 78 81 147 RIMINI RD UMATILLA DR VAN DYKE AVE AC C 0 526 22 11,572 85 47 28 25 98 171E VIA DE LA VALLE DEL MAR DOWNS DR CITY BOUNDARY AC A 0 1,879 30 56,370 60 12 86 2 98 172E VIA DE LA VALLE CAMINO DEL MAR DEL MAR DOWNS DR AC A 0 2,189 30 65,670 74 33 56 11 98 173W VIA DE LA VALLE DEL MAR DOWNS DR CAMINO DEL MAR AC A 0 2,189 30 65,670 74 18 43 39 98 174W VIA DE LA VALLE CITY BOUNDARY DEL MAR DOWNS DR AC A 0 1,877 30 56,310 71 20 79 1

59 March 4, 2024 Item 07
City of Del Mar, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, Name Order (A-Z)
BranchID Sec ID Name From To Type Rank Lanes L W Area PCI PCI Pct Climate PCI Pct Load PCI Pct Other Locals
1 1 4TH ST CAMINO DEL MAR CDS AC E 2 821 32 26,272 74 57 40 3 2 2 6TH ST STRATFORD CT CDS AC E 2 829 28 23,212 83 31 23 46 3 3 7TH ST CDS CITY BOUNDARY AC E 2 569 36 20,484 66 8 89 3 3 4 7TH ST STRATFORD CT CDS AC E 2 379 36 13,644 92 39 61 0 79 144 8TH ST HOSKA DR CITY BOUNDARY AC E 2 240 32 7,680 68 69 17 14 4 5 8TH ST CAMINO DEL MAR CITY BOUNDARY AC E 2 735 28 20,580 86 74 0 26 4 6 8TH ST STRATFORD CT CDS AC E 2 386 28 10,808 82 18 11 71 5 7 9TH ST CAMINO DEL MAR CDS AC E 2 948 32 30,336 94 83 0 17 5 8 9TH ST CAMINO DEL MAR HIGHLAND AVE AC E 2 782 38 29,716 92 100 0 0 6 10 10TH ST CAMINO DEL MAR CDS AC E 2 947 32 30,304 86 24 0 76 6 9 10TH ST CAMINO DEL MAR 11TH ST AC E 2 1,125 30 33,750 86 52 0 48 7 11 11TH ST CAMINO DEL MAR 10TH ST AC E 2 1,177 30 35,310 72 24 63 13 7 12 11TH ST CAMINO DEL MAR CDS AC E 2 951 35 33,285 91 56 0 44 8 13 12TH ST CAMINO DEL MAR CDS AC E 0 922 35 32,270 80 18 82 0 8 14 12TH ST CAMINO DEL MAR LUNETA DR AC E 0 336 32 10,752 87 55 31 14 9 15 13TH ST CAMINO DEL MAR CDS AC E 2 880 26 22,880 63 22 78 0 9 16 13TH ST CAMINO DEL MAR LUNETA DR AC E 2 659 28 18,452 83 35 22 43 10 17 14TH ST CAMINO DEL MAR LUNETA DR AC E 2 624 35 21,840 76 29 59 12 11 18 15TH ST CREST RD CAROLINA RD AC E 2 1,272 22 33,072 76 37 25 38 11 19 15TH ST LUNETA DR CAROLINA RD AC E 2 714 28 19,992 81 43 38 19 11 20 15TH ST CAMINO DEL MAR LUNETA DR AC E 2 353 33 11,649 80 49 47 4 11 21 15TH ST COAST BLVD CAMINO DEL MAR AC E 2 601 35 21,035 84 16 63 21 12 22 18TH ST OCEAN FRONT SANTA FE AVE AC E 2 453 22 9,966 72 37 50 13 13 23 19TH ST OCEAN FRONT CDS AC E 2 600 28 16,800 76 27 71 2 14 24 20TH ST OCEAN FRONT CDS AC E 2 588 26 15,288 78 39 56 5 15 25 21ST ST COURT ST CDS AC E 2 211 32 6,752 85 46 0 54 15 26 21ST ST OCEAN FRONT COAST BLVD AC E 2 251 28 7,028 91 100 0 0 16 27 22ND ST COURT ST CDS AAC E 2 298 34 10,132 90 100 0 0 16 28 22ND ST OCEAN FRONT COAST BLVD AC E 2 250 16 4,000 94 100 0 0 17 29 23RD ST CAMINO DEL MAR CDS AC E 2 402 35 14,070 84 99 0 1 17 30 23RD ST OCEAN FRONT COAST BLVD AC E 2 238 21 4,998 95 100 0 0 18 31 24TH ST CAMINO DEL MAR CDS AC E 2 457 27 11,425 69 27 36 37 18 32 24TH ST CAMINO DEL MAR OCEAN FRONT AC E 2 250 30 7,500 100 0 0 0 19 33 25TH ST CAMINO DEL MAR CDS AC E 2 439 28 12,292 91 100 0 0 19 34 25TH ST CAMINO DEL MAR OCEAN FRONT AC E 2 238 27 6,426 92 89 0 11 20 35 26TH ST CAMINO DEL MAR CDS AC E 2 429 32 13,728 62 23 43 34 20 36 26TH ST CAMINO DEL MAR OCEAN FRONT AC E 2 238 20 4,760 94 100 0 0 21 37 27TH ST CAMINO DEL MAR OCEAN FRONT AC E 2 239 26 6,214 83 51 32 17 21 38 27TH ST CAMINO DEL MAR CDS AC E 2 445 28 12,460 80 65 26 9 22 39 28TH ST CAMINO DEL MAR CDS AC E 2 443 28 12,404 77 28 26 46 23 40 29TH ST CAMINO DEL MAR OCEAN FRONT AC E 2 213 32 6,816 77 27 70 3 33 52 AMPHITHEATRE DR CREST RD CUCHARA DR AC E 2 1,470 28 41,160 89 61 0 39 34 53 AVENIDA PRIMAVERA LUNETA DR SERPENTINE DR AC E 2 1,307 22 28,754 67 17 67 16 34 54 AVENIDA PRIMAVERA CREST RD SERPENTINE DR AC E 2 831 20 16,620 76 26 23 51 35 55 BALBOA AVE ZAPO ST SEA VIEW AVE AC E 2 362 18 6,516 93 100 0 0 35 56 BALBOA AVE CDS ZAPO ST AC E 2 723 17 12,291 70 51 47 2

60 March 4, 2024 Item 07
City of Del Mar, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, Name Order (A-Z)
BranchID Sec ID Name From To Type Rank Lanes L W Area PCI PCI Pct Climate PCI Pct Load PCI Pct Other 36 57 BELLAIRE ST SEA VIEW AVE ZAPO ST AC E 2 814 18 14,652 78 39 30 31 37 58 BORDER AVE CAMINO DEL MAR CITY BOUNDARY AC E 0 420 38 15,960 73 37 45 18 41 80 CAROLINA RD LUNETA DR ZUNI DR AC E 0 1,066 24 25,584 83 62 38 0 43 84 COURT ST COAST BLVD 21ST ST AC E 0 605 18 10,890 94 100 0 0 44 85 CREST RD KLISH WAY 15TH ST AC E 0 1,618 23 37,214 87 70 19 11 44 86 CREST RD HOSKA DR KLISH WAY AC E 0 1,353 24 32,472 79 17 74 9 44 87 CREST RD HOSKA DR CITY BOUNDARY AC E 0 907 27 24,489 83 18 50 32 45 88 CUCHARA DR LUNETA DR RIMINI RD AC E 0 585 20 11,700 66 24 68 8 45 89 CUCHARA DR 11TH ST RIMINI RD AC E 0 1,028 27 27,756 61 33 21 46 46 90 CULEBRA ST SEA VIEW AVE ZAPO ST AC E 0 527 20 10,540 59 22 58 20 47 91 DAVID WAY JIMMY DURANTE BLVD CDS AC E 0 473 21 9,933 78 27 71 2 49 93 EL AMIGO RD CAMINO DEL MAR CITY BOUNDARY AC E 0 361 26 9,386 98 100 0 0 50 94 FOREST WAY ZUNI DR SERPENTINE DR AC E 0 660 22 14,520 68 15 34 51 51 95 GATUN ST BALBOA AVE CDS AC E 0 680 21 14,280 53 23 40 37 52 96 GRAND AVE CAMINO DEL MAR ON RAMP CDS AC E 0 845 18 15,210 73 66 33 1 53 97 HIDDEN PINES LN PINE NEEDLES DR CDS AC E 0 531 22 11,682 77 40 23 37 182 98 HIDDEN PINES RD OCEAN VIEW AVE HIDDEN PINES LN AC E 0 716 30 21,480 94 69 0 31 54 99 HIGHLAND AVE HOSKA DR 10TH ST AC E 0 573 22 12,606 69 42 13 45 55 100 HOSKA DR HIGHLAND AVE CREST RD AC E 0 1,400 29 40,600 61 24 71 5 57 110 KALAMATH DR CREST RD AMPHITHEATRE DR AC E 0 1,009 28 28,252 72 16 31 53 58 111 KLISH WAY AMPHITHEATRE DR CREST RD AC E 0 691 30 20,730 73 29 71 0 58 112 KLISH WAY KLISH WAY AMPHITHEATRE DR AC E 0 426 25 10,650 57 7 49 44 58 113 KLISH WAY HOSKA DR TEWA ST AC E 0 816 20 16,320 62 38 32 30 59 114 LA AMATISTA RD CAMINO DEL MAR NOB AVE AC E 0 379 23 8,717 93 67 0 33 61 116 LOIS LN PACIFIC LN CDS AC E 0 416 20 8,320 89 71 25 4 62 117 LUNETA DR 15TH ST STRATFORD WAY AC E 0 1,146 22 25,212 76 51 0 49 62 118 LUNETA DR 13TH ST 15TH ST AC E 0 763 24 18,312 62 30 35 35 62 119 LUNETA DR 11TH ST 13TH ST AC E 0 1,094 24 26,256 85 63 31 6 63 120 LUZON AVE SEA VIEW AVE BALBOA AVE AC E 0 725 16 11,600 73 43 47 10 63 121 LUZON AVE JIMMY DURANTE BLVD CDS AC E 0 285 18 5,130 75 15 41 44 64 122 MAIDEN LN 15TH ST ALLEY N/O 13TH ST AC E 0 604 16 9,664 63 52 42 6 64 123 MAIDEN LN 12TH ST ALLEY N/O 13TH ST AC E 0 604 16 9,664 56 25 72 3 65 124 MELANIE WAY STRATFORD CT CDS AC E 0 471 16 7,536 53 23 71 6 66 125 NOB AVE 8TH ST CITY BOUNDARY AC E 0 1,148 29 33,292 76 43 57 0 66 126 NOB AVE OCEAN VIEW AVE CITY BOUNDARY AC E 0 300 26 7,800 82 16 0 84 68 129 OCEAN AVE 13TH ST 15TH ST AC E 0 806 24 19,344 86 26 57 17 69 130 OCEAN FRONT 27TH ST 24TH ST AC E 0 718 18 12,924 62 37 52 11 69 131 OCEAN FRONT 24TH ST 21ST ST AC E 0 705 16 11,280 85 56 0 44 69 132 OCEAN FRONT 21ST ST CDS AC E 0 1,483 16 23,728 77 43 14 43 69 133 OCEAN FRONT 29TH ST 27TH ST AC E 0 478 18 8,604 73 46 34 20 70 134 OCEAN VIEW AVE HIDDEN PINES RD PINE NEEDLES DR AC E 0 1,574 30 47,220 56 26 65 9 70 135 OCEAN VIEW AVE TORREY PINES TER HIDDEN PINES RD AC E 0 503 26 13,078 70 28 35 37 99 175 OCEAN VIEW AVE W TORREY PINES TER CDS AC E 0 328 19 6,232 92 100 0 0 71 136 ORCHID LN HIGHLAND AVE KLISH WAY AC E 0 834 16 13,344 53 29 11 60 72 137 ORIBIA RD CITY BOUNDARY CDS AC E 0 2,090 16 33,440 90 29 2 69 74 139 PARISH LN MAIDEN LN LUNETA DR AC E 0 311 20 6,220 75 26 30 44 76 141 PENNY LN CDS CDS AC E 0 698 20 13,960 93 68 32 0 77 142 PINE NEEDLES DR OCEAN VIEW AVE OCEAN VIEW AVE AC E 0 1,518 28 42,504 71 27 33 40

