Agenda, regular meeting, first session — Del Mar City Council, March 3, 2025

Table of Contents
3-3-2025 Regular Meeting Agenda.pdf
Item 2 - Minutes.pdf
Item 3 - List of Demands.pdf
Item 5 - Housing APR.pdf
Item 6 - UUD 1A Undergrounding Service.pdf
Item 7 - EP24-109 Initial Consideration.pdf
Item 8 - Undergrounding Financing.pdf
Item 9 - Housing ENRA Update.pdf
Item XII. - B,E,I, XIII. - N Council Liaison Report - Martinez.pdf Item XIII. - K Council Liaison Report - Spelich.pdf
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29 47
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Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.

Regular Meeting
Monday, March 3, 2025 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.

Terry Gaasterland
Mayor
Tracy Martinez
Deputy Mayor
Dan Quirk
Council Member
John W. Spelich
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 3, 2025
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.

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

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

1. Proclamation Honoring Peter Kiefer’s Retirement and 35 Years of City Service
Recommended Action: Mayor Terry Gaasterland will present a proclamation to Maintenance and Construction Superintendent Peter Kiefer.

Reference: Clerk’s File No. 1201-5
VIII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk.

Del Mar City Council Regular Meeting March 3, 2025
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

2. Approval of Minutes: February 14, 2025, Special Meeting, February 18, 2025 Regular and Special Meeting
Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

3. Ratification of List of Demands dated March 3, 2025
Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3

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

Reference: Clerk’s File No. 401-4

5. Authorization to Submit 2024 Housing Element Annual Progress Report Recommended Action: Staff recommends the City Council authorize submittal of the City of Del Mar’s (City) 2024 Housing Element Annual Progress Report (APR) (Attachment A) to the State Department of Housing and Community Development (HCD) and Governor’s Office of Land Use and Climate Innovation (LCI).

Reference: Clerk’s File No. 303-1
IX. PUBLIC HEARING

6. Resolution Establishing Date for Utility Undergrounding District 1A (Stratford Court South) Properties to be Ready to Receive Underground Utility Service
Recommended Action: Staff recommends that the City Council conduct a public hearing to adopt a Resolution (Attachment A) establishing the date by which Underground Utility District 1A (Stratford Court South) properties must be ready to receive underground service in accordance with Del Mar Municipal Code (DMMC) Section 23.54.030.

Reference: Clerk’s File No. 1001-2
X. COUNCIL MEETING RECESS
Del Mar City Council Regular Meeting March 3, 2025
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XI. CITY COUNCIL OTHER BUSINESS

7. Initial Consideration of an Appeal of Encroachment Permit (EP) 24-109 EP Appellant: Felix Wohlleben
Appellant’s Address: 328 8th St. (APN: 300-222-26-00)
EP Applicant: Stephen Wolff
Applicant’s Address: 327 9th St. (APN: 300-222-04-02)
Recommended Action: Staff recommends that the City Council uphold the approval of Encroachment Permit EP24-109 (Attachment A) and not set the appeal for a de novo hearing.

Reference: Clerk’s File No. 802-1, 1306-4

8. Undergrounding Program Financing Update
Recommended Action: Staff recommends the City Council: 1) Receive a presentation from City staff regarding IBank financing and updated cash flow information; 2) Provide direction to staff on whether the City should proceed with submitting a loan pre-application to IBank and the preferred term of the loan (10 or 15 years); and 3) Provide direction to staff on whether to include funds for Utility Undergrounding District 1B – Stratford Court North in the total loan amount.

Reference: Clerk’s File No. 203-3, 1001-2

9. Update Regarding Recent Actions Taken by the Fairgrounds Board Related to Fairgrounds Housing and Reaffirmation of the Del Mar Guiding Principles for the LOSSAN Rail Realignment Project
Recommended Action: The Mayor and Deputy Mayor recommend that the City Council: 1) Reaffirm the City Council Guiding Principles related to the LOSSAN Rail Realignment Project (Attachment A); and 2) Provide feedback and authorize the submittal of a letter to the 22nd DAA in response to Board action to temporarily pause work under the Exclusive Negotiating Rights Agreement (Attachment B).

Reference: Clerk’s File No. 303-1, 1005-2, 1506-1
XII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.

A. Clean Energy Alliance JPA (CEA) Board of Directors (Spelich/Gaasterland) B. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) Receive Written Report (Martinez)
Del Mar City Council Regular Meeting March 3, 2025
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us C. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Martinez/Spelich) D. League of California Cities – San Diego Chapter (Gaasterland/Martinez) E. North County Transit District (NCTD) (Martinez/Spelich) Receive Written Report (Martinez)
F. Regional Solid Waste Association (Spelich/Quirk)
G. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Spelich)
H. SANDAG Borders Committee
I. SANDAG Regional Planning Committee
Receive Written Report (Martinez)
J. SANDAG Shoreline Preservation Working Group
(Spelich/Gaasterland/Martinez)
K. SANDAG LOSSAN Executive Task Force (Gaasterland/Martinez) L. San Diego Metropolitan Wastewater Commission/JPA (Worden) M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Gaasterland/Martinez)
N. 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 (Gaasterland/Spelich)
B. Del Mar Community Connections (Martinez/Spelich)
C. Del Mar Village Association (Gaasterland/Martinez)
D. Finance Committee (Gaasterland/Spelich)
E. Housing Subcommittee (Gaasterland/Martinez)
F. Human Resources Subcommittee (Gaasterland/Martinez)
G. Legislative Subcommittee (Gaasterland/Martinez)
H. Measure Q Citizen Oversight Committee (Quirk/Gaasterland) I. Parks and Recreation Committee (Martinez/Quirk)
J. Del Mar Railroad Subcommittee (Gaasterland/Martinez) K. Lagoon Committee (Gaasterland/Spelich)
Receive Written Report (Spelich)
L. Planning Process Subcommittee (Includes Sea-Level Rise Adaptation Plan Implementation (Gaasterland/Spelich)
M. Shores Advisory Committee
N. Sustainability Advisory Committee (Martinez/Gaasterland) Receive Written Report (Martinez)
O. Traffic and Parking Advisory Committee (Quirk/Spelich) P. Undergrounding Program Advisory Committee (Gaasterland/Spelich) Q. Other Committee-Subcommittee Reports
Del Mar City Council Regular Meeting March 3, 2025
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us 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.

March 17, 2025
Del Mar Annual Public Safety Presentation – Data Statistics/Performance (Sheriff/Fire) Task Order - Programmatic EIR (Tentative)
Furniture Donation Policy (Tentative)
XV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 27th day of February, 2025 at approximately 4:25 p.m.
___________________________________________ 2/27/2025
Sarah Krietor, Administrative Services Manager/ Date
City Clerk

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
FEBRUARY 14, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California

CALL TO ORDER
Mayor Gaasterland called the meeting to order at 2:35 P.M.

ROLL CALL

Present: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk (left the meeting at approximately 3:45 P.M.) and John Spelich

CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: Three
Description: 1) Inquiry from District Attorney Public Integrity Division; 2) San Diego Association of Governments (SANDAG) Value Analysis report; and 3) 6th Cycle Housing Element compliance
Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None.

B) Conference with Legal Counsel- Existing Litigation
Lazier v. City of Del Mar
San Diego Superior Court Case No. 37-2024-00009804-CU-WM-CTL Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None.

ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 5:00 P.M.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
1 March 3, 2025 Item 02

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
FEBRUARY 18, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.

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

ROLL CALL

Present: Mayor Terry Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich.

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no legally reportable actions for the February 14, 2025, City Council Closed Session meeting.

City Attorney Devaney also reported that while there were no legally reportable actions for the February 18, 2025, City Council Closed Session meeting, the City Council authorized the City Attorney to report that on February 6, 2025, the City Attorney was contacted via phone by a Deputy District Attorney from the Public Integrity Unit, which investigates and prosecutes criminal misconduct by public officials. The Distict Attorney’s Office prosecutes crimes but not civil matters. The Deputy District Attorney informed the City Attorney that a complaint had been filed related to the vacancy created by Councilmember Worden’s resignation in 2024. The Deputy District Attorney confirmed that the Council’s handling of the vacancy is not a criminal matter and did not share the complaint’s identity or the actual complaint. The Deputy District Attorney called strictly on background and would not verify if there was going to be an investigation.

PLEDGE OF ALLEGIANCE
Mayor Gaasterland led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
Mayor Gaasterland opened public oral communications and Jas Grewal, with a donation of time from Suren Dutia, provided a public comment related to affordable housing and by-right development. Mayor Gaasterland closed public oral communications.

CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
None
CITY MANAGER’S REPORT
None
2 March 3, 2025 Item 02
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February 18, 2025

Page 2 of 5 ends

PRESENTATIONS
ITEM 1: CITY OF DEL MAR WILDFIRE PREPAREDNESS AND RESPONSE UPDATE (CLERK’S FILE NO. 1101-8)
City Manager Ashley Jones introduced the item and the presenters. A presentation on wildfire preparedness and response was provided by Fire Chief Josh Gordon, San Diego Sheriff Captain Shane Watts and Sheriff Lieutenant Mike Davis.

Mayor Gaasterland opened the item to public comment and the following people spoke:
1) Steve Mitgang
2) Jim Benedict
3) Angelina Neglia
4) Mark Rittenbaum
5) Jeanne Waite
Mayor Gaasterland closed the item to public comment.

There were no Council questions or discussion on this item.

ITEM 2: PRESENTATION REGARDING SAN DIEGO LOSSAN RAIL REALIGNMENT VALUE

ANALYSIS PROCESS AND SAN DIEGUITO DOUBLE TRACK AND SPECIAL EVENTS PLATFORM PROJECT (CLERK’S FILE NO. 1506-1)
The San Diego Association of Governments (SANDAG) CEO Mario Orso introduced the presenters and provided some background and high level overview information on the LOSSAN Rail Realignment project.

A presentation was provided by the following SANDAG staff and consultants: Director of Mega Projects, Border, and Goods Movement Maria Rodriquez Molina; Regional Planning Program Manager Danny Veeh; Deputy Director for Environmental Compliance and Climate Keith Greer; Senior Engineer Angela Anderson; and President/CEO of Value Management Strategies (VMS) Rob Stewart.

Following the presentation, Mayor Gaasterland stated that the Council would not be asking any questions or providing feedback to SANDAG as this is not the appropriate time for the City to select or influence any particular route because to do so before the Draft Environmental Impact Report is released could unduly prejudice the City’s role as a responsible agency under CEQA, and may compromise the City’s ability to bring challenges in the future to protect the City's interest.

Mayor Gaasterland opened the item to public comment and the following people provided a public comment:
1) Angelina Neglia (with a donation of time from Dave Carey) 2) John Stahl
3) Lori Robin
4) JP McDermott
5) Shirli Weiss (with donations of time from Jenny Anderson and Karin Carey) 6) Amy Cheshire (with donations of time from Karl Willert and Lucy Eskeland) 7) Tom Grindle (with donations of time from Reid Westburg and Charles Koll) 8) Carol Kerridge
9) Mark Rittenbaum (with a donation of time from Jackie Workman) 10) Charles Rilli
11) Peter Lasenski
3 March 3, 2025 Item 02
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February 18, 2025

Page 3 of 5 ends

Mayor Gaasterland closed the item to public comment and expressed appreciation to the presenters for their time and comments.

CONSENT CALENDAR
Senior Management Analyst Kseniia Izgarskaia read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.

IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 3 THROUGH 9. (VOTE 4-0) Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John W.

Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

ITEM 3: APPROVAL OF MINUTES: APPROVAL OF MINUTES: JANUARY 30, 2025 SPECIAL MEETING, FEBRUARY 3, 2025 REGULAR AND SPECIAL MEETING (CLERK’S

MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 4: RATIFICATION OF LIST OF DEMANDS, DATED FEBRUARY 18, 2025 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

ITEM 5: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.

ITEM 6: APPOINTMENTS TO THE UNDERGROUNDING PROGRAM ADVISORY COMMITTEE (CLERK’S FILE NO. 401-5)
Council reappointed Amy Cheshire and Wade Walker to the Undergrounding Program Advisory Committee (UPAC) as voting members to serve full three-year terms starting March 2, 2025, and ending on March 31, 2028, on consent.

ITEM 7: LAGOON COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council appointed Nitza Leichtling to the Lagoon Committee as a voting member to serve a full three-year term starting March 1, 2025, and ending on March 31, 2028, on consent.

ITEM 8: PARKS AND RECREATION COMMITTEE APPOINTMENTS (CLERK’S FILE NO. 401- 5)
Council reappointed Arlene Prater as a voting member to the Committee to serve a second full three-year term starting April 1, 2025, and ending on April 30, 2028; and appointed Susan Maronde to serve a first term as a voting member to the Committee for a full threeyear term starting March 3, 2025, and ending on March 31, 2028, on consent.

ITEM 9: TRAFFIC AND PARKING ADVISORY COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5)
4 March 3, 2025 Item 02
City Council Regular Minutes
February 18, 2025

Page 4 of 5 ends

Council reappointed Zach Groban as the at-large, business representative voting member on the Traffic and Parking Advisory Committee to serve a full three-year term starting February 18, 2025, and ending on February 29, 2028, on consent.

CITY COUNCIL OTHER BUSINESS
ITEM 10: APPOINTMENT TO THE AIR POLLUTION CONTROL DISTRICT GOVERNING BOARD - DISTRICT 3 (CLERK’S FILE NO. 1403-1)
Mayor Gaasterland opened the item and provided an explanation on why she voted to appoint Coronado Mayor John Duncan to the Air Pollution Control District (APCD) Governing Board – District 3. A presentation was provided by Deputy Mayor Martinez and Councilmember Spelich, who brought this agenda item forward, which emphasized the importance of this appointment and need for the Council to discuss and provide direction to the Mayor as to how the City should cast its vote for this appointment.

Mayor Gaasterland opened the item to public comment and the following people spoke in favor of the City voting to appoint Teresa Acosta:
1) Vanessa Forsythe
2) Sally Prendergast
3) Harold Standerfer
4) Susan Sherod
5) Ann Feeney
6) Serena Pelka
7) Anthony Dang
8) Charles Rilli
9) Michael King
10) Nicholas Paul
11) Lynda Daniels
12) Mark Rittenbaum
13) Tom Grindle
14) Suren Dutia
Mayor Gaasterland closed the item to public comment.

Mayor Gaasterland provided additional information as to why she believed her vote for the City of Coronado Mayor John Duncan was due to his position on the Tijuana River sewage environmental crisis, as well as his role on various regional organizations working on environmental issues in the area. Mayor Gaasterland emphasized the importance of solving the environmental crisis caused by the Tijuana River sewage pollution and stated her continued support for Mayor Duncan as a candidate for the APCD Governing Board – District 3.

Council discussion focused on the relevant experience and merits of nominees John Duncan and Teresa Acosta as candidates for the APCD Board, importance of defending the interests of the City of Del Mar and the need for voting for APCD candidates based on the candidates’ subject matter expertise and relevant experience, and with Mayor Gaasterland, Deputy Mayor Martinez, and Councilmember Spelich each providing an explanation as to who they thought was the best person for appointment.

IT WAS MOVED BY COUNCILMEMBER SPELICH, SECONDED BY DEPUTY MAYOR MARTINEZ TO DIRECT THE CITY’S REPRESENTATIVE TO VOTE TO APPOINT TERESA ACOSTA TO THE AIR POLLUTION CONTROL DISTRICT GOVERNING BOARD - DISTRICT 3 (MOTION FAILED WITH VOTE 2-2).
5 March 3, 2025 Item 02
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February 18, 2025

Page 5 of 5 ends

Ayes: Deputy Mayor Tracy Martinez; Councilmember John W. Spelich; Noes: Mayor Gaasterland; Councilmember Dan Quirk; Recuse: 0; Absent: 0; Abstain: 0.

City Attorney Devaney provided legal guidance that because the motion failed, the Council did not reach a consensus and has no formal position on who to vote for, therefore, cannot provide direction on how to vote on behalf of the City. City Attorney Devaney and City Manager Jones clarified that in the absence of clear direction from Council on how to vote on behalf of the City, an abstention would be required from Mayor Gaasterland at the next round of APCD voting. City Attorney Devaney was requested to provide a written legal opinion on abstention.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
There were no reports provided.

UPCOMING AGENDA ITEMS
The Council reviewed the agenda items identified on the agenda for the upcoming March 3, 2025, Council meeting. City Manager Jones stated that an additional item would be added to the Council meeting agenda specific to the recent Fairgrounds Board action regarding fairgrounds housing and the guiding principles related to the LOSSAN rail realignment. She also explained that a special open session City Council meeting would be scheduled for the coming week related to Council consideration of a City comment letter to be submitted to SANDAG pertaining to a LOSSAN Rail Realignment agenda item to be considered by the SANDAG Board on February 28, 2025.

City Manager Jones provided clarification regarding the timing for an upcoming Council item related to the Undergrounding Program financing and stated that an update from staff would be forthcoming regarding next steps for IBank financing and the requested cash flow analysis. It was also clarified by City Manager Jones that staff and consultants are only working on the financing option that the Council had directed staff to work on, which is financing through I-Bank. Staff is not looking into evaluating other financing options further because the Council did not direct staff to do so.

Mayor Gaasterland requested to work with the City Manager to consider whether to include an informational item related to the unpermitted North Beach garden on a future City Council agenda.

Councilmember Quirk indicated that if the Mayor and City Manager agreed that it was appropriate to bring something forward at a future meeting, he would be supportive.

ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 8:21 p.m.

Kseniia Izgarskaia, Senior Management Analyst
6 March 3, 2025 Item 02

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
FEBRUARY 18, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California

CALL TO ORDER
Mayor Gaasterland called the meeting to order at 4:10 P.M.

ROLL CALL

Present: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk (arrived late at 4:15 P.M.) and John W. Spelich.

CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Inquiry from District Attorney Public Integrity Division Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None.

ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 4:25 P.M.
_______________________________________
Kseniia Izgarskaia/ Senior Management Analyst
7 March 3, 2025 Item 02

Vendor Payment Checks $ 364,932.36
Voids -
Electronic Fund Transfers (EFT) 456,293.01
Electronic Wires 109,466.21
Total $ 930,691.58
Approved by: Approved by:

Marco Camacho Terry Gaasterland
Finance Manager/Treasurer Mayor
Date: Date:
2/24/2025
Attachments: Check Registers

