Del Mar City Council
June 2, 2025

Table of Contents
6-2-2025 Regular Meeting Agenda
Item 2 - Minutes
Item 3 - 6.2.25 List of Demands Packet
Item 5 - Adoption of SB 9 LCPA
Item 6 - TNC Amendment to Agreement
Item 7 - Agreement for Audit Services
Item 8 - Reclaimed Water Agreement
Item 9 - SB1 Pavement Funding
Item 10 - Asphalt Roadway Repairs
Item 11 - Temporary Sculpture Program Phase II
Item 12 - Del Mar FHSZ Map Ordinance_FINAL
Item 13 - Borrower's Reso for UP Financing
Item 14 - Bike & E-Bike Regulations
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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, June 2, 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.

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 June 2, 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 Linda Chisari as the Del Mar Community Connections Volunteer of the Year
Recommended Action: Mayor Terry Gaasterland will present a proclamation to Linda Chisari.

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 June 2, 2025
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

2. Approval of Minutes: May 19, 2025 Regular and Special Meeting Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

3. Ratification of List of Demands dated June 2, 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. Second Reading and Adoption of an Ordinance to Accept California Coastal Commission (CCC) Modifications to the Senate Bill 9 Implementation Ordinance No. 996 Adopted by the City Council on June 19, 2023, to Amend the Del Mar Municipal Code and Local Coastal Program for Consistency with the April 9, 2025, Coastal Commission Conditional Certification Decision Relating to Two-Unit and Urban Lot Split Development in Single Dwelling Unit Residential Zones
Recommended Action: Staff recommends the City Council adopt the Senate Bill 9 (SB 9) Ordinance (Attachment A) to accept changes required by the California Coastal Commission as a condition of final certification of the Local Coastal Program Amendment (LCPA) for consistency with the April 9, 2025, California Coastal Commission conditional certification decision.

Reference: Clerk’s File No. 401-4, 401-9

6. Amendment to Agreement with True North Compliance Services, Inc. for Building and Safety Services
Recommended Action: Staff recommends the City Council: 1) Approve the First Amendment to the Agreement with True North Compliance Services, Inc. (Attachment A) for Building and Safety Services extending the term for an additional five-year period ending June 30, 2030; and 2) Authorize the City Manager to execute the Amendment.

Reference: Clerk’s File No. 406-1
Del Mar City Council Regular Meeting June 2, 2025
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1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

7. Agreement for Audit Services
Recommended Action: Staff recommends the City Council: 1) Approve a professional services agreement with Davis Farr, LLP (Attachment A) to provide audit services to the City for an initial three-year period effective July 1, 2025, through June 30, 2028; and 2) Authorize the City Manager to execute the agreement and any subsequent term extension amendments provided in the agreement contingent upon satisfactory performance by the consultant.

Reference: Clerk’s File No. 406-1

8. Restructuring the Sale of Reclaimed Water to the 22nd District Agricultural Association
Recommended Action: Staff recommends the City Council: 1) Adopt a Resolution (Attachment A) to Rescind Resolution 2000-19 Adopting Rules and Regulations for Recycled Water Service; 2) Approve an Agreement with the San Elijo Joint Powers Authority Regarding Delivery of Reclaimed Water and Delegation of Responsibilities Under the Water Recycling Act of 1991 (Attachment B); 3) Approve the Fourth Amendment to the Reclaimed Water Sales Agreement with the San Elijo Joint Powers Authority and the 22nd District Agricultural Association (Attachment C); and 4) Authorize the City Manager to execute the Agreement and the Fourth Amendment.

Reference: Clerk’s File No. 406-1

9. Fiscal Year 2025-2026 Senate Bill 1 Funding for the City's Pavement Management Program
Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) establishing the list of Fiscal Year (FY) 2025-2026 projects to be funded by Senate Bill 1 (SB1) from the State of California.

Reference: Clerk’s File No. 401-7, 803-3

10. Award of Construction Contract to Portillo Concrete, Inc. for the 2025 Asphalt Roadway Repairs
Recommended Action: Staff recommends the City Council: 1) Award a $60,000 construction contract to Portillo Concrete, Inc. (Attachment A) for the 2025 Asphalt Roadway Repairs project; and 2) Authorize the City Manager to execute the contract.

Reference: Clerk’s File No. 406-1
Del Mar City Council Regular Meeting June 2, 2025
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1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

11. Proposal for Phase II of the Temporary Sculpture Program Recommended Action: Staff recommends that the City Council: 1) Authorize the City Manager to sign the Memorandum of Understanding (MOU) between the City and Del Mar Foundation (Foundation) (Attachment A) for Phase II of the City’s Temporary Outdoor Sculpture Program (Program); and, 2) Approve the five art sculptures, plus one alternate, proposed by the Foundation for Council consideration and approval (Attachment B).

Reference: Clerk’s File No. 1202-5, 1202-11
IX. PUBLIC HEARING

12. Introduction of an Ordinance Adopting an Updated Fire Hazard Severity Zone Map for the City of Del Mar
Recommended Action: Staff recommends that the City Council introduce an Ordinance (Attachment A) amending the Del Mar Municipal Code to add Section

10.04.015 reflecting local adoption of the Del Mar Fire Hazard Severity Zones Map (FHSZ Map) to designate Moderate, High, and Very High Fire Hazard Severity Zones (Exhibit 1 to Attachment A) to comply with the requirements of California Government Code Section 51179.

Reference: Clerk’s File No. 401-4, 401-9
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS

13. Consideration of an IBank Borrower’s Resolution Related to Undergrounding Program Financing
Recommended Action: Staff recommends the City Council: 1) Receive a presentation from City staff regarding updated Measure Q cashflow information; 2) Identify the maximum loan amount to be considered by IBank; and 3) Approve the Borrower’s Resolution required by IBank for Undergrounding Financing (Attachment A).

Reference: Clerk’s File No. 1001-2

14. Discussion of Regulations for Bicycles, Including Electric Bicycles, in the City of Del Mar
Recommended Action: Staff recommends that the City Council discuss and provide direction to staff on proposed regulations for bicycles, including e-bikes, on trails and sidewalks in the City of Del Mar.

Del Mar City Council Regular Meeting June 2, 2025
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 401-4, 401-9
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) 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) 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
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)
L. Planning Process Subcommittee (Includes Sea-Level Rise Adaptation Plan Implementation (Gaasterland/Spelich)
M. Shores Advisory Committee
N. Sustainability Advisory Committee (Martinez/Gaasterland) O. Traffic and Parking Advisory Committee (Quirk/Spelich) P. Undergrounding Program Advisory Committee (Gaasterland/Spelich) Q. Other Committee-Subcommittee Report
Del Mar City Council Regular Meeting June 2, 2025
Agenda Page 7
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.

June 16, 2025
LRA Fire Map/Ordinance (2nd Reading)
First Amendment to San Diego Humane Society Agreement to Adjust for Public Fees EP25-050: Approval of Long-Term Major EP for Repair and Refinishing of a Wall and Railing FY 2025-26 and 2026-27 Two-Year Budget Adoption
City's Response to Updated NOP for San Diego LOSSAN Rail Realignment Project Recap of Shores Park Master Planning Effort and Next Steps XV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 29th day of May, 2025 at approximately 4:30 p.m.
___________________________________________ 5/29/2025
Sarah Krietor, Administrative Services Manager/ Date
City Clerk

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
MAY 19, 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 4:31 p.m.

ROLL CALL

Present: Mayor Terry Gaasterland (arrived at 5:30p.m. due to a work conflict); Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported on the April 21, May 13, and May 19, 2025, Closed Session Meetings. For April 21, 2025, she reported that the Council met with Special Counsel in Closed Session following open session from 9:30 p.m.-10:00 p.m. related to significant exposure to litigation concerning risks to the City for possible violations of the City Manager’s employment contract from public statements by Councilmember Quirk. Councilmember Quirk did not attend any part of the Council Session. While there is no required reportable action under the Brown Act, the remaining members (Mayor Gaasterland, Deputy Mayor Martinez, and Councilmember Spelich) wish to advise that following a thorough briefing from Special Counsel, they authorized Special Counsel Gonzalez-Moises to send out a detailed cease and desist letter to Councilmember Quirk on Monday, April 28, 2025, that was posted on the City’s website along with the e-mails revised by Special Counsel from which she made her recommendation.

The vote was 2-0-1 with Mayor Gaasterland abstaining.

City Attorney Devaney reported that there were no recusals, absences, or reportable actions for the May 13, 2025, Closed Session.

Lastly, City Attorney Devaney reported that there was not a quorum for the May 19, 2025, Closed Session, and that Deputy Mayor Martinez and Councilmember Spelich received a briefing from the City Attorney’s Office on Item A. No action was taken.

PLEDGE OF ALLEGIANCE
Deputy Mayor Martinez led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Martinez opened public oral communication:

1. Rose Ann Sharp

2. Shirli Weiss

3. Diana Kutlow representing Senator Blakespear
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May 19, 2025

4. Kristine Schindle
Deputy Mayor Martinez closed public oral communication.

CITY COUNCIL COMMUNITY ANNOUNCEMENTS
None.

CITY MANAGER’S REPORT
City Manager Ashley Jones reported that the Del Mar Fire Department will hold a Wildfire Prevention and Preparedness Workshop on Tuesday, May 20, 2025, at 5:30 p.m. in the Town Hall; the San Diego Association of Governments (SANDAG) issued a revised Notice of Preparation for the San Diego LOSSAN Rail Realignment Project, and related public scoping meeting on May 29, 2025, at 6:00 p.m. at The Sound located at the Del Mar Fairgrounds; the City’s Powerhouse Park Tot Lot Renovation Project selection for the 2025 ASCE San Diego Section Award for Outstanding Small Project and acknowledged the hard work for Project Manager Karen Falk who accepted the award on behalf of the City; the community survey related to ADU’s is closing on May 28, 2025; and the successful Bike Anywhere Day held on May 15, 2024.

PRESENTATIONS
ITEM 1: PRESENTATION ON THE 2025 SAN DIEGO COUNTY FAIR (CLERK’S FILE NO. 1502- 10)
Deputy Mayor Martinez introduced the item. A presentation was provided by Del Mar Fairgrounds Chief Executive Officer Carlene Moore.

City Council questions and discussion focused on where the season pass can be purchased; excitement about the expansion of the garden show; and traffic control plan and signage.

There were no public speakers for this item.

CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items. Item 5 was pulled by Councilmember Quirk for discussion.

IT WAS MOVED BY COUNCILMEMBER SPELICH, SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 2-4 AND 6-9. (VOTE 3-0 WITH

MAYOR GAASTERLAND ABSENT)
Ayes: Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich; Noes: 0; Recuse:
0; Absent: Mayor Gaasterland; Abstain: 0.

ITEM 2: APPROVAL OF MINUTES: APPROVAL OF MINUTES: APRIL 21, 2025 REGULAR AND SPECIAL MEETING, MAY 13, 2025 SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED MAY, 19, 2025 (CLERK’S FILE NO. 201-3)
2 June 2, 2025 Item 2
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May 19, 2025

Council approved the list of demands, on consent.

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

ITEM 5: APPROVAL OF TASK ORDER WITH MICHAEL BAKER INTERNATIONAL FOR

CITYWIDE CAPITAL IMPROVEMENT PROGRAM-LEVEL ENVIRONMENTAL IMPACT REPORT (CLERK’S FILE NO. 406-1)
The item was pulled from the consent calendar for a brief presentation from Management Analyst Nestor Machado. Council questions focused on clarification of the scope related to the undergrounding district Utility Undergrounding District X1A (Crest Canyon); California Environmental Quality Act (CEQA) exemptions from roadway and water work; whether the City has done Programmatic Environmental Impact Reports (PEIR) in the past; process for completing a programmatic EIR prior to all project details being known; timeline for PEIR completion and presentation to Council; City’s process for hiring environmental and engineering professional services; and request from one Councilmember to receive the term expiration date for the Michael Baker International (MBI) agreement and City expenditure to date with MBI.

Deputy Mayor Martinez opened public oral communication, and Kristine Schindle spoke.

Deputy Mayor Martinez closed public oral communications.

IT WAS MOVED BY COUNCILMEMBER SPELICH, SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE A $267,028 TASK ORDER WITH MICHAEL BAKER

INTERNATIONAL (MBI) TO PREPARE A PROGRAM-LEVEL ENVIRONMENTAL IMPACT REPORT (PEIR) FOR THE CITY’S CAPITAL IMPROVEMENT PROGRAM (CIP); AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE TASK ORDER. (VOTE 3-0-1 WITH MAYOR GAASTERLAND ABSENT)
Ayes: Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich; Noes: 0; Recuse: 0; Absent: Mayor Gaasterland; Abstain: 0.