61 March 4, 2024 Item 07
City of Del Mar, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, Name Order (A-Z)
BranchID Sec ID Name From To Type Rank Lanes L W Area PCI PCI Pct Climate PCI Pct Load PCI Pct Other 78 143 PRIMAVERA LN AVENIDA PRIMAVERA CDS AC E 0 172 13 2,236 91 77 0 23 80 145 RACETRACK VIEW DR SAN DIEGUITO DR CITY BOUNDARY AC E 0 371 22 8,162 82 19 50 31 82 148 SAN DIEGUITO DR JIMMY DURANTE BLVD GRAND AVE OVERLOOK AC E 0 1,543 24 37,032 72 45 43 12 82 149 SAN DIEGUITO DR GRAND AVE OVERLOOK RACTRACK VIEW DR AC E 0 1,838 22 40,436 88 29 37 34 84 151 SANTA FE AVE 18TH ST CDS AC E 0 1,059 28 29,652 81 82 5 13 85 152 SEA CLIFF WAY STRATFORD CT CDS AC E 0 331 20 6,620 95 100 0 0 86 153 SEA ORBIT LN CDS CDS AC E 0 502 18 9,036 78 57 28 15 87 154 SEA VIEW AVE CAMINO DEL MAR CULEBRA ST AC E 0 1,321 16 21,136 72 14 34 52 87 155 SEA VIEW AVE CULEBRA ST CDS AC E 0 1,056 18 19,008 67 33 54 13 88 156 SERPENTINE DR AVENIDA PRIMAVERA ZAPO ST AC E 0 881 20 17,620 91 72 0 28 88 157 SERPENTINE DR ZAPO ST FOREST WAY AC E 0 554 20 11,080 75 52 10 38 88 158 SERPENTINE DR AVENIDA PRIMAVERA CDS AC E 0 448 20 8,960 69 12 65 23 88 159 SERPENTINE DR FOREST WAY AVENIDA PRIMAVERA AC E 0 510 18 9,180 65 25 33 42 89 160 SHERRIE LN STRATFORD CT CDS AC E 0 331 20 6,620 85 39 0 61 90 161 SHIPPEY LN STRATFORD CT CDS AC E 0 381 20 7,620 83 31 0 69 91 162 STRATFORD CT 12TH 15TH AC E 0 1,205 25 30,125 70 4 74 22 91 163 STRATFORD CT 12TH ST 9TH ST AC E 0 1,206 28 33,768 42 25 48 27 91 164 STRATFORD CT 9TH ST SEA FOREST CT AC E 0 2,279 37 84,323 69 32 45 23 92 165 STRATFORD WAY LUNETA DR LUNETA DR AC E 0 592 18 10,656 76 59 36 5 93 166 TEWA ST HIGHLAND AVE KLISH WAY AC E 0 492 28 13,776 79 55 0 45 94 167 TORREY PINES TER OCEAN VIEW AVE W CDS AC E 0 651 24 15,624 92 64 36 0 95 168 UMATILLA RD RIMINI RD VAN DYKE AVE AC E 0 258 20 5,160 57 27 31 42 96 169 VAN DYKE AVE LUNETA DR VIA ALTA AC E 0 1,058 28 29,624 71 27 61 12 97 170 VIA ALTA VAN DYKE AVE CREST RD AC E 0 680 28 19,040 90 45 0 55 100 176 WESLEY WAY CAMINO DEL MAR NOB AVE AC E 0 382 20 7,640 73 57 0 43 101 177 ZAPO ST CULEBRA ST BALBOA AVE AC E 0 915 22 20,130 80 55 24 21 101 178 ZAPO ST SERPENTINE DR CULEBRA ST AC E 0 807 20 16,140 70 8 24 68 102 179 ZUNI DR LUNETA DR CAROLINA RD AC E 0 753 20 15,060 59 19 23 58 102 180 ZUNI DR CAROLINA RD CDS AC E 0 521 16 8,336 85 63 0 37 102 181 ZUNI DR AVENIDA PRIMAVERA CDS AC E 0 261 20 5,220 56 13 71 16 Alleys
24 A200 ALLEY E/O CAMINO DEL MAR 25TH ST 28TH ST AC O 1 722 20 14,440 64 21 67 12 24 A201 ALLEY E/O CAMINO DEL MAR COURT ST 25TH ST AC O 1 628 20 12,560 94 86 0 14 26 A205 ALLEY N/O 13TH ST MAIDEN LN LUNETA DR AC O 1 444 18 7,992 56 60 39 1 26 A207 ALLEY N/O 13TH ST VAN DYKE AVE LUNETA DR AC O 1 559 18 10,062 60 9 72 19 27 A202 ALLEY N/O BELLAIRE ST BELLAIRE ST CDS AC O 1 105 19 1,995 60 28 59 13 28 A206 ALLEY N/O UMATILLA RD VAN DYKE AVE UMATILLA DR AC O 1 633 13 8,229 50 21 45 34 30 A208 ALLEY S/O 10TH ST HIGHLAND AVE CDS AC O 1 473 18 8,514 62 92 0 8 31 A204 ALLEY S/O 15TH ST OCEAN AVE CAMINO DEL MAR AC O 1 573 18 10,314 84 49 51 0 29 A210 ALLEY S/O 7TH ST NOB AVE CDS AC O 1 275 20 5,500 83 55 45 0 103 A203 DEL MAR LN ALL S/O 15T ST 12TH ST AC O 0 1,018 18 18,324 53 24 44 32 32 A209 HOSKA LN HOSKA DR CDS AC O 1 305 16 4,880 69 10 6 84 60 115 LITTLE ORPHAN ALY STRATFORD CT CDS AC O 0 384 20 7,680 52 45 41 14 83 150 SAND BARR LN 18TH ST CDS PCC O 0 1,319 14 18,466 100 0 0 100

62 March 4, 2024 Item 07
City of Del Mar, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
BranchID Sec ID Name From To Type Rank Lanes L W Area PCI PCI Pct Climate PCI Pct Load PCI Pct Other Arterials / Collectors
56 108N JIMMY DURANTE BLVD FAIR GROUNDS SOUTH ENTRANCE FAIR GROUNDS MAIN ENTRANCE AC A 0 1,699 40 67,960 49 20 73 7 56 107S JIMMY DURANTE BLVD VIA DE LA VALLE FAIR GROUNDS MAIN ENTRANCE AC A 0 2,091 42 87,822 50 20 64 16 56 102N JIMMY DURANTE BLVD FAIR GROUNDS MAIN ENTRANCE VIA DE LA VALLE AC A 0 2,377 40 95,080 50 18 68 14 38 183S CAMINO DEL MAR COURT ST JIMMY DURANTE BLVD AC A 0 1,415 26 36,790 54 67 12 21 42 81 COAST BLVD 20TH ST 365' S OF 18TH ST AC C 0 1,187 52 59,350 59 33 63 4 98 171E VIA DE LA VALLE DEL MAR DOWNS DR CITY BOUNDARY AC A 0 1,879 30 56,370 60 12 86 2 56 103S JIMMY DURANTE BLVD FAIR GROUNDS MAIN ENTRANCE FAIR GROUNDS SOUTH ENTRANCE AC A 0 1,634 40 65,360 62 29 69 2 40 79 CARMEL VALLEY RD TORREY PINES RD N CITY BOUNDARY AC A 0 1,052 42 44,184 65 75 15 10 73 138 PACIFIC LN 12TH ST ALLEY S/O 15TH ST AC C 0 1,017 19 19,323 66 59 27 14 38 65S CAMINO DEL MAR 9TH ST 4TH ST AC A 0 2,008 30 60,240 70 52 30 18 98 174W VIA DE LA VALLE CITY BOUNDARY DEL MAR DOWNS DR AC A 0 1,877 30 56,310 71 20 79 1 56 109N JIMMY DURANTE BLVD RR MAINTENANCE BLDG SAN DIEGUITO DR AC A 0 1,452 16 23,232 73 26 74 0 98 172E VIA DE LA VALLE CAMINO DEL MAR DEL MAR DOWNS DR AC A 0 2,189 30 65,670 74 33 56 11 98 173W VIA DE LA VALLE DEL MAR DOWNS DR CAMINO DEL MAR AC A 0 2,189 30 65,670 74 18 43 39 38 62S CAMINO DEL MAR JIMMY DURANTE BLVD SEA VIEW AVE AC A 0 689 30 20,670 74 46 54 0 56 106 JIMMY DURANTE BLVD FAIR GROUNDS SOUTH ENTRANCE SAN DIEGUITO DR AC A 0 748 48 35,904 75 17 73 10 38 69N CAMINO DEL MAR SEA VIEW AVE JIMMY DURANTE BLVD AC A 0 686 26 17,836 76 60 31 9 38 73N CAMINO DEL MAR JIMMY DURANTE BLVD COURT ST AC A 0 1,425 26 37,050 77 100 0 0 56 104N JIMMY DURANTE BLVD CAMINO DEL MAR RR MAINTENANCE BLDG AC A 0 871 16 13,936 77 36 43 21 38 76N CAMINO DEL MAR 4TH ST 9TH ST AC A 0 2,007 35 70,245 78 90 5 5 42 82 COAST BLVD 365' S OF 18TH ST 15TH ST AC C 0 1,276 40 51,040 79 19 81 0 39 61S CAMINO DEL MAR ON RAMP JIMMY DURANTE BLVD CAMINO DEL MAR AC A 1 498 16 7,968 79 46 52 2 48 92 DEL MAR HEIGHTS RD CAMINO DEL MAR CITY BOUNDARY AC A 0 253 78 19,734 80 66 5 29 56 101S JIMMY DURANTE BLVD SAN DIEGUITO DR RR MAINTENANCE BLDG AC A 0 1,478 20 29,560 81 45 54 1 38 67S CAMINO DEL MAR NORTH END OF CDM BRIDGE 29TH ST AC A 0 1,363 22 29,986 81 59 18 23 56 105S JIMMY DURANTE BLVD RR MAINTENANCE BLDG CAMINO DEL MAR AC A 0 789 16 12,624 84 28 61 11 81 147 RIMINI RD UMATILLA DR VAN DYKE AVE AC C 0 526 22 11,572 85 47 28 25 38 71N CAMINO DEL MAR 29TH ST NORTH END OF CDM BRIDGE AC A 0 1,363 22 29,986 89 93 0 7 38 78N CAMINO DEL MAR CARMEL VALLEY RD 1090' N OF CARMEL VALLEY RD AC A 0 1,087 32 34,784 89 100 0 0 38 77N CAMINO DEL MAR 1090' N OF CARMEL VALLEY RD 4TH ST AC A 0 1,823 32 58,336 90 77 0 23 38 60S CAMINO DEL MAR VIA DE LA VALLE NORTH END OF CDM BRIDGE AC A 0 1,586 40 63,440 91 100 0 0 38 72N CAMINO DEL MAR COURT ST 29TH ST AC A 0 1,544 32 49,408 91 59 26 15 38 63S CAMINO DEL MAR SEA VIEW AVE 13TH ST AC A 0 1,932 26 50,232 91 53 47 0 81 146 RIMINI RD CUCHARA DR UMATULLA DR AC C 0 893 22 19,646 92 22 0 78 38 70N CAMINO DEL MAR NORTH END OF CDM BRIDGE VIA DE LA VALLE AC A 0 1,564 40 62,560 93 93 0 7 38 59S CAMINO DEL MAR 29TH ST COURT ST AC A 0 1,552 31 48,112 93 91 0 9 38 74N CAMINO DEL MAR 13TH ST SEA VIEW AVE AC A 0 1,918 27 51,786 93 72 28 0 42 83 COAST BLVD 20TH ST CDS AC C 0 1,049 52 54,548 93 100 0 0 38 66S CAMINO DEL MAR 4TH ST 1090' N OF CARMEL VALLEY RD AC A 0 1,814 32 58,048 94 100 0 0 67 128N NORTH TORREY PINES RD CITY BOUNDARY CARMEL VALLEY RD AC C 0 577 28 16,156 94 100 0 0 38 68S CAMINO DEL MAR 1090' N OF CARMEL VALLEY RD CARMEL VALLEY RD AC A 0 1,088 28 30,464 95 100 0 0 67 127S NORTH TORREY PINES RD CARMEL VALLEY RD CITY BOUNDARY AC C 0 550 29 15,950 96 100 0 0 38 64S CAMINO DEL MAR 13TH ST 9TH ST AC A 0 1,609 26 41,834 97 100 0 0 38 75N CAMINO DEL MAR 9TH ST 13TH ST AC A 0 1,611 26 41,886 98 100 0 0

11.4 1,888,662

63 March 4, 2024 Item 07
City of Del Mar, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
BranchID Sec ID Name From To Type Rank Lanes L W Area PCI PCI Pct Climate PCI Pct Load PCI Pct Other Locals
91 163 STRATFORD CT 12TH ST 9TH ST AC E 0 1,206 28 33,768 42 25 48 27 65 124 MELANIE WAY STRATFORD CT CDS AC E 0 471 16 7,536 53 23 71 6 71 136 ORCHID LN HIGHLAND AVE KLISH WAY AC E 0 834 16 13,344 53 29 11 60 51 95 GATUN ST BALBOA AVE CDS AC E 0 680 21 14,280 53 23 40 37 64 123 MAIDEN LN 12TH ST ALLEY N/O 13TH ST AC E 0 604 16 9,664 56 25 72 3 102 181 ZUNI DR AVENIDA PRIMAVERA CDS AC E 0 261 20 5,220 56 13 71 16 70 134 OCEAN VIEW AVE HIDDEN PINES RD PINE NEEDLES DR AC E 0 1,574 30 47,220 56 26 65 9 95 168 UMATILLA RD RIMINI RD VAN DYKE AVE AC E 0 258 20 5,160 57 27 31 42 58 112 KLISH WAY KLISH WAY AMPHITHEATRE DR AC E 0 426 25 10,650 57 7 49 44 46 90 CULEBRA ST SEA VIEW AVE ZAPO ST AC E 0 527 20 10,540 59 22 58 20 102 179 ZUNI DR LUNETA DR CAROLINA RD AC E 0 753 20 15,060 59 19 23 58 55 100 HOSKA DR HIGHLAND AVE CREST RD AC E 0 1,400 29 40,600 61 24 71 5 45 89 CUCHARA DR 11TH ST RIMINI RD AC E 0 1,028 27 27,756 61 33 21 46 69 130 OCEAN FRONT 27TH ST 24TH ST AC E 0 718 18 12,924 62 37 52 11 58 113 KLISH WAY HOSKA DR TEWA ST AC E 0 816 20 16,320 62 38 32 30 20 35 26TH ST CAMINO DEL MAR CDS AC E 2 429 32 13,728 62 23 43 34 62 118 LUNETA DR 13TH ST 15TH ST AC E 0 763 24 18,312 62 30 35 35 64 122 MAIDEN LN 15TH ST ALLEY N/O 13TH ST AC E 0 604 16 9,664 63 52 42 6 9 15 13TH ST CAMINO DEL MAR CDS AC E 2 880 26 22,880 63 22 78 0 88 159 SERPENTINE DR FOREST WAY AVENIDA PRIMAVERA AC E 0 510 18 9,180 65 25 33 42 45 88 CUCHARA DR LUNETA DR RIMINI RD AC E 0 585 20 11,700 66 24 68 8 3 3 7TH ST CDS CITY BOUNDARY AC E 2 569 36 20,484 66 8 89 3 87 155 SEA VIEW AVE CULEBRA ST CDS AC E 0 1,056 18 19,008 67 33 54 13 34 53 AVENIDA PRIMAVERA LUNETA DR SERPENTINE DR AC E 2 1,307 22 28,754 67 17 67 16 79 144 8TH ST HOSKA DR CITY BOUNDARY AC E 2 240 32 7,680 68 69 17 14 50 94 FOREST WAY ZUNI DR SERPENTINE DR AC E 0 660 22 14,520 68 15 34 51 54 99 HIGHLAND AVE HOSKA DR 10TH ST AC E 0 573 22 12,606 69 42 13 45 18 31 24TH ST CAMINO DEL MAR CDS AC E 2 457 27 11,425 69 27 36 37 88 158 SERPENTINE DR AVENIDA PRIMAVERA CDS AC E 0 448 20 8,960 69 12 65 23 70 135 OCEAN VIEW AVE TORREY PINES TER HIDDEN PINES RD AC E 0 503 26 13,078 70 28 35 37 91 162 STRATFORD CT 12TH 15TH AC E 0 1,205 25 30,125 70 4 74 22 35 56 BALBOA AVE CDS ZAPO ST AC E 2 723 17 12,291 70 51 47 2 101 178 ZAPO ST SERPENTINE DR CULEBRA ST AC E 0 807 20 16,140 70 8 24 68 96 169 VAN DYKE AVE LUNETA DR VIA ALTA AC E 0 1,058 28 29,624 71 27 61 12 77 142 PINE NEEDLES DR OCEAN VIEW AVE OCEAN VIEW AVE AC E 0 1,518 28 42,504 71 27 33 40 87 154 SEA VIEW AVE CAMINO DEL MAR CULEBRA ST AC E 0 1,321 16 21,136 72 14 34 52 7 11 11TH ST CAMINO DEL MAR 10TH ST AC E 2 1,177 30 35,310 72 24 63 13 12 22 18TH ST OCEAN FRONT SANTA FE AVE AC E 2 453 22 9,966 72 37 50 13 82 148 SAN DIEGUITO DR JIMMY DURANTE BLVD GRAND AVE OVERLOOK AC E 0 1,543 24 37,032 72 45 43 12 57 110 KALAMATH DR CREST RD AMPHITHEATRE DR AC E 0 1,009 28 28,252 72 16 31 53 58 111 KLISH WAY AMPHITHEATRE DR CREST RD AC E 0 691 30 20,730 73 29 71 0 69 133 OCEAN FRONT 29TH ST 27TH ST AC E 0 478 18 8,604 73 46 34 20 37 58 BORDER AVE CAMINO DEL MAR CITY BOUNDARY AC E 0 420 38 15,960 73 37 45 18 52 96 GRAND AVE CAMINO DEL MAR ON RAMP CDS AC E 0 845 18 15,210 73 66 33 1 100 176 WESLEY WAY CAMINO DEL MAR NOB AVE AC E 0 382 20 7,640 73 57 0 43 63 120 LUZON AVE SEA VIEW AVE BALBOA AVE AC E 0 725 16 11,600 73 43 47 10