LIST OF DEMANDS

CITY OF DEL MAR
for
City Council Meeting
March 3, 2025
1 March 3, 2025 Item 03
02/13/2025
Check List
City of Del Mar
1 12:09:32PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6601 2/14/2025 ace02 ACE UNIFORMS LLC SD0210869 2/6/2025 UNIFORMS ASD 30.17 30.17 Voucher: 6601
6602 2/14/2025 als02 ALS GROUP USA CORP 522500396 1/30/2025 WATER SAMPLING JAN 496.00 496.00 Voucher: 6602
6603 2/14/2025 dix01 DIXIELINE LUMBER CO 06-0585458 1/28/2025 OPERATING SUPP PW 28.36 Voucher: 6603 06-0585883 1/31/2025 OPERATING SUPP PW 11.71 06-0585324 1/28/2025 OPERATING SUPP PW 7.13
06-0585484 1/29/2025 OPERATING SUPP PW 76.59 123.79
6604 2/14/2025 fer07 FERGUSON ENTERPRISES LLC, DBA FERGUSON WATERWORKS 0871001 12/19/2024 WATER METER PARTS 1,423.46 Voucher: 6604 0873624 1/30/2025 WATER METER PARTS 1,153.84 0873606 1/30/2025 WATER METER PARTS 874.62 3,451.92
6605 2/14/2025 joh30 JOHNSON CONTROLS FIRE, PROTECTION LP 24553106 2/3/2025 ALARM LIBRARY MAR/MAY 258.17 258.17 Voucher: 6605
6606 2/14/2025 kle01 KLEINFELDER 1517416 1/24/2025 CDM BRIDGE DEC 56,423.77 Voucher: 6606 1516572 1/20/2025 CDM BRIDGE NOV 47,826.99 104,250.76 6607 2/14/2025 par51 PARKWOOD LANDSCAPE MAINT INC 108265 10/23/2024 LANDSCAPING SRVCS 6,000.00 6,000.00 Voucher: 6607
6608 2/14/2025 pru01 PRUDENTIAL OVERALL SUPPLY132297649 1/31/2025 UNIFORMS PW - 1/31 96.24 96.24 Voucher: 6608
6609 2/14/2025 the48 SAN DIEGO NEWSPAPER HOLDINGS, THE SAN DIEGO UNION TRIBU 0011688038 8/31/2004 AD - STR 824.62 824.62 Voucher: 6609
6610 2/14/2025 bny01 THE BANK OF NY MELLON TRUST CO 034897 2/7/2025 OCEAN VIEW BOND PYMT 1,225.00 1,225.00 Voucher: 6610
Sub total for EFT GENERAL ACCOUNT US BANK: 116,756.67
Page: 1
2 March 3, 2025 Item 03
02/13/2025
Check List
City of Del Mar
2 12:09:32PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139298 2/14/2025 air01 AIRGAS USA LLC 9157613909 1/23/2025 OXYGEN TANK SUPP PW 157.21 157.21 Voucher: 139298
139299 2/14/2025 azt02 AZTEC LANDSCAPING INC, DBA AZTEC JANITORIAL J1996 1/31/2025 JANITORIAL SRVCS CH 2,564.00 Voucher: 139299 J1997 1/31/2025 JANITORIAL SRVCS PW 501.00 3,065.00 139300 2/14/2025 cit07 CITY OF SAN DIEGO 1000407155 1/9/2025 PIPELINE CAPACITIES CY24 18,390.00 Voucher: 139300 1000409075 1/31/2025 METRO SEWER Q3 6,630.00 25,020.00 139301 2/14/2025 cli04 CLIFTONLARSONALLEN LLP L251066608 2/11/2025 FY24 AUDIT SRVCS 7,720.00 7,720.00 Voucher: 139301
139302 2/14/2025 del06 DEL MAR AUTOMOTIVE SERVICE 49161 1/14/2025 VEHICLE MAINT PW #79 629.09 Voucher: 139302 49215 1/21/2025 VEHICLE MAINT PW #76 107.71 49200 1/20/2025 VEHICLE MAINT PW #72 87.88
49208 1/20/2025 VEHICLE MAINT PW #82 85.92 910.60
139303 2/14/2025 eco06 ECOLAB USA INC 6350402552 1/21/2025 MAINT/REPAIR SUPP PW 262.86 262.86 Voucher: 139303
139304 2/14/2025 flo07 FLOORING RESOURCES, INC13043 2/5/2025 MAINT/REPAIR SUPP PW 452.18 452.18 Voucher: 139304
139305 2/14/2025 int09 GREGORY CONLEY, DBA INTELLIDESIGN LLC 459 2/1/2025 SCADA SYS MAINT AUG/DEC 3,722.26 3,722.26 Voucher: 139305
139306 2/14/2025 dar05 JEFFREY SCOTT ARVESON, DBA DAR SERVICES 02012025 2/1/2025 DEAD ANIMAL RMVL JAN 159.00 159.00 Voucher: 139306
139307 2/14/2025 nap01 NAPA AUTO PARTS 954490 1/28/2025 VEHICLE MAINT SUPP PW 59.90 59.90 Voucher: 139307
139308 2/14/2025 nat16 NATIONAL SAFETY COMPLIANCE INC 100322 1/31/2025 ANNUAL ADMIN FEE 150.00 150.00 Voucher: 139308
139309 2/14/2025 nor21 NORTH COUNTY CONCRETE, CUTTING, INC. 2999 1/24/2025 ASPHALT SUPP PW 410.00 410.00 Voucher: 139309
139310 2/14/2025 pac05 PACIFIC PIPELINE SUPPLY S100471297.001 12/18/2024 WATER METER PARTS 301.83 Voucher: 139310 S100472476.001 1/29/2025 WATER METER PARTS 190.89 492.72 139311 2/14/2025 par35 PARADIGM MECHANICAL CORP7031 1/31/2025 HVAC SRVCS CH 2,564.20 2,564.20 Voucher: 139311
139312 2/14/2025 san138 SAN DIEGO ELEVATOR & LIFTS9304 1/31/2025 ELEVATOR MAINT JAN 200.00 200.00 Voucher: 139312
139313 2/14/2025 sta09 SWRCB, ATTN: AFRS LW-1049865 12/20/2024 WATER SYSTEM FEES FY25 17,072.78 17,072.78 Voucher: 139313
Page: 2
3 March 3, 2025 Item 03
02/13/2025
Check List
City of Del Mar
3 12:09:32PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139314 2/14/2025 t-mo01 T-MOBILE USA INC 980755647 1/21/2025 TELEPHONE JAN 11.90 11.90 Voucher: 139314
139315 2/14/2025 uli02 ULINE 188559656 1/30/2025 CHAIRS PW 808.25 808.25 Voucher: 139315
139316 2/14/2025 und01 UNDERGROUND SERVICE ALERT 920240225 10/1/2024 CONT SRVCS SEP 220.90 Voucher: 139316 120250232 2/1/2025 CONT SRVCS JAN 165.40 386.30 139317 2/14/2025 usb03 US BANK CORP PYMT SYSTEMS 4246 0445 5565 020312/23/2024 CC NAME PLATES 27,828.82 27,828.82 Voucher: 139317
139318 2/14/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 82985219 1/20/2025 JANITORIAL SUPP PW 23.10 23.10 Voucher: 139318
139319 2/14/2025 wes29 WEST COAST ARBORISTS INC224482 1/15/2025 TREE MAINT 1/1 - 1/15 4,000.00 4,000.00 Voucher: 139319
139320 2/14/2025 gan04 WILLIAM GANDER DM-RT20250201 2/1/2025 SOLAR MONITORING FEB 200.00 200.00 Voucher: 139320
139321 2/14/2025 zon02 ZONE TRAFFIC ENGINEERING, CONSULTING INV 24001-01 1/31/2025 TRAFFIC ENGR SRVCS PW 5,134.00 5,134.00 Voucher: 139321
Sub total for GENERAL ACCOUNT US BANK: 100,811.08
Page: 3
4 March 3, 2025 Item 03
02/13/2025
Check List
City of Del Mar
4 12:09:32PM
apChkLst Final Page:
34 checks in this report. Grand Total All Checks: 217,567.75 Page: 4
5 March 3, 2025 Item 03
02/19/2025
Check List
City of Del Mar
1 4:32:36PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 4087 2/21/2025 irs01 IRS, UNITED STATES TREASURY Ben178991 2/21/2025 FEDERAL TAX: PAYMENT 40,015.21 40,015.21 Voucher: 4087
4088 2/21/2025 per01 PERS Ben178993 2/21/2025 PERS CONTRIBUTIONS: PAYMENT 55,529.29 55,529.29 Voucher: 4088
4089 2/21/2025 edd01 EMPLOYMENT DEVELOPMENT DEPT Ben178995 2/21/2025 STATE TAX: PAYMENT 11,422.24 11,422.24 Voucher: 4089
4090 2/21/2025 per02 PERS 457 Ben178997 2/21/2025 CALPERS 457 DEFERRED COMP: PAYMENT 2,280.13 2,280.13 Voucher: 4090
4091 2/21/2025 ida01 IDAHO STATE TAX COMMISSIONBen178999 2/21/2025 IDAHO STATE TAX COMMISSION: PAYMENT 219.34 219.34 Voucher: 4091
Sub total for GENERAL ACCOUNT US BANK: 109,466.21
Page: 1
6 March 3, 2025 Item 03
02/19/2025
Check List
City of Del Mar
2 4:32:36PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6611 2/21/2025 mis07 107413 STATE ST BANK & TRUST, MS 107413 PLAN 401A Ben178987 2/21/2025 401A PLAN: PAYMENT 539.00 539.00 Voucher: 6611
6612 2/21/2025 mis08 303845 STATE ST BANK & TRUST, MS 457 PLAN OBI 303845 Ben178979 2/21/2025 MISSION SQUARE 457B: PAYMENT 9,725.85 9,725.85 Voucher: 6612
6613 2/21/2025 mis09 803808 STATE ST BANK & TRUST, MS RHS PLAN OBI 803808 Ben178989 2/21/2025 RETIREMENT HEALTH SAVINGS 3%: PAYMENT 719.97 719.97 Voucher: 6613
6614 2/21/2025 uni21 DEL MAR CITY EMPLOYEES ASSOC. Ben178981 2/21/2025 DMCEA DUES: PAYMENT 299.00 299.00 Voucher: 6614
6615 2/21/2025 nat15 NATIONAL BENEFIT SERVICES, LLC, FLEXIBLE BENEFITS DEPT Ben178985 2/21/2025 SEC. 125 FLEXIBLE SAVINGS ACCT: PAYMENT 1,339.10 1,339.10 Voucher: 6615
6616 2/21/2025 par21 U.S. BANK PARS FFC 6746022400, CITYDELMAR ATTN B BERGMAN Ben178983 2/21/2025 PUBLIC AGENCY RETIREMENT SRVCS: PAYMENT 1,279.86 1,279.86 Voucher: 6616
Sub total for EFT GENERAL ACCOUNT US BANK: 13,902.78
Page: 2
7 March 3, 2025 Item 03
02/19/2025
Check List
City of Del Mar
3 4:32:36PM
apChkLst Final Page:
11 checks in this report. Grand Total All Checks: 123,368.99 Page: 3
8 March 3, 2025 Item 03
02/20/2025
Check List
City of Del Mar
1 12:04:31PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6617 2/21/2025 cal81 CALLTOWER INC 202361495 1/28/2025 TELEPHONE FEB 2,256.74 2,256.74 Voucher: 6617
6618 2/21/2025 cha36 CHARGEPOINT INC IN317449 1/24/2025 EV CHARGING STN REPAIRS 2,898.38 2,898.38 Voucher: 6618
6619 2/21/2025 cor11 CORODATA MEDIA STORAGE INC DS1310894 1/31/2025 STORAGE SRVCS JAN 233.33 233.33 Voucher: 6619
6620 2/21/2025 dai03 DAILY DIRECT MAIL 14701-1 1/10/2025 UTILITY BILLS JAN 240.00 Voucher: 6620 14614-19 12/10/2024 UTILITY BILLS DEC 240.00 14614-18 11/20/2024 UTILITY BILLS NOV 240.00 720.00
6621 2/21/2025 dev02 DEVANEY PATE MORRIS & CAMERON 10068 2/7/2025 LEGAL FEES JAN 3,635.60 Voucher: 6621 9748 10/10/2024 LEGAL FEES SEP 1,171.20
9814 11/13/2024 LEGAL FEES OCT 951.60
10118 2/7/2025 LEGAL FEES JAN 520.50
10008 1/8/2025 LEGAL FEES DEC 341.60
10066 2/7/2025 LEGAL FEES JAN 317.20
10156 2/7/2025 LEGAL FEES JAN 208.00
10067 2/7/2025 LEGAL FEES JAN 170.80
10116 2/7/2025 LEGAL FEES JAN 130.00
10119 2/7/2025 LEGAL FEES JAN 130.00
10117 2/7/2025 LEGAL FEES JAN 24.50 7,601.00
6622 2/21/2025 dix01 DIXIELINE LUMBER CO 06-0586692 2/7/2025 OPERATING SUPP CS 204.17 Voucher: 6622 06-0587530 2/14/2025 OPERATING SUPP FIRE 23.90 06-0586421 2/6/2025 OPERATING SUPP PW 9.77
06-0587344 2/12/2025 OPERATING SUPP FIRE 9.77 247.61
6623 2/21/2025 duk01 DUDEK & ASSOCIATES 202500302 2/11/2025 HOSKA/STRM DRN IMPVTS 24,620.00 24,620.00 Voucher: 6623
6624 2/21/2025 fer07 FERGUSON ENTERPRISES LLC, DBA FERGUSON WATERWORKS 0872411 2/5/2025 WATER METER PARTS 3,806.25 3,806.25 Voucher: 6624
6625 2/21/2025 ful01 KURT MORGAN 43399 2/14/2025 UTILITY ENVELOPES FEB 1,145.01 Voucher: 6625 43395 2/13/2025 BUSINESS CARDS 236.00 1,381.01 6626 2/21/2025 opt03 OPTIMIZED INVESTMENT PARTNERS, LLC 1330 2/19/2025 INVESTMENT ADV SERVICES JAN 2,754.62 2,754.62 Voucher: 6626
6627 2/21/2025 pac28 PACIFIC MOBILE STRUCTURES INC INV-00431543 3/1/2025 MOBILE OFFICE PW MAR 246.75 246.75 Voucher: 6627
Page: 1
9 March 3, 2025 Item 03
02/20/2025
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City of Del Mar
2 12:04:31PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6628 2/21/2025 pru01 PRUDENTIAL OVERALL SUPPLY132298815 2/7/2025 UNIFORMS PW - 2/7 96.24 Voucher: 6628 132298813 2/7/2025 MATS PW - 2/7 15.47
132298814 2/7/2025 SHOP TOWELS PW - 2/7 4.93 116.64
6629 2/21/2025 red04 REDFLEX TRAFFIC SYSTEMS INC INV0093101 1/31/2025 RED LIGHT CAMERA JAN 5,283.00 5,283.00 Voucher: 6629
6630 2/21/2025 san12 SAN DIEGO COUNTY SHERIFF01302025 1/30/2025 LAW ENF DEC 227,318.17 227,318.17 Voucher: 6630
6631 2/21/2025 tow05 TOWNSEND PUBLIC AFFAIRS INC 22894 2/1/2025 LEGISLATIVE SRVCS FEB 4,000.00 4,000.00 Voucher: 6631
6632 2/21/2025 uti01 UTILITY SPECIALISTS INC 28604 1/31/2025 UP - 1A STRATFORD S DEC 31,050.00 Voucher: 6632 28603 1/31/2025 UP - 1B STRATFORD N DEC 3,738.00 28602 1/31/2025 UP - X1A CREST CANYON DEC 3,302.50
28605 1/31/2025 UP - 1A STRATFORD DEC 145.60 38,236.10
6633 2/21/2025 wex01 WEX BANK 0496-00-496530-7 2/6/2025 GAS & OIL PW JAN 3,913.96 3,913.96 Voucher: 6633
Sub total for EFT GENERAL ACCOUNT US BANK: 325,633.56
Page: 2
10 March 3, 2025 Item 03
02/20/2025
Check List
City of Del Mar
3 12:04:31PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139322 2/21/2025 sbc03 AT&T 9391059863 2/1/2025 TELEPHONE JAN 927.27 927.27 Voucher: 139322
139323 2/21/2025 ber21 BERT W. SALAS, INC 02112025 2/11/2025 HOSKA/STORM DRN IMP PROJ 182,178.18 182,178.18 Voucher: 139323
139324 2/21/2025 can08 CANTEEN SAN110653 2/10/2025 COFFEE SUPPLIES PW 465.83 465.83 Voucher: 139324
139325 2/21/2025 car30 CARSTENS, BLACK & MINTEER LLP 34781 2/6/2025 SANDAG LOSSAN SRVCS JAN 1,693.50 1,693.50 Voucher: 139325
139326 2/21/2025 cin02 CINTAS 5253687906 2/11/2025 FIRST AID KIT SUPPLIES PW 215.54 Voucher: 139326 5253687908 2/11/2025 FIRST AID KIT SUPPLIES CH 38.50 254.04 139327 2/21/2025 cit07 CITY OF SAN DIEGO 1000409897 2/6/2025 WATER TREATMENT DEC 28,471.61 28,471.61 Voucher: 139327
139328 2/21/2025 coa10 COASTAL LIVESCAN SERVICES43411 1/31/2025 LIVESCAN SRVCS JAN 124.00 124.00 Voucher: 139328
139329 2/21/2025 cou20 COUNTY OF SAN DIEGO 4224 1/13/2025 PET STORE PROHIBITION 4,700.00 4,700.00 Voucher: 139329
139330 2/21/2025 cou16 COUNTY OF SAN DIEGO - REGIONAL, COMM SYSTEM 25CTOFDMM07 2/1/2025 RADIO MAINT LFGRD 657.37 Voucher: 139330 25CTOFDMC07 2/1/2025 RCS PAGING SRVCS - JAN 70.00 727.37 139331 2/21/2025 del06 DEL MAR AUTOMOTIVE SERVICE 49383 2/11/2025 VEHICLE MAINT CS #390 111.30 Voucher: 139331 49412 2/17/2025 SQUAD MAINT CS 92.25 203.55 139332 2/21/2025 dyn02 DYNAMITE ELECTRIC BIKES INC, DBA PEDEGO SOLANA BEACH 02142025 2/14/2025 ELECTRIC BIKE CS 2,432.96 Voucher: 139332 02102025 2/10/2025 ELECTRIC BIKE REPAIR 268.16 2,701.12 139333 2/21/2025 fas03 FASTENAL COMPANY CASAD80580 2/10/2025 FACILITY MAINT SUPP PW 390.95 390.95 Voucher: 139333
139334 2/21/2025 fis12 FISHER INTEGRATED INC 2199 2/3/2025 VIDEO STREAMING JAN 850.00 850.00 Voucher: 139334
139335 2/21/2025 ats01 GARDA CL WEST LOCKBOX #233209 10806053 2/1/2025 ARMORED SRVCS FEB 727.67 727.67 Voucher: 139335
139336 2/21/2025 geb01 GEBASE AUTOMOTIVE, MIRAMAR TRANSMISSION 30351 2/3/2025 VEHICLE MAINT PW 4,999.86 4,999.86 Voucher: 139336
139337 2/21/2025 gol16 GOLDFARB & LIPMAN LLP 480168 1/16/2025 LEGAL FEES NOV/DEC 4,012.00 4,012.00 Voucher: 139337
139338 2/21/2025 lea01 LEAGUE OF CALIF CITIES 1738 2/1/2025 MBRSHP 2025 900.00 900.00 Voucher: 139338
Page: 3
11 March 3, 2025 Item 03
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4 12:04:31PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139339 2/21/2025 mar11 MARSHALLS INDUSTRIAL HARDWARE 786445/1 2/12/2025 MAINT/REPAIR SUPP 173.11 173.11 Voucher: 139339
139340 2/21/2025 nea01 NEARY, MARK PATRICK 02052025 2/5/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 139340
139341 2/21/2025 con17 OCCUPATIONAL HEALTH CTRS, OF CALIFORNIA, A MEDICAL 85682007 1/17/2025 EMPLOYEE TESTING JAN 346.00 346.00 Voucher: 139341
139342 2/21/2025 pac05 PACIFIC PIPELINE SUPPLY S100472689.001 2/5/2025 WATER METER PARTS 499.40 499.40 Voucher: 139342
139343 2/21/2025 pet16 PETE'S ROAD SERVICE INC 25-0815918-00 2/6/2025 VEHICLE MAINT PW 297.87 297.87 Voucher: 139343
139344 2/21/2025 pow13 POWAY POWERSPORTS LLC6788 2/11/2025 ATV FOR LIFEGUARDS 9,750.91 9,750.91 Voucher: 139344
139345 2/21/2025 pre17 PRESTIGE PAVING COMPANY INC 02102025 2/10/2025 20TH ST LFGRD TWR PROJ 4,537.50 4,537.50 Voucher: 139345
139346 2/21/2025 sdg02 SAN DIEGO GAS & ELECTRIC0066 5392 2766 7 2/6/2025 UTILITIES UTILITIES FEB 1,020.31 Voucher: 139346 0069 0908 1676 1 2/6/2025 UTILITIES FEB 362.34 0067 3735 0888 1 2/6/2025 UTILITIES JAN 307.63
0092 4576 5583 8 1/14/2025 UTILITIES DEC 164.52 1,854.80 139347 2/21/2025 sig12 SIGNA DIGITAL SOLUTIONS INCAR-S323202 1/24/2025 QTRLY COPIER MTC CH 1,921.28 1,921.28 Voucher: 139347
139348 2/21/2025 sig12 SIGNA DIGITAL SOLUTIONS INC36201534 11/11/2024 COPIER CH NOV 766.91 Voucher: 139348 37576413 1/12/2025 COPIER CH JAN 766.91 38403750 2/9/2025 COPIER CH FEB 766.91
38403033 2/9/2025 COPIER PW FEB 138.74
36199400 11/11/2024 COPIER CS NOV 45.73
37576099 1/12/2025 COPIER CS JAN 45.73
38403034 2/9/2025 COPIER CS FEB 45.73 2,576.66
139349 2/21/2025 sou02 SOUTHCOAST HEATING & AIR COND. 1421347 2/11/2025 HVAC SRVCS LIBRARY 388.00 Voucher: 139349 1421511 2/12/2025 HVAC SRVCS DM FNDTN 288.00 676.00 139350 2/21/2025 sou08 SOUTHWEST SIGNAL SERVICE84007 1/31/2025 PM TRAFFIC SIG MAINT JAN 472.50 Voucher: 139350 84008 1/31/2025 TRAFFIC SIG MAINT JAN 438.61 911.11 139351 2/21/2025 sta36 STANDARD PLUMBING SUPPLY CO, DBA MWI PLUMBERS SUPPLY YCKR78 2/13/2025 WATER METER PARTS 66.46 66.46 Voucher: 139351
139352 2/21/2025 uni25 STAXUP - UNITS LLC 19116 2/5/2025 STORAGE CS FEB 289.85 289.85 Voucher: 139352
Page: 4
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5 12:04:31PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139353 2/21/2025 ter11 TERMINIX COMMERCIAL 456419954 2/7/2025 PEST CONTROL SRVCS CH 159.00 Voucher: 139353 456418648 2/7/2025 PEST CONTROL SRVCS CS 128.26 456419949 2/7/2025 PEST CONTROL SRVCS LIBRARY 113.26
456418669 2/7/2025 PEST CONTROL SRVCS PHCC 109.18 509.70 139354 2/21/2025 ter01 TERMINIX INT CO LTD, PARTNERSHIP 452237194 10/1/2024 PEST CONTROL SRVCS FIRE 54.00 Voucher: 139354 451286590 9/6/2024 PEST CONTROL SRVCS FIRE 54.00 108.00 139355 2/21/2025 uni31 UNITED SITE SRVCS OF, CALIFORNIA INC 114-14013050 2/6/2025 PORTABLE RESTROOM SRVCS 1,450.85 Voucher: 139355 114-14013053 2/6/2025 PORTABLE RESTROOM SRVCS 565.25 114-14013052 2/6/2025 PORTABLE RESTROOM SRVCS 265.25 2,281.35 139356 2/21/2025 ver12 VERIZON 73213057 1/20/2025 TELEPHONE JAN 128.54 128.54 Voucher: 139356
139357 2/21/2025 ver03 VERIZON WIRELESS 872374736-00003 1/18/2025 TELEPHONE JAN 228.18 Voucher: 139357 542070053-00002 1/20/2025 TELEPHONE JAN 168.38 396.56 139358 2/21/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83020204 2/5/2025 JANITORIAL SUPPLIES 875.32 Voucher: 139358 83033579 2/11/2025 JANITORIAL SUPPLIES 867.28 83020204 2/11/2025 JANITORIAL SUPP REFUND -73.37 1,669.23 Sub total for GENERAL ACCOUNT US BANK: 264,121.28
Page: 5
13 March 3, 2025 Item 03
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City of Del Mar
6 12:04:31PM
apChkLst Final Page:
54 checks in this report. Grand Total All Checks: 589,754.84 Page: 6
14 March 3, 2025 Item 03
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Amanda Lee, Principal Planner
Adriana Jaramishian, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: March 3, 2025
SUBJECT: Authorization to Submit 2024 Housing Element Annual Progress Report

REQUESTED ACTION/RECOMMENDATION
Staff recommends the City Council authorize submittal of the City of Del Mar’s (City) 2024 Housing Element Annual Progress Report (APR) (Attachment A) to the State Department of Housing and Community Development (HCD) and Governor’s Office of Land Use and Climate Innovation (LCI).

EXECUTIVE SUMMARY:

The City is in its 6th Housing Element Cycle (6th Cycle) covering years 2021-2029. The current APR (Attachment A) reports Regional Housing Needs Allocation (RHNA) data for calendar year 2024 and represents the City’s mid-cycle evaluation. Following are key takeaways:

Description Target 6
th Cycle Housing Element (HE) Progress 20201
-2024
RHNA Unit
Production
175 units Cumulative total 109 net-new units produced including:
• 44 above-moderate income (met 31-unit requirement)
• 65 moderate-income units (met 31-unit requirement)
Accessory
Dwelling Unit
(ADU)
Production
100 ADUs
total
Cumulative total 105 ADUs produced including:
• 40 above-moderate income units
• 65 moderate-income units
• 0 lower income (HE target is 15 low through incentives) Housing
Applications
N/A 16 permit applications submitted in 2024 and currently in process represent a potential capacity of 16 net-new units Housing
Entitlements
N/A Building permits were already issued for 20 net-new units in 2024 with permits still pending for an additional 81 units2 • Issued: 9 above-moderate and 11 moderate-income units • Pending: 23 ADUs + 58 units (Watermark and 941 CDM)
HE Programs 45
programs
44 housing programs completed and/or in-process
Footnotes: 1. Units issued building permits as of June 30, 2020, meet 6th Cycle RHNA.

2. Once these pending building permits are issued, the resulting 190 total entitled units would exceed the 6th Cycle RHNA unit production target of 175 units. 1 March 3, 2025 Item 05
City Council Agenda Report
Submittal of 2024 Housing Element APR
March 3, 2025

Page 2 of 10 ends

BACKGROUND:

State law (Government Code Section 65400) requires all local jurisdictions in California to annually report on HE progress in terms of housing production to meet RHNA and HE program implementation. Each year the City is required to prepare an APR in accordance with the State’s guidelines and standard templates and present the APR to the City Council prior to submitting it to HCD and LCI by April 1, 2025. The APR generally includes:
• Summary of submitted development applications and completed entitlements; • Data representing the “net-new dwelling units” produced to meet the City’s assigned 6th Cycle RHNA, which includes any proposed units that would be an addition to the existing housing stock, and does not include approval of replacement units (e.g., the demolition and rebuilding of a single unit);
• Evaluation of how the City’s progress compares to the adopted objectives; and • Identification of HE program status with more detailed reporting required by HCD for the 2024 report to provide an emphasis on programs HCD considers critical to HE compliance.

Overall, the City continues to make great progress in terms of housing production and HE program implementation. Refer to Table C below for details on the City’s RHNA progress. • The City’s total 6th Cycle housing unit obligation is 175 units. This includes 12 low-income carryover units from the 5th Cycle in addition to the assigned 163 RHNA units, which includes 31 above moderate-income units, 31 moderate-income units, 64 low-income units, 19 very low-income units, and 18 extremely low-income units. • The State began counting unit production towards the City’s 6th Cycle unit obligation based on building permits issued as of June 30, 2020. The City has issued a building permit or certificate of occupancy for 109 net-new units between June 30, 2020, and December 31, 2024, and will continue to produce new units towards the 6th Cycle. • Consistent with prior years in the 6th Cycle, new units produced in 2024 are within the above moderate- and moderate-income categories and primarily are new ADUs. • The HE sets forth a variety of strategies to produce at least 113 lower income units, which includes a combination of low-income, very low-income, and extremely low-income units.

The City will be considering what additional measures can be pursued to facilitate the production of lower income units, which will be considered as part of the required HE Program 2E Mid Cycle ADU Production Evaluation and HE Program 1D Affordable Housing Overlay Zone implementation.

The challenges experienced in production of lower income units are common with other jurisdictions statewide and relate to factors that are beyond the City’s control. This includes market conditions, high cost of land, construction, materials and labor, and limited resources that 2 March 3, 2025 Item 05
City Council Agenda Report
Submittal of 2024 Housing Element APR
March 3, 2025

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collectively are an impediment to the production of lower income housing units. However, the City has continued its good faith efforts to develop incentive programs, invest local resources, pursue grant funding, seek partnerships, and pursue capital projects to build lower income housing.

For example, the City was awarded Housing Acceleration Program (HAP) grant funds (Cycles 1 and 2) from HCD and San Diego Association of Governments (SANDAG) that facilitated:
• Completion of Phase I studies in June 2022 and April 2023, identifying architectural concepts and financial feasibility information that demonstrated feasibility of affordable housing development for various development scenarios (i.e., senior housing or family housing) on at least two sites on the State Fairgrounds and two smaller affordable housing projects for lower income households on two vacant City-owned lots on 10th Street adjacent to the Civic Center complex and 28th Street in the existing developed North Beach neighborhood.
• Completion of Phase II studies in January 2023, identifying architectural concepts and financial feasibility information for privately-owned properties demonstrating the feasibility of affordable housing development applicable to privately-owned sites in the North Commercial Zone and Professional Commercial Zone identified in the HE sites inventory as well as for additional opportunity sites not relied upon for the 6th Cycle HE including a vacant site in the Central Commercial Zone.
• Completion of an Objective Design Standards Manual and Objective Design Standards Ordinance that were adopted by the Council in September 2024. • Solicitation of task orders for preparation of pre-development feasibility and due diligence studies to facilitate development of at least 61 lower income affordable housing units at the State Fairgrounds to support development of affordable housing on the property by 2031 consistent with the executed agreement between the City and State 22nd District Agricultural Association (22nd DAA) as well as the executed grant agreements between the City of Del Mar and SANDAG (in consultation with HCD). • The grant funding is also facilitating preparation and processing of supportive housingrelated ordinances that relate to affirmatively furthering fair housing objectives and other programs to facilitate lower income unit production.

In April 2025, the City plans to pursue Cycle 6 Smart Growth Incentive Program (SGIP) Grant Funding from SANDAG for lower income housing development on the City-owned 10th Street lot per HE Program 3B to further production of lower income units.

DISCUSSION/ANALYSIS:

APRs must be completed via the HCD-required Excel worksheet template, which HCD reviews and posts in the Housing Element Implementation Database on their website at:
https://www.hcd.ca.gov/community-development/housing-element/index.shtml.

The APR consists of the following sections (Tabs):

1. Housing Development Applications Submitted Report

2. Housing Production Progress Report
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3. Permitted Units by Affordability Report

4. Sites Identified or Rezoned to Accommodate Shortfall Need

5. Program Implementation Status Report

6. Commercial Development Bonus Approval Report

7. Rehabilitated Units Report

8. Above Moderate-Income Units Converted to Moderate Income

9. Locally Owned Land Disposal Report

10. Locally Owned Surplus Sites

11. Student Housing Developed with Density Bonus

12. Tenant Preference Policy
Below is a summary describing the data collected and included in the City’s 2024 APR (Attachment A) for each of the respective sections or “Tabs” in the worksheet (Tabs A to D). Tabs E to K (intentionally left blank in worksheet) seek data that the City has no qualifying units or data to report including Commercial Development Bonus Approval Report, Rehabilitated Units Report, Above Moderate-Income Units Converted to Moderate Income, Locally Owned Lands, Locally Owned Surplus Sites, Student Housing Developed with Density Bonus, and Tenant Preference Policy.

1. New Housing Applications (Tab A)
The City is required to report all applications received for “net-new” housing units in calendar year 2024. In 2024, the City received 18 applications for net-new units, all of which were applications for ADUs. All 18 applications are reflected in the HCD spreadsheet under Tab A.

However, for clarity within this report, staff has listed below the 16 submitted applications that are still pending approval for future RHNA credit. It does not list the ADU application that was withdrawn after submittal, or the application that was issued a building permit in 2024, as reflected in the HCD spreadsheet and staff analysis under #2 (Tab A2) below. Units do not count towards the City’s RHNA until a building permit or certificate of occupancy is issued (i.e., if no building permit is required).