ITEM 6: CONTINUED FROM MAY 5, 2025: SECOND READING AND ADOPTION OF AN

ORDINANCE TO ACCEPT CALIFORNIA COASTAL COMMISSION (CCC) MODIFICATIONS TO ORDINANCE NO. 1002 ADOPTED BY THE CITY COUNCIL ON DECEMBER 18, 2023, TO AMEND DEL MAR MUNICIPAL CODE (DMMC) CHAPTERS

30.91 (ACCESSORY DWELLING UNIT REGULATIONS) AND 30.75 (COASTAL

DEVELOPMENT PERMITS) IN THE LOCAL COASTAL PROGRAM (LCP) FOR CONSISTENCY WITH THE MARCH 13, 2025, CCC CONDITIONAL CERTIFICATION DECISION (CLERK’S FILE NO. 303-1, 401-4, 401-9)
Council adopted Ordinance 1017, “AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF DEL MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL CODE (ZONING CODE) CHAPTER 30.91 ACCESSORY DWELLING UNIT (ADU) REGULATIONS AND CHAPTER 30.75 COASTAL DEVELOPMENT PERMIT REGULATIONS AS ADOPTED BY PROSPECTIVE ORDINANCE NO. 1002; ALL

RELATING TO AMENDMENTS REQUIRED BY THE CALIFORNIA COASTAL

COMMISSION AS A CONDITION OF APPROVAL FOR THE CITY TO OBTAIN FINAL 3 June 2, 2025 Item 2
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May 19, 2025

CERTIFICATION OF THE ADU ORDINANCE FOR IMPLEMENTATION OF THE 6TH CYCLE HOUSING ELEMENT PROGRAMS 2F (TINY HOMES) AND 6B
(AFFIRMATIVELY FURTHERING FAIR HOUSING)”, on consent.

ITEM 7: APPOINTMENT TO THE SUSTAINABILITY ADVISORY COMMITTEE (CLERK’S FILE NO. 401-5)
Council reappointed Valerie Dufort-Roy as a voting member on SAC to serve a full threeyear term beginning on May 19, 2025, and ending on May 31, 2028, on consent.

ITEM 8: TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 IMPLEMENTATION PLAN (CLERK’S FILE NO. 401-8)
Council adopted Resolution 2025-09 “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DEL MAR, CALIFORNIA, ADOPTING THE TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 IMPLEMENTATION PLAN”; and authorized the City Manager to amend the Title VI Implementation Plan as-needed to ensure continued future compliance with statutory requirements, on consent.

ITEM 9: ACCEPTANCE OF 2024 STATE HOMELAND SECURITY PROGRAM GRANT FUNDS (CLERK’S FILE NO. 201-3)
Council accepted $5,851 in grant funds from the Fiscal Year (FY) 2024 State Homeland Security Program (SHSP) for the purchase of individual thermal imaging cameras and rescue equipment for the Del Mar Fire Department; and authorized the City Manager to execute the necessary grant documents, on consent.

COMMISSION AND COMMITTEE INTERVIEWS
ITEM 10: DESIGN REVIEW BOARD INTERVIEWS AND APPOINTMENT (CLERK’S FILE NO. 401-5)
An introduction to the item was provided by Mayor Gaasterland. A presentation was provided by Administrative Services Manager Krietor. The Council interviewed the candidates to fill two vacant seats on the Design Review Board (DRB).

The Council unanimously voted to reappoint Tina Thomas to serve a second full four-year term as a voting member on the Design Review Board beginning June 1, 2025, and expiring on June 30, 2029.

The Council voted twice and both times candidate Steve Mitgang received two votes from Mayor Gaasterland and Councilmember Quirk and candidate Adam Wallace received two votes from Deputy Mayor Martinez and Councilmember Spelich. As neither candidate received the required three affirmative votes to be appointed, Council consensus was to reopen the vacancy to solicit additional interest.

PUBLIC HEARING
ITEM 11: INTRODUCTION OF AN ORDINANCE TO ACCEPT CALIFORNIA COASTAL COMMISSION (CCC) MODIFICATIONS TO THE SENATE BILL 9 IMPLEMENTATION ORDINANCE NO. 996 ADOPTED BY THE CITY COUNCIL ON JUNE 19, 2023, TO

AMEND THE DEL MAR MUNICIPAL CODE AND LOCAL COASTAL PROGRAM FOR CONSISTENCY WITH THE APRIL 9, 2025, COASTAL COMMISSION CONDITIONAL 4 June 2, 2025 Item 2
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CERTIFICATION DECISION RELATING TO TWO-UNIT AND URBAN LOT SPLIT DEVELOPMENT IN SINGLE DWELLING UNIT RESIDENTIAL ZONES (CLERK’S FILE NO. 401-4, 401-9)
A presentation was provided by Principal Planner Amanda Lee. Planning and Community Development Director Karen Brindley was available to answer questions.

Council questions focused on advantages of completing a lot split under Senate Bill 9 (SB 9); appreciation to staff for their work on this item; and California Coastal Commission (CCC) clarifications being considered for adoption.

There were no public speakers for this item.

IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY DEPUTY MAYOR MARTINEZ TO 1) CONFIRM STAFF’S DETERMINATION THAT THIS ACTION IS EXEMPT FROM REVIEW UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15378 AND GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N) BECAUSE THE ADOPTION OF AN ORDINANCE TO IMPLEMENT SB 9 IS NOT CONSIDERED A PROJECT UNDER DIVISION 13 OF THE PUBLIC RESOURCES CODE; AND 2) INTRODUCE AN ORDINANCE

TO ACCEPT CHANGES REQUIRED BY THE CCC AS A CONDITION OF FINAL CERTIFICATION OF

THE LOCAL COASTAL PROGRAM AMENDMENT (LCPA), WHICH AMENDS THE CALIFORNIA SENATE BILL 9 (SB 9) IMPLEMENTATION ORDINANCE NO. 996 PREVIOUSLY ADOPTED BY THE CITY COUNCIL ON JUNE 19, 2023, THAT ADDED NEW DEL MAR MUNICIPAL CODE (DMMC) CHAPTERS 23.07, 24.66, AND 30.93 AND AMENDED DMMC CHAPTERS 30.10, 30.11, 30.12, 30.13,

30.14, 30.15, AND 30.75. THE PROPOSED ORDINANCE WOULD FURTHER AMEND DMMC CHAPTERS 23.07, 24.66, 30.13, 30.15, AND 30.93 FOR CONSISTENCY WITH THE APRIL 9, 2025, CCC CONDITIONAL CERTIFICATION DECISION. (VOTE 4-0)
Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

ITEM 12: CONTINUED FROM APRIL 21, 2025: REQUEST TO ADOPT A MITIGATED NEGATIVE

DECLARATION AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM; AND TO APPROVE REVISION MAP RM22-001 AND COASTAL DEVELOPMENT PERMIT CDP24-012 RELATED TO AMENDING RECORDED PARCEL MAP (TPM-77-03) FOR PURPOSES OF REDUCING THE AREA OF AN EXISTING SCENIC EASEMENT ON THE PROPERTY LOCATED AT 1201 CUCHARA DRIVE, DEL MAR.

APPLICANT/OWNER: MARK AND LAURA WEBER TRUST DATED APRIL 4, 2009 ASSESSOR PARCEL NUMBER (APN): 300-143-38-00
PROPERTY LOCATION: 1201 CUCHARA DRIVE, DEL MAR
(CLERK’S FILE NO. 301-18)
Administrative Services Manager/City Clerk Krietor read the procedure for the hearing. A presentation was provided by Associate Planner Jean Crutchfield.

Council disclosures were as follows: Councilmember Quirk had no disclosures; Councilmember Spelich disclosed he spoke with Assistant City Attorney Wendy House; Deputy Mayor Martinez disclosed that she visited the property but did not speak to the resident; and Mayor Gaasterland disclosed that she 5 June 2, 2025 Item 2
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May 19, 2025

visited the property from the street and reviewed the relevant section of the City’s Community (General) Plan.

Council questions focused on the largest structure the applicant could build in the new building area if the home was demolished; clarification on how the proposed map amendment may be affected by potential future SB 9 legislative changes; whether the vacated alley adjacent to this property is privately owned; why the applicable section of the Community Plan is labeled section L; and clarification on the lot coverage permitted on this lot.

Mayor Gaasterland opened the public hearing and the applicant Mark Weber and his representative Randy Brown with Sowards and Brown Engineering, Inc. provided a presentation.

Mayor Gaasterland opened the item to public comment and Michael Qualatone spoke. Mayor Gaasterland closed public oral communication.

The applicant Mark Weber and his representative Randy Brown had a five-minute rebuttal.

Mayor Gaasterland closed the public hearing.

Council discussion focused on the time and cost to the applicant to go through this process; whether SB 9 will be applicable to this property in the future; whether Councilmembers could make the required findings in order to approve the map amendment; concern about the enforceability of provisions and commitments offered by the applicant consistent with the Planning Commission’s recommendations; clarification on the size of a permittable ADU on the subject property; letters submitted from neighboring properties; and whether a covenant would be legally binding on future property owners.

IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER QUIRK, WITH A

FRIENDLY AMENDMENT BY MAYOR GAASTERLAND AND ACCEPTED BY COUNCILMEMBER QUIRK THAT FINDINGS 1-4 HAVE BEEN MET; TO ADOPT THE MND, AND APPROVE THE MAP

AMENDMENT, INCLUDING THE RECORDING OF A COVENANT AS OFFERED BY THE PROPERTY OWNER. (VOTE 2-2, WITH DEPUTY MAYOR MARTINEZ AND COUNCILMEMBER SPELICH OPPOSED – MOTION FAILED)
Ayes: Mayor Gaasterland; Councilmember Dan Quirk; Noes: Deputy Mayor Martinez and Councilmember Spelich; Recuse: 0; Absent: 0; Abstain: 0.

COUNCIL MEETING RECESS:

The City Council took a meeting recess from approximately 8:35 to 8:55 p.m.

CITY COUNCIL OTHER BUSINESS
ITEM 13: INITIAL CONSIDERATION OF AN APPEAL OF THE DESIGN REVIEW BOARD’S APPROVAL OF DESIGN REVIEW PERMIT (DRB24-006)
PROJECT APPLICANT/PROPERTY OWNER: LISA PARNELL, FOOTER RESIDENCE TRUST
PROJECT APPELLANTS: JULIE AND DAVID FOUQUET
PROJECT LOCATION: 483 AVENIDA PRIMAVERA (APN: 299-290-04-00) (CLERK’S FILE NO. 301-5)
6 June 2, 2025 Item 2
City Council Regular Minutes
May 19, 2025

Administrative Services Manager Krietor read the initial consideration procedure. A presentation was provided by Associate Planner Jean Crutchfield. Planning and Community Development Director Karen Brindley and Principal Planner Matt Bator were available to answer questions.

Councilmember Quirk had no disclosures. Councilmember Spelich disclosed that he read the report.

Deputy Mayor Martinez disclosed that she walked by the property. Mayor Gaasterland disclosed that she visited the property and had a phone conversation with the appellant’s tenant.

The appellant Julie Fouquet provided comments on why she felt the appeal should be set for a de novo hearing. The applicant’s representative Jim Sneed provided comments on why he and the applicant felt the matter should not be set for de novo hearing.

Mayor Gaasterland opened the item to public comment and the following people spoke:
1) Ralph Keeling
2) Emily Takahaski
3) Joseph Nickerson
Mayor Gaasterland closed the item to public comment.

Mayor Gaasterland and Deputy Mayor Martinez indicated they would like to set the item for a de novo hearing. Council directed staff to set the item for de novo hearing at the next available meeting and to notify the parties involved.

ITEM 14: COUNCIL GOALS AND PRIORITIES RECAP (CLERK’S FILE NO. 401-1) City Manager Jones provided a brief overview and suggested the City Council consider continuing the item to the City Council Budget Workshop on May 27, 2025, at 1:00 p.m., which was unanimously supported by the Council.

ITEM 15: INITIAL RECOMMENDATIONS FROM THE COMMITTEE STREAMLINING TASKFORCE (CLERK’S FILE NO. 401-5)
An introduction to the item was provided by Mayor Gaasterland and Deputy Mayor Martinez. A presentation was provided by Senior Management Analyst Kseniia Izgarskaia.