64 March 4, 2024 Item 07
City of Del Mar, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
BranchID Sec ID Name From To Type Rank Lanes L W Area PCI PCI Pct Climate PCI Pct Load PCI Pct Other 1 1 4TH ST CAMINO DEL MAR CDS AC E 2 821 32 26,272 74 57 40 3 63 121 LUZON AVE JIMMY DURANTE BLVD CDS AC E 0 285 18 5,130 75 15 41 44 88 157 SERPENTINE DR ZAPO ST FOREST WAY AC E 0 554 20 11,080 75 52 10 38 74 139 PARISH LN MAIDEN LN LUNETA DR AC E 0 311 20 6,220 75 26 30 44 66 125 NOB AVE 8TH ST CITY BOUNDARY AC E 0 1,148 29 33,292 76 43 57 0 10 17 14TH ST CAMINO DEL MAR LUNETA DR AC E 2 624 35 21,840 76 29 59 12 13 23 19TH ST OCEAN FRONT CDS AC E 2 600 28 16,800 76 27 71 2 34 54 AVENIDA PRIMAVERA CREST RD SERPENTINE DR AC E 2 831 20 16,620 76 26 23 51 62 117 LUNETA DR 15TH ST STRATFORD WAY AC E 0 1,146 22 25,212 76 51 0 49 92 165 STRATFORD WAY LUNETA DR LUNETA DR AC E 0 592 18 10,656 76 59 36 5 11 18 15TH ST CREST RD CAROLINA RD AC E 2 1,272 22 33,072 76 37 25 38 91 164 STRATFORD CT 9TH ST SEA FOREST CT AC E 0 2,279 37 84,323 69 32 45 23 53 97 HIDDEN PINES LN PINE NEEDLES DR CDS AC E 0 531 22 11,682 77 40 23 37 22 39 28TH ST CAMINO DEL MAR CDS AC E 2 443 28 12,404 77 28 26 46 23 40 29TH ST CAMINO DEL MAR OCEAN FRONT AC E 2 213 32 6,816 77 27 70 3 69 132 OCEAN FRONT 21ST ST CDS AC E 0 1,483 16 23,728 77 43 14 43 47 91 DAVID WAY JIMMY DURANTE BLVD CDS AC E 0 473 21 9,933 78 27 71 2 86 153 SEA ORBIT LN CDS CDS AC E 0 502 18 9,036 78 57 28 15 14 24 20TH ST OCEAN FRONT CDS AC E 2 588 26 15,288 78 39 56 5 36 57 BELLAIRE ST SEA VIEW AVE ZAPO ST AC E 2 814 18 14,652 78 39 30 31 44 86 CREST RD HOSKA DR KLISH WAY AC E 0 1,353 24 32,472 79 17 74 9 93 166 TEWA ST HIGHLAND AVE KLISH WAY AC E 0 492 28 13,776 79 55 0 45 21 38 27TH ST CAMINO DEL MAR CDS AC E 2 445 28 12,460 80 65 26 9 8 13 12TH ST CAMINO DEL MAR CDS AC E 0 922 35 32,270 80 18 82 0 101 177 ZAPO ST CULEBRA ST BALBOA AVE AC E 0 915 22 20,130 80 55 24 21 11 20 15TH ST CAMINO DEL MAR LUNETA DR AC E 2 353 33 11,649 80 49 47 4 11 19 15TH ST LUNETA DR CAROLINA RD AC E 2 714 28 19,992 81 43 38 19 84 151 SANTA FE AVE 18TH ST CDS AC E 0 1,059 28 29,652 81 82 5 13 66 126 NOB AVE OCEAN VIEW AVE CITY BOUNDARY AC E 0 300 26 7,800 82 16 0 84 4 6 8TH ST STRATFORD CT CDS AC E 2 386 28 10,808 82 18 11 71 80 145 RACETRACK VIEW DR SAN DIEGUITO DR CITY BOUNDARY AC E 0 371 22 8,162 82 19 50 31 41 80 CAROLINA RD LUNETA DR ZUNI DR AC E 0 1,066 24 25,584 83 62 38 0 90 161 SHIPPEY LN STRATFORD CT CDS AC E 0 381 20 7,620 83 31 0 69 21 37 27TH ST CAMINO DEL MAR OCEAN FRONT AC E 2 239 26 6,214 83 51 32 17 2 2 6TH ST STRATFORD CT CDS AC E 2 829 28 23,212 83 31 23 46 9 16 13TH ST CAMINO DEL MAR LUNETA DR AC E 2 659 28 18,452 83 35 22 43 44 87 CREST RD HOSKA DR CITY BOUNDARY AC E 0 907 27 24,489 83 18 50 32 11 21 15TH ST COAST BLVD CAMINO DEL MAR AC E 2 601 35 21,035 84 16 63 21 17 29 23RD ST CAMINO DEL MAR CDS AC E 2 402 35 14,070 84 99 0 1 62 119 LUNETA DR 11TH ST 13TH ST AC E 0 1,094 24 26,256 85 63 31 6 102 180 ZUNI DR CAROLINA RD CDS AC E 0 521 16 8,336 85 63 0 37 69 131 OCEAN FRONT 24TH ST 21ST ST AC E 0 705 16 11,280 85 56 0 44 89 160 SHERRIE LN STRATFORD CT CDS AC E 0 331 20 6,620 85 39 0 61 15 25 21ST ST COURT ST CDS AC E 2 211 32 6,752 85 46 0 54 6 10 10TH ST CAMINO DEL MAR CDS AC E 2 947 32 30,304 86 24 0 76 4 5 8TH ST CAMINO DEL MAR CITY BOUNDARY AC E 2 735 28 20,580 86 74 0 26 68 129 OCEAN AVE 13TH ST 15TH ST AC E 0 806 24 19,344 86 26 57 17 6 9 10TH ST CAMINO DEL MAR 11TH ST AC E 2 1,125 30 33,750 86 52 0 48

65 March 4, 2024 Item 07
City of Del Mar, CA
Pavement Condition Index (PCI) Report - All Streets
Sorted by Rank, PCI Order (0-100)
BranchID Sec ID Name From To Type Rank Lanes L W Area PCI PCI Pct Climate PCI Pct Load PCI Pct Other 44 85 CREST RD KLISH WAY 15TH ST AC E 0 1,618 23 37,214 87 70 19 11 8 14 12TH ST CAMINO DEL MAR LUNETA DR AC E 0 336 32 10,752 87 55 31 14 82 149 SAN DIEGUITO DR GRAND AVE OVERLOOK RACTRACK VIEW DR AC E 0 1,838 22 40,436 88 29 37 34 33 52 AMPHITHEATRE DR CREST RD CUCHARA DR AC E 2 1,470 28 41,160 89 61 0 39 61 116 LOIS LN PACIFIC LN CDS AC E 0 416 20 8,320 89 71 25 4 72 137 ORIBIA RD CITY BOUNDARY CDS AC E 0 2,090 16 33,440 90 29 2 69 97 170 VIA ALTA VAN DYKE AVE CREST RD AC E 0 680 28 19,040 90 45 0 55 16 27 22ND ST COURT ST CDS AAC E 2 298 34 10,132 90 100 0 0 15 26 21ST ST OCEAN FRONT COAST BLVD AC E 2 251 28 7,028 91 100 0 0 88 156 SERPENTINE DR AVENIDA PRIMAVERA ZAPO ST AC E 0 881 20 17,620 91 72 0 28 7 12 11TH ST CAMINO DEL MAR CDS AC E 2 951 35 33,285 91 56 0 44 78 143 PRIMAVERA LN AVENIDA PRIMAVERA CDS AC E 0 172 13 2,236 91 77 0 23 19 33 25TH ST CAMINO DEL MAR CDS AC E 2 439 28 12,292 91 100 0 0 3 4 7TH ST STRATFORD CT CDS AC E 2 379 36 13,644 92 39 61 0 94 167 TORREY PINES TER OCEAN VIEW AVE W CDS AC E 0 651 24 15,624 92 64 36 0 19 34 25TH ST CAMINO DEL MAR OCEAN FRONT AC E 2 238 27 6,426 92 89 0 11 5 8 9TH ST CAMINO DEL MAR HIGHLAND AVE AC E 2 782 38 29,716 92 100 0 0 99 175 OCEAN VIEW AVE W TORREY PINES TER CDS AC E 0 328 19 6,232 92 100 0 0 35 55 BALBOA AVE ZAPO ST SEA VIEW AVE AC E 2 362 18 6,516 93 100 0 0 59 114 LA AMATISTA RD CAMINO DEL MAR NOB AVE AC E 0 379 23 8,717 93 67 0 33 76 141 PENNY LN CDS CDS AC E 0 698 20 13,960 93 68 32 0 43 84 COURT ST COAST BLVD 21ST ST AC E 0 605 18 10,890 94 100 0 0 5 7 9TH ST CAMINO DEL MAR CDS AC E 2 948 32 30,336 94 83 0 17 16 28 22ND ST OCEAN FRONT COAST BLVD AC E 2 250 16 4,000 94 100 0 0 20 36 26TH ST CAMINO DEL MAR OCEAN FRONT AC E 2 238 20 4,760 94 100 0 0 182 98 HIDDEN PINES RD OCEAN VIEW AVE HIDDEN PINES LN AC E 0 716 30 21,480 94 69 0 31 17 30 23RD ST OCEAN FRONT COAST BLVD AC E 2 238 21 4,998 95 100 0 0 85 152 SEA CLIFF WAY STRATFORD CT CDS AC E 0 331 20 6,620 95 100 0 0 49 93 EL AMIGO RD CAMINO DEL MAR CITY BOUNDARY AC E 0 361 26 9,386 98 100 0 0 18 32 24TH ST CAMINO DEL MAR OCEAN FRONT AC E 2 250 30 7,500 100 0 0 0

16.9 2,205,030
Alleys
28 A206 ALLEY N/O UMATILLA RD VAN DYKE AVE UMATILLA DR AC O 1 633 13 8,229 50 21 45 34 60 115 LITTLE ORPHAN ALY STRATFORD CT CDS AC O 0 384 20 7,680 52 45 41 14 103 A203 DEL MAR LN ALL S/O 15T ST 12TH ST AC O 0 1,018 18 18,324 53 24 44 32 26 A205 ALLEY N/O 13TH ST MAIDEN LN LUNETA DR AC O 1 444 18 7,992 56 60 39 1 26 A207 ALLEY N/O 13TH ST VAN DYKE AVE LUNETA DR AC O 1 559 18 10,062 60 9 72 19 27 A202 ALLEY N/O BELLAIRE ST BELLAIRE ST CDS AC O 1 105 19 1,995 60 28 59 13 30 A208 ALLEY S/O 10TH ST HIGHLAND AVE CDS AC O 1 473 18 8,514 62 92 0 8 24 A200 ALLEY E/O CAMINO DEL MAR 25TH ST 28TH ST AC O 1 722 20 14,440 64 21 67 12 32 A209 HOSKA LN HOSKA DR CDS AC O 1 305 16 4,880 69 10 6 84 29 A210 ALLEY S/O 7TH ST NOB AVE CDS AC O 1 275 20 5,500 83 55 45 0 31 A204 ALLEY S/O 15TH ST OCEAN AVE CAMINO DEL MAR AC O 1 573 18 10,314 84 49 51 0 24 A201 ALLEY E/O CAMINO DEL MAR COURT ST 25TH ST AC O 1 628 20 12,560 94 86 0 14 83 150 SAND BARR LN 18TH ST CDS PCC O 0 1,319 14 18,466 100 0 0 100

1.4 128,956

66 March 4, 2024 Item 07
City of Del Mar Page 50
2023-24 Pavement Management Program
Final Report – February 26, 2024 Section IV

SECTION IV

FORECAST MAINTENANCE & REHABILITATION (FMR) REPORT
A. $750,000 Annual Budget, Five Year Plan – FY 2024-2029 67 March 4, 2024 Item 07
City of Del Mar Page 51
2023-24 Pavement Management Program
Final Report – February 26, 2024 Section IV

A. FORECAST MAINTENANCE / REHABILITATION REPORT
Listed in chronological order by plan year then alphabetically by street name, this report presents the year and action corresponding to the next recommended work activity for each segment within the pavement network.

ANNUAL $750,000 BUDGET – A $750k/five-yr budget was utilized for the City to demonstrate how its existing Public Works M&R/CIP budget allocation would perform against the current citywide conditions.

We have sorted the following report by functional class (rank) for easy review (Arterial – Local, A to Z order).

In general sections are chosen first and foremost on available budget; secondly, the square footage of each section plays a large factor. The software initially chooses the draft sections that will increase PCI, sustain PCI or slow PCI deterioration within the budgeted timeframe. Additionally, the types of distress, extents of distress and severities of distress (high, medium, low) also determine how sections are/can be selected.
*All multi-year budget projections include an annual 5% unit cost inflation rate for the term of the budget forecast, as well as a 25% contingency on material costs which typically cover additional project costs for design, bidding, contract management, inspection, staff labor and construction contingency.