Table A below includes the 16 ADU applications in-process that have not yet been issued building permits, and which can be counted toward the 6th Cycle RHNA in a future APR once a building permit or certificate of occupancy is issued.

To determine which units would apply to the above-moderate or moderate-income categories, the City considered the size of the ADU. For the purpose of this report, staff assumed that units smaller in size could be rented at lower rates than larger units.

Table A - Applications In Process & Projected RHNA Contribution New Applications in
2024
Address Projected RHNA
ADU24-002 494 Avenida Primavera 1 above moderate
unit
ADU24-003 678 Orchid Lane 1 moderate unit
ADU24-004 461 Zuni Drive 1 moderate unit
ADU24-005 234 10th Street 1 moderate unit
ADU24-006 590 15th Street
1 above moderate
unit
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New Applications in
2024
Address Projected RHNA
ADU24-008 1946 Zapo Street
1 above moderate
unit
ADU24-009 1437 Luneta Drive 1 moderate unit
ADU24-010 2722 Camino del Mar 1 moderate unit
ADU24-011 964 Crest Road
1 above moderate
unit
ADU24-012 1920 Santa Fe Ave 1 moderate unit
ADU24-013 491 Pine Needles
1 above moderate
unit
ADU24-014 329 7th Street 1 moderate unit
ADU24-015 507 15th Street
1 above moderate
unit
ADU24-016 118 6th Street
1 above moderate
unit
ADU24-017 2016 Ocean Front 1 moderate unit
ADU24-020 131 21st Street 1 moderate unit
Total RHNA Units in Process that are Anticipated to Count Toward the 6th Cycle Housing Element in Future APR
9 moderate;
7 above moderate

2. Housing Production Progress Report (Tab A2)
The City must show the progress of all active applications/projects with net-new housing unit(s). For each unit reported, the City must identify which income affordability category applies: very-low, low, moderate, and above-moderate-income. The City must also report whether the project received an entitlement, building permit, certificate of occupancy, or other form of project readiness during the reporting year. Only a building permit or certificate of occupancy (i.e., if no building permit is required) is used for the purpose of determining progress towards the City’s RHNA. In 2024, building permits were issued for 20 net-new units as outlined in Table B below:

Table B - Housing Production Progress Toward 6th Cycle Housing Element Ref
#
Application Building Permit
Issuance Date
Address RHNA Credit
1 ADU21-030 6/24/2024 1310 Ocean Avenue 1 moderate unit 2 ADU22-003 9/5/2024 692 Rimini Road 1 moderate unit
3 ADU22-016 6/5/2024 125 13th Street 1 moderate unit
4 ADU22-021 3/7/2024 339 Hidden Pines
1 above moderate
unit
5 ADU22-030 2/15/2024 127 7th Street 1 moderate unit
6 ADU22-038 2/14/2024 207 13th Street 1 moderate unit
7 ADU23-005 10/31/2024 2118 Ocean Front
1 above moderate
unit
8 ADU23-006 3/22/2024 328 12th Street 1 moderate unit
9 ADU23-008 1/12/2024 355 14th Street
1 above moderate
unit
10 ADU23-009 1/17/2024 2194 San Dieguito 1 moderate unit 5 March 3, 2025 Item 05
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Ref
#
Application Building Permit
Issuance Date
Address RHNA Credit
11 ADU23-011 1/22/2024 1130 Crest Road
1 above moderate
unit
12 ADU23-012 10/30/2024 141 10th Street
1 above moderate
unit
13 ADU23-016 3/13/2024 609 Amphitheatre 1 moderate unit 14 ADU23-018 4/23/2024 120 9th Street
1 above moderate
unit
15 ADU23-021 10/30/2024 1945 Santa Fe
1 above moderate
unit
16 ADU23-027 4/19/2024 511 11th Street 1 moderate unit
17 ADU23-029 4/30/2024 129 8th Street
1 above moderate
unit
18 ADU23-035 6/26/2024 467 15th Street
1 above moderate
unit
19 ADU23-036 7/8/2024 274 Stratford Park Circle 1 moderate unit 20 ADU24-001 7/29/2024 119 10th Street 1 moderate unit
Total Units Towards 6th Cycle RHNA 9 above
moderate;
11 moderate

3. Permitted Units by Affordability Report (Tab B)
The City is required to show all units counted towards RHNA during the 6 th Cycle HE planning
period beginning June 30, 2020, through December 31, 2024, and annually through year 2029. The start date for counting RHNA toward the 6th Cycle was confirmed in written correspondence from HCD to SANDAG on July 21, 2020, (and additional HCD guidance materials) clarifying that within the San Diego region, local jurisdictions may take 6th Cycle RHNA credit for new units approved, permitted and/or built starting June 30, 2020.

Of note, there is an error in the pre-populated data for the APR Tab B, which does not accurately reflect the City’s prior 6th Cycle HE progress. HCD provides this information in a pre-populated worksheet for the City to enter its reporting data, but does not allow the City to modify any pre-populated data. This explains why the pre-populated data indicating lower unit counts for prior years does not align with what the City previously reported. City staff has reported the issue to HCD every year when the APR is submitted and it remains uncorrected.

As shown above under Tab A2, the City issued 20 building permits for net-new units in the above-moderate and moderate-income categories in 2024, all of which were ADUs.

As of December 31, 2024, the City has issued building permits for a cumulative total of 109 net-new units that contribute toward the 6th Cycle RHNA, as shown in Table C below:
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Table C – City of Del Mar 6th Cycle RHNA Obligation Status Income
Category
6 th Cycle
RHNA
Obligation
Units
Permitted
2020-
2024
Entitled Units,
pending
building permits
(including
ADUs, 941 CDM
and Watermark
projects)
Total Units
Approved
Units
Remaining
for 6th Cycle
Above
Moderate 31 44 55 99
None – 68
extra units
Moderate 31 65 14 79
None – 48
extra units
Low 76 0 8 8 68
Very/Extremely
Low 37 0 4 4 33
TOTAL 175 109 81 190
To date, the City has exceeded its RHNA obligation for above-moderate and moderateincome units and is continuing to produce housing units in these income categories. While no lower income units have been constructed yet for the 6th Cycle, the 941 Camino del Mar and Watermark sites are two entitled development projects that include lower income units. The City also has 23 ADU units that have been approved and are pending building permits. In total, the City has entitled 190 net-new housing units which includes all building permits issued from July 2020 to December 2024, and the entitled units still pending (23 ADUs and Watermark and 941 Camino del Mar multi-dwelling unit project approvals with affordable units). Once fully implemented, this will put the City above the total 175-unit RHNA target.

4. Sites Identified or Rezoned to Accommodate Shortfall (Tab C, Not Applicable) This section of the APR is used to report if the City identified an unaccommodated need of sites from a previous planning period or a shortfall of sites that require completion of a rezone action in the HE, or if a city has identified additional sites required by “no net loss” law pursuant to Government Code Section 65863.

No shortfalls have been identified; therefore, this section of the report is intentionally left blank.

However, there are 12 low-income units carried over from the 5th Cycle Housing Element (2013-2021) that were added to the 6th Cycle Housing Element RHNA obligation, and the City has adequate sites at sufficient density (i.e., allowing a density of at least 20 dwelling units per acre) in place with no associated requirement or need for completion of a rezone action.

5. Program Implementation Status Report (Tab D)
The City is required to provide a detailed status of all 45 HE programs. A summary status of the housing programs is provided in Table D below.
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Table D - Status of Del Mar 2021-2029 Housing Element Programs Program Status Number of Programs Programs
Completed 14
1A, 1B, 1F, 1G, 1J, 1K, 2A, 2B, 4D, 4E, 5A, 5B,
6A, 6G
Ongoing Programs 14
2D, 4C, 6C, 6F, 7A, 7B, 7C, 7D, 7E, 7F, 7G, 7H,
7I, 7J
Underway 16
1C, 1D, 1H, 1I, 2C, 2E, 2F, 3A, 3B, 4A, 4B, 5C,
6B, 6D, 6E, 6H
Not Implemented 1 1E
TOTAL 45
The following 14 programs have been completed:
o 1A Coastal Commission Certification of North Commercial Zone Local Coastal Program Amendment (LCPA)
o 1B Coastal Commission Certification of Professional Commercial Zone LCPA o 1F Manufactured Housing Ordinance
o 1G Density Bonus Ordinance
o 1J Program for Coordination with Affordable Housing Developers o 1K Feasibility Studies for Infill Housing on Non-Vacant and Small Sites o 2A ADU Incentive Program
o 2B ADU Amnesty Program
o 4D Inclusionary Housing Ordinance
o 4E Condominium Conversions Ordinance
o 5A Incentives to Preserve Existing Apartments/Condominiums and Create Affordable Units (processed with Program 2A Incentives)
o 5B City Council Policy Requiring Housing Impact Statements in Staff Reports o 6A Posted Notice of SB 35 State Law Exemption for Coastal Cities o 6G Objective Design Standards Ordinance
The following programs/special projects are anticipated to be completed in Fiscal Year (FY) 2025-2026:
• Central Commercial and Public Facilities (Programs 1C and 1H and 6B):

Ordinances/LCPAs were timely adopted by the City Council in April 2024. California Coastal Commission (CCC) conditional certification occurred in February 2025. City Council approval of the CCC modifications is anticipated in April 2025 and will be followed by final certification by CCC (anticipated summer 2025). • ADU Ordinance and Tiny Homes Regulations (Program 6B and 2F):

Ordinance/LCPA was timely adopted by the City Council in December 2023. CCC certification is pending (anticipated summer 2025).
• Promotion of ADU Incentive Programs (Program 2C): The City has a dedicated webpage for the ADU Incentive Program (Program 2A) and ADU Amnesty Program (Program 2B) that encourages dedication of ADUs for rent to lower income units. In 8 March 3, 2025 Item 05
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FY 2023-2024, the City published news articles on the City webpage and distributed articles to the community. Additional promotion will occur in FY 2025-2026 when the citywide ADU Ordinance is certified by the CCC.
• Senate Bill 9 Ordinance/LCPA (Program 6B): Ordinance/LCPA was adopted by the City Council in June 2023; and is pending CCC certification in April 2025. • Short Term Rental Regulations (Program 5C): Ordinance/LCPA was timely adopted by City Council September 2024; and is pending CCC certification (anticipated to occur fall 2025).
• New Environmental Justice Element (Program 6E): Preparation of a public review draft is in process. Resolution for a Community Plan Amendment is pending City Council adoption in FY 2025-2026.
• Safety Element Update (Program 6H): Preparation of a public review draft is in process. California Board of Forestry approval is required. Resolution for a Community Plan Amendment is pending City Council adoption in FY 2025-2026. • Mid Cycle ADU Production Evaluation (Program 2E): This was initiated with the 2024 Housing APR and will be presented to the City Council once complete. Staff is seeking consulting services via the regional HAP technical assistance program to help evaluate additional strategies that could create deed restricted ADUs for rent to lowincome households to meet the City’s HE goal of 15 low income ADUs. • Solar Panel Installation Partnership (Program 6D): In-process. This is being implemented in conjunction with implementation of the City’s adopted Climate Action Plan. Staff is analyzing available programs through organizations like the Clean Energy Alliance or Center for Sustainable Energy to install solar on multi-unit, lower income housing to meet renewable energy goals in the Climate Action Plan.

The following two housing special projects are anticipated to be completed in FY 2026-2027:
• Affordable Housing Overlay Zone/Site-Specific Incentives (Programs 1D and 1I):

The City completed feasibility studies (architectural concepts and economic studies) in January 2023 demonstrating the feasibility of development of lower income units on various sites listed in the HE sites inventory. If the City has not secured agreements for or produced at least 30 lower income units by April 2025, the City must create a new overlay zone and implement amendments to increase feasibility. • Supportive Housing-Related Amendments (Programs 4A and 4B): This was initiated in 2024 with HAP Grant Cycle 2 funding, then delayed due to limited staff resources. The Ordinance/LCPA will require Planning Commission recommendation, City Council approval, and CCC certification to complete. Anticipated completion is FY 2026-2027.
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The following two programs relate to planned capital improvement projects throughout the 6 th
Cycle for development of lower income units on the State Fairgrounds and City-owned vacant property:
• Fairgrounds Affordable Housing (Program 3A): Significant State and local resources have been invested and milestones completed toward implementation to develop lower income housing on the State Fairgrounds. An ENRA was approved by the 22nd DAA (February 20, 2024) and the City (March 4, 2024) allowing the City and District to continue to work toward development of at least 61 lower income units on the Fairgrounds. The State and SANDAG allocated $1.5 million in HAP grant funds (2024-2026) for pre-development studies to facilitate project implementation. Staff anticipates mutual site selection by December 2025, which will facilitate next steps for negotiation of a ground lease, solicitation of a developer, and completion of CEQA documents and entitlements by August 2028.
• Affordable Housing on City-Owned Sites (Program 3B): The City completed feasibility studies in June 2022 demonstrating the feasibility of development of lower income units on two vacant City-owned parcels on 10th Street and 28th Street that are listed in the HE sites inventory. The City will be applying for SGIP Grant in 2025 for pre-development studies, plans, entitlements, and funding to secure building permits for at least four to eight lower income units on the City-owned 10th Street site by December 2027. Staff will also be seeking direction from City Council on next steps for the 28th Street site.

HOUSING IMPACT STATEMENT:

The 2024 Housing Element APR shows a net-new 20 units issued building permits within the City of Del Mar in 2024, which moves the City closer to meeting its assigned RHNA unit target.

FISCAL IMPACT:

There is no fiscal impact or 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:

Processing of the Housing Element Annual Progress Report is an operational project that is required to be processed each year to comply with State law.

ATTACHMENT:

Attachment A – City of Del Mar 2024 APR
10 March 3, 2025 Item 05
Jurisdiction Del Mar ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning
Period 6th Cycle 04/30/2021 - 04/30/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total

PROPOSED
Units by
Project
Total

APPROVED
Units by
project
Total

DISAPPROVE
D Units by
Project
Please select
state
streamlining
provision/s the
application was
submitted
pursuant to.

Did the
housing
development
application
seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Summary Row: Start Data Entry Below 0 0 0 0 0 11 7 18 0 0 300-171-03 119 10th Street ADU24-001 ADU24-001 ADU O 1/22/2024 1 1 NONE No 299-260-23 494 AVENIDA PRIMAVERA ADU24-002 ADU24-002 ADU O 3/29/2024 1 1 NONE No 300-251-43 678 Orchid Lane ADU24-003 ADU24-003 ADU O 2/7/2024 1 1 NONE No 299-280-23 461 Zuni Drive ADU24-004 ADU24-004 ADU O 3/5/2024 1 1 NONE No 300-093-13 234 10th Street ADU24-005 ADU24-005 ADU O 3/20/2024 1 1 NONE No 299-290-28 590 15th Street ADU24-006 ADU24-006 ADU O 7/10/2024 1 1 NONE No 300-182-18-01 155 7th Street ADU24-007 ADU24-007 ADU O 4/15/2024 1 1 NONE No 299-181-08 1946 Zapo Street ADU24-008 ADU24-008 ADU O 4/17/2024 1 1 NONE No 300-030-79 1437 Luneta Drive ADU24-009 ADU24-009 ADU O 7/8/2024 1 1 NONE No 299-021-24 2722 Camino del Mar ADU24-010 ADU24-010 ADU O 6/27/2024 1 1 NONE No 300-263-25 964 Crest Road ADU24-011 ADU24-011 ADU O 8/21/2024 1 1 NONE No 299-141-06 1920 Santa Fe ADU24-012 ADU24-012 ADU O 9/5/2024 1 1 NONE No 301-025-46 491 Pine Needles ADU24-013 ADU24-013 ADU O 10/1/2024 1 1 NONE No 300-234-04 329 7th Street ADU24-014 ADU24-014 ADU O 10/11/2024 1 1 NONE No 300-030-25 507 15th Street ADU24-015 ADU24-015 ADU O 10/14/2024 1 1 NONE No 300-182-12 118 6th Street ADU24-016 ADU24-016 ADU O 10/18/2024 1 1 NONE No 299-136-09 2016 Ocean Front ADU24-017 ADU24-017 ADU O 11/22/2024 1 1 NONE No 299-136-17 131 21st Street ADU24-020 ADU24-020 ADU O 12/9/2024 1 1 NONE No 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted

ATTACHMENT A
11 March 3, 2025 Item 05
Jurisdiction Del Mar ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning
Period 6th Cycle 04/30/2021 - 04/30/2029
Table A2
2 3 5 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved
# of Units
issued
Entitlements
Summary Row: Start Data Entry Below 0 0 0 0 0 13 7 20
299-202-46 2920 Camino del Mar B2020-0193 B2020-0193 SFD O 0 299-100-16 2194 San Dieguito ADU23-009 ADU23-009 ADU O
0 300-020-18 355 14th Street ADU23-008 ADU23-008 ADU O 0 299-186-18 313 Luzon Avenue ADU23-003 ADU23-003 ADU O
0 299-020-06 3000 Sandy Lane ADU22-031 ADU22-031 ADU O
0 299-280-51 1571 Luneta Drive ADU22-029 ADU22-029 ADU O 0 300-331-09 328 El Amigo Road ADU22-026 ADU22-026 ADU O
0 300-242-09 1090 Klish Way ADU22-025 ADU22-025 ADU O
0 300-153-03 1230 Oribia Road ADU22-019 ADU22-019 ADU O 0 299-280-41 437 Avenida Primavera ADU22-017 ADU22-017 ADU O 0 300-072-03 125 13th Street ADU22-016 ADU22-016 ADU O
0 300-094-02 107 11th Street ADU22-013 ADU22-013 ADU O 0 301-023-13 416 Pine Needles Drive ADU22-008 ADU22-008 ADU O 0 300-143-22 692 Rimini Road ADU22-003 ADU22-003 ADU O
0 300-030-80 429 Carolina Road ADU22-001 ADU22-001 ADU O 0 300-232-32 405 8th Street ADU21-034 ADU21-034 ADU O 0 299-062-01 211 27th Street ADU21-016 ADU21-016 ADU O
0 299-194-04 1930 Balboa Ave ADU21-009 ADU21-009 ADU O 0 300-410-10 555 Amphitheatre ADU20-038 ADU20-038 ADU O 0 299-065-07 2610 Ocean Front ADU20-036 ADU20-036 ADU O 0 299-200-34 1505 San Dieguito Drive ADU20-034 ADU20-034 ADU O 0 300-171-03 119 10th Street ADU24-001 ADU24-001 ADU O 1 3/25/2024 1 301-320-16 274 Stratford Park Circle ADU23-036 ADU23-036 ADU O 1 2/28/2024 1 300-030-18 467 15th Street ADU23-035 ADU23-035 ADU O 1 3/27/2024 1 300-181-04 129 8th Street ADU23-029 ADU23-029 ADU O 1 2/14/2024 1 300-410-13 511 11th Street ADU23-027 ADU23-027 ADU O 1 1/17/2024 1 299-142-02 1945 Santa Fe Ave ADU23-021 ADU23-021 ADU O 0 300-171-12 120 9th Street ADU23-018 ADU23-018 ADU O 0
300-243-04 609 Amphitheatre ADU23-016 ADU23-016 ADU O
0 300-171-05 141 10th Street ADU23-012 ADU23-012 ADU O 1 4/4/2024 1 300-145-04 1130 Crest Road ADU23-011 ADU23-011 ADU O 0
300-075-07 328 12th Street ADU23-006 ADU23-006 ADU O
0 299-137-02 2118 Ocean Front ADU23-005 ADU23-005 ADU O 0 300-074-11 207 13th Street ADU22-038 ADU22-038 ADU O
0 300-182-14-01 127 7th Street ADU22-030 ADU22-030 ADU O 0 301-024-26 339 Hidden Pines Road ADU22-021 ADU22-021 ADU O 0 300-071-07 1310 Ocean Avenue ADU21-030 ADU21-030 ADU O 1 2/23/2024 1 299-021-24 2722 Camino del Mar ADU24-010 ADU24-010 ADU O 1 12/17/2024 1 300-093-13 234 10th Street ADU24-005 ADU24-005 ADU O 1 7/3/2024 1 299-280-23 461 Zuni Drive ADU24-004 ADU24-004 ADU O 1 11/17/2024 1 300-251-43 678 Orchid Lane ADU24-003 ADU24-003 ADU O 1 10/2/2024 1 299-260-23 494 Avenida Primavera ADU24-002 ADU24-002 ADU O 1 10/2/2024 1 300-234-09 326 La Amatista ADU23-034 ADU23-034 ADU O 1 10/16/2024 1 299-174-04 1904 Balboa ADU23-032 ADU23-032 ADU O 1 2/14/2024 1 300-251-28 642 Hoska Drive ADU23-026 ADU23-036 ADU O 1 8/1/2024 1 299-097-02 2220 Ocean Front ADU23-025 ADU23-025 ADU O 1 3/22/2024 1 300-143-24 636 Rimini Road ADU23-024 ADU23-024 ADU O 1 10/2/2024 1 300-011-15 1408 Stratford Court ADU23-019 ADU23-019 ADU O 1 2/23/2024 1 300-262-05 999 Crest Road ADU22-024 ADU22-024 ADU O 1 2/27/2024 1 299-260-23 494 Avenida Primavera ADU21-032 ADU21-032 ADU O 1 1/24/2024 1 0
1 Unit Types Affordability by Household Incomes - Completed Entitlement 4 Project Identifier
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 12 March 3, 2025 Item 05
Cells in grey contain auto-calculation formulas
8 9 11 12
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms
of readiness
0 0 0 0 0 11 9 20 0 0 0 0 0 12 9 21
0 1 10/23/2024 1
1 1/17/2024 1 1 12/9/2024 1
1 1/12/2024 1 1 12/27/2024 1
0 1 5/31/2024 1
0 1 11/14/2024 1
0 1 10/21/2024 1
0 1 3/21/2024 1
0 1 11/13/2024 1
0 1 1/11/2024 1
0 1 6/12/2024 1
1 6/5/2024 1 1 12/4/2024 1
0 1 7/23/2024 1
0 1 4/17/2024 1
1 9/5/2024 1 1 9/10/2024 1
0 1 9/10/2024 1
0 1 12/16/2024 1
0 1 11/19/2024 1
0 1 2/16/2024 1
0 1 3/27/2024 1
0 1 12/18/2024 1
0 1 7/25/2024 1
1 7/29/2024 1 0
1 7/8/2024 1 0
1 6/26/2024 1 0
1 4/30/2024 1 0
1 4/19/2024 1 0
1 10/30/2024 1 0
1 4/23/2024 1 0
1 3/13/2024 1 0
1 10/30/2024 1 0
1 1/22/2024 1 0
1 3/22/2024 1 0
1 10/31/2024 1 0
1 2/14/2024 1 0
1 2/15/2024 1 0
1 3/7/2024 1 0
1 6/24/2024 1 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 7 10
Note: "+" indicates an optional field
13 March 3, 2025 Item 05
Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
13 14 15 16 17 18 19 20 21 22 23 24 25
How many of
the units
were
Extremely
Low Income?
Please select the
state
streamlining
provision the
project was

APPROVED
pursuant to.
(may select
multiple)
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select multiple
- see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined the
units were affordable
(see instructions)
Term of Affordability
or Deed Restriction
(years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/Destro
yed Units
Demolished
or Destroyed
Units
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum Allowable
Residential Gross Floor
Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given
to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction or
waiver of parking
standards? (Y/N)
Notes+
0 0
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
NONE Y
NONE Y
Assumed moderate-affordable
based on smaller size of ADU and
comparable rental rates
Density Bonus Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units
14 March 3, 2025 Item 05
Jurisdiction Del Mar ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/30/2021 - 04/30/2029
1 Projection
Period 3 4
RHNA Allocation
by Income Level
Projection
Period -
06/30/2020-
04/29/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029
Total Units to
Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 15 8 15 15 11 - - - - -
Above Moderate 31 5 6 11 12 9 - - - - - 43 -
163
20 14 26 27 20 - - - - - 107 101
5 6 7
Extremely lowIncome Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date
Total Units
Remaining
19 - - - - - - - - - - 19
VLI Deed Restricted
VLI Non Deed Restricted
LI Deed Restricted
LI Non Deed Restricted
MI Deed Restricted
MI Non Deed Restricted
Above Mod Income
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. -
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 64 Moderate
37 64
31 Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
37 64
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data. 15 March 3, 2025 Item 05
Jurisdiction Del Mar
Reporting Year 2024 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation 1A North Commercial
Finalize Coastal Commission certification of local approvals gained during 5th Cycle to allow 20 du/ac on select parcels (Ordinance/LCPA) June 2022 (for CCC certification) Complete. City Council accepted CCC modifications by LCPA/Ordinance No. 987 adopted by City Council March 21, 2022. Obtained Coastal Commission final certification June 2022.
1B Professional Commercial
Finalize Coastal Commission certification of local approvals gained during 5th Cycle to allow 20 du/ac on select parcels (Ordinance/LCPA) June 2022 (for CCC certification) Complete. City Council accepted CCC modifications by LCPA/Ordinance No. 987 adopted by City Council March 21, 2022. Obtained Coastal Commission final certification June 2022.
1C Central Commercial (Task 1 of 2) Amend the CC Zone to allow 20 du/ac (Plan amendment and Ordinance/LCPA) April 2024 (for Council adoption)
Complete. City Council adopted General Plan Amendment via Resolution No. 2024-12 and introduced Ordinance and Local Coastal Program Amendment on April 1, 2024.

Council adopted LCPA/Ordinance No. 1006 on April 15, 2024. 1C Central Commercial (Task 2 of 2) Obtain Coastal Commission certification. N/A In-process. Coastal Commission conditionally approved the LCPA with modifications in February 2025. City Council will consider ordinance to adopt CCC modification April 2025 in order to obtain final certification.
1D Economic Study and Affordable Housing Overlay Zone (Task 1 of 2)
Conduct Phase II economic study and zoning assessment.