Council questions and discussion focused on preferred language related to the Traffic and Parking Advisory Committee (TPAC) business representative seat; desire to maintain one ex-officio position on the Sustainability Advisory Committee (SAC) and related revisions to Council Policy 200; and rationale for the Subcommittee’s recommendations.

There were no public speakers for the item.

IT WAS MOVED BY COUNCILMEMBER QUIRK, SECONDED BY MAYOR GAASTERLAND TO 1) ADOPT RESOLUTION 2025-10 AS REVISED TO MAINTAIN ONE EX-OFFICIO POSITION ON THE SAC, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING COUNCIL POLICY 200 COMMITTEES - CITY COUNCIL ADVISORY COMMITTEES,

BOARDS, AND COMMISSIONS TO IMPLEMENT CHANGES TO THE COMMITTEE STRUCTURE

RELATED TO MEMBERSHIP CATEGORIES, COMMITTEE SIZE, AND MEETING FREQUENCY AND DIRECTING CITY CLERK TO AMEND ADVISORY COMMITTEE CHARTERS”; 2) ADOPT RESOLUTION 2025-11, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, DISSOLVING THE ARTS ADVISORY COMMITTEE”; 3) APPROVE BI-ANNUAL AND

OTHERWISE AS-NEEDED MEETING SCHEDULE FOR THE TRAFFIC AND PARKING ADVISORY 7 June 2, 2025 Item 2
City Council Regular Minutes
May 19, 2025

COMMITTEE; 4) DIRECT STAFF TO RETURN TO THE CITY COUNCIL WITH AN ORDINANCE TO ELIMINATE EX-OFFICIO POSITIONS ON THE DESIGN REVIEW BOARD; AND 5) DIRECT STAFF TO MAKE MINOR EDITS TO COUNCIL POLICY 200. (VOTE 4-0)
Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

ITEM 16: FISCAL YEAR 2025-2026 ADVISORY COMMITTEE WORK PLANS (CLERK’S FILE NO. 401-5)
A presentation was provided by Senior Management Analyst Izgarskaia.

Council questions and discussion focused on general support for the proposed work plans and the process for committee’s to develop and approve work plans annually for City Council consideration.

There were no public speakers for the item.

IT WAS MOVED BY COUNCILMEMBER QUIRK, SECONDED BY MAYOR GAASTERLAND TO APPROVE THE FISCAL YEAR 2025-2026 ADVISORY COMMITTEE WORK PLANS AS INCLUDED IN THE AGENDA REPORT. (VOTE 4-0)
Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
None.

ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 9:30 p.m.
_____________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
8 June 2, 2025 Item 2

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
MAY 19, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California

CALL TO ORDER
The special meeting had a scheduled start time of 3:30 p.m. However, with the absence of Mayor Gaasterland and Councilmember Quirk, the City Attorney determined that there was no quorum to convene a closed session meeting and therefore only a briefing with the members present would be possible. The briefing with legal counsel started at approximately 3:30 p.m.

ROLL CALL

Present: Deputy Mayor Tracy Martinez and Councilmember John Spelich.

Absent: Mayor Gaasterland and Councilmember Dan Quirk.

CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Weber parcel map amendment
Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None.

ADJOURNMENT
No formal closed session meeting occurred. The legal briefing with two Councilmembers as described above concluded at approximately 4:20 p.m.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
9 June 2, 2025 Item 2

Vendor Payment Checks $ 280,053.58
Voids -
Electronic Fund Transfers (EFT) 880,648.95
Electronic Wires 108,796.19
Total $ 1,269,498.72
Approved by: Approved by:

Marco Camacho Terry Gaasterland
Finance Manager/Treasurer Mayor
Date: Date:

Attachments: Check Registers

LIST OF DEMANDS

CITY OF DEL MAR
for
City Council Meeting
June 2, 2025
1 June 2, 2025 Item 3
05/13/2025
Check List
City of Del Mar
1 10:01:13AM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6821 5/13/2025 kay01 ADAM KAYE APR-25 4/28/2025 COMM SRVCS APR 4,500.00 4,500.00 Voucher: 6821
6822 5/13/2025 bak09 BAKER ELECTRIC 05072025 5/7/2025 PARKING REFUND 200.00 200.00 Voucher: 6822
6823 5/13/2025 cal81 CALLTOWER INC 202506721 4/25/2025 TELEPHONE MAY 336.49 336.49 Voucher: 6823
6824 5/13/2025 civ02 CIVIC SOLUTIONS INC 105758 4/1/2025 CONSULTING SRVCS MAR 1,896.00 1,896.00 Voucher: 6824
6825 5/13/2025 coa21 COAST NEWS GROUP 00156835 4/25/2025 AD - PUBLIC HEARING 406.88 Voucher: 6825 00156840 4/25/2025 AD - ORDIN INTRO 81.38 00156843 4/25/2025 AD - ORDIN ADOPT 108.50 596.76
6826 5/13/2025 cor11 CORODATA MEDIA STORAGE INC DS1311579 4/23/2025 STORAGE SRVCS APR/MAY FINAL 471.34 471.34 Voucher: 6826
6827 5/13/2025 cor22 CORVEL CORPORATION 1811770 4/18/2025 MED MAINT - APR 250.00 250.00 Voucher: 6827
6828 5/13/2025 del02 DEL MAR BLUE PRINT CO, INC615930 1/31/2025 SCANNING SRVCS CS 68.30 Voucher: 6828 621800 4/30/2025 PRINTING SRVCS CS 60.14 128.44 6829 5/13/2025 dix01 DIXIELINE LUMBER CO 06-059065 4/23/2025 OPERATING SUPP PW 8.11 8.11 Voucher: 6829
6830 5/13/2025 mic11 MICHAEL BAKER INTERNATIONAL 1246395 4/24/2025 CITY ENGR SRVCS MAR 69,608.01 69,608.01 Voucher: 6830
6831 5/13/2025 red04 REDFLEX TRAFFIC SYSTEMS INC INV0098887 4/30/2025 RED LIGHT CAMERA APR 5,283.00 5,283.00 Voucher: 6831
6832 5/13/2025 san12 SAN DIEGO COUNTY SHERIFF04302025 4/30/2025 LAW ENF MAR 227,248.46 227,248.46 Voucher: 6832
6833 5/13/2025 san03 SAN DIEGO COUNTY WATER AUTH. 04302025 4/30/2025 SDCWA CAP CHRGS-1408 STRATFORD 3,818.00 3,818.00 Voucher: 6833
6834 5/13/2025 tow05 TOWNSEND PUBLIC AFFAIRS INC 23354 5/1/2025 LEGISLATIVE SRVCS MAY 4,000.00 4,000.00 Voucher: 6834
Sub total for EFT GENERAL ACCOUNT US BANK: 318,344.61
Page: 1
2 June 2, 2025 Item 3
05/13/2025
Check List
City of Del Mar
2 10:01:13AM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139637 5/13/2025 sbc03 AT&T 9391059863 5/1/2025 TELEPHONE APR 668.21 Voucher: 139637 9391065056 4/27/2025 TELEPHONE APR 30.32 9391065055 4/27/2025 TELEPHONE APR 30.30
9391065054 4/27/2025 TELEPHONE APR 30.30
9391065053 4/27/2025 TELEPHONE APR 30.30 789.43
139638 5/13/2025 atk02 ATKINSON, ANDELSON, LOYA, RUDD 746859 3/31/2025 LEGAL FEES MAR 7,375.73 7,375.73 Voucher: 139638
139639 5/13/2025 res01 CALWEN INC, DBA RESCUE SOURCE 136418 4/25/2025 LIFEGUARD TOOLS CS 1,979.21 1,979.21 Voucher: 139639
139640 5/13/2025 cas06 CASAZZA, BRIAN 04222025 4/22/2025 APPLICATION REFUND 3,576.61 3,576.61 Voucher: 139640
139641 5/13/2025 cli04 CLIFTONLARSONALLEN LLP L251292364 5/7/2025 AUDIT SVCS FY24 2,630.00 2,630.00 Voucher: 139641
139642 5/13/2025 coa10 COASTAL LIVESCAN SERVICES43470 4/30/2025 LIVESCAN SRVCS APR 744.00 744.00 Voucher: 139642
139643 5/13/2025 cou34 COUNTY OF SAN DIEGO, NEXTGEN RCS 25DELMANGRCS095/1/2025 NEXTGEN RCS - FY25 50,500.83 50,500.83 Voucher: 139643
139644 5/13/2025 cou03 COUNTY OF SAN DIEGO-A/REC/CLK 202500269 4/2/2025 RECORDING FEE MAR 2.00 2.00 Voucher: 139644
139645 5/13/2025 dyn02 DYNAMITE ELECTRIC BIKES INC, DBA PEDEGO SOLANA BEACH 2801 4/30/2025 ELEC BIKE SRVCS CS 56.32 Voucher: 139645 2809 4/30/2025 ELEC BIKE SRVCS CS 50.88 107.20 139646 5/13/2025 ats01 GARDA CL WEST LOCKBOX #233209 10814805 5/1/2025 ARMORED SRVCS MAY 722.65 722.65 Voucher: 139646
139647 5/13/2025 hul04 HULL, TOM 05012025 5/1/2025 PERMIT REFUND 187.32 187.32 Voucher: 139647
139648 5/13/2025 con17 OCCUPATIONAL HEALTH CTRS, OF CALIFORNIA, A MEDICAL 86513195 4/9/2025 EMPLOYEE TESTING APR 1,190.00 Voucher: 139648 86584738 4/16/2025 EMPLOYEE TESTING APR 211.00 86655835 4/23/2025 EMPLOYEE TESTING APR 211.00
86587446 4/18/2025 EMPLOYEE TESTING APR 211.00 1,823.00 139649 5/13/2025 ric01 RICHARDSON, JENNIFER 04172025 4/17/2025 PERMIT REFUND 120.00 120.00 Voucher: 139649
139650 5/13/2025 rus01 RUSTY DEL MAR 00010000000605 5/1/2025 SURFBOARD SUPP CS 93.53 93.53 Voucher: 139650
139651 5/13/2025 sdg02 SAN DIEGO GAS & ELECTRIC0012 6209 1548 9 5/1/2025 UTILITIES APR 22.71 Voucher: 139651 0066 5491 5032 1 5/5/2025 UTILITIES APR 11.62 34.33 Page: 2
3 June 2, 2025 Item 3
05/13/2025
Check List
City of Del Mar
3 10:01:13AM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139652 5/13/2025 san112 SAN DIEGO HUMANE SOCIETY, & SPCA MAY-25 5/1/2025 ANIMAL SRVCS MAY 4,255.00 4,255.00 Voucher: 139652
139653 5/13/2025 uni25 STAXUP - UNITS LLC 19179 5/5/2025 STORAGE CS MAY 289.85 289.85 Voucher: 139653
139654 5/13/2025 ter01 TERMINIX INT CO LTD, PARTNERSHIP 458773930 4/18/2025 PEST CONTROL SRVCS FIRE 57.24 57.24 Voucher: 139654
139655 5/13/2025 usb03 US BANK CORP PYMT SYSTEMS 4246 0445 5565 02033/24/2025 US BANK CHARGES MAR 15,580.60 15,580.60 Voucher: 139655
Sub total for GENERAL ACCOUNT US BANK: 90,868.53
Page: 3
4 June 2, 2025 Item 3
05/13/2025
Check List
City of Del Mar
4 10:01:13AM
apChkLst Final Page:
33 checks in this report. Grand Total All Checks: 409,213.14 Page: 4
5 June 2, 2025 Item 3
05/15/2025
Check List
City of Del Mar
1 7:58:56AM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 4117 5/16/2025 edd01 EMPLOYMENT DEVELOPMENT DEPT Ben180138 5/16/2025 STATE TAX: PAYMENT 11,260.06 11,260.06 Voucher: 4117
4118 5/16/2025 irs01 IRS, UNITED STATES TREASURY Ben180140 5/16/2025 FEDERAL TAX: PAYMENT 39,748.44 39,748.44 Voucher: 4118
4119 5/16/2025 per01 PERS Ben180142 5/16/2025 PERS CONTRIBUTIONS: PAYMENT 54,907.10 54,907.10 Voucher: 4119
4120 5/16/2025 per02 PERS 457 Ben180144 5/16/2025 CALPERS 457 DEFERRED COMP: PAYMENT 2,661.25 2,661.25 Voucher: 4120
4121 5/16/2025 ida01 IDAHO STATE TAX COMMISSIONBen180146 5/16/2025 IDAHO STATE TAX COMMISSION: PAYMENT 219.34 219.34 Voucher: 4121
Sub total for GENERAL ACCOUNT US BANK: 108,796.19
Page: 1
6 June 2, 2025 Item 3
05/15/2025
Check List
City of Del Mar
2 7:58:56AM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6835 5/16/2025 mis07 107413 STATE ST BANK & TRUST, MS 107413 PLAN 401A Ben180134 5/16/2025 401A PLAN: PAYMENT 539.00 539.00 Voucher: 6835
6836 5/16/2025 mis08 303845 STATE ST BANK & TRUST, MS 457 PLAN OBI 303845 Ben180126 5/16/2025 MISSION SQUARE 457B: PAYMENT 9,781.47 9,781.47 Voucher: 6836
6837 5/16/2025 mis09 803808 STATE ST BANK & TRUST, MS RHS PLAN OBI 803808 Ben180136 5/16/2025 RETIREMENT HEALTH SAVINGS 3%: PAYMENT 721.88 721.88 Voucher: 6837
6838 5/16/2025 uni21 DEL MAR CITY EMPLOYEES ASSOC. Ben180130 5/16/2025 DMCEA DUES: PAYMENT 299.00 299.00 Voucher: 6838
6839 5/16/2025 nat15 NATIONAL BENEFIT SERVICES, LLC, FLEXIBLE BENEFITS DEPT Ben180132 5/16/2025 SEC. 125 FLEXIBLE SAVINGS ACCT: PAYMENT 1,389.10 1,389.10 Voucher: 6839
6840 5/16/2025 par21 U.S. BANK PARS FFC 6746022400, CITYDELMAR ATTN B BERGMAN Ben180128 5/16/2025 PUBLIC AGENCY RETIREMENT SRVCS: PAYMENT 1,739.64 1,739.64 Voucher: 6840
Sub total for EFT GENERAL ACCOUNT US BANK: 14,470.09
Page: 2
7 June 2, 2025 Item 3
05/15/2025
Check List
City of Del Mar
3 7:58:56AM
apChkLst Final Page:
11 checks in this report. Grand Total All Checks: 123,266.28 Page: 3
8 June 2, 2025 Item 3
05/19/2025
Check List
City of Del Mar
1 2:08:39PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6841 5/20/2025 ace02 ACE UNIFORMS LLC SD0223014 5/6/2025 UNIFORMS CS 483.26 Voucher: 6841 SD0221411 4/23/2025 UNIFORMS REFUND CS -30.16 453.10 6842 5/20/2025 als02 ALS GROUP USA CORP 522502778 4/28/2025 WATER SAMPLING APR 676.00 676.00 Voucher: 6842
6843 5/20/2025 dix01 DIXIELINE LUMBER CO 06-0596635 4/29/2025 OPERATING SUPP PW 45.00 Voucher: 6843 06-0597111 5/2/2025 OPERATING SUPP PW 19.06 06-0596426 4/28/2025 OPERATING SUPP PW 17.26
06-0597683 5/6/2025 OPERATING SUPP PW 15.59
06-0597323 5/2/2025 OPERATING SUPP PW 14.27
06-0597576 5/6/2025 OPERATING SUPP PW 4.60
06-0596903 4/30/2025 OPERATING SUPP PW 3.41
06-0596899 4/30/2025 OPERATING SUPP PW -19.55
06-0597364 5/5/2025 OPERATING SUPP CS 353.00
06-0597268 5/2/2025 OPERATING SUPP PW 73.35
06-0597629 5/6/2025 OPERATING SUPP PW 71.71
06-0596255 4/24/2025 OPERATING SUPP PW 68.28
06-0596229 4/24/2025 OPERATING SUPP PW 57.54
06-0596109 4/24/2025 OPERATING SUPP PW 51.15 774.67
6844 5/20/2025 kle01 KLEINFELDER 1529407 4/23/2025 CDM BRIDGE MAR 132,503.35 132,503.35 Voucher: 6844
6845 5/20/2025 man12 MANERI TRAFFIC CONTROL INC, DBA MTC 23567 5/6/2025 MAINT/REPAIR SUPP PW 531.06 Voucher: 6845 23560 5/6/2025 MAINT/REPAIR SUPP PW 522.00 1,053.06 6846 5/20/2025 par51 PARKWOOD LANDSCAPE MAINT INC 109344 4/30/2025 LANDSCAPE SRVCS APR 17,930.00 17,930.00 Voucher: 6846
6847 5/20/2025 pru01 PRUDENTIAL OVERALL SUPPLY132312743 5/2/2025 UNIFORMS PW - 5/2 118.75 Voucher: 6847 132312741 5/2/2025 MATS PW - 5/2 15.47
132312742 5/2/2025 SHOP TOWELS PW - 5/2 4.93 139.15
6848 5/20/2025 sca12 SCA OF CA LLC CA1001726 4/30/2025 BI-ANNUAL SWEEPING SRVCS 4,469.10 Voucher: 6848 CA1000990 3/31/2025 SWEEPING SRVCS MAR 2,868.10 CA1001729 4/30/2025 SWEEPING SRVCS APR 2,868.10 10,205.30 6849 5/20/2025 uti01 UTILITY SPECIALISTS INC 29381 4/30/2025 UP - 1A STRATFORD S - MAR 37,330.00 Voucher: 6849 29380 4/30/2025 UP - 1A STRATFORD N - MAR 23,438.75 29382 4/30/2025 UP - 1A STRATFORD - MAR 480.75 61,249.50 Page: 1
9 June 2, 2025 Item 3
05/19/2025
Check List
City of Del Mar
2 2:08:39PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6850 5/20/2025 gan04 WILLIAM GANDER, DBA RESITEC, LLC DM-RT20250501 5/1/2025 SOLAR MONITORING MAY 200.00 200.00 Voucher: 6850
Sub total for EFT GENERAL ACCOUNT US BANK: 225,184.13
Page: 2
10 June 2, 2025 Item 3
05/19/2025
Check List
City of Del Mar
3 2:08:39PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139656 5/20/2025 azt02 AZTEC LANDSCAPING INC, DBA AZTEC JANITORIAL J2052 4/30/2025 JANITORIAL SRVCS CH APR 2,564.00 Voucher: 139656 J2053 4/30/2025 JANITORIAL SRVCS PW APR 501.00 3,065.00 139657 5/20/2025 can08 CANTEEN SAN119260 5/7/2025 COFFEE SUPPLIES PW 461.83 461.83 Voucher: 139657
139658 5/20/2025 emb02 CHRISTOPHER J GIAQUINTA, DBA EMBROIDERY EXPRESS 872259 5/2/2025 EMBROIDERY SRVCS PW 41.64 41.64 Voucher: 139658
139659 5/20/2025 cin02 CINTAS 5268497801 5/5/2025 FIRST AID KIT SUPPLIES PW 202.16 202.16 Voucher: 139659
139660 5/20/2025 sca11 CLEAN WATER SOCAL 152 5/6/2025 MBRSHP BRIDE/FALK PW 1,034.00 1,034.00 Voucher: 139660
139661 5/20/2025 cou01 COUNTY OF SAN DIEGO 04092025 4/9/2025 PARKING BAIL MAR 26,923.00 26,923.00 Voucher: 139661
139662 5/20/2025 fas03 FASTENAL COMPANY CASAD81136 4/16/2025 FACILITY MAINT SUPP PW 192.62 192.62 Voucher: 139662
139663 5/20/2025 hos06 HOSE TECH 85248 4/28/2025 VEH MATERIALS/SUPP PW 2,169.61 Voucher: 139663 84803 4/17/2025 VEH MATERIALS/SUPP PW 659.68 85092 4/3/2025 VEH MATERIALS/SUPP PW 325.89 3,155.18
139664 5/20/2025 dar05 JEFFREY SCOTT ARVESON, DBA DAR SERVICES 05012025 5/1/2025 DEAD ANIMAL SRVCS APR 3,300.00 3,300.00 Voucher: 139664
139665 5/20/2025 div03 MICHAEL J TIMM, DBA DIVE CALIFORNIA 05092025 5/9/2025 DIVING COURSE CS 850.00 850.00 Voucher: 139665
139666 5/20/2025 par35 PARADIGM MECHANICAL CORP, SAN DIEGO REFRIGERATION 110990 4/29/2025 HVAC SRVCS CH 19,399.05 19,399.05 Voucher: 139666
139667 5/20/2025 sta40 PSTRAX 7753 4/5/2025 CONTROLLED SUB MOD FIRE 1,120.00 1,120.00 Voucher: 139667
139668 5/20/2025 sdg02 SAN DIEGO GAS & ELECTRIC0081 7377 2988 5 5/8/2025 UTILITIES APR 6,461.73 Voucher: 139668 0066 5491 6833 1 5/8/2025 UTILITIES APR 4,223.67 0066 5392 2766 7 5/8/2025 UTILITIES APR 982.89