The City of Del Mar makes all final decisions on what pavement sections are scheduled for improvement and within which fiscal year.
68 March 4, 2024 Item 07
City of Del Mar, CA
Forecast Maintenance / Rehabilitation (FMR) Report - FY 2024-2029 Sorted by Rank, FY, Name Order (A-Z)
FY BranchID Sec ID Name From To Type Rank L W Area PCI PCI Pct Climate PCI Pct Load PCI Pct Other Maint. Type Total $ Arterials / Collectors, Locals and Alleys
2023-24 38 183S CAMINO DEL MAR COURT ST JIMMY DURANTE BLVD AC A 1,415 26 36,790 54 67 12 21 AC Overlay Funded / Scheduled 2023-24 38 73N CAMINO DEL MAR JIMMY DURANTE BLVD COURT ST AC A 1,425 26 37,050 77 100 0 0 AC Overlay Funded / Scheduled 2023-24 66 126 NOB AVE OCEAN VIEW AVE CITY BOUNDARY AC E 300 26 7,800 82 16 0 84 AC Overlay Funded / Scheduled 2023-24 70 134 OCEAN VIEW AVE HIDDEN PINES RD PINE NEEDLES DR AC E 1,574 30 47,220 56 26 65 9 AC Overlay Funded / Scheduled 2024-25 STRATFORD CT 9TH 12TH AC E 3" Grind - AC Overlay 2024-25 STRATFORD CT 4TH ST INTERSECTION 4TH ST INTERSECTION AC E 3" Grind - AC Overlay 2024-25 STRATFORD CT 4TH ST LITTLE ORPHAN ALLEY AC E 1.5" Edge Grind-Overlay 2024-25 STRATFORD CT REMAINING SECTIONS BETWEEN 4TH AND 12TH AC E Asphalt Emulsion Slurry 2024-25 28 A206 ALLEY N/O UMATILLA RD VAN DYKE AVE UMATILLA DR AC O 633 13 8,229 50 21 45 34 1.5" Grind - AC Overlay $36,043 2024-25 55 100 HOSKA DR HIGHLAND AVE CREST RD AC E 1,400 29 40,600 61 24 71 5 2" Grind - AC Overlay $185,136 2024-25 56 103S JIMMY DURANTE BLVD FAIR GROUNDS MAIN ENTRANCE FAIR GROUNDS SOUTH ENTRANCE AC A 1,634 40 65,360 62 29 69 2 2.5" Grind - ARHM Overlay $416,997 2024-25 60 115 LITTLE ORPHAN ALY STRATFORD CT CDS AC O 384 20 7,680 52 45 41 14 1.5" Grind - AC Overlay $33,638 2024-25 88 158 SERPENTINE DR AVENIDA PRIMAVERA CDS AC E 448 20 8,960 69 12 65 23 2" Grind - AC Overlay $40,858 2024-25 88 159 SERPENTINE DR FOREST WAY AVENIDA PRIMAVERA AC E 510 18 9,180 65 25 33 42 1.5" Grind - AC Overlay $40,208 2024-25 102 181 ZUNI DR AVENIDA PRIMAVERA CDS AC E 261 20 5,220 56 13 71 16 2" Grind - AC Overlay $23,803 121,869 $1,314,183
2025-26 24 A200 ALLEY E/O CAMINO DEL MAR 25TH ST 28TH ST AC O 722 20 14,440 64 21 67 12 1.5" Grind - AC Overlay $66,424 2025-26 103 A203 ALLEY E/O STRATFORD ALL S/O 15T ST 12TH ST AC O 1,018 18 18,324 53 24 44 32 1.5" Grind - AC Overlay $84,290 2025-26 56 108N JIMMY DURANTE BLVD FAIR GROUNDS SOUTH ENTRANCE FAIR GROUNDS MAIN ENTRANCE AC A 1,699 40 67,960 49 20 73 7 2.5" Grind - ARHM Overlay $455,332 2025-26 87 155 SEA VIEW AVE CULEBRA ST CDS AC E 1,056 18 19,008 67 33 54 13 2" Grind - AC Overlay $91,048 2025-26 102 179 ZUNI DR LUNETA DR CAROLINA RD AC E 753 20 15,060 59 19 23 58 1.5" Grind - AC Overlay $69,276 $766,371
2026-27 42 81 COAST BLVD 20TH ST 365' S OF 18TH ST AC C 1,187 52 59,350 59 33 63 4 2.5" Grind - ARHM Overlay $417,231 2026-27 46 90 CULEBRA ST SEA VIEW AVE ZAPO ST AC E 527 20 10,540 59 22 58 20 2" Grind - AC Overlay $53,016 2026-27 58 112 KLISH WAY KLISH WAY AMPHITHEATRE DR AC E 426 25 10,650 57 7 49 44 2" Grind - AC Overlay $48,564 2026-27 64 122 MAIDEN LN 15TH ST ALLEY N/O 13TH ST AC E 604 16 9,664 63 52 42 6 1.5" Grind - AC Overlay $46,677 2026-27 64 123 MAIDEN LN 12TH ST ALLEY N/O 13TH ST AC E 604 16 9,664 56 25 72 3 2" Grind - AC Overlay $48,610 2026-27 71 136 ORCHID LN HIGHLAND AVE KLISH WAY AC E 834 16 13,344 53 29 11 60 1.5" Grind - AC Overlay $64,452 2026-27 95 168 UMATILLA RD RIMINI RD VAN DYKE AVE AC E 258 20 5,160 57 27 31 42 1.5" Grind - AC Overlay $24,923 118,372 $703,472
2027-28 56 102N JIMMY DURANTE BLVD FAIR GROUNDS MAIN ENTRANCE VIA DE LA VALLE AC A 2,377 40 95,080 50 18 68 14 2.5" Grind - ARHM Overlay $702,641 2027-28 58 113 KLISH WAY HOSKA DR TEWA ST AC E 816 20 16,320 62 38 32 30 1.5" Grind - AC Overlay $82,742 111,400 $785,384
2028-29 56 107S JIMMY DURANTE BLVD VIA DE LA VALLE FAIR GROUNDS MAIN ENTRANCE AC A 2,091 42 87,822 50 20 64 16 2.5" Grind - ARHM Overlay $680,621 2028-29 62 118 LUNETA DR 13TH ST 15TH ST AC E 763 24 18,312 62 30 35 35 1.5" Grind - AC Overlay $97,420 2028-29 65 124 MELANIE WAY STRATFORD CT CDS AC E 471 16 7,536 53 23 71 6 2" Grind - AC Overlay $41,749 113,670 $819,790
$537,500 Listed four (4) sections include 118,100 SF of AC; section PCI's (based on survey limits for 4th St to 12th St) are 48 & 69
Stratford Ct sections
part of City's
Underground project
for FY 2024-25

69 March 4, 2024 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Martin Boyd, Project Manager II
Clement Brown, Assistant City Manager
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: March 4, 2024
SUBJECT: San Dieguito Drive Improvements Project Update and Resolution Initiating Proceedings for the Formation of the San Dieguito Drive Improvement District REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Receive an update on the San Dieguito Drive Improvements Project (Project); and 2) Adopt a Resolution (Attachment A) to initiate proceedings for the formation of the San Dieguito Drive Improvement District to fund necessary improvements to San Dieguito Drive.

DISCUSSION/ANALYSIS:

San Dieguito Drive is an approximately 1,000 linear foot privately-owned street in the City of Del Mar that extends from the intersection of San Dieguito Drive and Racetrack View Drive to Oribia Road. The road is not part of the City’s public streets system and is not owned or maintained by the City. However, there is an easement on San Dieguito Drive that grants the City right-of-way for road and utility purposes (i.e., sewer, water, gas, power, and telephone lines).

Currently, San Dieguito Drive is in a deteriorated condition and in need of repair. For decades, the City has provided information and discussed alternatives with the adjacent property owners of San Dieguito Drive about how they could develop a road of sufficient quality and standards so that it could be considered for acceptance into the City’s streets and roadways system and added to the City’s regular street maintenance schedule.

From September 2022 to September 2023, the City completed a Phase 1 Preliminary Engineering Assessment for San Dieguito Drive, and on September 5, 2023, the City Council approved further study and design of the “Minimal Alternative” option from the San Dieguito Drive Phase 1 Preliminary Engineering Assessment and approved a $155,400 task order with Michael Baker International (MBI) to proceed with the Phase 2 Road Improvement Design, Construction Documents and Easement Acquisition for the Minimal Alternative. 1 March 4, 2024 Item 08
City Council Agenda Report
San Dieguito Drive Improvement Project Update and Adoption of Resolution March 4, 2024

The Minimal Alternative envisions a roadway with a standard centerline crown with 16 feet of asphalt and 3-foot concrete rolled curbs for an improved width of 23 feet and a minimum 20 feet of travel-way for public safety vehicle access. The adjacent property owners support this design as expressed during several neighborhood meetings with staff and to the City Council.

The Minimal Alternative was preferred because it maintains the rural character of the neighborhood as envisioned in the City’s Community Plan, while providing the minimum necessary improvements to upgrade the road to public standards. The current estimate cost to design and construct the Minimal Alternative is $1.3 million. This amount includes all costs associated with the project including Phase 1 and 2 engineering, environmental review, assessment consultant services, and construction.

On October 16, 2023, the City Council approved an agreement with SCI Consulting Group (SCI) to perform assessment engineering services for the improvements to San Dieguito Drive. The assessment engineering services to be provided by SCI include planning and feasibility, development of a Proposition 218-compliant Engineer’s Report, balloting services, and community outreach for the purpose of forming an assessment district to fund the residents’ portion of the costs to improve San Dieguito Drive. SCI has been focused on analyzing the scope of the project along with the public and private benefits, and determining a recommendation for proportional contributions by the City and residents.

On February 13, 2024, as part of the engineering assessment process, City staff distributed an informal survey and informational handout (Attachment B) to the residents of San Dieguito Drive and Oribia Road to gauge resident interest and solicit feedback regarding the creation of an assessment district, which would be called the San Dieguito Drive Improvement District.

City staff has provided residents until March 11, 2024, to complete the survey. Responses to the survey and associated feedback will inform the recommendation to be made by SCI and City staff to the City Council as to whether the City should move forward with initiating the required Proposition 218 ballot process to form the San Dieguito Drive Improvement District.

Feedback thus far is mixed with the residents requesting more information from the City. A resident meeting has been scheduled for March 5, 2024, to present SCI’s draft preliminary analysis, answer resident’s questions, and solicit resident input.

Proposition 218 requires an Engineer’s Report supporting the proposed assessments, followed by a mailed ballot proceeding of property owners that would be included in the benefit assessment district. Approval of a resolution (Attachment A) for the formation of a landscaping and lighting district pursuant to the Landscaping and Lighting Act of 1972 is the first step the City is being asked to take in order to propose a benefit assessment ballot measure to the property owners who will benefit from the Project. The Landscaping and Lighting Act of 1972 authorizes the establishment of an assessment for, among other things, road improvement, maintenance, and repair. If the resolution is approved, SCI will formally be appointed as the Engineer of Work and will prepare the final Engineer’s Report to be presented to the City Council in April 2024.

The next step will include submittal of the final Engineer’s Report to the City Council for preliminary acceptance along with presentation of the results of the informal resident survey.

The Engineer’s Report will include the final cost share for approval. The City Council would 2 March 4, 2024 Item 08
City Council Agenda Report
San Dieguito Drive Improvement Project Update and Adoption of Resolution March 4, 2024

then decide whether to proceed with the proposed Prop 218 ballot measure based on the Engineer’s Report and resident feedback.

If the City Council chooses to proceed, ballots will be mailed to the owners of the benefiting properties so they can vote on the measure. A minimum 45-day time period must be provided for the return of the assessment ballots. Following the 45-day time period, the City Council will hold a public hearing in the June to August timeframe to take public input and tabulate the ballots. If the measure passes via a 50% weighted vote by proposed assessment, the City Council will have the opportunity to order the levying of the assessments for fiscal year 2024-2025. The City would pay for all the improvement costs up front and recoup the residents’ share of the Project costs at the rate and over the period of time defined in the ballot measure.

As previously discussed, if the San Dieguito Drive Improvement Project moves forward, the City intends to align the design and construction schedules for the improvements to San Dieguito Drive and the Utility Undergrounding District (UUD) X1A (Crest Canyon) project. The current UUD X1A schedule anticipates completion of the design and bid documents by July 2024, followed by the public bidding process, and then anticipated City construction contract award by September 2024. The San Dieguito Drive Improvements Project bid package is on schedule to be completed along with X1A. If the San Dieguito Drive Improvement District is approved in the first half of this year, this will allow the proposed utility undergrounding along San Dieguito Drive to occur in conjunction with the roadway improvements, resulting in anticipated saving costs and avoiding impacts to residents if these two projects occurred at different times.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. Funds for all preconstruction activities are already approved and available in the CIP budget for this project.

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

San Dieguito Drive Development is listed as a Tier 2 City Council priority for Fiscal Years 2023-2024 and 2024-2025.

ATTACHMENTS:

Attachment A – Resolution Initiating Proceedings for the Formation of a Landscape and Lighting District for the Improvement of San Dieguito Drive Attachment B – Informal Resident Survey & Informational Handout 3 March 4, 2024 Item 08
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA INITIATING PROCEEDINGS FOR THE
FORMATION OF THE “CITY OF DEL MAR – SAN DIEGUITO DRIVE
IMPROVEMENT DISTRICT” AS PROVIDED FOR UNDER THE
LANDSCAPE AND LIGHTING ACT OF 1972
WHEREAS, the City of Del Mar is committed to public safety and the protection of lives and property; and
WHEREAS, San Dieguito Drive is a private road in deteriorating condition and does not meet either City of Del Mar or County of San Diego standards, creating a public safety hazard.

NOW, THEEFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that:

1. The above recitals are true and correct; and

2. The Council hereby proposes the formation of a landscaping and lighting district pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof) (“the Act”). The Council reserves the right to rescind this proposal at any time prior to the mailing of the ballots; and

3. The Landscaping and Lighting Act of 1972 authorizes the establishment of an assessment for, among other things, road improvement, maintenance, and repair, and the purpose of the proposed landscaping and lighting district shall be to improve San Dieguito Drive; and

4. The new landscaping and lighting district proposed in this Resolution is hereby given the distinctive designation of the "City of Del Mar – San Dieguito Drive Improvement District" (the “Assessment District”), which proposed landscaping and lighting district is primarily described as all properties in the City with a situs address on San Dieguito Drive and Oribia Road which use San Dieguito Drive for egress; and

5. It is proposed the Assessment District undertake the following improvements:
installation of improvements to San Dieguito Drive, which may include but are not limited to, widening of the road, installation of curbs and gutters, repaving, landscaping, street frontages, drainage systems, lighting, fencing, and labor, materials, supplies, utilities and equipment, as applicable. Installation means the construction of road improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, landscaping, irrigation systems, sidewalks and drainage; and

6. SCI Consulting Group is hereby designated as Engineer of Work for purposes of these proceedings and is hereby ordered to prepare an Engineer's Report in 4 March 4, 2024 Item 08
Resolution No. 2024-XX

accordance with Article 4 of Chapter 1 of the Act and Article XIIID of the California Constitution. Upon completion, the Engineer shall file the Engineer's Report with the City Clerk of the City of Del Mar for submission to the City Council.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 4
th day of March, 2024.
_____________________________________
Dave Druker, 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, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2024-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 4th day of March, 2024, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 March 4, 2024 Item 08
City of Del Mar
Resident Assessment Survey Information
San Dieguito Drive Improvements

1. Survey Regarding Proposed Resident Assessment District.

The City is surveying residents to gauge support for the creation of a resident assessment district to fund the resident portion of critical improvements to privately owned San Dieguito Drive. Answering the survey will not result in any financial obligation. The results of the survey will inform recommendations to be made by the City’s engineering assessment services consultant (SCI) and staff on whether to proceed with the ballot process legally required by Proposition 218 to form an assessment district. The ballot process would give residents along San Dieguito Drive and Oribia Road the opportunity to vote for or against the creation of an assessment district to fund their portion of the project.