Coordinate with stakeholders (hotels, Plaza, multi-dwelling in RM zones) and present findings to City Council. (Economic Study) January 2023
Complete. Completed site-specific architectural concepts and economic studies of affordable housing feasibility on privately owned sites in HE sites inventory including hypothetical residential and mixed use scenarios for PC zone sites, NC zone sites, and vacant site on 10th Street (CC zone); and hypothetical conversion of non-conforming large scale multi-unit projects similar to existing apartment and condo complexes in RMSouth Zone,and hypothetical conversion of offiice/retail tenant space in Del Mar Plaza - January 2023. See Council Report
1D Economic Study and Affordable Housing Overlay Zone (Task 2 of 2)
If City has not secured at least 30 affordable units by December 2025 must proceed with overlay zone. (Ordinance/LCPA) December 2025 In-process. City is currently exploring options for use of Cycle 2 regional Housing Acceleration Program (HAP) consulting resources to facilitate public discussions and will proceed with preparation and processing of Overlay Zone in FY2025-2026 (begins July 2025).
1E Rezone of Vacant Land on North Bluff/South Stratford Properties (contigency program only)
If the City is unable to reach an agreement with the State, then must implement rezone to 20-25 du/ac by right via overlay zone to create capacity for at least 54 lower income units.

Contingency program only required if
Program 3A agreement with State not timely
completed by April 2024.

No action required. HE Program 1E is a contingency program that was not relied on to meet RHNA and is no longer required due to timely execution of agreements per HE Program 3A including the ENRA agreement in HE Program 3A (executed March 2024) and Cycle 2 HAP Grant agreement approved by HCD/SANDAG for $1.5 million in grant funding for pre-development studies (Jan 2024-March 2026) in support of a capital project to build at least 61 lower income units on the the State Fairgrounds by June 2031. If any sites the City is relying on to meet RHNA become infeasible, the City must identify replacement sites within 180 days. The City has various options (from any feasible sites not currently relied on to meet RHNA) for the City Council to select from should those circumstances arise.
1F Manufactured Housing Update needed per State law (Ordinance) December 2023 Complete. City Council adopted Manufactured Housing Ordinance No. 1000 on September 18, 2023.
1G Density Bonus Update needed per State Law (Ordinance) June 2024 Complete. City Council adopted Density Bonus Ordinance No. 1007 on May 6, 2024. 1H Public Facilities Zone (Task 1 of 3) Process clean-up Rezone/LCPA for 28th Street lot. (Resolution/Ordinance/LCPA)
January 2023 (for Council adoption) Complete. City Council adopted General Plan Amendment via Resolution No. 2022-79 and introduced Rezone Ordinance/LCPA in December 2022. Adopted Ordinance/LCPA in January 2023. Ordinance No. 995. Ordinance/LCPA certified by Coastal Commission on February 6, 2025.
1H Public Facilities Zone (Task 2 of 3)
Amend PF zone by April 2024 to clarify that affordable housing is allowed use in PF zone (with Shores Park excluded).
(Ordinance/LCPA)
April 2024 (for Council adoption)
Complete. City Council adopted General Plan Amendment via Resolution No. 2024-12 and introduced Ordinance and Local Coastal Program Amendment on April 1, 2024.

Council adopted Ordinance/LCPA on April 15, 2024 via Ordinance No. 1006. 1H Public Facilities Zone (Task 2 of 3) Obtain Coastal Commission certification. N/A In-process. Coastal Commission conditionally approved the LCPA with modifications in February 2025. City Council will consider ordinance to adopt CCC modification April 2025 in order to obtain final certification.
1I Streamlining Incentives for Affordable Housing (Task 1 of 3) Conduct Phase II economic study and zoning assessment. Evaluate existing regulations and identify potential incentives. January 2023 Complete. Completed Phase II feasibility studies and consideration of incentives were completed and presented to City Council - January 2023. Refer to studies in Housing Element Appendix I.
1I Streamlining Incentives for Affordable Housing (Task 2 of 3) Process ordinance(s) to make incentives available to facilitate affordable housing. (Studies and ordinance/LCPA) December 2023 Complete. Completed City Council adopted Ordinance No. 1003 on December 18, 2023 with incentives to facilitate low income ADUs on single dwelling /duplex properties and on larger multi-unit properties.
1I Streamlining Incentives for Affordable Housing (Task 3 of 3) Process streamlining to incentivize production of affordable housing to encourage development of lower income units on properties identified in the Housing Element.

December 2025
In-process. The City will be addressing additional incentives for affordable housing projects through implementation of the Affordable Housing Overlay Zone per HE Program 1D.
1J Establish Program for Coordination with Affordable Housing Developers
Establish program for regular outreach with San Diego Housing Federation and affordable housing developers. Use for mutual benefit to gain insight towards development of realistic strategies to facilitate affordable housing, including strategies that can work at the Fairgrounds. (Outreach/meetings)
December 2022
Complete. City staff coordinated with San Diego Housing Federation staff (Laura Nunn).

Additional ongoing outreach and coordination to occur via San Diego Housing Federation subcommittees when new housing opportunities become available. 1K Infill Affordable Housing on Non-Vacant and Small Sites Conduct Phase II economic study and zoning assessment of privatelyowned sites in sites inventory. Identify potential changes to facilitate affordable housing via Ordinance/LCPA per Program 1I. (Economic study/zoning assessment)
January 2023
Complete. Completed Phase II site-specific studies including architectural concepts and economic feasibility studies demonstrating feasibility of non-vacant and small sites in NC and PC zones in January 2023. Refer to Housing Element Appendix B for Sites Inventory and Appendix I for studies of privately-owned sites.
2A Extend and Enhance ADU Incentive Program (Task 1 of 3) Process an extension of the current incentive program by May 2022. May 2022 Complete. City Council adopted Ordinance No. 988 extending the current incentive program - May 2022.
2A Extend and Enhance ADU Incentive Program (Task 2 of 3) Prepare an economic study and zoning assessment. January 2023 Complete. Prepared and completed feasibility study that identified incentives to expand program and presented to City Council - January 2023.
2A Extend and Enhance ADU Incentive Program (Task 3 of 3) Process ordinance to incorporate additional incentives and/or program modifications to increase participation in the program. (Ordinance to add incentives/modify program)
December 2023
Complete. City Council adopted ADU Incentive Program Ordinance No. 1003 for enhanced ADU Incentive Program December 4, 2023. Refer to infomration on City website: https://www.delmar.ca.us/DocumentCenter/View/8956/Final-ADU-Incentivesreport 2B ADU Amnesty Program
Establish ADU Amnesty Program to allow owners with unpermitted ADUs to legalize the ADUs so that the City can count them toward its inventory. The intent is to spur production of units for moderate and low-income households. (Resolution/Ordinance)
December 2023
Complete. City Council adopted policy by Resolution No. 2023-48 on December 4, 2023.

Refer to information on City website:
https://www.delmar.ca.us/DocumentCenter/View/8945/Resolution-2023-48-signed 2C Promotion of Deed-Restricted Low Income ADUs
Develop outreach materials to promote deed restricted low income ADUs with goal to reach at least 15 low income ADUs to meet RHNA. (Web update/outreach)
December 2023
Complete. Created dedicated web page and newsflash articles for program as initial outreach effort - May 2022. Additional outreach and promotion occurred with completion of the ADU incentive program ordinance and will occur again once the citywide ADU Ordinance gains final certification from CCC. Refer to information on City website:
https://www.delmar.ca.us/814/ADU-Incentive-Program
2D Tracking of ADU Progress
ADU progress is reported as part of Annual Progress Reports that are presented to the City Council and submitted to HCD on an annual basis in March each year. (Spreadsheet tracking & reports to Council)
Ongoing annual actions
APR reports to-date show that ADU production from 2020-2024 has been the most successful strategy toward local production of net-new housing units for the 6th Cycle in the moderate and above moderate household income categories. 2E Mid Cycle ADU Production Evaluation
Conduct a mid-cycle progress evaluation that accounts for the cumulative 2021-2024 production as reported to HCD in April 2025.

Process additional amendments to the ADU Incentive Program if needed to spur production of ADUs for low-income households. (Spreadsheet tracking & potential ordinance)
April 2025
In-process. In FY2025-2026, City will prepare Mid Cycle ADU Production Evaluation that accounts for data collected in the 2024 APR report to HCD (March 2025) and identifies potential new opportunities to create low income ADUs to reach HE goal of at least 15 ADUs for low income households. The City is currently looking at options for use of consulting services via the Cycle 2 regional HAP technical assistance resources. 2F Tiny Houses (Task 1 of 2)
Process an ordinance to clarify tiny houses are allowed in accordance with the ADU regulations. Identify additional circumstances where tiny houses can be allowed. The intent is to spur production of units for moderate and low-income households. (Ordinance/LCPA) December 2023 (for City Council adoption) Complete. The City Council adopted ADU Ordinance No. 1002 on December 18, 2023, which included implementation of regulations for Tiny Homes. 2F Tiny Houses (Task 2 of 2) Obtain Coastal Commission certification. N/A In-process. The Ordinance/LCPA is currently pending Coastal Commission certification with an anticipated CCC hearing date in March 2025.
3A Agreement with the State to Building Affordable Housing Units on State Fairgrounds Property (Task 1 of 7)
Prepare an economic study and identify potential funding sources for affordable housing on State Fairgrounds June 2022
Complete. Completed Phase I architectural concepts and economic studies of market conditions, assessment of senior housing and family housing multi-unit product types, and identification of potential funding sources for affordable housing on State Fairgrounds – June 2022. Refer to studies in Housing Element Appendix E and the supplemental 2023 studies (southeastern Fairgrounds site) on City website: https://www.delmar.ca.us/852/6thCycle-Housing-Element-Program-Implem

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 16 March 3, 2025 Item 05
3A Agreement with the State to Building Affordable Housing Units on State Fairgrounds Property (Task 2 of 7) Select affordable housing consultant July 2022 Complete. Selected and executed agreement with affordable housing consultant - July 2022.
3A Agreement with the State to Building Affordable Housing Units on State Fairgrounds Property (Task 3 of 7)
Initiate process to secure a binding agreement with the State’s 22nd District Agricultural Association (DAA) and General Services Department. The objective is to secure approval of a binding agreement with the State by April 2024 that will allow development of at least 54 lower income units on the State Fairgrounds property (located within the City of Del Mar) that will allow the units to be counted towards the City’s RHNA. (Agreement)
April 2024
Complete. An Exclusive Negotiating Rights Agreement (ENRA) was executed in March 2024 after approval by the 22nd DAA (February 20, 2024) and the City Council (March 4, 2024). The purpose of the ENRA is to identify a mutually agreeable site on 22nd DAA property within Del Mar for development of affordable housing, complete site due diligence, and negotiate mutually acceptable terms for a ground lease for affordable housing development. In an overlapping timeframe, the State and SANDAG allocated $1.5 million in HAP grant funds (2024-2026) for pre-development studies to facilitate project implementation as further described below.
3A Agreement with the State to Build Affordable Housing Units on State Fairgrounds Property (Task 4 of 7)
Secure grant funding for affordable housing project with at least 54 lower income units on the State Fairgrounds property (Agreement) Cycle 2 Housing Acceleration Program
Grant Funds January 2024 - March 2026
In-process. City was awarded Cycle 2 HAP Grant funds for the Fairgrounds Affordable Housing capital project in 2023. The City's executed grant agreement with SANDAG/HCD covers the time frame of January 2024-March 2026 for use of funds to complete pre-development studies to implement the ENRA tasks as necessary to build at least 61 lower income units by June 2031. City staff and 22nd DAA staff coordinated preparation of task orders for consultant services to complete a variety of predevelopment due diligence studies per the HAP grant agreement and ENRA. 3A Agreement with the State to Build Affordable Housing Units on State Fairgrounds Property (Task 5 of 7) Negotiate ground lease. October 2025 (per HAP Grant schedule) Not started. Will be initiated once site is selected by December 2025. 3A Agreement with the State to Build Affordable Housing Units on State Fairgrounds Property (Task 6 of 7) Solicit and select developer. July 2026 Not started. Will be initiated once site is selected by December 2025. 3A Agreement with the State to Build Affordable Housing Units on State Fairgrounds Property (Task 7 of 7) CEQA and entitlements. August 2028 (per HAP Grant schedule) In-process. Pre-development study task orders and MOU with 22nd DAA for use of grant funds are in process of preparation. The City completed preliminary design of the Living Levee/public trails project along the San Dieguito lagoon (June 2024) and has multiple task orders in process to implement the project by 2027. 3B Feasbility/Suitability of Affordable Housing on Publicly Owned Sites (Task 1 of 5)
Conduct Phase I economic study and zoning assessment of three publicly owned sites in the sites inventory including the State Fairgrounds and two City-owned vacant lots on 10th Street and 28th Street. Prepared site-specific concepts for multi-unit product types that are eligible for tax credit programs, estimated costs, and identified potential funding sources for development of affordable housing. Sitespecific implementation via Programs 1H and 3A. (Economic study/zoning assessment)
June 2022 Complete. Completed Phase I feasibility studies of publicly-owned properties – June 2022.
3B Feasbility/Suitability of Affordable Housing on Publicly Owned Sites (Task 2 of 5) Select affordable housing consultant. April 2024 Complete. City selected affordable housing consultant July 2022. 3B Feasbility/Suitability of Affordable Housing on Publicly Owned Sites (Task 3 of 5) Solicit potential non-profit partners. April 2024 Complete. Created a list of potential non-profit partners. The City met with the San Diego Housing Fund (April and June 2024) and has been attempting to resume collaboration on development interest for potential small affordable housing projects on the City-owned sites and other sites where HE site feasibility studies were completed. 3B Feasibility/Suitability of Affordable Housing on Publicly Owned Sites (Task 4 of 5)
Seek City Council decision to pursue City development project or alternative strategy December 2025
In-process. The City will be applying for Smart Growrth Incentive Program Grant funding ($3.5 million) by April 2025 deadline to use funds for pre-development studies, development plans, CEQA documentation, and entitlements to develop the City-owned 10th Street site. This is also intended to prepare and secure issuance of building permits for 4 to 8 lower income units on the 10th Street site by 2027. The Progam 1H Ordinance/LCPA in process with Coastal Commission is applicable to the City's 28th Street site and is still in process with CCC for final certification which is anticipated to occur by June 2025. The City Council will determine next steps for the 28th Street site at a future date.
3B Feasibility/Suitability of Affordable Housing on Publicly Owned Sites (Task 5 of 5) Secure building permits for at least 7 lower income units by 2027. December 2027 Not started. 4A Residential Care Facilities Process ordinance for compliance with State law (Ordinance/LCPA) December 2024 In-process. The City secured Cycle 2 HAP Grant funds for this project. The project was initiated in 2024 but has been on pause due to limited staff resources. Project work is anticipated to resume and be completed by the March 2026 HAP Grant deadline. 4B Emergecy Shelters, Transitional Housing and Supportive Housing, and Low Barrier Navigation Centers (Task 1 of 2) Develop procedures to connect public with resources.
(policy/procedures) December 2024
In-process. The City secured Cycle 2 HAP Grant funds for this project. The project was initiated in 2024 but has been on pause due to limited staff resources. Project work on the handouts and potential changes in policy/proecures by Resolution is anticipated to resume and be completed by the March 2026 HAP Grant deadline. 4B Emergecy Shelters, Transitional Housing and Supportive Housing, and Low Barrier Navigation Centers (Task 2 of 2) Process ordinance for compliance with State law. (Ordinance/LCPA) December 2024 In-process. Project work on the Ordinance/LCPA is anticipated to resume and be completed by the March 2026 HAP Grant deadline.
4C Shared Housing Program
Continue to offer shared housing program/free roommate referral services via Del Mar Community Connections and will market the program and take other actions necessary to assist with matching tenants with existing homeowners (Outreach)
Ongoing program.

This program is offered by Del Mar Community Connections. The City will receive an annual update on the services provided by this non-profit during the FY2025-2026 budget adoption process between March and June 2025. Once the City has lower income unit housing built, the City will expand on the Shared Housing Program to implement a marketing strategy to make the public aware of this resource. 4D Inclusionary Housing Ordinance (Task 1 of 2) Process amendments for compliance with State law (Ordinance) June 2024 Complete. City Council adopted Ordinance No. 1012 on October 7, 2024. 4D Inclusionary Housing Ordinance (Task 2 of 2)
Obtain Coastal Commission certification for companion Ordinance (Clean up amendments to NC and PC Zones for consistency with citywide ordinance).

In-process. City Council adopted Ordinance No. 1013 on October 7, 2024. Certification review is pending with Coastal Commission.
4E Condominium Conversions
Continue to implement existing processing requirements of Subdivision Map Act and mitigation requirements per DMMC

24.21.025 (Publish procedure/amend ordinance with Program 4D) June 2024 Complete. City Council adopted Ordinance No. 1012 on October 7, 2024. 5A Expand Allowance for the Renovation and Improvement of existing Multi-Unit Structures with Non-Conformities
Continue to allow retention of non-conforming structures with three or more units to renovate and make improvements to these existing multiple dwelling unit structures. Expand to incentivize creation of low income units. Monitor the number of projects that utilize this program and identify the number of units conserved or rehabilitated where applicable. (Procedure/Ordinance)
December 2023
Complete. City Council adopted Ordinance No. 1003 for enhanced ADU incentive program December 18, 2023, which included additional incentives for multi-unit structures. The program is intended to encourage property owners to deed restrict existing older units, some of which are already occupied by lower income households participating in the City's rental subsidy program, and in exchange be granted the ability to develop new market rate units on-site.
5B Require Housing Impact Statements in Reports Adopt City Council policy and procedure for inclusion of housing impact statement in staff reports. February 2022 Completed. City Council adopted Policy No. 118 in February 2022. 5C Preserve Existing Housing Stock/Short Term Rental Controls (Task 1 of 4)
Continue to establish policies and programs that more effectively address regulations for short term rentals as a means to preserve long term housing stock (Ordinance/LCPA)
Ongoing
Ongoing. The City Council approved a policy approach to accommodate Existing STRs in operation prior to adoption of the STR Regulations per Ordinance No. 1010 adopted by City Council in September 2024. The Ordinance/LCPA is pending certification by the Coastal Commission, which is anticipated to occur in 2025. 5C Preserve Existing Housing Stock/Short Term Rental Controls (Task 2 of 4)
Extend STR Forbearance Council Resolution to defer enforcement against existing STRs in operation prior to April 2016. January 2023 Complete. Extension of Forbearance Resolution adopted January 2023. 5C Preserve Existing Housing Stock/Short Term Rental Controls (Task 3 of 4)
Execute task order with consultant for data collection on existing STRs January 2023
Complete. Executed task order January 2023. Consultant (DTA) collected data through June 2023 on existing STRs. The information was presented to the City Council in July 2023. In September 2023 the City established a voluntary registry for existing STR owners to register with the City to help inform preparation and adoption of the Ordinance.

The data collected through the registry indicated the existing STRs represent approximately 5% to 6% of the City's existing housing stock. 5C Preserve Existing Housing Stock/Short Term Rental Controls (Task 4 of 4)
Process Ordinance/LCPA as a measure to reduce the City's high vacancy rate closer to 5% December 2024 (for City Council adoption) In-process. Ordinance/LCPA adopted by City Council September 2024. Pending Coastal Commission certification process, which is anticipated to occur in 2025. 6A SB 35 Streamlining - Notice of State Law Exemption for Coastal Cities
Provide notice to the public that the City of Del Mar is a coastal city that is exempt from SB 35 (Post notice on web page) February 2022 Complete. Published notice on City web page of local exemption from SB 35 because the City of Del Mar is a coastal city in the jurisdiction of the California Coastal Commission in January 2022.
6B Affirmatively Furthering Fair Housing per AB 686 (Task 1 of 8) Create new housing opportunities at a range of income levels and remove other barriers within the City's control, including a suite of actions to create new opportunities for housing mobility and relocation to and within Del Mar, with the goal of creating 100 additional housing opportunities beyond RHNA.

Ongoing program.

Multiple ordinances to incentivize development of low-income units by December 2023 (Programs 1D, 1I, 2A, 5A). Multiple ordinances to create opportunities beyond RHNA by April 2024 (Program 1D, 1C, 1F, 1H, 2A, 2B, 2F). Senate Bill 9 Ordinance adopted June 2023. Multiple ordinances to address housing for special needs populations by June 2024. Publish fair housing materials in English and Spanish by June 2024. 6B Affirmatively Furthering Fair Housing per AB 686 (Task 2 of 8) Expand zoning capacity. June 2022 Complete. Satisfied by completion of HE Programs 1A and 1B. In addition, the City Council adopted the Ordinance/LCPA for Senate Bill 9 in June 2023 (currently pending Coastal Commission certification in 2025). Existing opportunities for development of ADUs and JrADUs have resulted in bulk of net new housing units in the City's 6th Cycle. 6B Affirmatively Furthering Fair Housing per AB 686 (Task 3 of 8) Amendments to create additional opportunities. Ongoing. In-process. The City has multiple ordinances at various stages in the process relating to programs 1C, 1D, 1H, 1I, 2A, 2B, 2F, and 5A.
17 March 3, 2025 Item 05
6B Affirmatively Furthering Fair Housing per AB 686 (Task 4 of 8) Actions that Focus on Special Needs including Fair Housing materials in English and Spanish. Ongoing.

In-process. The City immediately posted fair housing materials, and continually updates, with community assistance resources on City webpage, such as the Del Mar Community Connections resources (Programs 4C, 7C, 7G, and 7H). The City also has resolutions and ordinances at various stages in the process including programs 4A and 4B, and prorgram 6E (Environmental Justice Element). Processing will include multiple public meetings for public education and outreach regarding fair housing that includes protected groups.
6B Affirmatively Furthering Fair Housing per AB 686 (Task 5 of 8) City staff fair housing training with Legal Aid Society of San Diego December 2023 Complete. City staff initiated its annual fair housing trainings on October 3, 2023 and September 26, 2024, and will continue to hold these trainings on an annual basis. 6B Affirmatively Furthering Fair Housing per AB 686 (Task 6 of 8) Mid-Term evaluation to evaluate the effectiveness of strategies of promoting affordable housing and special needs housing
opportunities.

December 2026
In-process. In FY2025-2026, the City will be pursuing an update to its Reasonable Accommodations regulations, as well as program 1D (Affordable Housing Overlay Zone) and preparation and publishing of fair housing materials in English and Spanish as part of Programs 4A/4B implementation.
6B Affirmatively Furthering Fair Housing per AB 686 (Task 7 of 8) Implement beach parking pass program for lower income households June 2023 Complete. Low income beach parking pass program implemented in December 2023. As of December 2024, 17 passes had been issued.
6B Affirmatively Furthering Fair Housing per AB 686 (Task 8 of 8) Participate in regional efforts, partner with organizations to review and refer discrimination complaints, and implement various actions including annual coordination in regional efforts to partner on strategies to address homelessness (Program 7J) (Outreach and funding)
Ongoing.

Through the City of Del Mar’s Community Support Funding Program, the City provided funding to the Regional Task Force on Homelessness (RTFH) to support the 2024 Point in Time Count that took place on January 25, 2024. In addition, staff in the City Manager’s Office attended meetings with RTFH to collaborate on geographic-based ByName-Lists, receive technical assistance, and share data regarding homelessness in Del Mar and throughout San Diego County.
6C Continue Data Collection and Compliance with the Coastal Act and Housing Element-Related Requirements applicable to the Coastal Zone, including State-Mandated Accommodation of Housing Development Capacity
Continue to collect data and maintain records regarding affordability.

Work with the Coastal Commission and HCD to “harmonize” the Coastal Act and State Housing laws and identify a strategy to best accommodate future development capacity as assigned to the City for the 6th Cycle. (Spreadsheet tracking and annual reports) Ongoing.

The City continues to collect data and maintain records regarding affordability levels of units produced and has effective measures in place to address how proposed development can potentially impact existing households. The City continues to work with the Coastal Commission and HCD to “harmonize” the Coastal Act and State Housing laws.
6D Solar Panel Installation Partnership Partner with Renewable Cities San Diego to install solar on housing for lower income households (Resolution) December 2024
In-process. This is being implemented in conjunction with Climate Action Plan implementation. The City is analyzing available programs through organizations like the Clean Energy Alliance or Center for Sustainable Energy to install solar on multi-unit, lower income housing to meet renewable energy goals in the Climate Action Plan. 6E Environmental Justice Element
Process Community Plan Amendment to establish policies to reduce community health risks and address Affirmatively Furthering Fair Housing Issues per Assembly Bill (AB) 686. (General Plan Amendment)
June 2023 In-process. Staff is working to finalize a draft for public review and processing. Next steps will be Planning Commission hearing and City Council approval to complete. 6F Vote Threshold for Housing-Related General Plan Amendment Explore whether to modify local vote threshold for super majority to apply State’s simple majority (Study and potential ordinance/public vote)
Ongoing
No action required. Determined local vote threshold requiring a super majority vote (instead of simple majority) is not an impediment. Will involve ongoing consultation with City Attorney to ensure no actual conflict with State law. 6G Objective Design Standards Prepare and process objective design standards for housing that is eligible for by-right processing (Ordinance) June 2024 Complete. Ordinance and Objective Design Standards Manual adopted by City Council in September 2024. Ordinance No. 1011 6H Safety Element (Task 1 of 2) Coordinate with CalFire and State Board of Forestry. N/A In-process. Staff is working with CalFire to finalize a draft for public review and processing. Next steps will be State Board of Forestry hearing, Planning Commission, and City Council approval to complete.
6H Safety Element (Task 2 of 2) Process Community Plan Amendment to update the existing Safety Element (General Plan Amendment) June 2023 In-process. Next steps will be State Board of Forestry hearing, Planning Commission, and City Council approval to complete. 7A Housing Funding Resources Including Housing Assistance and Housing Reserve Funds
Continue to make funds accrued in the Housing Assistance Reserve fund available for affordable housing. Ensure that the funds remain available for at least four lower income households via rental subsidy and/or for new affordable housing (i.e., for the acquisition of land and construction of affordable units to be made available for individuals or families of extremely low, very low or low-income levels). (Annual report to City Council with budget)
Ongoing
Reports will be completed on an annual basis demonstrating that the funds remain available for at least four lower income households via rental subsidy and/or for new affordable housing.
7B Interfaith Partnership Opportunities Continue to encourage inter-faith shelter network rotating shelter and St. Peter’s Helping Hands (Annual report to City Council with budget) Ongoing Reports will be completed on an annual basis demonstrating how various partners, including interfaith partners (i.e., St. Peters), facilitate provision of homeless assistance resources in Del Mar
7C Resources for Persons with Disabilities
Publish a resource list of programs and opportunities for persons with disabilities (Updated list to be published within 3-6 months of Ordinances processed per Programs 4A and 4B)
Ongoing Reports will be completed on an annual basis identifying available assistance resources for persons with disabilities
7D Housing Choice Voucher Program Contract with the County of San Diego for Housing Choice Voucher Program (Resolution to process contract) Ongoing
The City continues to contract with the Housing Authority of the County of San Diego for administration of housing assistance programs for the City of Del Mar. Links to County resources are provided on the City's webpage with other fair housing resources. 7E Fee Waiver Program Continue the fee waiver program (Resolution to extend fee waiver if needed) Ongoing Reports will be completed on an annual basis identifying any applications where fee waivers are granted to facilitate production of affordable housing. 7F Monitor and Respond to Complaints of Constraints to Housing for Lower Income Households and Persons with Disabilities
Monitor and respond to complaints of constraints to housing for lower income households and persons with disabilities such as impediments to maintenance, improvement, or development of such housing.