0069 0908 1676 1 5/8/2025 UTILITIES APR 365.49
2100 0065 8024 7 5/8/2025 UTILITIES APR 336.23
0067 3735 0888 1 5/6/2025 UTILITIES APR 325.34
0085 7750 3585 7 5/6/2025 UTILITIES APR 20.11
0099 5222 5392 9 5/5/2025 UTILITIES APR 19.75 12,735.21 139669 5/20/2025 sde01 SD ELECTRIC BIKE LLC, DBA SD ELECTRIC BIKE 13548 5/9/2025 ELEC BIKE BATTERY CS 924.36 924.36 Voucher: 139669
Page: 3
11 June 2, 2025 Item 3
05/19/2025
Check List
City of Del Mar
4 2:08:39PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139670 5/20/2025 sig12 SIGNA DIGITAL SOLUTIONS INC40511771 5/12/2025 COPIER CH MAY 812.64 812.64 Voucher: 139670
139671 5/20/2025 sou08 SOUTHWEST SIGNAL SERVICE84244 4/30/2025 PM SIGNAL INSP - APR 472.50 472.50 Voucher: 139671
139672 5/20/2025 ter11 TERMINIX COMMERCIAL 459247863 5/2/2025 PEST CONTROL SRVCS CH 159.00 Voucher: 139672 459248374 5/2/2025 PEST CONTROL SRVCS LIBRARY 113.26 272.26 139673 5/20/2025 und01 UNDERGROUND SERVICE ALERT 420250236 5/1/2025 CONT SRVCS APR 248.65 248.65 Voucher: 139673
139674 5/20/2025 uni31 UNITED SITE SRVCS OF, CALIFORNIA INC 114-14055250 4/30/2025 PORTABLE RESTROOM SRVCS 1,450.85 Voucher: 139674 114-14055263 4/30/2025 PORTABLE RESTROOM SRVCS 565.25 114-14055262 4/30/2025 PORTABLE RESTROOM SRVCS 265.25 2,281.35 139675 5/20/2025 usb03 US BANK CORP PYMT SYSTEMS 4246 0445 5565 02034/22/2025 US BANK CHARGES APR 12,463.45 12,463.45 Voucher: 139675
139676 5/20/2025 vis07 VISTA PAINT CORPORATION 2025-908623-00 4/30/2025 TRAFFIC PAINT SUPP PW 338.85 338.85 Voucher: 139676
139677 5/20/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83201346 4/30/2025 JANITORIAL SUPPLIES 220.22 Voucher: 139677 83202573 4/30/2025 JANITORIAL SUPPLIES 1,940.10 83220255 5/7/2025 JANITORIAL SUPPLIES 1,039.63
83202557 4/30/2025 JANITORIAL SUPPLIES 220.22 3,420.17
139678 5/20/2025 wes29 WEST COAST ARBORISTS INC225822 2/15/2025 TREE MAINT 2/1 - 2/15 2,784.90 2,784.90 Voucher: 139678
Sub total for GENERAL ACCOUNT US BANK: 96,498.82
Page: 4
12 June 2, 2025 Item 3
05/19/2025
Check List
City of Del Mar
5 2:08:39PM
apChkLst Final Page:
33 checks in this report. Grand Total All Checks: 321,682.95 Page: 5
13 June 2, 2025 Item 3
05/27/2025
Check List
City of Del Mar
1 11:48:35AM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6851 5/28/2025 ace02 ACE UNIFORMS LLC SD0219789 4/10/2025 UNIFORMS CS 255.31 Voucher: 6851 SD0223824 5/13/2025 UNIFORMS CS 68.78
SD0224798 5/21/2025 UNIFORMS CS 27.99 352.08
6852 5/28/2025 sun07 CENTRALSQUARE TECH LLC436760 5/1/2025 TRAKIT MAINT 8,340.21 8,340.21 Voucher: 6852
6853 5/28/2025 civ02 CIVIC SOLUTIONS INC 105988 5/1/2025 CONSULTING SRVCS APR 15,330.00 Voucher: 6853 105989 5/1/2025 CONSULTING SRVCS APR 158.00 15,488.00 6854 5/28/2025 phi01 CLEAN EARTH 72404323450 5/12/2025 HSHLD HAZ WASTE - APR 450.92 450.92 Voucher: 6854
6855 5/28/2025 coa21 COAST NEWS GROUP 00156945 5/2/2025 AD - PUBLIC HEARING 193.75 Voucher: 6855 00156946 5/2/2025 AD - PUBLIC HEARING 174.38 00156672 4/11/2025 AD - PUBLIC HEARING 155.00
00157108 5/16/2025 AD - PUBLIC HEARING 147.25
00157106 5/16/2025 AD - PUBLIC HEARING 147.25
00157105 5/16/2025 AD - PUBLIC HEARING 135.63
00156681 4/11/2025 AD - PUBLIC HEARING 135.63
00156671 4/11/2025 AD - PUBLIC HEARING 135.63
00157013 5/9/2025 AD - ORDIN INTRO 81.38
00157107 5/16/2025 AD - PUBLIC HEARING 205.38
00156670 4/11/2025 AD - PUBLIC HEARING 174.38 1,685.66
6856 5/28/2025 cor07 CORODATA RECORDS MGT INCRS7081927 4/30/2025 STORAGE SRVCS APR 161.75 161.75 Voucher: 6856
6857 5/28/2025 del02 DEL MAR BLUE PRINT CO, INC622685 5/14/2025 SCANNING SRVCS PLNG 2,188.81 Voucher: 6857 623132 5/22/2025 PRINTING SRVCS CS 735.15 20082 5/15/2025 STREET SIGNS CS 228.67
622561 5/13/2025 PRINTING SRVCS ASD 5.44 3,158.07
6858 5/28/2025 dix01 DIXIELINE LUMBER CO 06-0598301 5/13/2025 OPERATING SUPP CS 601.59 Voucher: 6858 06-0597887 5/9/2025 OPERATING SUPP PW 73.07 06-0598122 5/12/2025 MAINT/REPAIR SUPP PW 37.02
06-0592898 3/31/2025 OPERATING SUPP PW 11.33
06-0597885 5/9/2025 OPERATING SUPP REFUND PW -5.58 717.43 6859 5/28/2025 duk01 DUDEK & ASSOCIATES 202502974 5/6/2025 SD LAGOON ENGR SRVCS 11,824.76 11,824.76 Voucher: 6859
Page: 1
14 June 2, 2025 Item 3
05/27/2025
Check List
City of Del Mar
2 11:48:35AM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6860 5/28/2025 fer07 FERGUSON ENTERPRISES LLC, DBA FERGUSON WATERWORKS 0879829 5/5/2025 WATER METER PARTS 729.27 729.27 Voucher: 6860
6861 5/28/2025 ful01 KURT MORGAN 43759 5/14/2025 BUSINESS CARDS 126.25 126.25 Voucher: 6861
6862 5/28/2025 man12 MANERI TRAFFIC CONTROL INC, DBA MTC 23578 5/8/2025 MAINT/REPAIR SUPP PW 3,985.69 Voucher: 6862 23579 5/8/2025 MAINT/REPAIR SUPP PW 531.06 4,516.75 6863 5/28/2025 mik03 MIKHAIL OGAWA ENGINEERING11996 5/3/2025 CLEAN WATER SRVCS - APR 23,961.31 Voucher: 6863 11997 5/3/2025 SAN DIEGUITO TMDL - APR 2,201.72 26,163.03 6864 5/28/2025 opt03 OPTIMIZED INVESTMENT PARTNERS, LLC 1388 5/8/2025 INVSTMT SRVCS APR 3,018.72 3,018.72 Voucher: 6864
6865 5/28/2025 pac28 PACIFIC MOBILE STRUCTURES INC INV-00451737 6/1/2025 MOBILE OFFICE PW JUN 246.75 246.75 Voucher: 6865
6866 5/28/2025 pho01 PHOENIX GROUP INFO SYSTEMS 042025036 5/14/2025 CITE SRVCS - APR 16,888.07 Voucher: 6866 0420251036 5/14/2025 ADMIN CITE SRVCS - APR 146.22 17,034.29 6867 5/28/2025 pru01 PRUDENTIAL OVERALL SUPPLY132315066 5/16/2025 UNIFORMS PW - 5/16 119.10 Voucher: 6867 132313898 5/9/2025 UNIFORMS PW - 5/9 118.75 132315064 5/16/2025 MATS PW - 5/16 15.47
132315065 5/16/2025 SHOP TOWELS PW - 5/16 4.93 258.25
6868 5/28/2025 san03 SAN DIEGO COUNTY WATER AUTH. 0425-2 5/8/2025 RAW WATER APR 158,649.40 158,649.40 Voucher: 6868
6869 5/28/2025 san03 SAN DIEGO COUNTY WATER AUTH. 05132025 5/13/2025 SDCWA CAP CHRGS-467 15TH ST 3,818.00 Voucher: 6869 05052025 5/5/2025 SDCWA CAP CHRGS-129 8TH 3,818.00 7,636.00 6870 5/28/2025 sol06 SOLANA CENTER FOR ENV, INNOVATION 40-45-4-25 5/14/2025 SB 1383 SUPP SRVCS APR 2,978.07 2,978.07 Voucher: 6870
6871 5/28/2025 tru09 TRUE NORTH COMPLIANCE SRVCS DM25-04 5/5/2025 BLDG CODE PC INSP APR 58,042.27 58,042.27 Voucher: 6871
6872 5/28/2025 wex01 WEX BANK 0496-00-495760-1 5/6/2025 GAS & OIL FIRE 1,072.19 1,072.19 Voucher: 6872
Sub total for EFT GENERAL ACCOUNT US BANK: 322,650.12
Page: 2
15 June 2, 2025 Item 3
05/27/2025
Check List
City of Del Mar
3 11:48:35AM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139679 5/28/2025 bng01 05 BNG LLC, DBA QUIKSILVER75076058 5/15/2025 UNIFORMS CS 1,535.09 1,535.09 Voucher: 139679
139680 5/28/2025 adt02 ADT SECURITY SERVICES 1140510951 5/13/2025 ALARM 1700 COAST JUN/AUG 257.94 Voucher: 139680 1140512753 5/13/2025 ALARM PW JUN 128.57 386.51 139681 5/28/2025 bak05 BAKKER, TED & GALE 05192025 5/19/2025 PERMIT REFUND 9,243.72 9,243.72 Voucher: 139681
139682 5/28/2025 can08 CANTEEN SAN120551 5/15/2025 COFFEE SUPPLIES CH 402.32 402.32 Voucher: 139682
139683 5/28/2025 cin02 CINTAS 5268497802 5/5/2025 FIRST AID KIT SUPPLIES CH 40.67 40.67 Voucher: 139683
139684 5/28/2025 cit07 CITY OF SAN DIEGO 1000417453 4/29/2025 WATER TREATMENT MAR 20,858.71 20,858.71 Voucher: 139684
139685 5/28/2025 cou01 COUNTY OF SAN DIEGO 05152025 5/15/2025 PARKING BAIL APR 27,390.00 27,390.00 Voucher: 139685
139686 5/28/2025 cou16 COUNTY OF SAN DIEGO - REGIONAL, COMM SYSTEM 25CTOFDMC10 5/1/2025 RCS PAGING SRVCS - APR 70.00 70.00 Voucher: 139686
139687 5/28/2025 hom01 HOME DEPOT CREDIT SRVCS6035 3225 0103 77604/28/2025 MAINT/REPAIR SUPP 637.05 637.05 Voucher: 139687
139688 5/28/2025 aff04 IDRAINS LLC, DBA AFFORDABLE DRAIN SRVC 027367 4/28/2025 SEWER CLNG/VIDEO INSP 16,182.40 16,182.40 Voucher: 139688
139689 5/28/2025 kol01 KOLB, LISA 05192025 5/19/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 139689
139690 5/28/2025 los03 LOS ANGELES TRUCK CENTERS, LLC, DBA VELOCITY VEHICLE GROU RA290040038:01 5/9/2025 VEH MAINT PW #77 1,860.66 1,860.66 Voucher: 139690
139691 5/28/2025 man13 MANGIAFICO, ALLISON 05192025 5/19/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 139691
139692 5/28/2025 boh02 NANCY K. BOHL INC. DBA:, THE COUNSELING TEAM INTL INV104611 5/14/2025 EAP SERVICES 2,362.50 Voucher: 139692 INV104397 5/7/2025 EAP SERVICES 390.00 2,752.50 139693 5/28/2025 aut05 NATIONAL FOUNDATION FOR AUTISM, RESARCH 05152025 5/15/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 139693
139694 5/28/2025 con17 OCCUPATIONAL HEALTH CTRS, OF CALIFORNIA, A MEDICAL 86729452 4/30/2025 EMPLOYEE TESTING APR 173.00 173.00 Voucher: 139694
139695 5/28/2025 pac05 PACIFIC PIPELINE SUPPLY S100476008.001 5/7/2025 WATER METER PARTS 160.52 160.52 Voucher: 139695
Page: 3
16 June 2, 2025 Item 3
05/27/2025
Check List
City of Del Mar
4 11:48:35AM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139696 5/28/2025 fir12 PAUL ROTTENBERG, DBA FIRESTATS LLC 2025-159 5/8/2025 FIRE STATS PROG APR 125.00 125.00 Voucher: 139696
139697 5/28/2025 pir02 PIRTEK CARLSBAD 243-T0000041 5/13/2025 BACK HOE REPAIR 686.55 686.55 Voucher: 139697
139698 5/28/2025 por10 PORTABLE STORAGE CORP 166545 5/20/2025 STORAGE CS JUN 176.00 176.00 Voucher: 139698
139699 5/28/2025 sta40 PSTRAX 7885 5/5/2025 ANNUAL LICENSE FEE 2,099.00 2,099.00 Voucher: 139699
139700 5/28/2025 sdg02 SAN DIEGO GAS & ELECTRIC0092 4576 5583 8 5/14/2025 UTILITIES APR 166.09 166.09 Voucher: 139700
139701 5/28/2025 sig12 SIGNA DIGITAL SOLUTIONS INC40531165 5/12/2025 COPIER PW MAY 138.74 138.74 Voucher: 139701
139702 5/28/2025 ter11 TERMINIX COMMERCIAL 459480723 5/9/2025 PEST CONTROL SRVCS CS 128.26 Voucher: 139702 459480794 5/9/2025 PEST CONTROL SRVCS PHCC 109.18 237.44 139703 5/28/2025 til01 TILLMAN, SYLVIA 05212025 5/21/2025 HEARING REFUND 56.00 56.00 Voucher: 139703
139704 5/28/2025 tor09 TORREY PACIFIC CORP 05052025 5/5/2025 REIMB FALL TREE TRIMMING 3,328.00 3,328.00 Voucher: 139704
139705 5/28/2025 uni31 UNITED SITE SRVCS OF, CALIFORNIA INC 114-14042253 4/4/2025 PORTABLE RESTROOM SRVCS 265.25 265.25 Voucher: 139705
139706 5/28/2025 ver12 VERIZON Z1393445 5/8/2025 TELEPHONE APR 2.64 2.64 Voucher: 139706
139707 5/28/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83230929 5/13/2025 JANITORIAL SUPP PW 1,156.25 1,156.25 Voucher: 139707
139708 5/28/2025 act03 WILLIAMS SCOTSMAN INC 9023731299 5/15/2025 MOBILE OFFICE PW MAY/JUN 156.12 156.12 Voucher: 139708
Sub total for GENERAL ACCOUNT US BANK: 92,686.23
Page: 4
17 June 2, 2025 Item 3
05/27/2025
Check List
City of Del Mar
5 11:48:35AM
apChkLst Final Page:
52 checks in this report. Grand Total All Checks: 415,336.35 Page: 5
18 June 2, 2025 Item 3
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: June 2, 2025
SUBJECT: Second Reading and Adoption of an Ordinance to Accept California Coastal Commission (CCC) Modifications to the Senate Bill 9 Implementation Ordinance No. 996 Adopted by the City Council on June 19, 2023, to Amend the Del Mar Municipal Code and Local Coastal Program for Consistency with the April 9, 2025, Coastal Commission Conditional Certification Decision Relating to Two-Unit and Urban Lot Split Development in Single Dwelling Unit Residential Zones
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council adopt the Senate Bill 9 (SB 9) Ordinance (Attachment A) to accept changes required by the CCC as a condition of final certification of the Local Coastal Program Amendment (LCPA) for consistency with the April 9, 2025, CCC conditional certification decision.