2. San Dieguito Drive is in Poor Condition.

San Dieguito Drive has not been well maintained and is in poor condition. Unless it is converted to a publicly maintained roadway, it is likely to continue to deteriorate. A poorly maintained roadway creates issues such as flooding and drainage issues, dangerous conditions for pedestrians and bicyclists, risk of damage to vehicles from potholes and other poor roadway conditions, and impacts public safety access, particularly Fire engines.

3. Residents Have Asked the City to Help.

Because San Dieguito Drive is a privately owned road, the private property owners along San Dieguito Drive are responsible for maintaining it. This maintenance is expensive, and San Dieguito Drive and Oribia Road residents have asked the City for its help going back decades. The City Council has shown interest in partnering with residents to complete the critical improvements by hiring SCI to evaluate and propose a methodology in which the City and residents would jointly contribute toward the cost of the work.

4. Mutual Benefits of Improvements to San Dieguito Drive.

Improvements to San Dieguito Drive will widen and enhance the roadway, providing better public safety vehicle access; provide new rolled curbs, gutter and important drainage improvements, preventing future flooding to private property; provide a safer path of travel for pedestrians and vehicles; transfer future road maintenance responsibilities to the City, relieving private property owners of this burden; potentially increase private property values, with certainty of a well maintained road and no future resident maintenance obligations.

5. Shared Cost of Improvements between City and Residents.

Although the City maintains a public access easement to use San Dieguito Drive, it is not responsible for maintaining or improving the privately owned road. However, the City can justify helping residents find a solution because public use of the road provides some public benefit. As a result, SCI is recommending the City pay approximately 70% of the improvement project costs and assume responsibility for the road going forward, if the residents are willing to pay for the remaining 30% of the improvement costs. 6 March 4, 2024 Item 08

6. Opportunity to Coordinate with City Utility Undergrounding Project.

The City and residents agree that the most cost-effective and efficient way to improve San Dieguito Drive would be to do so at the same time as the City’s upcoming utility undergrounding project. If there is sufficient support indicated by residents through this survey to move forward with a formal 218 process to form an assessment district, the projects would be publicly bid out together. If the assessment passes, the City would move forward with construction of the San Dieguito Drive Improvements project in conjunction with the undergrounding work in the area. If the assessment fails, the City will complete the utility undergrounding project only, leaving the responsibility for the cost of future improvements, maintenance, and repairs of San Dieguito Drive in the hands of property owners.

7. City Recommended to Fund Majority of Improvement Project Costs.

This project is currently estimated to cost $1.3 million, with actual costs to be determined through the City’s required competitive public bidding process. Although the City is not obligated to pay for these improvements, SCI is recommending the City pay approximately 70% of the total project cost based on an analysis of public benefit.

The remaining 30%, or $400,000, would be paid by property owners over a period of 20 years, at no interest.

8. Who will Participate and What Will it Cost?
SCI is recommending that residents on San Dieguito Drive and Oribia Road participate in a residential assessment district to fund the resident portion of the project. As those primarily responsible for San Dieguito Drive, the rate for each property along San Dieguito Drive would be approximately $889 per year. The rate for each property along Oribia Road, which uses San Dieguito Drive for access, would be 50% of that, or $445 per year. Assessment district voting would be weighted to reflect these proportional contributions.

9. Flexible Payment Options for Homeowners.

Property owners would be able to pay their share of the improvement costs in one payment up front with no pre-payment penalty, or they may pay the amount over 20 years at no interest. For those who choose to pay for the improvements over time, the annual amount due will be added as a line item on the property’s annual property tax bill. The obligation would run with the property, not the individual property owner(s).

10. What is Required to Form an Assessment District?
Through a formal Proposition 218 ballot process, 50% + 1 of the participating property owners would need to vote in favor of forming an assessment district. The voting would be weighted to reflect 1 vote per property on San Dieguito Drive, and 0.5 vote per property on Oribia Road.

11. What Happens if the Assessment Doesn’t Pass?
If residents fail to pass the assessment district providing for a resident contribution to the project costs, it is unlikely that the project will move forward. The City would complete the planned utility undergrounding project, and the proposed improvements to San Dieguito Drive would be deferred until such time that the residents could commit to paying a proportionate share of the costs.
7 March 4, 2024 Item 08
IMPORTANT – ACTION REQUIRED

SAN DIEGUITO DRIVE IMPROVEMENTS PROJECT - RESIDENT SURVEY Please complete the following questions and return to [email protected] no later than Tuesday, February 20, 2024. If you have questions, please use the email address above or call (858) 375-9531 to speak to staff. Only one survey should be submitted for each property.
1) Name of Homeowner:
2) Property Address:

The scope of work for the San Dieguito Drive Improvements Project includes widening and repaving San Dieguito Drive; new rolled curbs and gutters; drainage improvements; and the installation of minimal retaining walls where absolutely needed. The estimated project cost is $1,300,000.

The City’s assessment engineering services consultant recommends the City pay approximately 70% of the total project cost based on an analysis of public benefit. The remaining 30%, or $400,000, would be paid by property owners.

For San Dieguito Drive property owners, this would equate to an annual contribution of $889; and $445 annually for property owners along Oribia Road. The amount would be paid through an assessment district over a 20-year period (no interest), or could be paid as a lump sum, one-time payment.
3) Would you be willing to pay the resident share for your property as described above? (Mark below with X).

Yes: _______ No: ________
4) If you answered No to #3, please explain why and what you would be willing to contribute to the project:

Note: Deadline for submittal extended
to March 11, 2024
8 March 4, 2024 Item 08
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable City Council Members
FROM: Mayor Dave Druker and Deputy Mayor Terry Gaasterland, City Council Rail Subcommittee
DATE: March 4, 2024
SUBJECT: Creation of a LOSSAN Rail Realignment Advisory Taskforce and Adoption of a Resolution Memorializing City Council Guiding Principles for the LOSSAN Rail Realignment Project

REQUESTED ACTION/RECOMMENDATION:

The City Council Rail Subcommittee recommends that the City Council: 1) Adopt a Resolution (Attachment A) forming the LOSSAN Rail Realignment Advisory Taskforce (LOSSAN Taskforce) and its Charter (Exhibit A to Attachment A); 2) Appoint Mayor Druker and Deputy Mayor Gaasterland as the Council liaisons to the LOSSAN Taskforce; and 3) Adopt a Resolution (Attachment B) memorializing the adoption of and Council commitment to the Guiding Principles related to the Project (Exhibit A to Attachment B); and provide additional direction as may be needed.

BACKGROUND:

The Del Mar City Council has closely monitored the San Diego Association of Governments’ (SANDAG) LOSSAN Rail Realignment project (Project) since public outreach began in 2020. The Project includes studying options for removing the rail line from the fragile Del Mar bluffs to an inland location by 2035 to secure the long-term reliability of the transit line. The Project has generated a high level of community concern and engagement. To date, the City Council has adopted a resolution in support of a robust public education (Attachment C) and outreach process along with City Council Guiding Principles (Exhibit A to Attachment B) specific to the Project.

On February 5, 2024, the City Council received a presentation from SANDAG that provided a recap of the work that has taken place to date on the Project, a summary of public feedback received, and information about the upcoming environmental review process. The first step in the environmental review process is the issuance of a Notice of Preparation (NOP) and an associated public scoping meeting. More specifically, the NOP is the preliminary step in the State’s California Environmental Quality Act (CEQA) process that will determine the technical studies needed to develop an Environmental Impact Report (EIR) for the Project. The NOP is a public process that gives the public and stakeholders the opportunity to inform what alignment alternatives will be included in the environmental review, the environmental concerns and potential impacts to be studied, and the opportunity to provide general feedback, questions and comments about the Project.
1 March 4, 2024 Item 09
City Council Agenda Report
LOSSAN Taskforce Creation/Resolution Memorializing Guiding Principles March 4, 2024

SANDAG plans to tentatively issue the NOP in April 2024, with a standard 30-day comment period. The comment period may be extended by SANDAG at their discretion in order to allow the City and other stakeholders adequate time to provide input. Staff anticipates that SANDAG may provide a 15-day extension (or potentially longer) to provide comment on the NOP, but that has not been established at this time.

DISCUSSION/ANALYSIS:

Formation of the LOSSAN Rail Realignment Project Advisory Taskforce At the February 5, 2024, City Council meeting, the concept of creating a LOSSAN Rail Realignment Advisory Taskforce (LOSSAN Taskforce) was briefly discussed and supported by the City Council. There was Council consensus for Mayor Druker and Deputy Mayor Gaasterland, as the Council’s Rail Subcommittee, to return with a proposal to form a citizen advisory taskforce to assist the City Council in preparing the City’s official response to the NOP, advising the Council on resident concerns regarding the NOP, and to encourage community participation in the process.

As an initial task, the Taskforce would review the scope of the NOP to ensure it addresses the concerns that have been raised by the community (e.g., noise, vibrations, risks associated with freight/military munitions, acquisition of private property, alignments to be studied, etc.) and aligns with the Council’s Guiding Principles for the Project, and draft a recommended City response to the NOP for the Council’s consideration.

The Rail Subcommittee has developed a proposed charter for the LOSSAN Taskforce (Exhibit A to Attachment A) identifying its mission, scope, and membership. To accomplish the Taskforce’s work in a timely manner, it is anticipated that they would meet weekly in compliance with the Brown Act, and would pause when the City’s NOP response has been submitted to SANDAG.

The Taskforce would be available to review any subsequent SANDAG revisions to the NOP or complete additional tasks related to the Project’s environmental review process as determined and directed by the City Council. As envisioned, Mayor Druker would Chair the Committee and the Deputy Mayor Gaasterland would serve as the Vice Chair.

As proposed, the Taskforce would be made up of seven (7) members, five (5) voting members who are residents of Del Mar and two (2) ex-officio (non-voting) members from the Torrey Pines area in the City of San Diego, and to be recommended by San Diego Councilmember Joe LaCava for Council consideration for appointment. If the formation of the Taskforce is approved, staff will open a recruitment for the five (5) Del Mar resident voting Taskforce members. Appointments are tentatively scheduled for the April 1, 2024, City Council meeting.

As the Project goes through environmental review, design, and construction, the City anticipates that other City committees outside of the Taskforce, such as the Design Review Board, Traffic and Parking Advisory Committee, Lagoon Committee, and/or Parks and Recreation Committee, may be asked to review aspects of the Project that pertain to their Charters and advise the City Council.

Additional Actions Being Taken by the City
Council discussion and public comments at the February 5, 2024, City Council meeting focused on the City’s efforts to engage effectively with SANDAG on the Project and ensure that SANDAG keeps the community informed as the Project progresses. 2 March 4, 2024 Item 09
City Council Agenda Report
LOSSAN Taskforce Creation/Resolution Memorializing Guiding Principles March 4, 2024

In addition to the proposed formation of the LOSSAN Taskforce, staff and the Rail Subcommittee are working with SANDAG to develop a schedule of important “check points” or key project milestones that provide opportunity for public input, such as the NOP and release of the EIR, to schedule presentations or City Council agenda items to ensure that the City Council and community receive timely updates from SANDAG staff on the Project when new substantive information is available and have the opportunity to provide input.

Further, staff and the Rail Subcommittee will be working with SANDAG to identify funding for the City to hire outside independent experts to represent the City’s interest in reviewing project reports and studies throughout the process. This would start with the review of the methodology to be used in the Project’s EIR. Staff and the Rail Subcommittee will keep the City Council and community updated on these efforts.

Resolution Memorializing the City’s Adoption of Guiding Principles related to the Project On September 5, 2023, the City Council adopted Resolution 2023-33 (Attachment C), establishing that it is critically important to the City of Del Mar that SANDAG commit to engaging the public through every means possible to ensure a robust public participation process in which the public can participate fully, receive answers to questions, and provide feedback for consideration prior to decisions being made. On November 13, 2023, the City Council adopted nine (9) guiding principles to help clarify the City’s position with regard to the Project as well as provide guidance for any future decision(s) or position(s) to be taken by the City related to the Project. On December 18, 2023, the City Council amended the guiding principles to add a 10th principle related to the Fairgrounds (Exhibit A to Attachment B). To memorialize the adoption of the Guiding Principles related to the Project and reaffirm the City’s commitment to the principles therein, Mayor Druker and Deputy Mayor Gaasterland recommend the City Council adopt the Resolution included as Attachment B.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

NEXUS TO COUNCIL GOALS AND PRIORITIES:

City involvement in major SANDAG initiatives, including the LOSSAN Rail Realignment project, is a Tier 1 City Council priority.