Continue to work with local non-profits to connect people with assistance and resources. (Annual report to City Council with budget) Ongoing
No complaints have been received. Reports will be completed on an annual basis identifying if any complaints were filed, the status, and the steps taken to resolve complaints. In FY2025-2026, the City will be pursuing an update to its Reasonable Accommodations regulations.
7G Senior Housing Resources and Assistance Continue to partner with Del Mar Community Connections (Resolution to extend contract) Ongoing
The City is processing its ADU ordinance with the Coastal Commission. Once certified, the ordinance will take effect and the City will initiate efforts to collect data on existing constructed ADUs and potenital opportunities for student rentals. Once that information is available, reports will be completed on an annual basis identifying available assistance resources for seniors.
7H Student Housing Resources and Assistance Connect students with affordable housing options in Del Mar, including ADUs (Outreach/Resource list) Ongoing.

The City is processing its ADU ordinance with the Coastal Commission. Once certified, the ordinance will take effect and the City will initiate efforts to collect data on existing constructed ADUs and potenital opportunities for student rentals. Once that information is available, reports will be completed on an annual basis identifying available assistance resources for students.
7I Database of Community Assistance Programs Maintain list of community assistance programs (Resource list) Ongoing On an annual basis, the community assistance programs list will be maintained and updated.
7J Efforts to Reduce Homelessness
Continue to collaborate with San Diego Regional Task Force on Homelessness (RTFH) including point in time counts and other partnership opportunities. Connect individuals and businesses seeking available services to address homelessness including coordination with the County-sponsored outreach worker for Del Mar, County’s Mobile Crisis Response team (MCRT) and the Sheriff’s Department Crime Prevention team. Adopt a City Council Resolution in support of Senate Bill 1338 (Completed June 2022).

Ongoing
City Council adopted a City Council Resolution in support of Senate Bill 1338 (CARE Court compassionate care strategy) on June 6, 2022. The City continues to collaborate with the San Diego Regional Task Force on Homelessness (RTFH) Through the City of Del Mar’s Community Support Funding Program, the City provided funding to the RTFH to support the 2024 Point in Time Count that took place on January 25, 2024. In addition, staff in the City Manager’s Office attended meetings with RTFH to collaborate on geographic-based By-Name-Lists, receive technical assistance, and share data regarding homelessness in Del Mar and throughout San Diego County. The City coordinates with its assigned County-sponsored outreach worker for Del Mar and the County’s Mobile Crisis Response team (MCRT) to connect individuals seeking available services to address homelessness. The City also helps connect local businesses with the Sheriff’s Department Crime Prevention team for assistance with services to address homelessness.
18 March 3, 2025 Item 05
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Martin Boyd, Principal Engineer
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: March 3, 2025
SUBJECT: Resolution Establishing Date for Utility Undergrounding District 1A (Stratford Court South) Properties to be Ready to Receive Underground Utility Service
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council conduct a public hearing to adopt a Resolution (Attachment A) establishing the date by which Underground Utility District 1A (Stratford Court South) properties must be ready to receive underground service in accordance with Del Mar Municipal Code (DMMC) Section 23.54.030.

BACKGROUND:

The City of Del Mar continues to implement the citywide Undergrounding Program (UP), which will remove utility poles and replace overhead cables for electricity and telecommunications with underground lines. A map of the planned citywide Utility Undergrounding Districts (UUDs) is included with this report as Attachment B.

On July 12, 2021, the City Council authorized formation of UUD 1A (Stratford Court South). UUD 1A was identified as the next district after completion of the Tewa Court/10th Street UUD pilot project on February 8, 2023. UUD 1A includes 56 poles and 7,500 linear feet of overhead conversion to 11,165 linear feet of underground trench from 4th Street to 12th Street west of Camino del Mar, including 227 properties and 464 residences. Fiftyfour properties (which include seventy-four homes or buildings) require undergrounding of their private service lateral at the expense of the property owner. A map of UUD 1A is included as Exhibit A to Attachment A.

Following the public bid solicitation process in mid-2024, the City awarded a construction contract to Teichert Utilities on July 8, 2024, and a notice to proceed was issued in August 2024. The City’s undergrounding construction activities are primarily for trenching and installation of conduit and substructures. Additionally, completion of the project necessitates close coordination with the utility companies – San Diego Gas & Electric (SDG&E), AT&T, and Charter Communications/Spectrum.
1 March 3, 2025 Item 06
City Council Agenda Report
Resolution Establishing Date for UUD 1A (Stratford Court South) Properties to be Ready to Receive Underground Utility Service
March 3, 2025

Page 2 of 3 ends

The City's construction activities are progressing on schedule, with substantial completion expected in March 2025. Most of the remaining trenching and installation of conduit and substructures is for Melanie Way and directly adjacent on Stratford Court, which was pending a field change order from SDG&E due to unforeseen conditions. Property owners are progressing with the installation of service lateral conduits, with most on track for overall completion by May 2025. Telecommunication companies are currently working in Work Zone 1, and will begin construction in Work Zones 2 and 3 once City construction activities are finished. SDG&E plans to begin their construction activities in April 2025, following the conclusion of their bidding process in March 2025. While overall project completion is projected for the end of the year, a more precise timeline will be determined once SDG&E concludes their bidding process.

DISCUSSION/ANALYSIS:

To date, Teichert Utilities has completed installation of conduit and substructures for most of the district, and most property owners have been notified to proceed with installation of service lateral conduits as required by DMMC Section 23.54.090. The undergrounding program team has notified property owners in the order that the City has completed construction activities, from Work Zones 1 to 3, starting on November 26, 2024.

Exceptions include certain streets where adjustments were made based on field conditions.

Many undergrounding district residents have started or completed their lateral conduits.

The next step is for the utility companies to complete the installation of their wires underground and then proceed with removing the utility poles. However, this next step requires all property owners to complete installation of their lateral conduits.

Pursuant to DMMC Section 23.54.030, a Council resolution is required to formally establish the date by which properties within the UUD must be ready to receive underground service. The resolution is needed in the event any property does not comply and requires enforcement per DMCC Section 23.54.100. Staff recommends establishing the following dates, which are feasible and reasonable dates to complete the work, based on when the property owners were or will be notified. A map of UUD 1A with the dates is included as Exhibit A to Attachment A.

1. March 3, 2025, deadline for the properties within Work Zone 1. Work Zone 1 includes properties on Stratford Court from 4th Street to 6th Street, and 4th Street; and

2. March 28, 2025, deadline for properties within Work Zone 2, excluding those residing on Little Orphan Alley and 9th Street. Work Zone 2 includes properties on Stratford Court from 6th Street to 9th Street, as well as Sherrie Lane, Little Orphan Alley, and 9th Street; and
2 March 3, 2025 Item 06
City Council Agenda Report
Resolution Establishing Date for UUD 1A (Stratford Court South) Properties to be Ready to Receive Underground Utility Service
March 3, 2025

Page 3 of 3 ends

3. April 10, 2025, deadline for properties within Work Zone 3, excluding those residing on Melanie Way, but including those residing on Little Orphan Alley and 9th Street. Work Zone 3 includes properties on Stratford Court from 9th Street to 12th Street, as well as Melanie Way, 10th Street, Penny Lane, Sea Orbit Lane, and Pacific Lane; and

4. May 14, 2025, deadline for properties on Melanie Way.

Furthermore, staff will return with a subsequent resolution to establish the date by which all overhead facilities, including utility poles, overhead wires and associated overhead structures in the UUD shall be removed pursuant to DMMC Section 23.54.030. Staff anticipate the resolution will be brought to City Council in April 2025, along with SDG&E’s preliminary cost invoice, which is anticipated to be provided to the City by the end of March.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15302(d) (Class 2) in that the project includes the undergrounding of public utilities where the surface will be restored to the existing condition, and CEQA Guidelines Section 15304 (Class 4) in that any grading required to provide access to utilities constitutes a minor alteration in the condition of the land. The proposed project has been designed based on recommendations in an Arborist’s Report titled “City of Del Mar Assessment of Torrey Pines” prepared by West Coast Arborists dated June 3, 2021 to avoid impacts and/or the removal of healthy, mature, scenic trees as a result of the proposed activities (report is on-file with the City of Del Mar, 1050 Camino del Mar, Del Mar, CA 92014). It has been further been determined that none of the six exceptions to the use of a categorical exemption would apply to this project (CEQA Guidelines Section 15300.2) and the project has been designed to avoid sensitive environmental resources.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Utility Undergrounding is listed as a Tier 1 City Council priority for FYs 2023-2024 and 2024-2025.

ATTACHMENTS:

Attachment A – Resolution Establishing the Date by Which Properties in UUD 1A (Stratford Court South) Must Be Ready to Receive Underground Service Exhibit A to Attachment A – UUD 1A Stratford Court South Map Dates Attachment B – Citywide Undergrounding Program Map
3 March 3, 2025 Item 06

ATTACHMENT A
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ESTABLISHING THE DATE BY WHICH
UNDERGROUND UTILITY DISTRICT 1A (STRATFORD COURT

SOUTH) PROPERTIES MUST BE READY TO RECEIVE

UNDERGROUND SERVICE
WHEREAS, on July 12, 2021, the City Council of the City of Del Mar adopted Resolution 2021-37 establishing District 1A (Stratford Court South) as a designated and declared Underground Utility District (“UUD”) of the City of Del Mar; and WHEREAS, the UUD is in the general public interest and includes public benefits such as an improved pedestrian and bicycle environment, increasing foot traffic, reduced risk of fire or power outage from downed poles or lines, and improved aesthetics within the district; and
WHEREAS, the removal of all poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, and similar or associated service within the UUD is required in order to fulfill the goal of the UUD; and
WHEREAS, the time within which property in said district must be ready to receive underground service and by which poles, overhead wires and associated overhead structures shall be removed shall be set by subsequent resolution, pursuant to Section

23.54.030 of the Del Mar Municipal Code; and
WHEREAS, a reasonable time shall be allowed for removal and underground installation, having due regard for the availability of labor, materials, and equipment necessary for such removal and for the installation of such underground facilities; and WHEREAS, property owners within Work Zone 1 of the UUD were notified on November 26, 2024 to install underground service laterals by January 26, 2025, which is a feasible and reasonable date to complete work. Work Zone 1 includes properties on Stratford Court from 4th Street to 6th Street, and 4th Street; and WHEREAS, property owners within Work Zone 2, excluding those residing on Little Orphan Alley and 9th Street, of the UUD were notified on January 27 and 28, 2024 to install underground service laterals by March 28, 2025, which is a feasible and reasonable date to complete work. Work Zone 2 includes properties on Stratford Court from 6th Street to 9th Street, as well as Sherrie Lane, Little Orphan Alley, and 9th Street; and WHEREAS, property owners within Work Zone 3, excluding those residing on Melanie Way, but including those residing on Little Orphan Alley and 9th Street, of the UUD were notified from February 3 to 10, 2024 to install underground service laterals by April 10, 2025, which is a feasible and reasonable date to complete work. Work Zone 3 includes properties on Stratford Court from 9th Street to 12th Street, as well as Melanie Way, 10th Street, Penny Lane, Sea Orbit Lane, and Pacific Lane; and 4 March 3, 2025 Item 06
Resolution 2025-XX

Page 2 of 3 ends

WHEREAS, property owners on Melanie Way of the UUD will be notified around March 14, 2024 to install underground service laterals by May 14, 2025, which is a feasible and reasonable date to complete work.

WHEREAS, the time by which poles, overhead wires and associated overhead structures shall be removed shall be set by subsequent resolution.

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

1. The above recitals are true and correct.

2. By Council action, March 3, 2025, is hereby established as the date by which the properties within Work Zone 1 of the District 1A (Stratford Court South) must be ready to receive underground service.

3. By Council action, March 28, 2025, is hereby established as the date by which the properties within Work Zone 2, excluding those on Little Orphan Alley and 9th Street, of the District 1A (Stratford Court South) must be ready to receive underground service.

4. By Council action, April 10, 2025, is hereby established as the date by which the properties within Work Zone 3, excluding those on Melanie Way but including those on Little Orphan Alley and 9th Street, of the District 1A (Stratford Court South) must be ready to receive underground service.

5. By Council action, May 14, 2025, is hereby established as the date by which the properties on Melanie Way of the District 1A (Stratford Court South) must be ready to receive underground service.

6. The City Clerk is hereby directed to notify all affected property owners as shown on the last equalized assessment rolls of the adoption of this Resolution within fifteen (15) days after the date of such adoption, and that that the work required to change the facilities on the premises so as to receive electric, communication, or community antenna television or similar or associated service provided or to be provided by the utility company shall be accomplished on or before the applicable date set forth in the Resolution, as shown in Exhibit A, in accordance with Section 23.54.070 of the Del Mar Municipal Code.

7. The City Clerk is hereby directed to record a certified copy of this Resolution with the office of the County Recorder, in accordance with Section 23.54.030 of the Del Mar Municipal Code.
5 March 3, 2025 Item 06
Resolution 2025-XX

Page 3 of 3 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 3rd day of March, 2025. _____________________________________
Terry Gaasterland, 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. 2025-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 3rd day of March, 2025 by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
6 March 3, 2025 Item 06
Stratford Ct.

Utility Undergrounding District 1A (UUD 1A) - Stratford Court South Pacific Ln. 611 613
615 639 703 0
709
711
717
715 713
155 157
151 149
143 141
137 135
125 127
119
156
154 152
140
136 134
128 126
120 118
110 111
0 0
832
730
152 151
143
129
123
119
113
818
152
142
134 131
128
120
110
828 157
147
113
0 135
1206 1224 1220 147
1145
151 153
149
1104
143
135
0 119
111
101
0 0
1030
1010
950
922 920910 142
156 154
159 157 158 149 140
134 136
123
116
110
118
106
100
137
125
121
123
119
111
107
101
152
146144
150
136 138
128
120
100
931
111 113
119
129
141
149
106
116 114
120
128
138 134
217 1047 1035219225234 220 1023 1005215931919903 910 944 231233 227 221223 240 236 232 222 Stratford Ct.

Stratford Ct.

Penny Ln.
4th Street
6th Street
7th Street
Camino del Mar
8th Street
Shippley Ln.
9th Street
12th Street
10th Street
201 390 423 427 230 232 234 411 419 220224 415 226 228 210 212214 216 218 404
402
412
410
424 510526 516 425 5171/2 501-517 519 710 531 541 543 159 533 157
151 149
135 132
127
117 118
126
141 144
132
150
158 155
553
551 601
Sherry Ln.
603
Sea Orbit Ln.

Little Orphan Alley
Stratford Ct.

Melanie Wy.
905 06/15/2021
LEGEND Description
District Limits
Trench Work Beyond District Limits 11th Street
0 222 142
151
1050
1012
940
151
143
146
921
133
153
820 750
131
115
158
120
133
143
522
141
108
112
128
1/2
117
152
526
B,C,D,E 244 10231/2 227

DEL MAR
CITY HALL 1050 0
129
D-G
www.delmar.ca.us/up
7 March 3, 2025 Item 06

ATTACHMENT B
8 March 3, 2025 Item 06
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Nestor Machado, Management Analyst
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: March 3, 2025
SUBJECT: Initial Consideration of an Appeal of Encroachment Permit (EP) 24-109 EP Appellant: Felix Wohlleben
Appellant’s Address: 328 8th St. (APN: 300-222-26-00)
EP Applicant: Stephen Wolff
Applicant’s Address: 327 9th St. (APN: 300-222-04-02)
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council uphold the approval of Encroachment Permit EP24-109 (Attachment A) and not set the appeal for a de novo hearing.

BACKGROUND:

In January 2025, the City of Del Mar (City) began paving and drainage improvements for the undeveloped alley between 8th and 9th Streets, spanning from Hoska Dr. on the east to Camino del Mar to the west (Attachment B) as part of a Capital Improvement Project (CIP). This alley is informally known as “Hoska Alley.” Approximately 450 feet of the alley’s western portion is only accessible on foot due to the existing terrain. The eastern portion of the alley, which is approximately 300 feet, provides vehicular accessibility to ten properties. The scope of the City’s capital improvement project underway includes the installation of approximately 300 linear feet of asphalt paving with a three-foot-wide concrete “ribbon gutter” located in the center of the alley to control surface drainage. The new paving/gutter will connect with a short section of existing improved surface located at the eastern end of the alley. When construction is complete, native hydroseed will be planted that will grow into the existing native vegetation in the alley.

In preparation for construction, City staff identified that several private properties abutting the alley, both residential and commercial, have encroached into the alley with private 1 March 3, 2025 Item 07
City Council Agenda Report
Appeal of EP24-109 (Initial Consideration)
March 3, 2025

Page 2 of 6 ends

plantings, structural improvements (fences, patios, etc.), or both. On August 5, 2024, the City notified all property owners abutting Hoska Alley that any private encroachments into the alley that would interfere with the project would have to be removed by October 14, 2024. The notice also explained that any unauthorized encroachments a property owner would like to retain or reinstall following completion of the project would require an approved encroachment permit from the City. The project is now nearing completion.

Prior property owners of 327 9th Street, at some time in the past, had constructed a patio and planted tall privacy hedges within the public right-of-way (ROW) in the alley without City authorization. When informed of the unauthorized improvements associated with the property, the current owner (Stephen Wolff) removed the patio and vegetation from the alley as required.

On September 9, 2024, Mr. Wolff (Applicant) applied for a Long-term, Minor Encroachment Permit (EP24-109) to plant a row of eighteen (18) Ficus Nitida (Ficus) hedges along the southern property line of 327 9th Street (APN: 300-222-04-02) approximately one foot, eight inches into Hoska Alley (Attachment C). The Applicant’s planting of the hedges is to provide privacy to the rear (south) portion of the property and serves as a fall protection barrier, this is because the rear accessway around the partially subterranean home is approximately five (5) feet below the elevation of the property line at Hoska Alley.

On January 15, 2025, EP24-109 was approved with conditions to ensure that the planting of the hedges would not encroach more than one foot, eight inches into the ROW and must be maintained at a height of six-feet, in conformance with the maximum allowed height limit for a property boundary fence at the southern extent of the lot.

APPEAL/STAFF RESPONSES:

On January 30, 2025, the Appellant (Felix Wohlleben) filed an appeal with the City Clerk of the approval of EP24-109 (Attachment D). Below are the Appellant’s reasons for appeal (shown in bold text) with staff’s responses (shown in italics):

Appeal Point 1: The proposed hedges will, over time, become a nuisance and obstruct the Appellant’s view and will expand beyond three feet in the alley.

The Appellant’s property sits at grade with Hoska Alley. Mr. Wohlleben asserts that because the previous hedges and unpermitted encroachments from the Applicant’s property have been removed due to the City’s project, the Appellant now has an unobstructed ocean view to the north/northwest.

Staff Response:

The EP is conditioned to include maintenance of the proposed hedges to stay at a height of no more than six feet and encroach no more than one foot, eight inches into the alley 2 March 3, 2025 Item 07
City Council Agenda Report
Appeal of EP24-109 (Initial Consideration)
March 3, 2025

Page 3 of 6 ends

as depicted on the Applicant’s submittal plan. The height limit of six feet is consistent with fence height limits throughout the City to address potential view blockage issues.

Appeal Point 2: If another hedge were to be planted along the south side of the (Applicant’s) property, it would certainly be incompatible with the rest of the alley.

Most of the properties that abut Hoska Alley have fences in their backyards for privacy and security. The Appellant indicates that the proposed hedges would be visually incompatible with the surrounding area.

Staff Response:

While many properties have fences abutting Hoska Alley, some of the alley has been recently improved with the City’s current CIP project. The Applicant’s property at 327 9th Street is in the western portion of the alley, which has never been paved or formally improved, and will not be improved as part of the City’s current project with the exception of the installation of an underground drainage facility. Native hydroseed was planted in this portion of the alley that will eventually grow into the existing native vegetation to match the alley’s previous, unimproved condition. Due to the existing native vegetation, the proposed hedges would act as a safety barrier between the alley and the Applicant’s backyard since these areas are at different grades. In addition, some properties that abut Hoska Alley do not have fences and instead have native vegetation that extends into the Alley.

Appeal Point 3: Concerns regarding the recourse the Appellant would have if the hedges were not maintained.

Before the City’s project, the Applicant’s property had a row of 12–15-foot Ficus hedges that encroached more than 10 feet into Hoska Alley. Since this was an unpermitted encroachment, the Applicant was required to remove the hedges and other unpermitted encroachments to prevent interference with the City’s project.

Staff Response:

The conditional approval of EP24-109 includes Document Condition DC-1 [Recordation of a Covenant], which prior to the commencement of work, the Applicant shall record a covenant against the deed for the property benefited by the approved EP setting forth the terms and conditions of the Permit, including the requirement for the Applicant’s maintenance/responsibility to maintain the planted hedges at a maximum height of six feet and removal of the encroachment upon demand by the City. This document would be recorded with the County of San Diego; therefore, if the maintenance requirements are not met, it becomes enforceable by the City’s Code Enforcement Division. The Covenant runs with the land; therefore, if the property were to change ownership, the maintenance of the proposed hedges would fall under the responsibility of the new property owner(s).
3 March 3, 2025 Item 07
City Council Agenda Report
Appeal of EP24-109 (Initial Consideration)
March 3, 2025

Page 4 of 6 ends

APPLICANT’S RESPONSE
As part of the City’s appeal/initial consideration process, the Encroachment Permit Applicant has the opportunity to provide a response to the appeal. Below is a summary of the Applicant’s response, which is also attached as Attachment E.

The Applicant’s residence is the closest home on 9th Street to Camino del Mar. The property sits approximately five feet below Hoska Alley with a retaining wall along the southern property line (abutting the alley) due to the difference in grade. Prior to the start of the City’s project, the Applicant had a row of 12–15-foot Ficus hedges that were illegally encroached into the Alley. These hedges screened the Applicant’s property from public view. Since the removal of these unpermitted encroachments, the Applicant asserts that their privacy and security has been compromised. This is because the public may now has open access to the Applicant’s rear yard.

The Applicant’s proposal to plant a new row of Ficus hedges approximately one foot, eight inches into the alley would provide a natural form of screening, that he believes is more aesthetically desirable than a wooden fence. Furthermore, there is a grade difference of approximately five feet between the alley and the Applicant’s backyard. There are safety concerns (e.g., fall hazard) with not having a barrier between the property and the alley due to the grade difference. The Applicant’s proposal to plant a row of Ficus hedges could mitigate the risk of a fall hazard.

Lastly, the Applicant has agreed to record a covenant to ensure the hedges stay at maximum height of no more than six feet. A recorded covenant is standard for certain encroachments to ensure that the benefited property/owner cares for the encroachment.

CONCLUSION:

DMMC Section 23.28.020 defines a Long-term, Minor Encroachment Permit as any improvement designed to or having a permanent appearance and intended use for a period of 365 days or more and include but not limited to driveway aprons, pathways and walkways, and vegetation.

Pursuant to DMMC §23.28.070, there are six required findings to approve a Long-term, Minor Encroachment Permit that generally relate to public safety, intended use of the right-of-way, community character, aesthetics, and conversion of public land for private use. An EP shall only be approved if all six findings can be made.

Finding 1: That the issuance of the EP will not endanger public health, safety or welfare, or the surrounding property.

The proposed hedges will not endanger public health, safety or welfare, or the surrounding property. The proposed encroachments would act as a safety barrier between the Applicant’s backyard and the public ROW due to the grade differential discussed above.
4 March 3, 2025 Item 07
City Council Agenda Report
Appeal of EP24-109 (Initial Consideration)
March 3, 2025

Page 5 of 6 ends

Finding 2: That the issuance of the EP will not unreasonably interfere with the intended use of a City Right-of-Way or Easement.

The City has no plans to further develop Hoska Alley therefore, the proposed encroachments will not unreasonably interfere with the intended use of a City right-of-way or Easement. If the City identifies a need to further develop Hoska Alley, the EP is conditioned to remove the encroachments if the City determines that the encroachments will interfere with the use of the Alley.

Finding 3: That the issuance of the EP will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics.

The proposed encroachments will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics. There are many properties that abut Hoska Alley with backyard fences and there are some properties that do not have any form of fence or barrier between their property and the public ROW. Here, and unlike other residences, the proposed hedges will act as a barrier similar to the existing fences abutting Hoska Alley, and because the proposed hedges would only encroach one foot, eight inches into the alley, it would not materially reduce the width of the alley or the public’s use of the alley.