BACKGROUND:

The SB 9 State Housing law, as set forth in California Government Code Sections 65852.21 and 66411.7, is intended to address the statewide housing crisis by facilitating construction of additional dwelling units on lots in certain single dwelling residential (R1) zones. Lots are eligible for SB 9 where they meet specified criteria per State law, including compliance with the Coastal Act. In the City of Del Mar, opportunities for SB 9 development apply to lots in the R1-10 and R1-5 zones. See Attachment E for maps of properties that are currently eligible and parcels that are currently not eligible due to current conditions related to narrow street widths (less than 20 feet) in fire hazard severity areas and environmental constraints in the Bluff, Slope, and Canyon Overlay Zone. If these conditions change over time, additional SB 9 properties could become eligible in the R1-40 and R1-14 zones as accommodated by the SB 9 implementing regulations.

SB 9 requires local agencies to ministerially process and review applications for SB 9 development in R1 zones subject to objective design standard criteria. The two types of SB 9 projects are referred to as: 1) SB 9 “Two Unit Residential Development” projects that allow development of two primary dwelling units on a lot (duplex development); or 2) SB 9 “Urban 1 June 2, 2025 Item 5
City Council Agenda Report
CCC Modifications to SB 9 Ordinance/LCPA
June 2, 2025

Lot Splits” to allow for subdivision of one lot into two lots for development of two primary dwelling units on each resulting lot and maximum of four units total per eligible project.

SB 9 projects encumber future development of the site regardless of whether the proposal maintains one parcel or creates two parcels through a lot split. An owner that pursues SB 9 development is not able to subsequently develop additional Accessory Dwelling Units (ADUs) or Junior ADUs (JrADUs) beyond the maximum four-unit total allowance per SB 9 project.

Following are potential SB 9 development combinations on R1 lots per the State mandate:

SB 9 Project Option with No Lot Split (Maintains One Lot) o Two primary dwelling units, one ADU, and one JrADU; or o Two primary dwelling units and two ADUs
SB 9 Project Option with Lot Split (Lot is Split into Two Lots) o One or two primary dwelling units on each lot; or
o One primary unit plus one ADU or JrADU on each lot; or o One primary unit with one ADU or JrADU on one lot and the new lot created left vacant and limited to future development of one primary unit plus one ADU or JrADU
To satisfy the City’s inclusionary housing requirement, the owner must deed restrict one unit in a SB 9 project for rent to a low-income household. The requirement for one low-income unit applies to the project as a whole. As indicated above, one lot may be left vacant in a SB 9 lot split project, however, in such cases the SB 9 project cannot be approved unless one low-income unit is created on the developed parcel (i.e., primary dwelling unit and one deed restricted low-income ADU or JrADU). No additional inclusionary housing requirement applies for this type of lot split project.

Tenants qualify for affordable housing based on household income level. Currently, the Area Median Income (AMI) for the San Diego region, effective April 17, 2024, is $119,500. The gross income for a low-income household does not exceed 80% of the Annual Median Income. This means one-person households may qualify as low income with an income that does not exceed $84,900. An ADU is considered affordable for a one-person, low-income household if the maximum monthly rent is less than $2,123.

On June 19, 2023, the City Council adopted Ordinance No. 996, amending the City’s Local Coastal Program (LCP), as necessary for implementation of the SB 9 State law (2021). As adopted, Ordinance No. 996 added new DMMC Chapters 23.07, 24.66, and 30.93 and amended Chapters 30.10, 30.11, 30.12, 30.13, 30.14, 30.15, and 30.75. Following approval by the City Council in 2023, the SB 9 Ordinance/Local Coastal Program Amendment was submitted to the CCC for certification as required.
2 June 2, 2025 Item 5
City Council Agenda Report
CCC Modifications to SB 9 Ordinance/LCPA
June 2, 2025

In 2023, the City of Del Mar and other cities challenged the constitutionality of SB 9. The City asserted that SB 9 lacked a nexus between its affordability findings because it did not include an affordability housing requirement. In April 2024 the Superior Court ruled in favor of the legal challenge raised by Del Mar and other cities.

Subsequently, SB 9 was amended by SB 450 (Atkins) to modify the prior legislative findings and explicitly make charter cities, including the City of Del Mar, subject to its requirements.

SB 450 was signed into law in September 2024 and took effect statewide January 1, 2025.

Additional background regarding prior City Council and CCC actions may be accessed in the links below:

City Council Agenda reports for June 5 and June 19, 2023:
https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_06052023-3237 https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_06192023-3246 CCC staff report (Item W19a) for the conditional certification action on April 9, 2025:
https://www.coastal.ca.gov/meetings/archive/#/
City Council Agenda report (Item 11) for introduction of the Ordinance on May 19, 2025, accepting changes required by the CCC as a condition of final certification approval:
https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_05192025-3681 DISCUSSION/ANALYSIS:

CCC’s conditional certification action upheld several key components of the City’s adopted SB 9 Ordinance that are important to coastal cities like the City of Del Mar. This includes maintaining existing requirements including limitations on height, size, setbacks, and parking to protect coastal access, sensitive coastal resources, open space easements, public scenic views, and public safety from coastal hazards. The City’s certified LCP hazard control policies encourage development to be located away from coastal bluffs, special flood hazard areas vulnerable to flooding from rivers or the ocean, and environmentally sensitive habitat areas including sensitive bluffs, sensitive biological resources, wetlands, open space, and conservation areas.

The proposed Ordinance incorporates CCC’s required modifications, which are intended to ensure consistency with the City’s certified LCP and Coastal Act as follows:
• Clarifies applicability of the Coastal Act and certified Local Coastal Program (LCP). 3 June 2, 2025 Item 5
City Council Agenda Report
CCC Modifications to SB 9 Ordinance/LCPA
June 2, 2025

• Clarifies that SB 9 development is allowed in Fire Hazard Severity Areas (also referred to as the Wildland Urban Interface), like other residential development, where the applicant demonstrates the location has access to at least two evacuation routes and the development will integrate wildland fire safety precautions into construction of the development to mitigate potential hazards. This includes compliance with the California Building Code requirements for use of non-flammable building materials as well as access with road widths at least 20 feet in width for emergency response. • Clarifies that SB 9 development is not permitted in special flood hazard areas in the floodplain. In the North Beach neighborhood, the R1-10B and R1-5B zones apply to beachfront property in the special flood hazard area (FEMA VE zone) of the floodplain that is vulnerable to flooding from ocean wave action and sea level rise. Therefore, these parcels are not eligible for SB 9. Instead, owners of these single dwelling unit lots are able to pursue development of an Accessory Dwelling Unit (ADU) and/or Junior ADU (JrADU) on their single dwelling unit lot, which means there is no impediment to production of housing in this location as a result of SB 9 implementation. • Clarifies that SB 9 development is not permitted in the Bluff, Slope, and Canyon Overlay Zone, Coastal Bluff Overlay Zone, Lagoon Overlay Zone, Open Space Overlay Zone, and Historic Preservation Overlay Zone. Consistent with the Coastal Act and coastal policies in the City’s certified LCP relating to hazard control and protection of environmentally sensitive resources, this limitation minimizes the potential for impacts to sensitive coastal resources and the public health and safety in locations with wetlands, steep slopes, habitat for protected species, open space conservation areas, and sensitive bluffs that are vulnerable to erosion, wave action, and sea level rise. Owners with single dwelling units in these environmentally sensitive locations alternatively may pursue ADU development per State ADU law. • Provides for units in SB 9 projects to be 800 square feet in size and allows additional unit size up to 1,000 square feet for units that comply with the setbacks of the base zone and a minimum six-foot separation from other buildings on the lot. • Clarifies that one parking space is required for each unit created and that replacement of any existing off-street parking spaces removed shall only be required if loss of the off-street parking would have a significant effect on public access to the shoreline. • Clarifies that no off-street parking requirements shall be required for development within one-half mile of a major transit stop as defined in Public Resources Code Section 21064.3. A major transit stop is defined as a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with frequencies of services intervals of 4 June 2, 2025 Item 5
City Council Agenda Report
CCC Modifications to SB 9 Ordinance/LCPA
June 2, 2025

15 minutes or less during the morning and afternoon peak commuter periods.

Currently, Del Mar does not have any major transit stops. • Clarifies applicability of the inclusionary housing requirement of one low-income unit per SB 9 project, which is consistent with the citywide inclusionary regulations to reserve at least one unit for a lower income household at a rate of 15% for projects with 30 or fewer units. No additional in-lieu fee for a SB 9 lot split project would apply. • Incorporates minor corrections throughout to fix various code section references.

The Ordinance will allow the City to obtain final certification approval from the CCC. The regulations (prior Ordinance No. 996 and the proposed Ordinance) will take effect on the date CCC grants final certification approval, which typically occurs at the first available CCC hearing following City Council adoption.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

This action is statutorily exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 and Government Code Sections 65852.21(j) and 66411.7(n) because the adoption of an ordinance to implement SB 9 is not considered a project under Division 13 of the Public Resources Code.

HOUSING IMPACT:

The SB 9 ordinance amendments will increase the City’s housing capacity by creating sites to facilitate affordable housing in accordance with the certified 6th Cycle Housing Element.

Housing Element Program 6B (Affirmatively Furthering Fair Housing) identifies “the City is committed to implement a suite of actions to create new opportunities for housing mobility and relocation to and within Del Mar with a goal of creating 100 additional housing opportunities beyond the City’s Regional Housing Needs Allocation (RHNA) to improve housing choice and affordability options for moderate income, lower income, and special needs households.” The proposed amendments are among the specified actions to be taken to create these additional new housing opportunities.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Implementation of the SB 9 Implementation Ordinance in compliance with the Housing Element is a Tier 1 (Highest) City Council priority work plan item for Fiscal Year 2024-2025.

ATTACHMENT:

Attachment A – Proposed Ordinance Accepting CCC Modifications to Ordinance No. 996 5 June 2, 2025 Item 5

ATTACHMENT A
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL
CODE CHAPTERS 23.07, 24.66, 30.13, 30.15, AND 30.93 AS
ADOPTED BY PROSPECTIVE ORDINANCE NO. 996; ALL

RELATING TO AMENDMENTS REQUIRED BY THE CALIFORNIA

COASTAL COMMISSION AS A CONDITION OF APPROVAL FOR

THE CITY TO OBTAIN FINAL CERTIFICATION OF THE SENATE
BILL 9 IMPLEMENTATION REGULATIONS LOCAL COASTAL

PROGRAM AMENDMENT
WHEREAS, the City of Del Mar is a charter City and State Housing law applies to all general law and charter cities in the State of California; and WHEREAS, the State legislature declared that “Housing is a statewide concern”, that California faces a housing crisis, and that local jurisdictions are mandated to comply with applicable State housing laws; and
WHEREAS, the California Senate Bill 9 (SB 9) Housing law, as set forth in California Government Code Sections 65852.21 and 66411.7, is intended to address the statewide housing crisis by facilitating construction of additional dwelling units on lots in certain single dwelling residential (R1) zones; and
WHEREAS, SB 9 requires local agencies to ministerially process and review applications for SB 9 development in R1 zones subject to objective design standard criteria; and
WHEREAS, SB 9 projects are referred to as: 1) SB 9 “Two Unit Residential Development” projects that allow development of two primary dwelling units on a lot (duplex development) or 2) SB 9 “Urban Lot Splits” to allow for subdivision of one lot into two lots for development of two primary dwelling units on each resulting lot and maximum of four units total per eligible project; and
WHEREAS, the City of Del Mar is located entirely within the “Coastal Zone” boundary and is therefore subject to full compliance with the California Coastal Act; and WHEREAS, the State Senate Bill 9 law is one example of a State law that still applies the Coastal Act protections for environmental resources, public scenic views, coastal access, and public safety in coastal hazard areas to ensure they will not be compromised by housing development; and
WHEREAS, State SB 9 law provides that the California Coastal Act is not superseded, in any way altered, or lessened by its application (Cal. Gov. Code. Sec.