ATTACHMENTS:

Attachment A - Resolution Forming the LOSSAN Rail Realignment Advisory Taskforce Exhibit A to Attachment A- LOSSAN Rail Realignment Advisory Taskforce Charter Attachment B - Resolution Memorializing the Guiding Principles Exhibit A to Attachment B - Adopted Guiding Principles for the Project 12/18/2023 Attachment C – Resolution 2023-33 – Support for Robust Public Outreach & Education 3 March 4, 2024 Item 09
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ESTABLISHING THE LOSSAN RAIL

REALIGNMENT ADVISORY TASKFORCE TO PROVIDE INPUT

AND ADVISE THE CITY COUNCIL ON RESPONDING TO THE

NOTICE OF PREPARATION (NOP) AND OTHER DOCUMENTS

OR REPORTS TO BE ISSUED BY THE SAN DIEGO

ASSOCIATION OF GOVERNMENTS (SANDAG) FOR THE

LOSSAN RAIL REALIGNMENT PROJECT
WHEREAS, the Los Angeles—San Diego—San Luis Obispo (LOSSAN) rail corridor stretches 351 miles from San Diego to Luis Obispo, connecting major metropolitan areas of Southern California and the Central Coast; and
WHEREAS, the San Diego region’s segment of the LOSSAN corridor extends 60 miles from the San Diego County and Orange County border and passes over six coastal lagoons, Camp Pendleton, and the cities of Oceanside, Carlsbad, Encinitas, Solana Beach, and Del Mar before coming to its final destination in Downtown San Diego; and WHEREAS, the San Diego Association of Governments (SANDAG) LOSSAN Rail Realignment Project (Project) is intended to study options to move the rail corridor off the fragile Del Mar bluffs to an inland location by 2035, and secure the long-term reliability of the transit line; and
WHEREAS, the Del Mar City Council has closely monitored the SANDAG Project since 2020 when SANDAG began public outreach for the Project; and WHEREAS, the Project’s Notice of Preparation (NOP) will be issued by SANDAG in approximately April 2024, with a public comment period of 30 days or longer if deemed necessary; and
WHEREAS, it is recognized that input from the Del Mar community will play a critical role in developing the City’s formal response to the NOP and other project related activities as identified by the City Council; and
WHEREAS, in order to ensure issues and concerns raised by the public are addressed in the NOP, and that it comports to the Council’s adopted Guiding Principles related to the Project, the City Council wishes to establish an ad-hoc LOSSAN Rail Realignment Advisory Taskforce (LOSSAN Taskforce) to convene once the NOP is released by SANDAG and pause once the City’s NOP response has been submitted to SANDAG, with the Taskforce available to work on other Project related tasks as identified by the City Council; and
WHEREAS, the Charter for the formation of the LOSSAN Taskforce is attached as Exhibit “A”; and
WHEREAS, the establishment of a City committee or taskforce does not constitute a “project” under the definition set forth in CEQA Guidelines Section 15378 because it will 4 March 4, 2024 Item 09
Resolution No. 2024-XX

not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the LOSSAN Rail Realignment Advisory Taskforce is hereby established as provided in Exhibit A “LOSSAN Rail Realignment Advisory Taskforce Charter.” BE IT FURTHER RESOLVED that the Taskforce will meet in full compliance with the California Open Meeting Laws.

BE IT FURTHER RESOLVED that the Taskforce shall be initially chaired by Mayor Druker and Deputy Mayor Gaasterland will initially serve as Vice Chair, which may be reviewed annually. The Taskforce shall select a Secretary who shall prepare meeting minutes and submit them to the full Taskforce for review and approval; upon approval, the minutes shall be submitted to the Administrative Services Department to become part of the City’s records.

BE IT FURTHER RESOLVED that the Taskforce shall automatically dissolve when the environmental review process for the Project is complete, unless otherwise extended by City Council action.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 4th day of March, 2024 ___________________________
Dave Druker, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
5 March 4, 2024 Item 09
Resolution No. 2024-XX

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2024-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 4th day of March, 2024, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
6 March 4, 2024 Item 09

LOSSAN RAIL REALIGNMENT ADVISORY TASKFORCE CHARTER
Mission & Work Program:

The LOSSAN Rail Realignment Advisory Taskforce (Taskforce) is charged with advising the City Council and making recommendations as to the City’ official response to the Notice of Preparation (NOP) and other key documents or reports issued by the San Diego Association of Governments (SANDAG) for the LOSSAN Rail Realignment project (Project).

The Taskforce’s initial Work Program is to develop a draft a recommended City response to the NOP to be considered by the City Council that: 1) Aligns with the Del Mar Guiding Principles regarding the LOSSAN Rail Realignment Project; 2) Addresses community concerns raised regarding the Project; and 3) Requests appropriate alternatives are studied as part of the Environmental Impact Report (EIR). If the NOP is revised after the NOP comment period, the Taskforce will review the revised NOP with respect to the three criteria above and advise the Council.

As directed by the City Council, the Taskforce may be assigned to review issues and topics related to the Project’s environmental review process beyond advising on the City’s response to the NOP, and provide recommendations to the Council.

Membership:

The Taskforce consists of seven (7) total members. Five (5) voting members must be residents of the City of Del Mar and two (2) ex-officio (non-voting) members must be residents of the City of San Diego Torrey Pines Community Plan area to be recommended by San Diego City Councilmember Joe LaCava and appointed by the Council.

Membership Term:

Members will serve on the Taskforce until the work is deemed complete and the Taskforce is dissolved by the City Council.

Meeting Requirements:

The Taskforce shall meet approximately weekly in full compliance with the Brown Act, starting after SANDAG’s issuance of the NOP for the Project (anticipated in April 2024) and until the City’s official response to the NOP has been submitted and this Taskforce work program item has been deemed complete. Following the City’s response to the NOP, the Taskforce will meet as-needed and directed by the City Council.

Conflict of Interest Filing:

Members of the Taskforce are not required to file Conflict of Interest Filings due to the advisory nature of the Taskforce.

Status:

The City of Del Mar LOSSAN Taskforce is an ad-hoc citizen taskforce and will automatically be dissolved when the environmental review process for the Project is complete, unless extended by the City Council.
7 March 4, 2024 Item 09
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, MEMORIALIZING AND REAFFIRMING THE

CITY COUNCIL ADOPTED GUIDING PRINCIPLES RELATED TO

THE SAN DIEGO ASSOCIATION OF GOVERNMENTS LOSSAN

RAIL REALIGNMENT PROJECT
WHEREAS, removing the rail line from the environmentally sensitive and fragile Del Mar Bluffs to an inland location by 2035 is a top priority for the City and the region; and WHEREAS, the San Diego Association of Governments (SANDAG) will commence in Spring 2024 with environmental studies regarding the LOSSAN Rail Realignment Project (Project) which will relocate the railroad tracks off of the Del Mar Bluff; and WHEREAS, on December 18, 2023, the City Council finalized ten (10) Guiding Principles related to the Los Angeles-San Diego-San Luis Obispo (LOSSAN) rail realignment project, which were subsequently provided to SANDAG and are publicly available (Exhibit A); and
WHEREAS, many Del Mar residents have asked for the City Council to address certain concerns raised by the community including support for the evaluation of a tunnel underneath the San Dieguito Lagoon and River to the I-5 in the upcoming environmental study; opposition to eminent domain and the location of portals near private residences; and transportation of hazardous or unsafe materials through tunnels underneath residential homes.

NOW, THEREFORE, the City Council of Del Mar, California, does hereby resolve as follows:

SECTION 1. The City Council memorializes the adoption of and reaffirms their commitment to the City Council Guiding Principles Related to the LOSSAN Rail Realignment Project (Exhibit A).

SECTION 2. The City Council of the City of Del Mar opposes the use of eminent domain to acquire private property for the Project; and SECTION 3. The City Council opposes portal locations near private residences; and SECTION 4. The City Council opposes the movement of hazardous materials, munitions, or other such freight that presents a safety risk through tunnels underneath residential homes; and
SECTION 5. The City Council requests that SANDAG evaluate, and subsequently prepare an engineering design for, a tunnel underneath the San Dieguito Lagoon and River to the I-5 as part of the upcoming Environmental Impact Report (EIR); and 8 March 4, 2024 Item 09
Resolution No. 2024-XX

SECTION 6. That this resolution shall take effect as of the date of its passage and adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, this 4
th day of March, 2024.

Dave Druker, 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, SARAH KREITOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of the Resolution No. 2024-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 4
th day of March, 2024, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
9 March 4, 2024 Item 09
Council Adopted 11/13/2023; Amended 12/18/2023

CITY OF DEL MAR

GUIDING PRINCIPLES RELATED TO THE LOSSAN RAIL

REALIGNMENT PROJECT
The City Council of the City of Del Mar endorses the following guiding principles regarding the San Diego Association of Governments (SANDAG) LOSSAN Rail Realignment Project.

City Council adoption of these guiding principles establishes the City of Del Mar’s official position regarding this important project. Comments by individual Councilmembers that conflict with these adopted guiding principles are not representative of the City’s position. 1) Removing the rail line from the environmentally sensitive and fragile Del Mar Bluffs to an inland location by 2035 is a top priority for the City and the region. 2) The San Diego Association of Governments (SANDAG) must thoroughly explore all portal locations that eliminate impacts to, and the need for acquisition of, private property. 3) It is critically important that SANDAG engage the public through every means possible to ensure a robust public participation process in which the public can participate fully, receive answers to questions, and provide feedback for consideration prior to decisions being made. 4) The coming SANDAG studies must include a reasonable range of feasible alternative rail alignments, including the I-5 and proposed Fairgrounds alignments, and must also include a “no project” alternative as required by federal and state environmental laws. 5) An independent, forward-looking cost benefit analysis must be performed comparing the cost and benefits of the proposed final project to the alternatives, and should consider costs due to risks of bluff failure.
6) Del Mar expects to be intimately involved in the SANDAG study process with an opportunity to comment at each stage along the way.
7) Recognizing that elimination of the rail line is not within the power of the City of Del Mar, SANDAG, or the North County Transit District, Del Mar encourages those who want to advocate for closure of the rail line to address their comments to the federal and state governments who hold this authority and their respective representatives. 8) The City Council pledges to be open and transparent with the public regarding this important project and expects SANDAG to do the same.
9) In addition to the Coastal Commission requirements related to the Del Mar Bluffs 5 Project mitigation, the LOSSAN Rail Realignment Project should include removal of seawalls and the creation of a trail wherever the tracks are removed in Del Mar. 10) With regard to study of a potential Fairgrounds rail alignment, SANDAG must respect and protect the operational, economic, environmental and planning needs of the 22nd DAA and of the proposed Del Mar housing program on the Fairgrounds, and as a key stakeholder, the 22nd DAA must be proactively engaged by SANDAG throughout the process. 10 March 4, 2024 Item 09
RESOLUTION NO. 2023-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, EXPRESSING SUPPORT FOR THE SAN

DIEGO ASSOCIATION OF GOVERNMENTS CONDUCTING A

ROBUST PUBLIC OUTREACH AND PARTICIPATION PROCESS

RELATED TO THE LOSSAN RAIL REALIGNMENT PROJECT
WHEREAS, the Los Angeles—San Diego—San Luis Obispo (LOSSAN) rail corridor is an intercity rail corridor supporting commuter, intercity, and freight rail services; WHEREAS, this rail corridor is part of our region’s economy and has a role in our nation’s defense by providing direct rail access to several key military bases; and WHEREAS, an approximately 1.5-mile portion of this rail line runs on a single track along the environmentally sensitive and fragile Del Mar bluffs; and WHEREAS, the City has expressed strong support for the relocation of the rails to an inland location by the San Diego Association of Governments (SANDAG) as expeditiously as possible; and
WHEREAS, as part of the rail relocation effort, it is critically important that SANDAG comprehensively informs the public of the impacts of all realignment alternatives currently under consideration and facilitates a process that allows for robust public outreach and participation to determine the future placement of the rail line; and WHEREAS, on July 24, 2023, representatives from SANDAG presented a plan for public outreach and participation to the Del Mar City Council related to the LOSSAN Rail Realignment Project; and
WHEREAS the City wishes to formally express support for SANDAG’s public outreach plan and further encourages SANDAG to commit to engaging the public through every means possible to ensure a robust public participation process in which the public can participate fully, receive answers to questions, and provide feedback for consideration prior to decisions being made.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that:

1. The above recitals are true and correct.

2. The City Council expresses support for SANDAG’s public outreach plan and further encourages SANDAG to look for every opportunity possible to engage the public and ensure significant opportunities for public participation and feedback prior to the selection of a final rail realignment and throughout the process.

3. The City Council directs the City Manager to provide a copy of this Resolution to SANDAG.
11 March 4, 2024 Item 09
Resolution No. 2023-33

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 5
th day of September, 2023.
___________________________
Tracy Martinez, 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, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2023-33, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 5
th day of September, 2023, by the following vote:

AYES: Mayor Martinez, Deputy Mayor Quirk, Councilmembers Druker, Gaasterland, and Worden
NOES: None
ABSENT: None
ABSTAIN: None

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
12 March 4, 2024 Item 09
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Ashley Jones, City Manager
Karen Brindley, Planning and Community Development Director Amanda Lee, Principal Planner
DATE: March 4, 2024
SUBJECT: Consideration of an Exclusive Negotiating Rights Agreement with the 22nd District Agricultural Association
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve an Exclusive Negotiating Rights Agreement with the 22nd District Agricultural Association (Attachment A); and 2) Authorize the City Manager to execute the agreement.

BACKGROUND:

The City of Del Mar (City) 6th Cycle Housing Element was adopted by the City Council on March 25, 2021, and ultimately certified by the State Department of Housing and Community Development (HCD) on May 31, 2023. In accordance with Housing Element Program 3A, the City is seeking to secure a one to two-acre site within the State Fairgrounds property for the development of at least 61 dwelling units for lower income households. Per the Housing Element, the City of Del Mar (City) is required to execute a binding agreement, such as the proposed Exclusive Negotiating Rights Agreement (ENRA), between the City of Del Mar (City) and 22nd District Agricultural Association (District) by April 2024. The District unanimously approved the ENRA at their Board meeting on February 20, 2024, and authorized Chief Executive Officer Carlene Moore to execute the Agreement on behalf of the District.

DISCUSSION/ANALYSIS:

Over the past year, City and District staff, along with respective legal counsel for each, have met frequently and engaged in negotiations to facilitate the development of a mutually acceptable agreement to lay out a process and schedule for selection of a development site on District property and to conduct related feasibility and due diligence activities necessary to develop a Ground Lease between the Parties. The agreement that has been drafted through this collaborative process for City Council and District Board consideration is an Exclusive Negotiating Rights Agreement, which is included with this report as Attachment A.
1 March 4, 2024 Item 10
City Council Agenda Report
Exclusive Negotiating Rights Agreement- City/Fairgrounds March 4, 2024

The ENRA takes into consideration and provides a path toward accomplishing the City’s goal of developing affordable housing on DAA property and compliments and supports the timing for the DAA’s strategic initiatives, which will help inform ultimate selection of the development site on DAA property.

In conjunction with the District’s master site planning process, the purpose of the ENRA is to identify a mutually agreeable site for the development of affordable housing; complete site due diligence; determine the scope/components of development; make a preliminary determination on the feasibility of the proposed development; and establish procedures and standards for the negotiation of a mutually acceptable long-term Ground Lease agreement for development of affordable housing. All of these activities and associated timelines for completion are detailed in the ENRA and Exhibit B to the ENRA.

The term of the ENRA will be for an initial twenty-four (24) month period, which will commence on April 15, 2024 and terminate on April 15, 2026, unless otherwise extended as provided for under the Agreement.

At the conclusion of the ENRA period, the City and DAA will have selected and confirmed the suitability of a site within the Fairgrounds property for development of at least 61 affordable housing units and negotiated the terms and conditions of a Ground Lease for consideration by the City, District, and State Department of General Services. Following approval of a Ground Lease by all parties, the City would initiate the developer selection process.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is a City Council identified Tier 1 (highest) priority work plan item.

ATTACHMENTS:

Attachment A – ENRA between the City and District
2 March 4, 2024 Item 10
1 EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT
(Fairgrounds)
This Exclusive Negotiating Rights Agreement ("Agreement") is entered into as of April 15, 2024, by and between the 22nd District Agricultural Association, a California state institution ("District"), and the City of Del Mar, a California charter city ("City"), based on the information set forth below. District and City are sometimes referred to collectively in this Agreement as the "Parties".