Finding 4: That the issuance of the EP will not cause an unnecessary change in the character of the community.

The Applicant previously had hedges encroaching more than 10 feet into Hoska Alley with no known record of complaints. The hedges were 12 – 15 feet in height; however, they were removed as an unpermitted encroachment that interfered with the City’s capital improvement project. The Applicant has requested to plant a similar row of hedges along his property line; however, they would only encroach one foot, eight inches into the alley and be required to be maintained at a height no more than six feet.

Finding 5: That the issuance of the EP will not be to the detriment of the interests of the general public.

The proposed encroachments do not interfere with existing public use of the surrounding public ROW. The proposed hedges under the conditionally approved EP will not interfere with City operations or its infrastructure improvements because the Hoska Alley capital improvement program will have already been completed by the time the proposed hedges are to be planted. Concerns regarding public view blockage have been addressed by adequately conditioning the EP to record a covenant to mitigate hedge height concern and any view blockages. Therefore, the conditionally approved EP will not be to the detriment of the interests of the general public.
5 March 3, 2025 Item 07
City Council Agenda Report
Appeal of EP24-109 (Initial Consideration)
March 3, 2025

Page 6 of 6 ends

Finding 6: The proposed Encroachment will not convert significant area of public property to private use.

The dedicated width of Hoska Alley is 20 feet. The proposed hedges would encroachment a maximum one foot, eight inches into the alley. Properties on 9th St. that abut Hoska Alley, including the Applicant’s property, have backyards that are at a lower grade than the alley. The Applicant has a retaining wall at the property line that is approximately five feet in height due to the alley being at a higher grade than the Applicant’s rear yard. The proposed hedges provide a benefit to public safety as the hedges would act as a safety barrier between the public alley and the Applicant’s backyard due to the drop-off.

Based on the findings above, staff recommends that the City Council uphold approval of EP24-109 (Attachment A) and not set the appeal for a de novo hearing.

FISCAL IMPACT:

There is no fiscal impact related to this agenda item as this is a private development proposal. All fees associated with the appeal were paid for by the Appellant.

ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in the California Environmental Quality Act (CEQA) Guidelines Section 15378(a)(1) 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.

ATTACHMENTS:

Attachment A – EP24-109 Conditional Approval
Attachment B – Vicinity Map
Attachment C – Encroachment Permit Plan
Attachment D – Appeal of EP24-109
Attachment E – Applicant’s Response to the Appeal
6 March 3, 2025 Item 07
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us January 15, 2025
Stephen Wolff
327 9th St.

Del Mar, CA 92014
Subject: Encroachment Permit (EP) 24-109 (327 9th St.)
By receipt of this letter of conditional approval of the requested EP and implementation of the development authorized therein, the applicant acknowledges that he/she has read and agrees to abide by all conditions of approval of the EP contained in this letter. The applicant also agrees to furnish a copy of the conditions of approval to the general contractor, or other party who will be responsible for project implementation, so that they too will be aware of the conditions of approval.

This letter is to notify you of the conditional approval of a long-term, minor Encroachment Permit EP24-109 to install 18 Ficus nitida hedges encroaching 1 ft. 8 inches into the public right-of-way.

The hedges are to be maintained at a height of 6 ft.

Please read all the conditions carefully prior to the commencement of any work. Note that gaps in numbering are intentional.

PARKING ENFORCEMENT AND COMMUNITY SERVICES CONDITIONS:

PE-1 [Abide by all Signage, Markings and Vehicle Codes] The applicant agrees to park legally at all times unless specifically authorized in advance via an Encroachment Permit. Any activity specifically approved must be adequately signed and monitored to ensure compliance with the encroachment permit and public safety.
a) All corners, sight lines, intersections and traffic lanes must be kept free from obstruction
b) Loading and unloading must occur actively and with minimal impact to traffic or pedestrians
c) All vehicles must stay well clear of all public and private driveways (minimum of 5 feet)
d) No parking that will obstruct bikes lanes or endanger pedestrians e) All vehicles will be currently registered with the state of California and display current tabs or temporary plates
f) All vehicles must be in compliance with vehicle code regulations regarding proper lights and relevant safety equipment
g) City meters must be paid and time limits followed with no exceptions Attachment A 7 March 3, 2025 Item 07
EP24-109 (327 9th St.)
Approval Letter
January 15, 2025
PUBLIC WORKS CONDITIONS:

PW-C [Custom Condition]
Supporting documents and landscape plan shall be attached to this record to memorialize the extent of the agreed encroachment and define property boundaries.

PW-3 [USA Markout]
At least 72 hours prior to the excavation of any area within a right-of-way, the applicant shall contact Underground Services Alert (USA) at (800) 422-4133 for the purpose of identifying the location of buried utilities so as to avoid disturbance thereof. All proposed dig or trench areas shall be pre-marked with white paint prior to contacting for USA markout. No work shall commence until USA markout has occurred.

The permittee is advised that the locations of utility lines may vary from those shown on project plans and that coordination with the appropriate utility companies is, therefore, imperative. Any damage or repair thereof to utility lines caused as a result of project implementation shall be the permittee’s responsibility. The applicant shall be responsible for removing or blocking out all pavement markings installed for the project immediately upon completion of the work authorized in the Encroachment Permit.

PW-6 [Location of Walls and Fences along Edge of Pavement] In order to allow for unimpeded access by pedestrians, all walls or other obstructions that would extend above grade shall be located a minimum of five (5) feet back from edge of pavement or where in existence, five (5) feet back of a curb. An exception to the five (5) foot-clearance requirement required herein may be allowed by the issuing authority for the Encroachment Permit finds that a reduced width is appropriate in order to avoid disturbance of the roots of an existing Torrey pine or Monterey cypress tree.

Where such an exception is allowed, the wall or other obstruction shall be designed and installed with a transition toward and away from the street using the radius necessary, as determined by the City Arborist and City Engineer, to insure the long-term health and preservation of the protected trees. Plans reflecting the requirement of this condition shall be submitted for the review and written approval of the Public Works and Planning Directors
PW-18 [Public Works Inspection]
Permittee shall schedule inspections with the Public Works Department (858) 755-3294 at least 24 hours prior to need as follows:
a. Sidewalk, Driveway, Curb and Gutter and other Concrete Work – Pre-pour and Final b. Street Excavation – T-Cut and Final
c. Sewer – Lateral Capping during Demolition and New Lateral Connection to Main d. All Other Encroachment Activity – Final
GENERAL ENCROACHMENT PERMIT CONDITIONS:

GEP-2 [EP – Indemnification]
Attachment A 8 March 3, 2025 Item 07
EP24-109 (327 9th St.)
Approval Letter
January 15, 2025
By accepting this permit and implementing the development authorized herein, the applicant agrees to indemnify, defend and save the City of Del Mar, its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liabilities, annoyances, or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to the application or by reason of the permittee's installation, operation, maintenance or removal of the encroachment.

GEP-3 [EP - Removal of improvements]
The applicant agrees that if any landscaping, irrigation, structure, tank, pipe, conduit, duct, tunnel, or other development for which this permit is issued is, at any point in the future, determined by the City to interfere with the use, repair or improvement of the subject easement, the applicant or his or her successors or assigns, shall remove the development within ten (10) days after the receipt of a written notice from the Director of Public Works to do so. The removal shall be accomplished at the expense of the applicant or his or her successors or assigns and shall be removed or relocated to the satisfaction of the Director of Public Works.

GEP-4 [EP - Compliance with Conditions]
The applicant hereby agrees to do all work and otherwise comply with the terms and conditions of this permit, and all applicable rules and regulations of the City of Del Mar and/or other public agency.

GEP-5 [EP - Revocation of Permit Due to Noncompliance with Conditions] This permit may be revoked by the City if noncompliance is noted to the applicant and satisfactory action is not taken by the applicant or his/her agents to achieve compliance within twenty-four (24) hours of notice.

GEP-7 [EP - Permit Expiration/Potential for Permit Extension] This permit and the authorization for use/work within a City right-of-way herein granted shall expire one year from the date of approval, on January 15, 2026. The permittee may request a single Extension of Time of an approved Encroachment Permit by submitting a written request to the City Manager setting forth the reason that substantial work on the permit cannot be commenced by the scheduled expiration date. The City Manager shall grant the extension unless he/she determines that there has been a change in circumstances since the time of the original grant of the permit which would create an inconsistency between the proposed encroachment and the provisions of DMMC Chapter 23.28. No extension shall be granted for a period greater than one (1) year.

GEP-9 [EP - Compliance with CAL-OSHA]
The permittee shall obey and enforce all safety orders, rules, regulations, and recommendations of the Department of Industrial Relations of the State of California, CAL-OSHA, applicable to the work and shall comply with all applicable laws, ordinances, codes, and regulations. Any omission on the part of the Director to specify protective measures or devices in the Encroachment Permit shall not excuse the permittee from complying with all applicable requirements of law.

Attachment A 9 March 3, 2025 Item 07
EP24-109 (327 9th St.)
Approval Letter
January 15, 2025
GEP-10 [EP - Timely Performance of Work]
If any part of the work performed under an Encroachment Permit is not completed within the period indicated in either the submitted application materials or the conditions of approval of the Encroachment Permit, the Director of Public Works may notify the person performing the work, in writing, to complete the work within forty-eight (48) hours thereafter, legal holidays excepted. If the work is not completed within this time period, the Director of Public Works shall have full power to perform the work, including such measures as will restore the disturbed area to a safe and passable condition until the work can be completed. The cost thereof, including any inspection and administrative overhead costs incurred by City, shall be assessed against the permittee.

GEP-11 [EP - Compliance with City Codes and Permit Conditions] Any person violating any provisions of or failing to comply with any of the requirements of this Permit or of DMMC Chapter 23.28 shall be subject to the enforcement provisions set forth in DMMC Chapters 1.08 and 30.98.

GEP-12 [EP - Change of Permit Conditions at Direction of the City] The City retains the right to change conditions of this Permit granted and order the relocation or adjustment of lines, manholes, fixtures, and apparatus hereby allowed to be installed, whenever, in the opinion of the City, this becomes necessary; and desirable.

In the event that such an order is made, all changes required pursuant thereto shall be made at the sole expense of the Permittee.

GEP-13 [EP - Notification of Utility Owner]
The applicant shall notify the appropriate Public Utility a minimum of seventy-two (72) hours prior to performing any work on or adjacent to any public utility. All such work shall be done only with authorization and with inspection by the appropriate utility owner.

GEP-14 [EP - No Authorization for Street Closure]
The permit does not authorize closure of any road or street, unless specifically stated on the permit.

GEP-15 [EP - No Transfer in Property Interest]
The granting of an encroachment permit pursuant to this chapter shall not constitute the transfer or relinquishment of any ownership or interest held by the City over the public right-of-way, nor shall such permit confer any vested or proprietary rights upon the holder of the permit beyond the right to utilize the encroachment area in the manner authorized by the permit and subject to all of the conditions set forth herein.

The applicant agrees to protect all survey markers and monuments in the vicinity of the work and agrees to replace any markers or monuments, if damaged, to the satisfaction of the Public Works Director.

GEP-17[EP - Improvements Subject to Compliance with ADA Accessibility Requirements] The applicant shall be responsible for ensuring that all improvements are implemented in compliance with the applicable provisions of the Americans with Disability Act Attachment A 10 March 3, 2025 Item 07
EP24-109 (327 9th St.)
Approval Letter
January 15, 2025
(ADA). Information about requirements for complying with ADA requirements can be gained from the following website:
http://www.access-board.gov/adaag/html/adaag.htm
Document Conditions:

DC-1 [Recordation of a Covenant]
Prior to the commencement of work, the applicant shall record a covenant (at the applicant’s expense) against the deed for the property benefited by the approved Encroachment Permit setting forth the terms and conditions of the Permit, including the requirement for applicant’s maintenance/responsibility to maintain the planted hedges at a maximum height of 6 feet and removal of the encroachment upon demand by the City. The covenant shall run with the land and shall be binding on future owners and assigns. The form and content of the covenant shall be to the satisfaction of the City Attorney and City Manager.

If you have any questions on this matter, please contact Nestor Machado, Management Analyst at (858) 755-9314 or email [email protected].

Clem Brown
Assistant City Manager
CB:nm
Attachment A 11 March 3, 2025 Item 07
327 9th St. Vicinity Map
Attachment B 12 March 3, 2025 Item 07
STEVE WOLFF 1OF 1 EXISTING RESIDENCE PL PL PL EXISTING FLAGSTONE PATIO PLANT LIST FICUS NITIDA (INDIAN LAUREL) QTY 18 SPACE 3'0" O.C. FICUS NITIDA X 18 Attachment C
13 March 3, 2025 Item 07
Attachment D 14 March 3, 2025 Item 07
Attachment D 15 March 3, 2025 Item 07
Attachment D 16 March 3, 2025 Item 07
Attachment D 17 March 3, 2025 Item 07
Attachment D 18 March 3, 2025 Item 07
Attachment D 19 March 3, 2025 Item 07
Stephen I. Wolff
327 9‘” Street
Del Mar, CA 92014
February 18, 2025
Via Electronic Transmission
[email protected]
Del Mar City Council
City of Del Mar California
ATTN: Ms. Sarah Krieter
Administrative Services Manager/City Clerk
1050 Camino Del Mar
Del Mar, California 92014
Re: Response to Minor Encroachment Permit Appeal
327 9'’’ Street, Del Mar, California 92014
Encroachment Permit EP24-109
Honorable Council Members:

I am writing in response to an appeal of the referenced encroachment permit matter filed January 30, 2025 by my neighbor Felix Wohlleben. My request for a minor encroachment permit from the City was predicated upon a desire to preserve my privacy, to promote personal and public safety, and to enhance my personal security. Below, I discuss how each of these concerns are addressed by the granting of the perniit.

Please understand that my home, at its nearest point, sits a mere six feet from the rear property line. A photo is enclosed showing this (No. 1). The home also sits approximately five feet below Hoska Alley which explains why a retaining wall was constructed running along the rear property line. As Mr. Wohlleben’s letter indicates, the row of ficus trees in photo No. 1, which were approximately 12 feet in height (not 20), were removed along with a number of hard scape improvements and a portion of my irrigation system prior to the commencement of the Hoska Alley drainage project. A few miscellaneous pieces of slate remain within the formerly encroached area (all within a foot of the property line) but will be removed in the near future.

As a result of removing the landscaping, which served to screen my property from Mr.

Wohlleben’s, both my privacy and security have been severely and adversely compromised.

Enclosed is a picture (No. 2) taken Friday, February 14, 2025 showing a view of Mr. Wohlleben’s home and the overhead electric taken from just outside my kitchen window. As you can see, my residence is totally exposed and upon completion of the drainage project will be visible and accessible to all persons in the alley if I am denied the pennit to plant the ficus trees. All Council Attachment E 20 March 3, 2025 Item 07
Members, as property owners, surely understand and appreciate a property owner’s desire for safety, security, and privacy. Please note, my plan provides for the trees to be planted approximately one and one-half feet from the property line, meaning at maturity they will extend at most three feet onto City property. Given the proximity of my house to the property line and due to the change in grade it is nearly impossible for me to plant the trees on my property and achieve privacy and security. Also, it is my desire to plant trees as a natural form of screening, which 1 believe to be more aesthetically desirable than a wooden fence.

Also, please keep in mind that my property is the closest residence to Camino Del Mar on 9* Street and that the path from Camino Del Mar to the alley is easily accessible for pedestrians, (I have traversed this path on several occasions since it was recently established), meaning that I do expect there will be significant foot traffic walking past my home once the project is complete. The presence of the ficus trees would discourage people from staring at and wandering into my backyard which would provide me some comfort.

I would next like to draw attention to safety concerns. As 1 indicated there is a substantial change in grade from the alley to my property. It is quite foreseeable, even probable, that in the absence of a barrier of some type a pedestrian, particularly at night, will fall from the path into my back yard some five feet below, and sustain injury. While a six foot hedge may not entirely prevent this from happening, it would exponentially reduce this risk, which is certainly a public policy goal. Additional photos are attached showing existing conditions.

Finally, my reading of Mr. Wohlleben’s letter is that it fails to meet the requirements in the City Ordinance (Chapter 1.12.020(B)) for stating valid grounds for an appeal and as a result is insufficient and should be rejected. Despite my position regarding my neighbor’s appeal failing to state a cause, I wish to address his comment regarding plant height. Please note, I have had discussions with City staff concerning maintenance of the plantings and have stated my agreement to abide with the City code’s height restrictions. As for his other concern about rodent infestation, I believe that how 1 care for my property is evident from the photos I have submitted.

I don’t seriously believe ficus trees attract rodents.

For the foregoing reasons, I respectfully request the appeal be denied and the minor permit encroachment be granted. I would be pleased to answer any questions any individual Council Member may have. Also, 1 personally invite any individual member to my home to view existing conditions to better understand the basis of my application. I truly believe it will in no way adversely affect the public interest but is of great importance to myself, a long-term, albeit part-time, resident of the City.

Kind regards.

Stephen Wolff
Attachment E 21 March 3, 2025 Item 07
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No. 2: Current or Existing Conditions
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Attachment E 26 March 3, 2025 Item 07
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Ashley Jones, City Manager
Marco Camacho, Finance Manager/Treasurer
Martin Boyd, Principal Engineer
DATE: March 3, 2025
SUBJECT: Undergrounding Program Financing Update
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Receive a presentation from City staff regarding IBank financing and updated cash flow information; 2) Provide direction to staff on whether the City should proceed with submitting a loan pre-application to IBank and the preferred term of the loan (10 or 15 years); and 3) Provide direction to staff on whether to include funds for Utility Undergrounding District 1B – Stratford Court North in the total loan amount.

BACKGROUND:

With the completion of the Tewa Court/10th Street pilot project in February 2023, and Utility Undergrounding District (UUD) 1A (Stratford Court South) construction underway, the Council directed staff to identify potential funding strategies for undergrounding future districts, starting with UUDs X1A (Crest Canyon) and 1B (Stratford Court North). Crest Canyon (X1A) and Stratford Court North (1B) are estimated to cost a combined $23.3 million, in today’s dollars, of which approximately $17 million is unfunded.

On November 18, 2024, staff and the City’s financial consultant, NHA, presented three funding strategies, pay-as-you-go; finance-as-you-go; and a hybrid option, to the City Council to assist them with selecting an option that best addresses the community’s goals and project challenges. More information about each funding strategy can be found in the Item 11 – UP Undergrounding Financing staff report from the November 18, 2024 City Council meeting.

At this meeting, the City Council provided direction to City staff to work with NHA to further evaluate possible financing options and structure. Council consensus was for staff to return to the City’s Finance Committee and Utility Program Advisory Committee (UPAC) with detailed information regarding financing options to be provided by NHA for the committees to make a recommendation to the City Council regarding financing for Crest Canyon (X1A) and Stratford Court North (1B).

On January 14, 2025, the Finance Committee and Undergrounding Program Advisory 1 March 3, 2025 Item 08
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Committee (UPAC) held a joint meeting and passed a motion 11-1 recommending that the City proceed with financing Crest Canyon (X1A) and Stratford Court North (1B). A majority (73%) of participating members indicated support for a public borrowing (bonds) and were mixed on the debt term with five preferring a 15-year borrowing term, three preferring a 20-year term, and three preferring a 30-year term.

The joint committee recommendations along with a similar presentation with detailed information for public and private financing options were presented to the City Council on February 3, 2025. At the meeting, the Council directed staff to pursue debt financing through the California Infrastructure and Economic Development Bank (IBank) for a term of 15 years or less. However, the City Council deferred a determination on whether to include Stratford Court North (1B) in the financing, which will inform the total amount of the financing, until additional cash flow analysis was conducted by staff and the City’s consultant, NHA Advisors. Additionally, the City Council directed staff to pause work on Stratford Court North (1B) while the requested analysis was conducted.

As an update to the status provided for Crest Canyon (X1A) on February 3, 2024, SDG&E has received all necessary easements and the design is scheduled to be finalized by the end of March 2025. SDG&E’s bidding process will take approximately five months after design completion, after which the City will receive the preliminary cost invoice. Based on this timeline, staff currently estimates City construction contract award and the SDG&E preliminary cost invoice by September 2025. Concurrently, staff is also working on finalizing easements for AT&T and Spectrum/Charter.

DISCUSSION/ANALYSIS:

Based on Council direction on February 3, 2025, City staff obtained additional information regarding the IBank loan process and conducted additional cash flow analysis related to Stratford Court North (1B), as further described below.

IBank Infrastructure Loans
IBank administers an Infrastructure State Revolving Fund (ISRF) Program that is authorized to directly provide low-cost public financing to state and local government entities for a wide variety of public infrastructure and economic development projects. The financing process generally consists of six key steps: IBank Consultation; Pre-application; IBank Credit Risk Committee Review; Formal Application; IBank Board of Directors Review; and Access to Capital.

City staff had an initial consultation with IBank staff on February 11, 2025, to discuss IBank’s loan criteria and the City’s project. IBank staff confirmed the City’s Undergrounding Program projects are eligible infrastructure projects and encouraged the City to prepare a pre-application. However, due to the nature of the undergrounding projects and the multiple property and utility owners involved, IBank requested that the City first obtain a legal determination that the project qualifies for the tax-exempt ISRF.

This determination will be needed for all public financing options, so the City has engaged 2 March 3, 2025 Item 08
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a specialized attorney to provide the required legal opinion. Once submitted to IBank, their legal team will review and make a determination of eligibility.

The pre-application for IBank financing requests financial and project information from the City. The project detail is intended to demonstrate project readiness and feasibility to complete construction within two years after the close of the IBank’s financing. However, IBank can grant a waiver to allow for a three-year construction period as was done with the City Hall project, which will likely be necessary depending on whether Stratford Court North (1B) is included in the financing. The pre-application requires the City to identify the amount and term of the requested financing. Additionally, because the City’s borrowing will be considered a General Fund project, a General Fund Financing Application Addendum is also required. This document identifies the property to be used in a lease back as security for the borrowing.

The pre-application packet is submitted to the IBank Credit Risk Committee for review.

According to IBank staff, their preliminary review process is estimated to take between 6- 8 weeks. The Credit Risk Committee makes the final determination whether to invite the prospective applicant to submit a Financing Application. Once invited to formally apply, the City’s application will move on to review by the IBank Board of Directors (Board).

IBank staff has indicated that Board review may take 6-8 weeks for a determination.

At least three (3) weeks prior to Board review, the City must provide a borrower’s resolution adopted by the City Council. Interest rates are also approved by the Board at the time the project is presented to them for review. IBank issues their own ISRF bonds and has a AAA bond rating. IBank uses an all-in interest rate based on the Reuters MMD.

As of February 11, 2025, IBank’s indicative rates for AAA credit were as follows: 10-year Term = 2.99%; 15-year Term = 3.36%; 20-year Term = 3.78%; and 30-year Term =

4.29%.

Interest rates are fixed up to 30 years. For financing greater than $1 million, a one-time origination fee of the greater of $25,000 or 1% of the original ISRF Financing amount will be paid as a condition of closing. This may be financed as part of the ISRF Financing or paid separately by the borrowing agency. Following Board approval and close of the financing, agencies will have access to the borrowed capital in roughly 2-3 months.

Repayment of the loan would occur biannually with a principal, interest and annual fee payment in August, and an interest only payment in February. Prepayment is allowed after 10 years and there is no prepayment penalty.

For comparative purposes, Attachment A provides current rates and costs for the three financing options previously considered by the Council on February 3, 2025, for 10 and 15-year loan terms. It should be noted that prior to meeting with IBank representatives on February 11, 2025, the rates for 10 and 15-year loan terms were not available and therefore not included in the prior information provided by NHA. 3 March 3, 2025 Item 08
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Updated Cashflow Analysis
One of the options presented to the Council for consideration on February 3, 2025, contemplated financing Crest Canyon (X1A) and Stratford Court North (1B) for approximately $17 million, with the remaining $6.3 million needed to fund the estimated $23.3 million total combined cost of the projects to come from Measure Q funds on hand.

This option envisioned completion of City construction for Crest Canyon (X1A) in 2026, and Stratford Court North (1B) in 2027.

Based on information available at the time, staff also concluded that not including Stratford Court North (1B) in the financing would:
➢ Reduce borrowing by $3 million, which would decrease interest cost for the life of the loan by $1.1 million
➢ Risked delaying the project for a period up to two years, and could additionally delay Beach Colony (2) by a period of one year.
➢ Increase total project cost by $1.2 million due to inflation during the resulting twoyear delayed project period, which would eliminate any debt interest savings and increase the overall cost of the project to the City by approximately $100,000. ➢ The resulting estimated cost to refresh, or redesign the City and SDG&E engineering plans and other activities for the project as may be needed would range from $100,000-$300,000 contingent upon how long the project is paused.

The information provided above was based on the original cash flows prepared by NHA Advisors in August 2024, and anticipated the City issuing debt and making a first debt service payment in Fiscal Year 2024-2025.

On February 3, 2025, the Council expressed an interest in better understanding the impacts of not including funds for Stratford Court North (1B) in the financing, and requested that staff update the cash flows with more current financial information to help inform the Council’s decision. Staff has since worked with NHA Advisors to update the cashflows as requested and analyze the impacts.

The dynamic model developed by NHA was designed to be updated annually to reflect actual revenues and expenditures, and updated project schedules. The updated cash flow scenarios account for changes in each of these inputs since August 2024.

Projected FY 2024 revenues have been replaced by actual results, and projected FY 2025 revenues have been revised according to the latest reports by the City’s Sales Tax and Measure Q consultant. Project costs were also updated to reflect the revised timing of expenditures. One-time origination fee and other potential financing costs in an estimated amount of $250,000 were included as an out-of-pocket expense in 2026. The updated cash flow scenarios were prepared ensuring a positive fund balance in each year, and a balance equal to or greater than the estimated debt service payment as a prudent financial management practice.
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For context, the original model anticipated that Crest Canyon (X1A) would be financed in FY 2024 and completed by FY 2026. However, the current schedule has financing in FY 2025 and completion by FY 2027. Revisions associated with project timing improved cash flow benefitting Stratford Court North (1B) and Beach Colony (2) by reducing the estimated delay if Stratford Court North (1B) is not included in the upcoming financing depending on the four options identified below in Table A is selected.