Section 66310 et. seq. as amended); and
WHEREAS, the City has significant coastal resources that require protection under the Coastal Act, including but not limited to, the protection of scenic public coastal views 6 June 2, 2025 Item 5
Ordinance No. XXXX

which are found throughout the community, preservation of public access and recreation opportunities that must be assured including public access to the beach, viewpoints, and trail connections to the bluffs, lagoons, and open space preserve areas along the shoreline, and protection of environmentally sensitive habitat areas and coastal resources such as coastal bluffs, sandstone bluffs, wetlands, lagoons, river inlets, and protected tree species native to the City including Torrey Pines and Monterrey Cypress trees; and WHEREAS, in order to effectively implement applicable State housing laws, the City must harmonize the Coastal Act and the City’s LCP policies and regulations with the State’s housing laws to ensure protection of sensitive coastal habitats and resources, public coastal view sheds, coastal parking for public access, and public health and safety; and
WHEREAS, lots are eligible for SB 9 development where they meet specified criteria per State law, including compliance with the Coastal Act; and WHEREAS, in the City of Del Mar, SB 9 applies to lots in the R1-40, R1-14, R1- 10, and R1-5 zones, with the exception that SB 9 development is not permitted on lots that are located in the Bluff, Slope, and Canyon Overlay Zone, Coastal Bluff Overlay Zone, Lagoon Overlay Zone, Open Space Overlay Zone, and Historic Preservation Overlay Zone; and
WHEREAS, this ordinance clarifies that SB 9 development is not permitted in the R1-5B and R1-10B zones because those single dwelling unit lots are located along the ocean front in the special flood hazard area (FEMA VE zone) of the floodplain that is vulnerable to flooding from ocean wave action and sea level rise; and WHEREAS, City staff engaged in public outreach to encourage public participation in formulating these draft regulations, which included articles posted on the City’s website, multiple announcements made in the City’s weekly updates, and multiple announcements made during public meetings including the Design Review Board, Planning Commission and City Council meetings; and
WHEREAS, the LCPA Notice of Availability and Notice of Planning Commission public hearing on March 14, 2023, was published in the Del Mar Times on February 23, 2023, and individual mailed notices were sent to all interested parties; and WHEREAS, on March 14, 2023 the Planning Commission held a noticed public hearing to review the draft SB 9 Ordinance and recommended a continuance to allow additional time for public outreach and coordination with the City Attorney; and WHEREAS, the Notice of Planning Commission public hearing for May 9, 2023, was published in the Del Mar Times on April 20, 2023, and individual mailed notices were sent to all interested parties; and
7 June 2, 2025 Item 5
Ordinance No. XXXX

WHEREAS, on May 9, 2023, the Planning Commission recommended approval of the SB 9 Ordinance to the City Council with a condition that SB 9 projects be subject to an inclusionary housing affordability component and that the ordinance include a “conditions precedent” clause; and
WHEREAS, on May 18, 2023, the notice of City Council public hearing on June 5, 2023, was published in the Del Mar Times and mailed notices were sent to all interested parties; and
WHEREAS, on June 5, 2023, the City Council held a duly noticed public hearing and voted to introduce the SB 9 Ordinance, including revisions to the Ordinance relating to objective design standards that were requested by the City Council and read into the record for introduction in the Ordinance; and
WHEREAS, on June 19, 2023, the City Council voted to adopt the SB 9 Ordinance; and
WHEREAS, on August 10, 2023, the City submitted the adopted SB 9 Ordinance/LCPA submittal to the Coastal Commission for certification review; and WHEREAS, in 2023 the City of Del Mar and other cities challenged the constitutionality of SB 9 because it did not include an affordability housing component; and
WHEREAS, the State legislature amended the SB 9 law by Senate Bill 450 in September 2024 to modify the legislative findings and explicitly make charter cities, including the City of Del Mar, subject to its requirements which took effect January 1, 2025; and
WHEREAS, on April 9, 2025, the California Coastal Commission considered the City’s SB 9 Ordinance/LCPA application, including applicability of SB 450, and voted to conditionally certify the LCPA with modifications imposed as a condition of approval; and WHEREAS, on May 19, 2025, the Del Mar City Council held a duly noticed public hearing to consider whether to accept the CCC’s required modifications and introduce this Ordinance; and
WHEREAS, the CCC modifications have been incorporated herein; and WHEREAS, adoption of this Ordinance will amend the Del Mar Municipal Code and certified Local Coastal Program to implement the 6th Cycle Housing Element Program 6B commitment to Affirmatively Further Fair Housing through implementation of SB 9 implementing regulations in order to maintain compliance with State law and avoid decertification of the Housing Element; and
8 June 2, 2025 Item 5
Ordinance No. XXXX

WHEREAS, the SB 9 implementing regulations, as amended, also address the new provisions added by SB 450 as harmonized with the Coastal Act and certified LCP.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar, California, based on substantial evidence in the whole of the administrative record, hereby finds and declares the above stated Recitals are true and correct and are incorporated by reference into this action.

NOW THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Del Mar hereby ordains as follows:

SECTION ONE: That DMMC Prospective Section 30.93.010 Purpose and Intent for the SB 9 Implementing Regulations shall be amended per CCC modifications #1 and #2 to read as follows:

Chapter 30.93 – Regulations for Development of Two Unit Residential Development on Single Residential Zoned lots or Urban Lot Splits for Single Residential Zoned Lots

30.93.010 - Purpose and Intent.

The purpose of this Chapter is to implement California Government Code Sections 65852.21 and Gov. Code 66411.7 (commonly referred to as: SB 9) without superseding or in any way altering or lessening the effect or application of the California Coastal Act of 1976 (Pub. Resources Code, §30000 et seq.) and the City’s Local Coastal Program; and to establish objective design standards for the development of residential structures on single residential zoned lots conforming to State law. Should State law change, the City reserves the right to make further modifications to these standards to bring this Chapter in conformity with new State requirements.

The intent of this Chapter is to comply with the requirements of State housing laws, while retaining the character of the City’s single-dwelling neighborhoods. Equal to meeting these housing law obligations is ensuring that no unavoidable adverse impacts occur to the public health, safety, or general welfare of its residents or to the City’s sensitive coastal resources.

This Chapter prescribes objective standards for the approval of such units and Urban Lot Splits and the circumstances in which a development may be prohibited. For example, the proposed development may be denied if it conflicts with the certified LCP, or if applicable, the public access provisions of the Coastal Act, or where the proposed development is located within a Severe Wildfire Hazard Area, unless the zone allows residential development and the applicant demonstrates that all applicable safety precautions will be taken for construction of the development. 9 June 2, 2025 Item 5
Ordinance No. XXXX

SECTION TWO: That DMMC Prospective Section 30.93.020 Definitions for the SB 9 Implementing Regulations shall be amended per CCC modification #3 to read as follows:

30.93.020 - Definitions.
[Senate Bill 9 (SB 9) through Urban Lot Split. No change in text] Unit means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.21, or a junior accessory dwelling unit as defined in Government Code Section 65852.22.
[Acting in Concert with the Owner. No change in text]
SECTION THREE: That DMMC Prospective Section 30.93.030 Applicability for the SB 9 Implementing Regulations shall be amended per CCC modifications #4 through #9 to read as follows:

30.93.030 - Applicability.

A. This Chapter applies to proposed development on properties located within a single dwelling unit zone (R1-40, R1-14, R1-10, R1-5), except as prohibited per Section (B). In accordance with Section (B), proposed development shall be prohibited in zones R1-10B and R1-5B, which are located entirely within the Floodplain Overlay Zone.

B. To ensure that no adverse unavoidable impacts occur to public health and safety, coastal resources, or impede public access to coastal resources, proposed development in locations listed below shall not be eligible to utilize or benefit from this Chapter. Where such circumstances apply all existing discretionary review processing requirements, zoning requirements, and maximum density per the General Plan and certified Local Coastal Program shall apply where the:
[1. No change in text]

2. Proposed development on lots containing wetlands or their buffers, as defined by either Coastal Commission regulation section 13577(b) (Cal.

Code of Regs., tit.14) or the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993 or as revised), or other environmentally sensitive habitats as defined by Section 30.75.030, including those lands that have been conserved by dedication in fee title, easement covenants, or other forms of conservation easements.

3. Proposed development that is located on a lot having habitat for protected species identified as either a candidate, sensitive, or species of special status by state or federal agencies, or otherwise fully protected species, or 10 June 2, 2025 Item 5
Ordinance No. XXXX

species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec 1531 et seq. or as amended), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), which includes but is not limited to proposed development located on any one of the following Overlay zones:
[a. through f. No change in text]

4. Proposed development on a lot that falls entirely or partially within a mapped Special Flood Hazard Area identified on the most recent FEMA Flood Insurance Rate Map (“FIRM”).
[5. through 8. No change in text]

9. Proposed development that would require demolition of an existing dwelling unit that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or demolition of a dwelling unit that has been occupied by a tenant in the last three years. An applicant must demonstrate whether an existing house on a property implementing an Urban Lot Split or altered to accommodate two dwelling units was owner occupied or rented by a tenant to the Director’s satisfaction, including but not limited to the execution of an affidavit that is subject to the laws of perjury. [10. No change in text]

11. Projects proposing an Urban Lot Split shall not be eligible to construct Accessory Dwelling Units or Junior Accessory Dwelling Units consistent with Government Code Section 65852.21 and Section 65852.2 as amended. Each resulting lot shall not contain more than two dwelling units.

For Urban Lot Splits with an existing Accessory Dwelling Unit or a Junior Accessory Dwelling Unit onsite, those units shall be considered dwelling units for the purposes of this Chapter.
[12. through 13. No change in text]
SECTION FOUR: That DMMC Prospective Section 30.93.040 for the SB 9 Implementing Regulations shall be amended per CCC modifications #10 and #11 to read as follows:

30.93.040 - Permit Review Required to Utilize the Provisions of this Chapter.

A. An applicant seeking to utilize the provisions of this Chapter shall propose development in accordance with the primary dwelling unit regulations in Section

30.93.050, Section 30.93.060, Chapter 23.07, and Chapter 24.66. 11 June 2, 2025 Item 5
Ordinance No. XXXX

B. Any application pursuant to this Chapter may be denied by the City upon the making of written findings establishing by a preponderance of the evidence that the proposed development would have a specific, adverse impact upon public health and safety, coastal resources, or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety where also consistent with the LCP:
[1. through 2. No change in text]
SECTION FIVE: That DMMC Prospective Section 30.93.050 for the SB 9 Implementing Regulations shall be amended per CCC modifications #12 and #13 to read as follows:

30.93.050 - Development of Two Unit Residential Development in Accordance with this Chapter.

A lot in a single dwelling unit zone that meets the criteria in Section 30.93.030 shall be permitted to develop up to two primary dwelling units per lot by submitting an application for an Administrative Coastal Development Permit. The issuance of an Administrative Coastal Development Permit will not require any public hearings. The application shall be consistent with Section 30.75.080(E) and meet the following requirements:

A. The development regulations of the base zone in which the lot is located shall apply, except as otherwise specified in this Section:
[1.through 5. No change in text]

6. Setbacks:
[a. No change in text]
b. New primary dwelling unit structures that comply with the setbacks of the base zone and minimum six-foot building separation shall be allowed 801-1,000 square feet of building area. A primary dwelling unit with a maximum gross floor area of 800 square feet shall not be permitted closer than four feet from interior side and rear property lines.
[c. No change in text]
[7. No change in text]
12 June 2, 2025 Item 5
Ordinance No. XXXX

8. Parking:
[a. No change in text]
b. If a two-unit residential development replaces an existing garage or other required parking, replacement parking spaces shall be provided on-site in accordance with the requirements of DMMC Chapter 30.80 and the certified LCP only if the loss of the off-street parking supply has a significant effect on public access to the shoreline. The new parking space(s) may be covered or uncovered.

No off-street parking requirements apply to any development proposed within one-half mile of a major transit stop, as defined in Public Resources Code Section 21064.3.
[c. through d. No change in text]
B. Accessory dwelling units consistent with Government Code Section 65852.21 and Section 65852.2, as amended, proposed in conjunction with dwelling units subject to this Section and are not subdivided through an Urban Lot Split shall be detached from primary dwelling units and shall maintain a minimum six feet separation from other structures onsite. Junior Accessory Dwelling Units shall be contained within the existing or proposed floor area of a primary dwelling unit.