RECITALS
A. Under Food & Agricultural Code Section 3951, the District is a California state institution formed for the purpose of "[h]olding fairs, expositions and exhibitions for the purpose of exhibiting all of the industries and industrial enterprises, resources and products of every kind or nature of the state with a view toward improving, exploiting, encouraging, and stimulating them," as well as "[c]onstructing, maintaining, and operating recreational and cultural facilities of general public interest."
B. The District "may do any and all things necessary to carry out the powers and the objects and purposes" for which the District was formed, and the District acts through its Board of Directors (the "Board"), which comprises nine individuals appointed by the California Governor to serve four-year terms.

C. Under Food & Agricultural Code Section 3965, the Board may, with the approval of the California Department of Food and Agriculture, manage the affairs of the District and make all necessary bylaws, rules and regulations for the government of the District.

D. Under Food & Agricultural Code Section 4051, subdivision (a)(12), the District is authorized to, with the approval of the California Department of General Services, "lease for the use of its real property, or any portion of that property, to any person or public body for whatever purpose as may be approved by the [B]oard. This purpose may include, but not be limited to, the construction and maintenance of housing affordable to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, pursuant to a lease of not more than 55 years." The Parties intend to pursue extension of the maximum lease term pursuant to Section 2.5(b), below.

E. The District currently owns and operates approximately 324 acres of real property known as the San Diego County Fairgrounds, as depicted on the Site Map attached as Exhibit A to this Agreement ("Property").

F. The District is undergoing a master site planning process to plan immediate, nearterm projects as well as conceptual, long-term projects focusing on enhancing and improving San Diego County Fairgrounds facilities in a manner that maintains its distinction as a world-class fair, horse racing, equestrian, and conference/special event site. During the master site planning process, the District will work to identify the portions of the Property which the District would be

ATTACHMENT A
3 March 4, 2024 Item 10
2 willing to make available for development of affordable housing as contemplated in this Agreement.

G. In its Sixth Cycle Housing Element Update, the City identified and included a portion of the Property in the Housing Element residential sites inventory as a property to be developed to accommodate housing units affordable to extremely low, very low, and low-income households.

H. As a condition of approval of the City's Housing Element, the State Department of Housing and Community Development required the City to provide documentation that the City has a binding agreement for the property to be developed to accommodate housing units affordable to lower income households. This Agreement is intended to evidence that the City will have site control over the portion of Property identified as the Development Site (as the term is defined in Section 2.2(a) below) as outlined in this Agreement.

I. Under Government Code Section 52201(a)(1) a city, county, or city and county may acquire property in furtherance of the creation of an economic opportunity.

J. Under Government Code Section 52200.2 "economic opportunity" is defined to include the creation of affordable housing, if a demonstrated affordable housing need exists in the community, as defined in the approved housing element or regional housing needs assessment.

K. The City intends to identify and subsequently lease the Development Site to further economic opportunity in the City of Del Mar through the creation of affordable housing to meet a demonstrated housing need that exists in the community and fulfills housing element goals and objectives.

L. The purpose of this Agreement is to enable the Parties to implement a process to identify a site for developing the Affordable Development, as defined in Section 1.1(b) of this Agreement. During the Negotiating Period, the Parties will develop the scope for the Affordable Development.

M. The City and the District desire to enter into this Agreement after arm's length voluntary contract negotiations in order to identify the Development Site, determine the scope of the components of the Affordable Development, make a preliminary determination on the feasibility of the proposed Affordable Development, and, if desired by both Parties, establish procedures and standards for the negotiation by the City and the District of a mutually acceptable lease agreement (a "Lease Agreement") for consideration by the City Council and the Board, pursuant to which, among other matters, if specified preconditions are satisfied: (1) the District would lease the Development Site to the City; and (2) the City would, or would cause a designee to, develop and operate the Affordable Development on the Development Site in accordance with California law and subject to the express approval of the District, which consent will not be unreasonably delayed, conditioned, or withheld.

N. The Parties acknowledge and agree that this Agreement in itself does not (i) obligate any party to acquire or convey any portion of the Property, (ii) grant the City the right to 4 March 4, 2024 Item 10
3 develop the Affordable Development, (iii) obligate the City to undertake any activities or pay any costs to develop the Affordable Development, except for the preliminary analysis and negotiations contemplated by this Agreement, or (iv) constitute the approval of a project as defined by the California Environmental Quality Act pursuant to California Public Resources Code Sections 21000 et seq. and California Code of Regulations Sections 15000 et seq. ("CEQA").

NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties mutually agree as follows:

ARTICLE 1.

EXCLUSIVE NEGOTIATIONS RIGHT
Section 1.1 Good Faith Negotiations.
(a) During the Negotiating Period (defined in Section 1.2 below), the District and the City agree to work cooperatively and in good faith to: (1) make a preliminary feasibility determination, (2) identify options for the Development Site pursuant to the terms set forth in Section 2.2 below; (3) define the scope of the Affordable Development; and (4) if the Affordable Development is determined to be feasible and desirable by both Parties, negotiate diligently and in good faith the terms of a Lease Agreement for the Development Site. During the Negotiating Period, the Parties shall use good faith efforts to accomplish the respective tasks outlined in Article 2 to facilitate the negotiation of a mutually satisfactory Lease Agreement. (b) During the Negotiating Period, the Parties will address certain issues, including: (1) identifying the portions of the Property to be evaluated by the City as a potential Development Site pursuant to the terms set forth in Section 2.2 below; (2) defining the scope of the "Affordable Development", which is expected to include at least sixty-one (61) units of affordable housing together with common areas; (3) completing financial feasibility studies and analyzing potential methods of financing for the Affordable Development; (4) considering the terms of the Lease Agreement; (5) analyzing the physical conditions of the Development Site, including an analysis of the existing infrastructure and need for new infrastructure for the Affordable Development; (6) analyzing the level of environmental review needed to comply with CEQA, and to the extent necessary, the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347) ("NEPA"); and (7) defining conceptual planning activities, including preparation of an initial design of the various components of the Affordable Development and a preliminary analysis of land use entitlements needed.
(c) Notwithstanding anything to the contrary contained in this Agreement, the Parties agree and acknowledge that the Lease Agreement will separate out the Parties' obligations with regards to the Affordable Development and establish the City's rights and obligations to develop and operate the Affordable Development.

Section 1.2 Negotiating Period.
(a) The negotiating period (the "Negotiating Period") under this Agreement 5 March 4, 2024 Item 10
4 shall commence as of April 15, 2024 (the "Effective Date") and continue for a period of twentyfour (24) months, unless extended in accordance with this Section 1.2. City may, before the end of the initial Negotiating Period, submit a written request to the District to extend the Negotiating Period for up to six (6) months (an "Extension"), which the District's Chief Executive Office ("'CEO") may, at the CEO's sole and absolute discretion, grant or deny. The CEO may grant up to two (2) Extensions. Any additional Extensions shall require formal written approval by the District.
(b) If, by the expiration of the Negotiating Period (as the Negotiating Period may be extended by operation of the preceding paragraph), a Lease Agreement has not been executed by the District and the City and is not on an agenda for approval by the Board, then this Agreement shall terminate and neither party shall have any further rights or obligations under this Agreement. If a Lease Agreement is executed by the District and the City, this Agreement shall thereupon terminate, and all rights and obligations of the Parties shall be as set forth in the executed Lease Agreement.

Section 1.3 Exclusive Negotiations.
(a) During the Negotiating Period (as such Negotiating Period may be extended in accordance with Section 1.2), the District shall not negotiate with any entity for the development or use of the prospective sites for an affordable housing project, other than the City (or an affiliate thereof), regarding development or use of the prospective sites to be evaluated for selection as the Development Site under Section 2.2 of this Agreement. This Section 1.3 shall not affect any other portion of the Property not identified under Section 2.2 of this Agreement as a prospective Development Site. After the District and the City select the Development Site, for the remaining portion of the Negotiating Period, the District shall negotiate only with the City regarding development or use of the Development Site for the Affordable Development and shall not solicit or entertain bids or proposals to do so. This Section 1.3 shall not limit the District's ability to conduct its master site planning process.
(b) During the Negotiating Period, the City and District shall negotiate in good faith the scope of the Affordable Development to be developed on the Development Site. The District will retain any portion of the Development Site not deemed necessary for the Affordable Development.

Section 1.4 Identification of City and District Representatives. (a) City Designated Representative. The City's representative to negotiate the Lease Agreement with the District is the City Manager, or the City Manager's designee. The City shall notify the District in writing of any changes to the designated representative. (b) District Designated Representative. The District's representative to negotiate the Lease Agreement with the City is the CEO, or the CEO's designee. The District shall notify the City in writing of any changes to the designated representative. 6 March 4, 2024 Item 10
5 Section 1.5 Actions by the District and the City.
(a) District Actions. Whenever this Agreement calls for or permits the approval, consent, authorization or waiver of the District, the approval, consent, authorization, or waiver of the CEO shall constitute the approval, consent, authorization, or waiver of the District without further action of the Board. By approving this Agreement, the Board has elected to delegate to the CEO the authority to approve, consent, authorize or waive and of the rights or obligations set forth in this Agreement. The City acknowledges that nothing in this Agreement shall prevent the Board from revoking or modifying any authority delegated to the CEO under this Agreement; any such revocation or modification shall not impact the validity of this Agreement. (b) City Actions. Whenever this Agreement calls for or permits the approval, consent, authorization or waiver of the City, the approval, consent, authorization, or waiver of the City Manager shall constitute the approval, consent, authorization, or waiver of the City without further action of the City Council. The District acknowledges that nothing in this Agreement (including any approval by the City Manager in accordance with this Agreement), or a Lease Agreement (if approved by the City Council) shall limit, waive, or otherwise impair the authority and discretion, as applicable, of: (1) the City's Planning Department, in connection with the review and approval of the proposed construction plans for the Affordable Development, or any use, or proposed use, of the Development Site; (2) the City's issuance of a building permit; or (3) any other office or department of the City acting in its capacity as a governmental entity, regulatory authority and/or police power.

ARTICLE 2.

NEGOTIATION TASKS
Section 2.1 Overview.

To facilitate negotiation of the Lease Agreement, the Parties shall use reasonable, good faith efforts to accomplish the tasks set forth in this Article 2 in a timeframe that will support negotiation and execution of a mutually acceptable Lease Agreement before the expiration of the Negotiating Period and in a manner consistent with the schedule attached hereto as Exhibit B and incorporated as part of this Agreement by this reference (the "Schedule").

Section 2.2 Development Site Selection Process.
(a) Within the time set forth in the Schedule, the District shall continue the master site planning process for the Property and shall provide the City with the prospective site(s) which the District agrees it would be willing to make available for the construction of the Affordable Development. Within the time set forth in the Schedule, the City will evaluate the prospective site(s) and the Parties will identify the precise location and parcels for the site to be developed (the "Development Site").
(b) The District shall provide the City an opportunity to conduct the predevelopment activities on the prospective site(s) consistent with the terms of this Agreement. 7 March 4, 2024 Item 10
6 Section 2.3 Conceptual Preliminary Plan.

Within the time set forth in the Schedule, the City shall prepare a proposed conceptual development program (the "Preliminary Plan") for the selected Development Site that includes: (a) a refinement in the scope of the Affordable Development, including the proposed housing affordability ranges and the nature and duration of expected affordability controls; (b) a proposed development phasing schedule; and (c) a preliminary site plan or similar document. The preliminary site plan may show the general location of the proposed buildings, landscaping, and site improvements; the general massing of any proposed buildings; roadways, parking, and points of ingress and egress; and any other proposed improvements that may be included as part of the Affordable Development.

Section 2.4 Financing and Costs of Development.

Within the time set forth in the Schedule, the City shall provide the District with a feasibility financial analysis for the Affordable Development ("Feasibility Analysis"), including an initial development budget. The Feasibility Analysis shall be refined by the Parties during the Negotiating Period, as appropriate, and will be used to evaluate the financial feasibility of the Affordable Development to assist in the negotiation of terms of the Lease Agreement regarding the rent amount to be paid by the City for the Development Site.

Section 2.5 Lease Terms.
(a) Concurrent with City's development of the Feasibility Analysis for the Affordable Development, respectively, the District and the City shall seek to agree upon the amount the City will pay to acquire a leasehold interest in the Development Site, subject to the limitations set forth under California law, including Food & Agricultural Code Section 4051, subdivision (a)(12), and as contemplated under Section 2.5(b), below. (b) The Parties hereby agree and acknowledge that under Food & Agricultural Code Section 4051, subdivision (a)(12), the District is authorized to, with the approval of the California Department of General Services, "lease for the use of its real property, or any portion of that property, to any person or public body for whatever purpose as may be approved by the [B]oard. This purpose may include, but not be limited to, the construction and maintenance of housing affordable to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, pursuant to a lease of not more than 55 years." The Parties further agree that the Parties intend to pursue legislative authority to extend the lease term to a period greater than 55 years to ensure the financial feasibility of the Affordable Development. By the time set forth in the Schedule, the Parties shall have approved the terms to be presented to obtain the legislative authority to extend the term of the Lease.

Section 2.6 Title Adequacy Determination.

Within the time set forth in the Schedule, the City shall cause Chicago Title Company to issue to the City and the District, a preliminary title report (the "Report") for the prospective site(s) for consideration as the Development Site, or the Property, if a Report solely for the prospective site(s) is not available. If the City objects to any exception appearing on the Report or should any title 8 March 4, 2024 Item 10
7 exception arise after the date of the Report, the City may object to such exception, provided City makes such objection in writing to the District before 5 P.M. on the day which is twelve (12) months following the Effective Date. If the City objects to any exception to title, the District, within forty-five (45) calendar days of receipt of City 's objection, shall notify City in writing whether District elects to: (1) cause the exception to be removed of record; (2) obtain a commitment from the title company for an appropriate endorsement to the policy of title insurance to be issued to the City, insuring against the objectionable exception; or (3) terminate this Agreement, unless the City elects to take title subject to such exception. If any Party elects to terminate this Agreement pursuant to this Section, no Party shall thereafter have any obligations to or rights against the others hereunder. If the City fails to provide any notification to the District regarding this matter before expiration of the time period set forth in this Section 2.6, the condition set forth in this Section shall be deemed satisfied.