The cash flow analysis does not consider any source of funding other than Measure Q.

This has been the consistent and explicit direction of the City Council since passage of Measure Q and Council prioritization for use of the fund. Staff and the consultant do not have authority to analyze use of other General Fund monies to finance any portion of the Undergrounding Program unless directed to do so by the Council.

Table A summarizes the total estimated project and borrowing costs, along with timing for City construction completion, based on loans for $14 million and $17 million at terms of 10 and 15 years. The options in Table A that reflect a total borrowing of $17 million include financing for Stratford Court North (1B), and the options that reflect a total borrowing of $14 million do not. The timing is maintained for Crest Canyon (X1A) for all options and the projected timing for Beach Colony (2) is on a pay-go basis.

Table A – Costs/Timing for Crest Canyon (X1A) & Stratford Court North (1B) *Base Cost total includes $17M to be financed and $6.3M Measure Q available project funds.

A brief summary of each option, including financial and timing impacts, along with overall conclusions are provided below:

Option 1 ($17M loan/15-year term) – Total net cost of financing is $4.92 million. This is the only option that maintains current project completion schedules for Crest Canyon (X1A), Stratford Court North (1B), and Beach Colony (2).

Option 2 ($14M loan/15-year term) – Total net cost of financing is $4.05 million. While preserving the completion schedules for Crest Canyon (X1A) and Beach Colony (2), it delays Stratford Court North (1B) by one year.

Scenario Loan
Amount/Term
Interest
Rate
Base
Cost*
Inflation Financing
Costs
Total
Costs
UUD X1A
Completion
UUD 1B
Completion
UUD 2
Completion
1 $17M/15Yr 3.36% $23.3M $0.54M $4.92M $28.76M 2027 2027 2036 2 $14M/15Yr 3.36% $23.3M $0.73M $4.05M $28.08M 2027 2028 2036 3 $17M/10Yr 2.99% $23.3M $0.73M $2.92M $26.95M 2027 2028 2037 4 $14M/10Yr 2.99% $23.3M $0.93M $2.40M $26.63M 2027 2029 2037 5 March 3, 2025 Item 08
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Option 3 ($17M loan/10-year term) – Total net cost of financing is $2.92 million.

Completion of Crest Canyon (X1A) would be completed as currently planned. However, the completion of Stratford Court North (1B) and Beach Colony (2) would both be delayed by one year.

Option 4: ($14M loan/10-year term) – Total net cost of financing is $2.4 million. This option preserves the completion schedule for Crest Canyon (X1A). However, completion of Stratford Court North (1B) would be delayed by two years, and Beach Colony (2) would be delayed by one year.

As indicated, the difference in total costs to include Stratford Court North (1B) in the financing for a 15-year loan is $680,000, and the current project schedule timing is maintained. The difference in total costs to include Stratford Court North (1B) for a 10- year loan is $320,000, and you delay completion of Stratford Court North (1B) and Beach Colony (2) by one-year each.

The financing costs vary by up to $2.52 million, depending on the total amount ($17/$14M) and length of time of the borrowing (10-15 years).

Effect of Change to Construction Timing for Stratford Court North (1B) If the Council were to select Options 2 to 4 as describe above, staff would adjust the timing for preconstruction activities to align with the anticipated timing for City construction. This would reduce or avoid the need for design or other preconstruction activities to be potentially redone or “refreshed” prior to going out to bid for City and SDG&E construction.

As previously reported, the design for Stratford Court North (1B) is currently at the 60% design phase with SDG&E, prior to City coordination with homeowners for private service laterals. The 60% design activities deliver SDG&E's final design sketches, which are the plan views for the proposed improvements. The City has invested approximately $250,000 to date in preconstruction activities for Stratford Court North (1B). This amount does not include SDG&E’s engineering fee, AT&T’s fee, or staff time.

City civil design and telecommunication companies’ designs do not proceed until SDG&E finalizes the sketches as part of the 60% design phase. Additionally, SDG&E confirmed that their designs technically expire after one year. Therefore, SDG&E confirmed that the 60% design phase is an ideal point to pause the project if the City chooses a financing option that would impact the current project schedule by more than one year (Option 4).

Pausing now as part of a lesser loan financing would place the project on hold for up to two years to align construction with a pay-go financing and construction completion in 2029.

After the pause, only SDG&E would need to refresh the plans based on updated field conditions, which could take around a month. Staff estimates the cost to refresh or 6 March 3, 2025 Item 08
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redesign the SDG&E engineering plans, along with other associated activities, at up to $100,000. If the City selects a financing option that impacts the current project schedule by one year (Options 2 and 3), staff will adjust the timing of preconstruction activities (e.g., slowing down) to allow for the continuation of Stratford Court North (1B), targeting completion in 2028.

If the City Council were to choose a financing option that would impact completion of construction for 1B by more than one-year, and continued on the current schedule for design there would be an inevitable pause in activities prior to being able to move forward with project construction that would require substantial review and redesign by the City and SDG&E, and would incur additional project costs ranging from $100,000-$500,000 and time between 5-7 months to complete the additional work.

Next Steps
If the City Council directs staff to proceed with IBank financing, identifying a preferred term and maximum loan amount, staff will begin preparation of the IBank loan preapplication packet and return to Council for approval of a resolution required as part of the IBank application process. City staff will also continue to bring critical decision points and final loan details to UPAC and the Finance Committee for review and recommendation prior to City Council consideration, as applicable. Preconstruction activities for Stratford Court North (1B) will resume or be adjusted as described in this report based on the financing option selected and direction by the Council. To ensure funding availability when needed, staff would coordinate the bidding process and construction contract award for Crest Canyon (X1A) concurrently with Council’s final approval of a borrowing.

FISCAL IMPACT:

The fiscal impacts related to the recommended action for this agenda item are described in detail above. There is no fiscal action to be taken by the City Council related to the recommended action.

ENVIRONMENTAL IMPACT:

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Utility Undergrounding is listed as a Tier 1 City Council priority for FY 2024-2025.

ATTACHMENTS:

Attachment A – Comparison of Financing Vehicles and Estimated Rates Attachment B – Revised Cash Flows, Options 1-4
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Attachment A
City of Del Mar
Comparison of Financing Vehicles and Estimated Rates
10 Yr 15 Yr 10 Yr 15 Yr 10 Yr 15 Yr
True Interest Cost / Rate 2.85% 3.28% 2.99% 3.36% 4.20% 4.40% Financing Costs
Ibank Fee 1% of Borrowed Amount N/A N/A $140,000 / $170,000 $140,000 / $170,000 N/A N/A Underwriter Discount $64,000 / $77,000 $64,000 / $77,000 N/A N/A N/A N/A Other Financing Costs 250,000 250,000 80,000 80,000 200,000 200,000 Estimated Total Costs
Costs Financed? Yes Yes Optional Optional Yes Yes
Project Proceeds of $14M (Financing Costs Included in Debt Service) Average Annual Debt Service $1,658,000 $1,218,000 $1,666,167 $1,222,392 $1,768,000 $1,313,000 Total Principal and Interest $16,577,500 $18,266,250 $16,661,670 $18,335,880 $17,682,430 $19,695,820 Project Proceeds of $17M (Financing Costs Included in Debt Service) Average Annual Debt Service $2,007,000 $1,475,000 $2,021,194 $1,482,859 $2,142,000 $1,590,000 Total Principal and Interest $20,066,500 $22,112,750 $20,211,940 $22,242,885 $21,417,220 $23,857,640 Project Proceeds of $14M (Financing Costs Paid Upfront, Not Financed, IBank Only) Average Annual Debt Service $1,640,390 $1,203,480
Total Principal and Interest $16,403,900 $18,052,200
$16,623,900 $18,272,200
Project Proceeds of $17M (Financing Costs Paid Upfront, Not Financed, IBank Only) Average Annual Debt Service $1,991,902 $1,461,369
Total Principal and Interest $19,919,020 $21,920,535
$20,169,020 $22,170,535
*All figures estimated and subject to change
IBank Rates as of February 11, 2025, inclusive of 0.15% annual servicing fee Public Offering and Private Placement Rates as of February 25, 2025 Public Offering IBank Private Placement
8 March 3, 2025 Item 08
Attachment B
City of Del Mar
Undergrounding Project Financing Analysis
$17 Million, 15-Year Amortization
FYE
Beginning
Measure Q
Reserves
Measure Q
Revenues Paving Other UUD 1A UUD X1A UUD 1B UUD2 UUD 3
Total Project
Expenditures
Financing
Proceeds
Debt Service
Payments
Reserve
Interest
Earnings
Ending
Measure Q
Reserves
2024 7,769,899 3,780,939 75,000 97,002 332,256 470,474 142,174 51,911 5,516 1,099,333 - 10,376,505 2025 10,376,505 3,400,000 91,000 - 9,321,362 157,623 264,000 8,364 1,054 9,752,403 143,096 4,076,198 2026 4,076,198 3,485,000 75,000 250,000 - 13,871,052 203,497 - - 14,324,549 17,000,000 1,461,369 127,765 8,828,045 2027 8,828,045 3,572,125 75,000 - - 2,780,193 5,491,914 - - 8,272,107 1,461,369 114,197 2,705,892 2028 2,705,892 3,661,428 75,000 - - 1,461,369 75,368 4,906,320 2029 4,906,320 3,752,964 75,000 - - 1,461,369 120,292 7,243,208 2030 7,243,208 3,846,788 75,000 - - 1,461,369 167,968 9,721,595 2031 9,721,595 3,942,958 75,000 - - 1,461,369 218,498 12,346,682 2032 12,346,682 4,041,532 75,000 - - 1,461,369 271,985 15,123,831 2033 15,123,831 4,142,570 75,000 472,168 472,168 1,461,369 323,817 17,581,681 2034 17,581,681 4,246,134 75,000 488,694 488,694 1,461,369 373,844 20,176,597 2035 20,176,597 4,352,287 75,000 1,011,596 1,011,596 1,461,369 421,575 22,402,496 2036 22,402,496 4,461,095 75,000 22,573,343 22,573,343 1,461,369 251,564 3,005,442 2037 3,005,442 4,572,622 75,000 - 1,461,369 90,471 6,132,167 2038 6,132,167 4,686,938 75,000 - 1,461,369 154,149 9,436,885 2039 9,436,885 4,804,111 75,000 - 1,461,369 221,415 12,926,043 2040 12,926,043 4,924,214 75,000 - 1,461,369 292,399 16,606,287 Undergrounding Project Expenditures
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City of Del Mar
Undergrounding Project Financing Analysis
$17 Million, 10-Year Amortization
FYE
Beginning
Measure Q
Reserves
Measure Q
Revenues Paving Other UUD 1A UUD X1A UUD 1B UUD2 UUD 3
Total Project
Expenditures
Financing
Proceeds
Debt Service
Payments
Reserve
Interest
Earnings
Ending
Measure Q
Reserves
2024 7,769,899 3,780,939 75,000 97,002 332,256 470,474 142,174 51,911 5,516 1,099,333 - 10,376,505 2025 10,376,505 3,400,000 91,000 - 9,321,362 157,623 60,000 8,364 1,054 9,548,403 145,136 4,282,238 2026 4,282,238 3,485,000 75,000 250,000 - 13,871,052 218,530 - - 14,339,582 17,000,000 1,991,902 126,430 8,487,184 2027 8,487,184 3,572,125 75,000 - - 2,780,193 210,620 - - 2,990,813 1,991,902 154,888 7,156,483 2028 7,156,483 3,661,428 75,000 5,684,131 - 5,684,131 1,991,902 102,234 3,169,112 2029 3,169,112 3,752,964 75,000 - - 1,991,902 80,243 4,935,417 2030 4,935,417 3,846,788 75,000 - - 1,991,902 116,507 6,831,811 2031 6,831,811 3,942,958 75,000 - - 1,991,902 155,397 8,863,263 2032 8,863,263 4,041,532 75,000 - - 1,991,902 197,012 11,034,905 2033 11,034,905 4,142,570 75,000 - - 1,991,902 241,455 13,352,028 2034 13,352,028 4,246,134 75,000 488,694 488,694 1,991,902 283,946 15,326,512 2035 15,326,512 4,352,287 75,000 505,798 505,798 1,991,902 324,326 17,430,426 2036 17,430,426 4,461,095 75,000 1,047,002 1,047,002 381,999 21,151,519 2037 21,151,519 4,572,622 75,000 23,363,410 23,363,410 234,372 2,520,103 2038 2,520,103 4,686,938 75,000 - 96,521 7,228,562
2039 7,228,562 4,804,111 75,000 - 191,862 12,149,535
2040 12,149,535 4,924,214 75,000 - 291,483 17,290,232
Undergrounding Project Expenditures
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City of Del Mar
Undergrounding Project Financing Analysis
$14 Million, 15-Year Amortization
FYE
Beginning
Measure Q
Reserves
Measure Q
Revenues Paving Other UUD 1A UUD X1A UUD 1B UUD2 UUD 3
Total Project
Expenditures
Financing
Proceeds
Debt Service
Payments
Reserve
Interest
Earnings
Ending
Measure Q
Reserves
2024 7,769,899 3,780,939 75,000 97,002 332,256 470,474 142,174 51,911 5,516 1,099,333 - 10,376,505 2025 10,376,505 3,400,000 91,000 - 9,321,362 157,623 60,000 8,364 1,054 9,548,403 145,136 4,282,238 2026 4,282,238 3,485,000 75,000 220,000 - 13,871,052 218,530 - - 14,309,582 14,000,000 1,203,480 104,614 6,283,790 2027 6,283,790 3,572,125 75,000 - - 2,780,193 210,620 - - 2,990,813 1,203,480 118,704 5,705,327 2028 5,705,327 3,661,428 75,000 5,684,131 - 5,684,131 1,203,480 81,095 2,485,239 2029 2,485,239 3,752,964 75,000 - - - 1,203,480 74,450 5,034,172 2030 5,034,172 3,846,788 75,000 - - 1,203,480 126,367 7,728,847 2031 7,728,847 3,942,958 75,000 - - 1,203,480 181,222 10,574,546 2032 10,574,546 4,041,532 75,000 - - 1,203,480 239,121 13,576,719 2033 13,576,719 4,142,570 75,000 472,168 472,168 1,203,480 295,454 16,264,095 2034 16,264,095 4,246,134 75,000 488,694 488,694 1,203,480 350,072 19,093,127 2035 19,093,127 4,352,287 75,000 1,011,596 1,011,596 1,203,480 402,485 21,557,824 2036 21,557,824 4,461,095 75,000 22,573,343 22,573,343 1,203,480 237,249 2,404,344 2037 2,404,344 4,572,622 75,000 - 1,203,480 81,028 5,779,515 2038 5,779,515 4,686,938 75,000 - 1,203,480 149,675 9,337,647 2039 9,337,647 4,804,111 75,000 - 1,203,480 222,009 13,085,287 2040 13,085,287 4,924,214 75,000 - 1,203,480 298,163 17,029,184 Undergrounding Project Expenditures
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City of Del Mar
Undergrounding Project Financing Analysis
$14 Million, 10-Year Amortization
FYE
Beginning
Measure Q
Reserves
Measure Q
Revenues Paving Other UUD 1A UUD X1A UUD 1B UUD2 UUD 3
Total Project
Expenditures
Financing
Proceeds
Debt Service
Payments
Reserve
Interest
Earnings
Ending
Measure Q
Reserves
2024 7,769,899 3,780,939 75,000 97,002 332,256 470,474 142,174 51,911 5,516 1,099,333 - 10,376,505 2025 10,376,505 3,400,000 91,000 - 9,321,362 157,623 60,000 8,364 1,054 9,548,403 145,136 4,282,238 2026 4,282,238 3,485,000 75,000 220,000 - 13,871,052 - - - 14,091,052 14,000,000 1,640,390 102,430 6,063,227 2027 6,063,227 3,572,125 75,000 - - 2,780,193 226,178 - - 3,006,371 1,640,390 109,768 5,023,359 2028 5,023,359 3,661,428 75,000 217,992 - 217,992 1,640,390 117,748 6,869,154 2029 6,869,154 3,752,964 75,000 5,883,075 - 5,883,075 1,640,390 98,928 3,122,581 2030 3,122,581 3,846,788 75,000 - - 1,640,390 83,766 5,337,745 2031 5,337,745 3,942,958 75,000 - - 1,640,390 129,031 7,694,343 2032 7,694,343 4,041,532 75,000 - - 1,640,390 177,148 10,197,634 2033 10,197,634 4,142,570 75,000 - - 1,640,390 228,225 12,853,038 2034 12,853,038 4,246,134 75,000 488,694 488,694 1,640,390 277,481 15,172,571 2035 15,172,571 4,352,287 75,000 505,798 505,798 1,640,390 324,762 17,628,433 2036 17,628,433 4,461,095 75,000 1,047,002 1,047,002 385,960 21,353,485 2037 21,353,485 4,572,622 75,001 23,363,410 23,363,410 238,412 2,726,108 2038 2,726,108 4,686,938 75,002 - 100,642 7,438,685
2039 7,438,685 4,804,111 75,003 - 196,065 12,363,858
2040 12,363,858 4,924,214 75,004 - 295,769 17,508,838
Undergrounding Project Expenditures
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Members of the City Council
FROM: Mayor Terry Gaasterland and Deputy Mayor Tracy Martinez, Liaisons to the City Council Housing and Rail Subcommittees
DATE: March 3, 2025
SUBJECT: Update Regarding Recent Actions Taken by the Fairgrounds Board Related to Fairgrounds Housing and Reaffirmation of the Del Mar Guiding Principles for the LOSSAN Rail Realignment Project

REQUESTED ACTION/RECOMMENDATION
The Mayor and Deputy Mayor recommend that the City Council: 1) Reaffirm the City Council Guiding Principles related to the LOSSAN Rail Realignment Project (Attachment A); and 2) Provide feedback and authorize the submittal of a letter to the 22nd DAA in response to Board action to temporarily pause work under the Exclusive Negotiating Rights Agreement (Attachment B).

BACKGROUND:

The City of Del Mar (City) 6th Cycle Housing Element (HE) 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 on 22nd District Agricultural Association (District) property for the development of at least 61 dwelling units for lower income households.

The City and District entered into an Exclusive Negotiations Rights Agreement (ENRA) that went into effect on April 15, 2024. In conjunction with the District’s master site planning process, the purpose of the ENRA is to identify a mutually agreeable location for the development of affordable housing on District property; complete site due diligence; determine the scope/components of development; make a preliminary determination of feasibility; and determine the terms/conditions for a mutually acceptable long-term ground lease for the development of affordable housing.

To date, District and City staff have made good progress and worked together to identify the studies needed, prepare task orders, and solicit consulting services using the City’s Housing Acceleration Program (HAP) grant. More detailed information about the accomplishments to date and upcoming studies to be completed are included in Attachment B. 1 March 3, 2025 Item 09
City Council Agenda Report
Fairgrounds Affordable Hsg/LOSSAN Rail Realignment
March 3, 2025

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On February 11, 2025, the 22nd District Agricultural Association (DAA) Board of Directors voted to temporarily pause discussions with the City under an Exclusive Negotiating Rights Agreement (ENRA) for a period of 30-days, at which time the Board will reconsider their position.

The reason provided by the Board for this temporary pause was frustration over public comments by Mayor Terry Gaasterland and the City’s request for SANDAG to delay construction of the new trestle bridge and rail platform until an alignment has been selected for the LOSSAN Rail Realignment Project (Realignment Project). More detailed information is included in the District Board report provided as Attachment C, and was discussed by the District Board at their meeting: 22nd DAA Board of Directors Meeting - February 2025 DISCUSSION/ANALYSIS:

The information below is intended to provide context and details regarding the importance of the Fairgrounds Affordable Housing Program (Project) to the City of Del Mar (City), region, and State, as well as address and clarify the comments by Mayor Terry Gaasterland as cited by the District Board.

Importance of Affordable Housing
The Governor has declared a State housing crisis, making the Fairgrounds housing project a State, City and regional priority. This is evidenced by the strong show of support for this project by State Senator Catherine Blakespear, State Assemblymember Tasha Boerner, the San Diego County Board of Supervisors, San Diego Association of Governments (SANDAG), and the City of Solana Beach.

As further discussed in Attachment B, the number of housing units assigned to the City of Del Mar as part of the 6th Cycle Regional Housing Needs Assessment (RHNA) process directly correlate to reported part-time/seasonal jobs at the Del Mar Fairgrounds. In fact, over half of Del Mar’s reported jobs were directly related to activities at the Fairgrounds and significantly contributed to the 175 housing units assigned to Del Mar to be achieved during the 6th Cycle Housing Element. Of the City’s assigned housing units, 113 are required to be lower income units.

While the City and Fairgrounds are not responsible for the methodology used by SANDAG and the State Department of Housing and Community Development (HCD) to assign housing units, the City and District need to work together to address the statewide housing crisis and meet state mandates to produce housing. Further, the Fairgrounds is one of only a few properties in the City’s jurisdiction that is conducive to development of a larger scale (61-unit) dedicated affordable housing development.
2 March 3, 2025 Item 09
City Council Agenda Report
Fairgrounds Affordable Hsg/LOSSAN Rail Realignment
March 3, 2025

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The work to be completed as part of the ENRA toward the development of affordable housing on Fairgrounds property, will also complement the District’s master planning process as the studies to be completed will provide valuable information about land use and any potential future development of the property, not just affordable housing.

It is also in the City’s best interest to continue work in earnest with the Fairgrounds to complete the necessary work to facilitate the development of affordable housing at the Fairgrounds in order to avoid being required by HCD to rezone portions of the City’s north and south bluffs for higher density development as part of the 6th Cycle HE.

LOSSAN Rail Realignment Project
The City values and recognizes the importance of its partnerships with the Fairgrounds, City of Solana Beach, City of San Diego, and other community groups and stakeholders.

Together, significant concerns have been expressed regarding some or all of the alternative rail alignments proposed to date by SANDAG as part of their LOSSAN Rail Realignment Project (Realignment Project).

To help underscore the concerns raised by the City’s partners and the Del Mar community, the City adopted Guiding Principles (Attachment A) and entered into a Joint Resolution with the Fairgrounds and Solana Beach specific to the Realignment Project (Attachment D).

Also of importance, as officials of the City elected by the voters, individual Councilmembers have a right and responsibility to advocate for the best interest of the community. What is of the utmost importance in doing so is making clear whether as an elected official you are speaking in your official capacity on behalf of your organization or whether you are sharing your personal thoughts and opinions as a member of the public.

In instances where the Mayor or any Councilmember have made comments that were inconsistent with the City’s official position, they were not speaking on behalf of the City.

Moving forward, it will be critically important for the Mayor and individual members of the Council to endeavor to make clear when they are speaking on behalf of themselves as members of the public and not on behalf of the City.

In response to concerns raised by the District Board and to reaffirm the City’s commitment to working with our partners to address the State housing crisis and to protect our respective agencies from the harmful effects of the Realignment Project, the Mayor and Deputy Mayor recommend that the Council reaffirm the City’s Guiding Principles related to the Realignment Project and authorize submittal of the proposed letter to the District Board.

Please note that the enclosures acknowledged in the proposed draft letter to the District Board included as Attachment B will be added prior to sending once approved by the Council to avoid duplicating attachments that are already provided as part of this agenda report or providing public statements planned for the SANDAG Board that have not yet been made. 3 March 3, 2025 Item 09
City Council Agenda Report
Fairgrounds Affordable Hsg/LOSSAN Rail Realignment
March 3, 2025

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FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

ATTACHMENTS:

Attachment A – Del Mar Guiding Principles Related to the LOSSAN Rail Realignment Attachment B – Letter to the 22nd DAA Board Regarding Affordable Housing/LOSSAN Rail Realignment Project
Attachment C – February 11, 2025, District Board Report – Item 7-C Attachment D – Joint Resolution between Del Mar, Solana Beach, and the Fairgrounds 4 March 3, 2025 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. 5 March 3, 2025 Item 09
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us March 4, 2025

DRAFT FOR CONSIDERATION
State of California, 22nd DAA Board of Directors
c/o Carlene Moore, Chief Executive Officer SENT VIA EMAIL 2260 Jimmy Durante Blvd.

Del Mar, CA 92014-2216
[email protected]
RE: Importance of Fairground Housing Initiative for the City of Del Mar and the 22nd District Agricultural Association (DAA)
Dear 22nd DAA Board of Directors & CEO Moore:

As you know, on February 11, 2025, the 22nd DAA (District) Board voted to temporarily pause (30 day) discussions with the City of Del Mar regarding the development of affordable housing on District property. The stated rationale was based on comments by an individual City Councilmember, who is currently serving as Mayor, regarding the LOSSAN Rail Realignment Project (Realignment Project). The Board asserted that the comments made publicly were in violation of the City of Del Mar’s (City) adopted Guiding Principles for the Realignment Project (Enclosure A) as well as a related Joint Resolution that was adopted between Del Mar, Solana Beach, and the District in September 2024 (Enclosure B).

This letter is intended to provide context and details regarding the importance of the Fairgrounds Affordable Housing Program (Project) to the City of Del Mar (City), region, and State, as well as address and clarify the Board cited comments by Mayor Terry Gaasterland.

The City is grateful to the District Board and staff for their efforts in coordination with the City to facilitate planning efforts for the future development of affordable housing at the Fairgrounds. The Governor has declared a State housing crisis, making this project a State, City and regional priority. This is evidenced by the strong show of support for this project by State Senator Catherine Blakespear, State Assemblymember Tasha Boerner, the San Diego County Board of Supervisors, San Diego Association of Governments (SANDAG), and the City of Solana Beach.