Section 2.7 Physical Adequacy Determination and Right of Entry. (a) The City shall have twelve (12) months after the selection of the prospective site(s) for consideration as the Development Site (the "Due Diligence Period") to determine whether a prospective Development Site is suitable for the Affordable Development, taking into account the geotechnical and soils conditions, the presence or absence of toxic or other hazardous materials, the massing of the proposed development improvements, infrastructure, the planning requirements imposed on projects of this type, and the other environmental and regulatory factors that the City deems relevant. City may submit a written request to the District to extend the Due Diligence Period by up to six (6) months, and the CEO may, in the CEO's sole and absolute discretion, grant or deny that request. If, in the City's judgment based on such investigations and analyses, any portion of the Development Site is not suitable for development, the City shall notify the District in writing before the expiration of the initial Negotiating Period of its determination (an "Unsuitability Notice"). Upon delivery of an Unsuitability Notice by the City, this Agreement shall be terminated without further action of any Party, and thereafter no Party shall have any further duties, obligations, rights, or liabilities under this Agreement. If the City does not deliver an Unsuitability Notice during the initial Negotiating Period, then the Development Site shall be deemed physically suitable for development of the Affordable Development and any executed Lease Agreement shall not provide for an additional opportunity for the City to determine the physical suitability of the Development Site or for the City to terminate the Lease Agreement as a result of purported physical unsuitability. Any Lease Agreement shall provide that the Development Site is to be conveyed to the City in its "as-is" condition as of the date City is deemed to have waived its rights to send an Unsuitability Notice under this Agreement. (b) To assist the City in making its physical adequacy determination, within the time set forth in the Schedule, the District shall provide to the City the following deliverables, to the extent applicable and available: (1) as-built water and sewer plans for the prospective site(s) or the Property; (2) as-built plans for all improvements located on the prospective site(s) or the Property; (3) environmental site assessment reports, or any soils reports or documents detailing the environmental condition of the prospective site(s) or the Property; (4) any engineering or geological reports for the prospective site(s) or the Property; (5) the transportation demand management plan for the Property, if any; and (6) public reports, plans, or studies resulting from the District's master site planning process.
9 March 4, 2024 Item 10
8 (c) During the Negotiating Period, the District grants to the City, its agents and contractors, with proper advance written notice to the District's Designated Representative, the right to enter upon any portion of the prospective site(s) owned by the District, to perform the physical adequacy determination described above. The City shall indemnify, defend (with counsel reasonably acceptable to the District) and hold harmless the State of California, District, the California Fair Services Authority, and their respective agents, directors, and employees (collectively, the "State Indemnitees") from and against all claims, damages, losses, and expenses, of every kind, nature and description (including but not limited to, attorney's fees, expert fees, and costs of suit), directly or indirectly arising from, or in any way, related to, the activities of City or its contractors, subcontractors, agents, employees, licensees, invitees or guests on or concerning the prospective site(s) during the term of this Agreement; by reason of death, injury, property damage or any claim arising from the alleged violation of any state or federal law, statute or regulation. Provided, however, that in no event shall the City be obligated to defend or indemnify the State with respect to the gross negligence or willful misconduct of the State Indemnitees (excluding the City, or any of its employees or agents.) This Section 2.7(c) shall survive termination of this Agreement. City understands and agrees that any such right to enter shall be limited to those portions of the prospective site(s) then owned or operated by the District.

Section 2.8 Schedule of Planning Approvals.

The City and District acknowledge that the Affordable Development will require discretionary approval of a Coastal Development Permit from the California Coastal Commission and entitlement actions from the City (the "Planning Approvals"). During the Due Diligence Period, the City will outline the type of Planning Approvals necessary for the Affordable Development.

Within the time set forth in the Schedule, the City shall determine the necessary entitlements for the Affordable Development and shall prepare a proposed schedule for obtaining the necessary Planning Approvals.

Section 2.9 Environmental Review.

During the Negotiating Period, the City and the District shall agree to a project description for the Affordable Development and the City shall prepare or cause to be prepared preliminary plans to facilitate the environmental review process required by CEQA and NEPA for each component of the Affordable Development, as applicable. The City acknowledges that the environmental review process under CEQA and NEPA for the proposed Development Site may involve preparation and consideration of input from interested organizations and individuals; that approval or disapproval of the Affordable Development following completion of the environmental review process is within the discretion of the City; and that the City makes no representation regarding the ability of the City to approve the Affordable Development at the conclusion of the environmental review process required by CEQA and NEPA, or regarding the imposition of any mitigation measures as conditions of any approval that may be granted. The District shall generally cooperate to complete any required environmental review. Nothing in this Agreement shall be construed to compel the City to approve or make any particular findings with respect to the environmental review documentation. The District will not be responsible for any direct and indirect costs associated with, or related to, the preparation of the required CEQA and NEPA documentation for the 10 March 4, 2024 Item 10
9 Affordable Development. The District will not be responsible for the payment of any City fees or costs associated with processing of the draft and final environmental review documents needed for the respective the Planning Approvals.

Section 2.10 Utilities.

During the Negotiating Period, the City and District shall consult with the utility companies to determine preliminarily if existing utility facilities require expansion, relocation or undergrounding in connection with the prospective Affordable Development.

Section 2.11 Subdivision.

During the Negotiating Period, the District and the City shall agree upon and cause the drafting of the metes and bounds description for the Development Site.

Section 2.12 Compliance with Relocation Requirements.

After the selection of the Development Site, the District shall provide the City with a list of the existing occupants of the Development Site to be attached to this Agreement as Exhibit C, (the "Existing Occupants") which will be incorporated as part of this Agreement by this reference. The District shall represent that other than as otherwise disclosed to the City in Exhibit C, there will not be any tenants or occupants on the Development Site. To the extent required by any federal or state relocation law (including, but not limited to, California Government Code 7260 et seq), the City, at its sole expense, shall comply with all applicable requirements of such laws, including, but not limited to, delivering any applicable notices to the Existing Occupants of the Development Site, and the preparation of any relocation plan regarding the relocation of any Existing Occupants.

Section 2.13 Reports.

The City shall provide the District with copies of all reports, studies, analyses, correspondence, and similar documents, but excluding confidential or proprietary information, prepared, or commissioned by the City with respect to this Agreement and the Affordable Development, promptly upon receipt of written request from the District. The District shall provide the City with copies of all reports, studies, analyses, and similar documents prepared or commissioned by the District with respect to the Development Site promptly upon receipt of written request from the City. Nothing in this Section obligates the District to undertake any studies or analyses.

ARTICLE 3.

GENERAL PROVISIONS
Section 3.1 Limitation on Effect of Agreement.

This Agreement shall not obligate either the District or the City to enter into a Lease Agreement for the Affordable Development or any component thereof. Execution of this Agreement by the District is an agreement to conduct a period of exclusive negotiations in accordance with the terms 11 March 4, 2024 Item 10
10 hereof, reserving for subsequent Board action the final discretion and approval regarding the execution of a Lease Agreement and all proceedings and decisions in connection therewith. Any Lease Agreement resulting from negotiations pursuant to this Agreement shall become effective only if and after such Lease Agreement has been considered and approved by the Board, following conduct of all legally required procedures, and executed by duly authorized representatives of the District and the City.

Section 3.2 Notices.

Formal notices, demands and communications between the District and the City shall be sufficiently given if, and shall not be deemed given unless, dispatched by certified mail, postage prepaid, return receipt requested, or sent by express delivery or overnight courier service, to the office of the Parties shown as follows, or such other address as the Parties may designate in writing from time to time:

District: 22nd Agricultural District Agricultural Association 2260 Jimmy Durante Blvd.

Del Mar, CA 92104
Attn: Carlene Moore, Chief Executive Officer
With a copy to:

Office of the California Attorney General
California Department of Justice
600 West Broadway Street, Suite 1800
San Diego, CA 92101-3702
Attn: Joshua Caplan, Deputy Attorney General
City: City of Del Mar
1050 Camino Del Mar
Del Mar, CA 92104
Attn: Ashley Jones, City Manager
Devaney, Pate, Morris & Cameron, LLP
402 W. Broadway, Suite 1300
San Diego, CA 92101
Attn: Leslie E. Devaney, City Attorney
With copies to:

Goldfarb & Lipman LLP
Attention: Rafael Yaquian
1300 Clay Street, 11th Floor
Oakland, CA 94612
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11 Such written notices, demands and communications shall be effective on the date shown on the delivery receipt as the date delivered or the date on which delivery was refused.

Section 3.3 Waiver of Lis Pendens.

It is expressly understood and agreed by the Parties that no lis pendens shall be filed against any portion of the Development Site with respect to this Agreement or any dispute or act arising from it.

Section 3.4 Costs and Expenses.

Each party shall be responsible for its own costs and expenses in connection with any activities and negotiations undertaken in connection with this Agreement, and the performance of each party's obligations under this Agreement.

Section 3.5 No Commissions.

The District shall not be liable for any real estate commissions or brokerage fees that may arise from this Agreement or any Lease Agreement resulting from this Agreement. The District represents that it has engaged no broker, agent, or finder in connection with this transaction, and the City shall defend and hold the District harmless from any claims by any broker, agent or finder retained by the City.

Section 3.6 Defaults and Remedies.
(a) Default. Failure by either party to negotiate in good faith as provided in this Agreement shall constitute an event of default under this Agreement. Additionally, failure of the Parties to perform their respective obligations under this Agreement shall constitute an event of default under this Agreement. Upon an event of default, the non-defaulting party shall give written notice of a default to the defaulting party, specifying the nature of the default and the required action to cure the default. If a default remains uncured thirty (30) calendar days after receipt by the defaulting party of such notice, the non-defaulting party may exercise the remedies set forth in subsection (b).
(b) Remedies. In the event of an uncured default by either party, the nondefaulting party's sole remedy shall be to terminate this Agreement. Following such termination neither party shall have any further right, remedy, or obligation under this Agreement. (c) Except as expressly provided in this Agreement, neither party shall have any liability to the other party for damages or otherwise for any default, nor shall either party have any other claims with respect to performance under this Agreement. Each party specifically waives and releases any such rights or claims it may otherwise have at law or in equity. 13 March 4, 2024 Item 10
12 Section 3.7 Attorneys' Fees.

Subject to the indemnification requirements set forth in Sections 2.7 and 3.8, in the event any action, suit, or proceeding is brought relating to the enforcement of, or the declaration on any right or obligation pursuant to the Agreement, or as a result on any alleged breach of any provision of this Agreement, each party shall bear its own costs and attorney fees, regardless of which is the prevailing party.

Section 3.8 Indemnification.

To the fullest extent permitted by law, City shall defend, indemnify, and hold harmless the State Indemnitees (as defined in Section 2.7 above) from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorney's fees, expert fees, and costs of suit), directly or indirectly arising from, or in any way related to the performance or nonperformance of this Agreement, by reason of death, injury, property damage, or any claim arising from the alleged violation of any state or federal law, statute or regulation, (including but not limited to, CEQA and NEPA). Provided, however, that in no event shall City be obligated to defend or indemnify the State Indemnitees with respect to the gross negligence or willful misconduct of the State, its employees, or agents (excluding the City, or any of its employees or agents.)
Section 3.9 Governing Law; Venue.

This Agreement shall be governed by and construed in accordance with the laws of the State of California. San Diego County shall be the proper venue and have jurisdiction for the resolution of all actions arising from this Agreement.

Section 3.10 Entire Agreement.

This Agreement constitutes the entire agreement of the Parties regarding the subject matters of this Agreement.

Section 3.11 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The part and paragraph headings used in this Agreement are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement.

Section 3.12 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement. 14 March 4, 2024 Item 10
13 Section 3.13 No Right to Assignment.

The City may not assign, subcontract, or transfer all or any part of this Agreement without the express written consent of the District, which consent may be granted or withheld in the District's sole and absolute discretion. Notwithstanding anything to the contrary contained in this Agreement, the restriction on transfer in this section shall not be used to limit the ability of the City to designate a developer to acquire the Property under the Lease Agreement if such City designee has demonstrated experience developing and operating affordable housing developments of a similar size and scope.

Section 3.14 No Third-Party Beneficiaries.

This Agreement is made and entered into solely for the benefit of the District and the City and no other person shall have any right of action under or by reason of this Agreement.

Section 3.15 City Not an Agent.

Nothing in this Agreement shall be deemed to appoint City as an agent for or representative of the District, and City is not authorized to act on behalf of the District with respect to any matters except those specifically set forth in this Agreement. The District shall not have any liability or duty to any person, firm, corporation, or governmental body for any act of omission or commission, liability, or obligation of City, whether arising from actions under this Agreement or otherwise.

Section 3.16 Severability.

In the event any section or portion of this Agreement shall be held, found, or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the Parties shall take further actions as may be reasonably necessary and available.

Section 3.17 Time is of the Essence.

Time is of the essence for each of the Parties' obligations under this Agreement. [Signature Page Follows]
15 March 4, 2024 Item 10
A-1
IN WITNESS WHEREOF, this Agreement has been executed by the Parties on the date first above written.

DISTRICT: CITY:

BY: _________________________________ BY: ________________________________ Carlene Moore, Chief Executive Officer Ashley Jones, City Manager APPROVED AS TO LEGAL FORM:

BY: _________________________
Rafael Yaquian, Goldfarb &
Lipman LLP
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A-1

EXHIBIT A

FAIRGROUNDS SITE MAP
[TO BE INSERTED]
17 March 4, 2024 Item 10
B-1

EXHIBIT B

SCHEDULE
Obligation/Duty Date of Completion
Effective Date April 15, 2024.

Commencement of Negotiating Period April 15, 2024.

City to cause Chicago Title to provide City and
District preliminary title report for Property.

No later than April 30, 2024.

District to commence master site planning process. March 1, 2024 (commenced prior to execution of
this Agreement).

District and City pursue legislative authority to extend lease for up to 99 years.

No later than December 31, 2024.

City and District consult with utility companies
related to capacity/accessibility for prospective
development sites.

No later than December 31, 2024.

District to provide City with prospective development
sites.

No later than December 31, 2024.

City shall cause Chicago Title to provide City and
District updated preliminary title report for
prospective development sites.

No later than January 15, 2025.

City prepares a proposed a conceptual development
program.

No later than July 1, 2025.

City to commence supplemental Feasibility Analysis Within thirty (30) days of the District delivery of the prospective
development sites.

City to conduct physical adequacy determination. No later than twelve (12) months from selection of the prospective sites
for consideration as the Development
Site.

City and District mutually agree upon the final
Development Site.

No later than fourteen (14) months
from selection of the prospective sites
for consideration as the Development
Site.

City and District outline the Planning Approval
timeline.

Within ninety (90) days of the
selection of the Development Site.

City commences CEQA/NEPA review process. Within ninety (90) days of the selection of the Development Site.

City and District cause metes and bounds description
of the Development Site to be drafted.

Within ninety (90) days of the
selection of the Development Site.

Completion of Negotiating Period April 15, 2026, unless extended pursuant to Section 1.2(a).
18 March 4, 2024 Item 10
C-1

EXHIBIT C

EXISTING OCCUPANTS
[To be provided after Selection of Development Site.]
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