The Fairgrounds is identified as a regional mobility hub and employment center in the SANDAG Regional Plan. SANDAG, as the regional planning agency, supports the Fairgrounds housing plan as a means to further fair housing, reduce Vehicle Miles Traveled (VMT), and create lower income housing choices for the region
Background
All local jurisdictions in the State of California are required to adopt a Housing Element as part of their General Plan and process updates to it with each housing cycle. The current 6th Cycle Housing Element, for the planning years 2021-2029, identifies the target number of housing units at specified income levels and required program actions to facilitate development. 6 March 3, 2025 Item 09
Importance of Fairgrounds Housing/Clarification on DM Council Comments March 4, 2025

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As part of the 6
th Cycle Regional Housing Needs Assessment (RHNA) methodology, SANDAG used State Employment Development Department (EDD) jobs data to determine the number of units to be assigned to each local jurisdiction. Use of this data, and the high number of reported part-time/seasonal jobs related to activities at the Fairgrounds, resulted in a disproportionate number of housing units being assigned to Del Mar as part of the 6th Cycle Housing Element Process. Over half of the jobs reported for Del Mar were attributable to seasonal and short-term jobs at the Fairgrounds, with the majority of those being related to part-time/seasonal events and activities including those that were only a one-time or one-day event. Even a 3-day job was counted equally to a year-round job.

As such, the City was assigned 175 housing units during the 6th Cycle, which includes 31 abovemoderate-income units, 31 moderate-income units, 76 low-income units,19 very-low-income units, and 18 extremely-low-income, as part of the RHNA process determined by the State Department of Housing and Community Development (HCD) and SANDAG. Achieving this number of housing units in a primarily built out, small coastal community is no small feat.

This RHNA allocation represented an exponentially higher number of lower income units (113 lower income units in 6th Cycle compared to 22 lower income units in 5th Cycle) than in past Housing Element cycles due in large part to the number of reported jobs at the Fairgrounds. While the City and Fairgrounds are not to blame for the methodology used by HCD and SANDAG to assign housing units, there is a direct correlation between the City’s mandated housing units and the Fairgrounds. As such, we need to work together to do our part to address the statewide housing crisis and meet state mandates to produce housing.

Efforts & Progress on Housing Production Beyond the Fairgrounds The City’s work to achieve affordable housing at the Fairgrounds is just one example of the many Housing Element programs the City has or will implement to produce housing units in Del Mar.

The City has issued a building permit or certificate of occupancy for 109 net-new units between June 30, 2020, and December 31, 2024, and will continue to produce new units towards the 6th Cycle. These new units have all been within the moderate and above moderate-income categories and primarily are new Accessory Dwelling Units (ADUs). The development of lower income housing has been a significant challenge. For reference, lower income households earn no more than 80% of the County Area Median Income (AMI). Eligibility for lower income housing is correlated to household income level, AMI, household size, and affordable rent.

In addition to the Fairgrounds Housing effort, the Housing Element sets forth a variety of strategies to produce at least the required 113 lower income units. The City has continued its good faith efforts to develop incentive programs, invest local resources, pursue grant funding, seek partnerships, and pursue capital projects to build lower income housing.

The challenges experienced by the City in production of lower income units are shared with other jurisdictions statewide and relate to factors that are beyond the City’s control. This includes market conditions; high costs of land, construction, materials, and labor; and limited resources that collectively are an impediment to the production of lower income housing units.

During the 6th Cycle, the City has approved two projects with a combined total of 58 units including 12 lower income units. However, the City is unable to formally count these units towards its RHNA allocation until the project developers proceed with issuance of building permits. Developers have 7 March 3, 2025 Item 09
Importance of Fairgrounds Housing/Clarification on DM Council Comments March 4, 2025

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explained market conditions as described above are why cities and counties are seeing minimal development interest for construction of lower income housing.

Exclusive Negotiating Rights Agreement – City/District
The City and District entered into an Exclusive Negotiations Rights Agreement (ENRA) that took effect on April 15, 2024. In conjunction with the District’s master site planning process, the purpose of the ENRA is to identify a mutually agreeable location for the development of affordable housing on District property; complete site due diligence; determine the scope/components of development; make a preliminary determination of feasibility; and determine the terms/conditions for a mutually acceptable long-term ground lease for the development of affordable housing.

To date, District and City staff have worked together to identify the studies needed, prepare task orders, and solicit consulting services using the City’s Housing Acceleration Program (HAP) grant funds as described below.

Mutually Beneficial Development Due Diligence Activities With support from the District, the City was able to secure $1.6 million in Housing Acceleration Program (HAP) grant funds (Cycles 1 & 2) from SANDAG and HCD to be used for activities related to the development of affordable housing at the Fairgrounds through March 2026. As detailed below, much of the site and development due diligence activities that has been or will be done will benefit the District beyond just the consideration to develop affordable housing. These studies can also help inform and complement the master and strategic planning work that is currently underway by the District for other envisioned land uses and development on District property.

Pre-Development Studies Completed: Cycle 1 HAP grant funds supported preparation of Phase I housing studies and hiring of an affordable housing consultant in 2022, to help the City meet its objective to facilitate development of lower income housing in Del Mar. The feasibility studies were completed in 2023, and included a zoning assessment, development of architectural design concepts, economic analysis, and several potential financial proformas, to explore the feasibility of future development of affordable housing at the Fairgrounds as well as two small, City-owned vacant sites. Based on input provided by District staff, the studies focused on Fairground’s property at Jimmy Durante Boulevard and Via de la Valle, and a southeastern location on the Fairgrounds by the fire station on Jimmy Durante Boulevard.

The studies demonstrate that potential development of at least 61 lower income units on the Fairgrounds is a realistic and feasible strategy to pursue. The studies also showed that the prospective housing studied would be eligible for tax credit financing and that the Fairgrounds location is the most viable opportunity to build affordable units in the City of Del Mar.

Sea Level Rise Adaptation Needed for Development: In June 2024, the City completed a preliminary design concept (10% design) for a living levee (vegetated berm) and public trail design on both riverbanks along the San Dieguito River within the City of Del Mar. This study assessed flood vulnerability on both sides of the river, including the Fairgrounds, and identified a design to minimize flood risk consistent with the State’s 2024 Sea Level Rise Adaptation guidelines.

Compliance with the State’s flood adaptation standards will be necessary for any future development on the Fairgrounds.

Pre-Development Studies In-Process: Draft task orders for additional feasibility studies totaling over $500,000 have been prepared and are ready to be executed. This includes: 1) Vulnerability 8 March 3, 2025 Item 09
Importance of Fairgrounds Housing/Clarification on DM Council Comments March 4, 2025

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Assessment with hydraulic modeling and sea level rise vulnerability analysis to understand flood conditions and identify site opportunities and constraints across Fairgrounds property; 2) CEQA Opportunities and Constraints Analysis; 3) Housing Site Feasibility Analysis; 4) Transportation Due Diligence Analysis; and 5) Water/Sewer Capacity Analysis. This work will be entirely paid for by the City using HAP grant funds, and will provide mutual benefit to the City and District.

LOSSAN Rail Realignment Project
The City greatly values its partnerships with the Fairgrounds, City of Solana Beach, City of San Diego, and other important community groups and stakeholders. Together, significant concerns have been expressed regarding some or all of the alternative rail alignments proposed to date by SANDAG as part of their Realignment Project. To help underscore the concerns raised by our partners and the Del Mar community, the City adopted Guiding Principles specific to the Realignment Project and entered into a Joint Resolution with the Fairgrounds and Solana Beach.

The City stands behind these actions, and took steps on March 3, 2025, to reaffirm the City’s Guiding Principles, which includes the following principle specific to the Fairgrounds:

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.

Also of importance, as officials of the City elected by the voters, individual Councilmembers have a right and responsibility to advocate for the best interest of the community. This is routinely done by the District Board and staff and the City of Solana Beach elected officials and their staff. What is of the utmost importance in doing so is making clear whether you are speaking in your official capacity on behalf of your organization or whether you are sharing your personal thoughts and opinions as a member of the public.

In instances where the Mayor or any Councilmember may have made comments that were inconsistent with the City’s official position, they were not speaking on behalf of the City. Moving forward, the Council will endeavor to ensure it is clear when they are speaking on behalf of themselves as members of the public and not on behalf of the City.

The City remains committed to working with the Fairgrounds, the cities of Solana Beach and San Diego, and SANDAG to find rail realignment options that work for everyone and minimize or eliminate negative impacts to the greatest extent possible.

Del Mar as a Responsible Agency
At the District Board meeting on February 11, 2025, the District once again asked the City to take a position of opposition to rail realignment alternatives that would negatively impact the Fairgrounds. However, as a Responsible Agency under CEQA for this project, the City will be required to consider approval of an amendment to the City’s Local Coastal Program (LCP; local Coastal Commission certified implementation of the California Coastal Act), issuance of Coastal Development Permits in accordance with Del Mar’s LCP, and a range of other approvals that no other stakeholder for this project has direct jurisdiction over. For the City to select or influence a particular route before the Draft Environmental Impact Report is released could unduly prejudice 9 March 3, 2025 Item 09
Importance of Fairgrounds Housing/Clarification on DM Council Comments March 4, 2025

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the City’s role as a Responsible Agency and could compromise the City’s ability to bring forward future challenges to protect the City's interest.

In considering the City’s role as a Responsible Agency, and to protect the City’s interests, Del Mar’s representative to the SANDAG Board, Mayor Terry Gaasterland, abstained from participating in agenda Item 9 related to the Realignment Project at the SANDAG Board of Director’s meeting on February 28, 2025. A copy of the statement read by the Mayor at the SANDAG Board meeting is included for reference as Enclosure C.

Additionally, as was previously explained based on what is known at this time regarding the proposed locations of the alternative alignments, it appears all four Del Mar City Councilmembers may have a conflict of interest based on the proximity of their residence to one or more of the proposed alignments. This is unique to Del Mar, primarily due to the small size of the City, 2.2 square miles, in that no other stakeholder agency has the four proposed alignments traversing its jurisdiction and residences.

Following the issuance of the DEIR for the Realignment Project, the Council will work with the City Attorney’s office to facilitate a process whereby a majority of Councilmembers may participate in future required actions and determining positions to be taken by the City related to the Realignment Project.

In closing, the City of Del Mar respectfully requests that you direct District staff to re-engage with the City and move forward with the task orders that are ready for execution to begin the next phase of critical work to be completed under the ENRA.

Sincerely,
Terry Gaasterland, Mayor Tracy Martinez, Deputy Mayor
Enclosures: A) Del Mar Guiding Principles Related to the LOSSAN Rail Realignment Project B) Joint Resolution Between Del Mar, Solana Beach, and Fairgrounds C) Statement by Mayor Gaasterland to SANDAG Board – 2/28/25 cc: Del Mar City Council
Ashley Jones, City Manager
Clem Brown, Assistant City Manager
Karen Brindley, Planning & Community Development Director Amanda Lee, Principal Planner
Dustin Fuller, Supervising Environmental Planner
10 March 3, 2025 Item 09
Item 7-C, Discuss and vote on whether the District
CEO should continue or discontinue affordable
housing discussions with the City of Del Mar under
the Exclusive Rights Negotiating Agreement
entered into between the District and the City of
Del Mar
Background
Initial Discussions and Concerns
The City of Del Mar has been speaking with officials at the 22nd District Agricultural Association (22nd DAA) informally, on and off, for years about the possibility of hosting affordable housing on 22nd DAA property. The 22nd DAA in 2023 began talks to enter into an agreement to start formal negotiations, which were based on the City’s need to meet state-imposed requirements to provide affordable housing.

However, during these conversations, some Del Mar residents, with support from a Del Mar City Council member, began advocating for rerouting the Los Angeles-San Diego (LOSSAN) Rail Corridor through the Fairgrounds — an extraordinarily disruptive and consequential option that would render the self-funded 22nd DAA unable to operate any significant activities, such as the San Diego County Fair and horse racing, for a lengthy period of time.

In November 2023, the Del Mar City Council adopted a set of guiding principles on the LOSSAN Rail Corridor Realignment project that called for SANDAG to study other alternatives, including the destructive potential Fairgrounds alignment, which SANDAG had previously studied and ruled out years prior.

After receiving notification from 22nd DAA CEO Carlene Moore that a Fairgrounds alignment would threaten the ability to plan for accommodating the City of Del Mar’s request to site affordable housing on 22nd DAA property, Del Mar officials met with the 22nd DAA about adding another guiding principle. In December 2023, the Del Mar City Council voted to amend its guiding principles to state, “With regard to study of a potential

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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.”
Proceeding with Negotiations
With these assurances from the City, in February 2024, the 22nd DAA approved an Exclusive Negotiating Rights Agreement (ENRA) with the City of Del Mar. This agreement guaranteed that the 22nd DAA would negotiate only with the City — and no other jurisdictions or private parties — regarding the siting of affordable housing and that the two parties would work collaboratively to identify and study potential sites and options. The ENRA did not commit the 22nd DAA to providing housing but spelled out the process for determining whether, when, and how to proceed. The 22nd DAA Board would have the ultimate say in whether to site affordable housing on its property.

At the same meeting, the 22nd DAA passed a resolution opposing any LOSSAN alignment that would negatively impact the Fairgrounds. The resolution also proclaimed that the 22nd DAA’s “top public transportation priority is the swift construction of a seasonal rail platform that will reduce vehicular traffic during major events at the Del Mar Fairgrounds, thereby improving local air quality and reducing greenhouse gas emissions.” Alternative A and an Affordable Housing Pause
Months later, the San Diego Association of Governments (SANDAG) released a Notice of Preparation (NOP) for the Draft Environmental Impact Report (EIR) for the Los Angeles-San Diego-San Luis Obispo (LOSSAN) Rail Realignment Project. This report included three potential alignments for study, including “Alternative A,” which would reroute the train corridor through a significant portion of 22nd DAA property.

In response, the 22nd DAA’s Board of Directors met on July 15, 2024, to discuss the NOP, SANDAG’s Alignment Screening Report, and impacts to the 22nd DAA’s financial planning and operations. At this meeting, the Board passed a resolution that, among other things, officially opposed Alternative A, urged SANDAG to construct the long-planned and fully funded special events rail platform at the Fairgrounds as soon as possible; and paused affordable housing discussions with the City of Del Mar.

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The City’s representatives, including Mayor David Druker, responded at the time that they continued to stand behind its December 2023 guiding principle as it relates to protecting the needs of the 22nd DAA.

The City then approached the 22nd DAA and the City of San Diego to join the City and the City of Solana Beach to jointly pass a resolution expressing concern over all SANDAG’s proposed alignments — including Alternative A — as detailed in its NOP. This resolution, which was partially shaped with input from 22nd DAA staff, was in line with 22nd DAA’s previous positions opposing Alternative A. Del Mar’s and Solana Beach’s city councils and the 22nd DAA Board approved the resolution, a copy of which accompanies this report.

The resolution satisfied the agreement of opposition to Alternative A, allowing affordable housing discussions to resume between the City and 22nd DAA.

Latest LOSSAN Developments
City of Del Mar and 22nd DAA staff continued talking about affordable housing and made progress in the fall and winter of 2024. Simultaneously, City and 22nd DAA representatives also took part in SANDAG’s Values Analysis study for the LOSSAN Rail Realignment, in which the corridor’s stakeholders from across the region delved into technical issues, proposed alternatives, toured sites, and discussed impacts with the hope of modifying, eliminating, and/or adding alternative alignments.

Afterward, the City of Del Mar asked SANDAG to delay the fully funded and planned bridge replacement, seasonal rail platform, and double-tracking project until a final LOSSAN alternative was selected. However, the only proposed alternative that would impact this project’s viability is Alternative A — which the City had ostensibly opposed, based on its guiding principles and the joint resolution.

Analysis
In a KPBS new story about the differing views of the 22nd DAA and the City of Del Mar, the reporter, who interviewed new Mayor Terry Gaasterland, said that “Gaasterland said the better choice is Alternative A.” (Gaasterland replaced Druker, who opted to leave the City Council). The news story accompanies this report.

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The City’s request to delay the bridge replacement and seasonal rail platform project, as well as the statement by the new mayor, runs counter to the spirit of the City’s guiding principle. The request also appears to represent continued advocacy for further study and consideration of alignments that would harm the Fairgrounds, a fact known to the City because of its participation in the Values Analysis process.

The 22nd DAA Board has already made clear that Alternative A is unacceptable and would harm the economic, operational, environmental, and planning needs of the organization and the Fairgrounds, which produce an annual economic impact of more than $680 million for the region.

Considering the rhetoric and actions that would appear to support Alternative A, the 22nd DAA could risk spending time and resources on an affordable housing program that would not be viable if the organization is unable to fully operate for years due to cut-and-cover train tunnel construction.

Recommendation
The 22nd DAA Board of Directors should provide guidance on a monthly basis to the CEO as to whether the organization should continue to spend time and resources negotiating with the City on its request for affordable housing. This will allow for pausing and restarting conversations based on the City’s posture and developments concerning the LOSSAN Rail Realignment Project.

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A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

DEL MAR (DEL MAR), CITY COUNCIL OF THE CITY OF SOLANA
BEACH (SOLANA BEACH), AND 22ND DISTRICT AGRICULTURAL
ASSOCIATION (22ND DAA), (TOGETHER THE “PARTIES”),

REGARDING THE SAN DIEGO ASSOCIATION OF

GOVERNMENTS (SANDAG) LOSSAN RAIL REALIGNMENT

PROJECT
WHEREAS, the Los Angeles—San Diego—San Luis Obispo (LOSSAN) rail corridor is an important part of the region’s economy, has a role in our nation’s defense by providing direct rail access to key ports and military bases, and is a significant component of achieving SANDAG’s adopted climate goals; and
WHEREAS, the LOSSAN corridor also supports ridership for North County Transit District (NCTD), Amtrak Pacific Surfliner, and the transit of goods for the BNSF railway; and WHEREAS, a portion of this rail line runs along the environmentally sensitive and fragile Del Mar bluffs, the erosion of which continues to affect passenger and freight rail operations and has been identified for realignment by SANDAG; and WHEREAS, as part of the rail realignment effort, it is critically important that SANDAG undertake robust outreach and engagement throughout the process, which should include sharing information and engaging equally with each of the primary governing body project stakeholders (Primary Stakeholders) to determine a long-term solution to continue passenger and freight rail operations to the north and south; and WHEREAS, the built environment in which this project will be undertaken poses many challenges including potentially adverse impacts to public and private property (including acquisition of rights-of-way and eminent domain), businesses, homeowners/residents, tourism, public safety, sensitive environmental areas, and the regional economy during and following construction, which must be considered and minimized to the greatest extent feasible when identifying potential rail realignment options; and WHEREAS, SANDAG is the Lead Agency under the California Environmental Quality Act (CEQA), and the Primary Stakeholders may have discretionary actions at some point in the future making them a Responsible Agency under CEQA; and WHEREAS, significant negative concerns about each of the proposed project alignments (A, B, and C) have been raised by project stakeholders and the public as part of the project Notice of Preparation (NOP) public comment process, which closed on July 19, 2024.

NOW, THEREFORE, BE IT RESOLVED by the Parties that:

1. The above recitals are true and correct.

2. In light of the significant concerns that have been raised about proposed Alignments A, B, and C, including a lack of sufficient engagement with the Primary Stakeholders, the Parties request that SANDAG undertake more detailed engagement with the Primary Stakeholders to develop mutually agreed upon Resolution No. 2024-46
Attachment D
20 March 3, 2025 Item 09
Joint Resolution

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project goals and objectives, identify a clear project description and determine new or modified rail realignment options.

3. Throughout the planning, analysis, and design of this project, SANDAG should take into consideration how to minimize or, if possible avoid negative or adverse impacts as outlined by the Parties above.

4. Decision making should be based on publicly available documentation derived from research, engineering, and technical evaluations, including but not limited to selection of the proposed project and alternatives, attainment of the majority of defined key project objectives, and determinations of significance under CEQA for issue areas, environmentally preferred alternative, and statement of overriding considerations.

5. The Parties direct that a copy of this Resolution be provided to SANDAG once fully executed.

PASSED, APPROVED AND ADOPTED by the Parties as indicated by the following authorized signors as of the dates identified below:

CITY OF DEL MAR CITY OF SOLANA BEACH
____________________________ ____________________________ Dave Druker, Mayor Lesa Heebner, Mayor
DATE: ______________________ DATE: ______________________ 22ND DAA
____________________________
Frederick Schenk, Board President
DATE: ______________________
September 24, 2024
____________________________
E-SIGNED by Dave Druker
on 2024-09-24 17:56:58 PDT
September 25, 2024
E-SIGNED by Frederick Schenk
on 2024-09-25 20:38:35 PDT
September 24, 2024
________________________
E-SIGNED by Lesa Heebner
on 2024-09-24 20:32:40 PDT
21 March 3, 2025 Item 09
City of Del Mar
Council Liaison Report
TO: Honorable Mayor and City Councilmembers
FROM: Tracy Martinez, Deputy Mayor
DATE: March 3, 2025
North County Transit District (Primary) 02/20/25
FY 2024 Annual Transit Operations Performance Report: The North County Transit District (NCTD) Board of Directors (Board) received the Fiscal Year (FY) 2024 Annual Transit Operations Performance Report. This report provides an overview of NCTD’s performance trends by mode as they relate to budgeted goals and minimum performance standards for FY 2024. In FY 2024, NCTD restored BREEZE 302 & 303 to 20-minute headways on weekdays, increased weekend frequency on BREEZE 302 & 303, launched the COASTER Connection service in Sorrento Valley, and launched NCTD+ microtransit pilot in San Marcos. Total systemwide boardings were over 7.7 million in FY 2024, an 8% increase compared to the previous fiscal year and 3.4% over the budgeted goal.

CY2025 Discretionary Grants Strategy: The Board approved NCTD’s proposed Calendar Year (CY) 2025 Discretionary Grants Strategy. This strategic planning document adopts a strategy to establish competitive grant funding goals and priorities. Staff have identified four key projects for inclusion in the CY 2025 Discretionary Grants Strategy that require funding in excess of $1.3 billion.

These projects include:
• SPRINTER Fleet Replacement
• SPRINTER Corridor Service Improvement Project
• Eastbrook to Shell Double Track Project
• Sorrento to Miramar Double Track Project
These projects reflect NCTD’s strategic priority to expand freight rail operations along the San Diego and Escondido subdivisions, expand the span of service for SPRINTER, and reduce headways on SPRINTER trains from 30 to 15 minutes. NCTD will also seek funding for further project development of the CP SONGS Double Track and Buena Creek Grade Separation projects.

Set Public Hearing for Elimination of BREEZE Routes: The Board voted to set a public hearing on March 20, 2025 for the Board to consider the proposed elimination of BREEZE Routes 334 and 444 on May 18, 2025. BREEZE Route 334 is a one-way circulator route that serves the community surrounding the Vista Transit Center. The launch of the NCTD+ microtransit service in the City of Vista will provide coverage for the area currently served by BREEZE Route 334. BREEZE Route 444 provides weekday peak-only bus service connecting the Poinsettia COASTER station via Faraday Avenue and Rutherford Road.

NCTD staff is proposing to eliminate this route due to its failure to meet performance 1 March 3, 2025 Items XII. - B,E,I; XIII. - N
City Council Liaison Report
March 3, 2025

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standards for consecutive service changes, including deficient passengers per revenue hour and net cost per passenger. Existing BREEZE route 445 will continue to serve Palomar Airport Road. Over the next month, NCTD staff will conduct public outreach in-person at the Carlsbad Poinsettia COASTER Station and Vista Transit Center. After the public hearing at the NCTD Board meeting on March 20, 2025, the Board will vote on the proposed elimination of BREEZE Routes 334 and 444.

SANDAG Regional Planning Joint meeting with Transportation and Borders held at Caltrans building on February 21,2025
I was elected Regional Planning vice chair for 2025
Meeting agenda included:

Governing structure of each committee including policy on responsibilities, membership procedural rules for BOD, Policy Advisory Committees and other legislative bodies.

Main presentation was the update on the DRAFT 2025 Regional Plan Transportation Network. Q&A session followed breakout posters stations.

I have copies of the draft proposal for each Council Member.

Sustainability Advisory Board February 24,2025
Jenny Anderson was nominated as Chair, Dolores Jamison as Vice Chair and Valerie DufortRoy as Secretary.

There are two committee openings- one voting and one ex-officio.

Ann Feeney spoke during public comments to have the committee weigh in on high performance REACH Code request for Del Mar.

The committee will be having a special meeting to work on the committee’s Work Plan.

Plastic/zero waste sub-committee voiced frustration with some businesses violating the City’s plastic/zero waste ordinances.

CSA-17 Ambulance District Advisory Board (Primary)
I was elected chair for 2025.
2 March 3, 2025 Items XII. - B,E,I; XIII. - N
City of Del Mar
Council Liaison Report
TO: Honorable Mayor and City Councilmembers
FROM: John Spelich, Councilmember
DATE: March 3, 2025
Lagoon Committee (Alternate)
During the most recent Lagoon Committee meeting on Feb 19, members raised two points for future consideration at City Council.

The Committee is requesting Del Mar increase the water monitoring to four times a year as a means of giving a more realistic view of what is happening to Lagoon health as measured by factors such as dissolved oxygen, turbidity, Ph balance, and temperature. At present, water quality is measured twice a year and the committee feels that without additional monitoring it cannot effectively do its job.

The Lagoon Committee also raised the prospect of a vote at its next meeting to explore resident questions around fishing in the lagoon and to make a recommendation to Council. The committee raised concerns about people fishing outside of designated areas and potentially entering protected areas, and discussed potential ways to incentivize appropriate usage of the lagoon.

The committee also is to have a special meeting soon to set its work plan for the coming year. 1 March 3, 2025 Item XIII. - K

Del Mar City CouncilMarch 3, 2025

Del Mar City Council
March 3, 2025