C. Prior to the issuance of a building permit for a Two Unit Residential Development, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include the following text:
[1. through 2. No change in text]

3. At least one of the dwelling units in a project (Two Unit Residential Development or Urban Lot Split) subject to this Chapter shall be rented or sold to very low or lower income households, as defined by Sections 50105(a) or 50079.5 of the CA Health and Safety Code. In a form approved by the City, any transfers of land inclusive of the affordable units shall be subject to a deed restriction for not less than 55 years ensuring continued affordability of the units consistent with this Chapter and Chapter 24.21 (Inclusionary Housing).

SECTION SIX: That DMMC Prospective Section 30.93.060 for the SB 9 Implementing Regulations shall be amended per CCC modifications #17 and #18 to read as follows:

30.93.060 - Regulations for Urban Lot Splits Located in Zones for Single Dwelling Lots.

A. through F. No change in text]
13 June 2, 2025 Item 5
Ordinance No. XXXX

G. Prior to the recordation of the parcel map for an Urban Lot Split, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include the following text:
[1. through 2. No change in text]

3. A maximum of two dwelling units shall be permitted on each lot, either as two primary units, or a primary unit and an Accessory Dwelling Unit, or a primary unit and a Junior Accessory Dwelling Unit; however, at no time shall an entitled Urban Lot Split exercise all provisions in Government Code Sections 65852.21 and 66411.7.
[4. No change in text]

5. At least one of the dwelling units (including all units on the lot or subdivided lots subject to this Chapter) shall be rented or sold to very low or lower income households, as defined by Sections 50105(a) or 50079.5 of the CA Health and Safety Code. In a form approved by the City, any transfers of subdivided land and inclusive of any affordable unit shall be subject to a deed restriction for not less than 55 years ensuring continued affordability of the units consistent with this Chapter and Chapter 24.21 (Inclusionary Housing).

SECTION SEVEN: That DMMC Prospective Section 24.66.020 shall be amended per CCC modification #19 to read as follows:

24.66.020 - Preparation of Urban Lot Split Map.

An Urban Lot Split application shall be prepared by or under the direction of a registered civil engineer or licensed surveyor, and shall show the location of streets, easements, and property lines bounding the subject property and shall conform to the following provisions:

A. through D. No change in text]
E. Each tentative map shall depict all contiguous property owned by the subdivider and shall contain the following information:
[1. Through 12. No change in text]

13. Location of all major vegetation showing size and type, including buffers for any adjacent environmentally sensitive habitat.
[14. Through 22. No change in text]
14 June 2, 2025 Item 5
Ordinance No. XXXX

[F. No change in text]
SECTION EIGHT: That DMMC Prospective Section 24.66.050 shall be amended per CCC modifications #20 through #27 to read as follows:

24.66.050 - Requirements for Urban Lot Split Map.
[A. through D. No change in text]
E. Urban Lot Splits shall comply with the inclusionary housing requirement stated in Section 30.93.060 and Chapter 24.21 (Inclusionary Housing) for dedication of one unit for lower income households. An additional in lieu fee payment shall not be required for the lot split.
[F. through H. No change in text]
I. Prior to the recordation of the parcel map for an Urban Lot Split, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include the following text:
[1. through 2. No change in text]

3. A maximum of two dwelling units shall be permitted on each lot, either as two primary units, or a primary unit and an Accessory Dwelling Unit, or a primary unit and a Junior Accessory Dwelling Unit; however, at no time shall an entitled Urban Lot Split exercise all provisions in Government Code Sections 65852.21 and 66411.7.
[4. No change in text]
J. This Chapter applies to proposed Urban Lot Split subdivisions on properties located within a single dwelling unit zone (R1-40, R1-14, R1-10, R1-5), except as prohibited per Section (I). In accordance with Section (I), proposed urban lot split subdivisions shall be prohibited in zones R1-10B and R1-5B, which are located entirely within the Floodplain Overlay Zone.

K. To ensure that no adverse unavoidable impacts occur to public health and safety, coastal resources or impede public access to coastal resources, proposed development in locations listed below shall not be eligible to utilize or benefit from this Chapter. Where such circumstances apply all existing discretionary review processing requirements, zoning requirements, and maximum density per the General Plan and certified Local Coastal Program shall apply where the:
15 June 2, 2025 Item 5
Ordinance No. XXXX

[1. No change in text]

2. Proposed development on lots containing wetlands or their buffers, as defined by either Coastal Commission regulation section 13577(b) (Cal.

Code of Regs., tit.14) or the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993 or as revised), or other environmentally sensitive habitats as defined by Section 30.75.030, including those lands that have been conserved by dedication in fee title, easement covenants, or other forms of conservation easements.
[3. No change in text]

4. Proposed development on a lot that falls entirely or partially within a mapped Special Flood Hazard Area identified on the most recent FEMA Flood Insurance Rate Map (“FIRM”).
[5. through 8. No change in text]

9. Proposed development that would require demolition of an existing dwelling unit that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or demolition of a dwelling unit that has been occupied by a tenant in the last three years. An applicant must demonstrate whether an existing house on a property implementing an Urban Lot Split or altered to accommodate two dwelling units was owner occupied or rented by a tenant to the Director’s satisfaction, including but not limited to the execution of an affidavit that is subject to the laws of perjury.
[10. No change in text]

11. Projects proposing an Urban Lot Split on a lot that contains an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, unless the applicant converts one existing ADU or JADU per lot to a primary dwelling unit and removes all other ADUs or JrADUs in compliance with this Chapter. When proposing an Urban Lot Split, an applicant shall choose whether to use the provisions of this Chapter or the provisions of the ADU and JADU regulations consistent with Government Code Section 65852.21 and Section 65852.2, as amended, but shall not use both. In either case, each resulting lot shall not contain more than two units and each proposed primary unit shall be no more than 800 square feet in floor area. [12. No change in text]
16 June 2, 2025 Item 5
Ordinance No. XXXX

13. Proposed development located within the North Beach District as identified in the Community Plan that due to flood hazards, limited public access to coastal resources, or impediments to public recreation.

SECTION NINE: That DMMC Prospective Section 23.07.020 Objective Design Standards for Residential Development shall be amended per CCC modifications #28 and #29 to read as follows:

23.07.020 – Applicability and Process for Approval
[A. No change in text]
B. Chapter 23.07 shall apply to proposed multiple dwelling unit housing development within the Housing Element Implementation Overlay Zone (Chapter 30.92) and any proposed residential development where the City is precluded by State Housing law from applying discretionary design review and permit approval processes that are identified in Chapter 23.08.

C. Chapter 23.07 shall also apply to residential development in single dwelling unit zones that are subject to California Government Code Sections 65852.21 and 66411.7, referred to in this Chapter as “Two Unit Residential Development.” As part of the ministerial review, any Two Unit Residential Development shall comply with the following Objective Design Standards listed in Table A below. For any standard not explicitly identified below, all applicable objective standards of the underlying zoning designation and other objective standards contained in Chapter

30.93 shall apply. Where there are conflicting requirements between the Objective Design Standards below and other requirements within the Del Mar Municipal Code (DMMC) or the certified LCP, the stricter standard shall apply. [D. No change in text]
SECTION TEN: That DMMC Prospective Section 23.07.030 shall be amended per CCC modification #30 to read as follows:

23.07.030 – Objective Design Standards for Two Unit Residential Development A. If it is not feasible to comply with all applicable Objective Design Standards listed in Table “A” below when constructing up to two, 800-square-foot dwelling units on a property, the applicant shall provide all necessary information requested by the City to reasonably demonstrate that it is infeasible to construct two, 800-squarefoot dwelling units if compelled to comply with the City’s Objective Design Standards. Upon review of the applicant’s completed feasibility study, the Director of Planning and Community Development shall determine which of, if any, Objective Design Standards will apply or what standards may be waived to allow for up to two dwelling units that are no more than 800 square feet. The City will 17 June 2, 2025 Item 5
Ordinance No. XXXX

also evaluate the application compliance with the certified Local Coastal Program and determine if other feasible siting locations reduce impacts to environmentally sensitive coastal areas or impacts to public scenic views. Additionally, the project may be denied if it will endanger public health or safety or create an adverse impacts to the physical environment that cannot be avoided or mitigated. On denial, the City will produce written findings to the applicant based on the preponderance of evidence that the project will have unavoidable or unmitigable impacts to the public’s health and safety, coastal resources, or the physical environment.
[B. and C. and Table A No change in text]
SECTION ELEVEN: That DMMC Prospective Section 30.13.070 Development Standards for the R1-10B Zone shall be amended per CCC modification #31 to read as follows:

30.13.070 – Development Standards.
[A. No change in text]
B. Lot Dimensions.
[1. through 4. No change in text]
[C. No change in text]
SECTION TWELVE: That DMMC Prospective Section 30.15.030 Allowable Uses for the R1-5B Zone shall be amended per CCC modification #32 to read as follows:

30.15.030 – Allowable Uses.

The allowable uses in the R1-5B Zone are:
[A. through C. No change in text]
SECTION THIRTEEN: That DMMC Prospective Section 30.15.070 Development Standards for the R1-5B Zone shall be amended per CCC modification #33 to read as follows:

30.15.070 – Development Standards.
[A. No change in text]
B. Lot Dimensions.
[1. through 4. No change in text]
18 June 2, 2025 Item 5
Ordinance No. XXXX

[C. No change in text]
SECTION FOURTEEN:

This action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 and Government Code Sections 65852.21(j) and 66411.7(n) because the adoption of an ordinance to implement SB 9 is not considered a project under Division 13 of the Public Resources Code.

SECTION FIFTEEN:

The Coastal Commission conditionally certified the Ordinance/LCPA on April 9, 2025, and the City scheduled the introduction hearing for the amending ordinance on the first available date for the associated public hearing of the City Council.

SECTION SIXTEEN:

This Ordinance was introduced by the City Council on May 19, 2025.

SECTION SEVENTEEN:

The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.

SECTION EIGHTEEN:

If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION NINETEEN:

Upon adoption, the Ordinance will be submitted to the California Coastal Commission for final certification of the Local Coastal Program Amendment. The Ordinance will take effect and be in force on the date that the Coastal Commission takes action to unconditionally certify the Local Coastal Program Amendment.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held on the 2nd day of June, 2025. ________________________________
Terry Gaasterland, Mayor
City of Del Mar
19 June 2, 2025 Item 5
Ordinance No. XXXX

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 Ordinance No. XXXX, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 2nd day of June, 2025, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
20 June 2, 2025 Item 5
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: June 2, 2025
SUBJECT: Amendment to Agreement with True North Compliance Services, Inc. for Building and Safety Services
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Approve the First Amendment to the Agreement with True North Compliance Services, Inc. (Attachment A) for Building and Safety Services extending the term for an additional five-year period ending June 30, 2030; and 2) Authorize the City Manager to execute the Amendment.

BACKGROUND:

On July 1, 2020, the City of Del Mar entered into a five-year agreement with True North Compliance Services, Inc. (TNC) (Attachment B) to provide building services administration, building plan check services, building inspection services, and building counter operations for the City of Del Mar. As the City does not have an in-house Building Department, TNC provides all building services for the City. TNC operates out of their local office in San Diego and provides in-person building services at City Hall during counter hours on Monday and Wednesday from 1:00 p.m.–5:30 p.m., in addition to remote services Monday–Friday. Moreover, TNC also provides two (2) building inspectors who perform inspection services Monday–Friday. Isam Hasenin, TNC’s founder and president, serves as the City’s contract Chief Building Official.

DISCUSSION/ANALYSIS:

The initial five-year term of the current agreement is set to expire on June 30, 2025.

Section 2.1 of the agreement allows for one five-year extension to the term based on satisfactory performance and mutual agreement between the parties. Under the current agreement, TNC retains 80% of all building fees collected, and the City receives 20%.

This arrangement is consistent with those of other cities in the region who contract for building services.

Since TNC’s first full year managing building services for the City in 2021, the City on a yearly average receives approximately 450 building permit applications, issues 400 building permits, and finals 200 building permits. The number of applications continues to increase each year, and it is anticipated that this trend will continue moving forward. 1 June 2, 2025 Item 6
City Council Agenda Report
First Amendment to TNC Agreement – Building Services
June 2, 2025

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council associated with this item.

Sufficient funds have been included in the proposed Fiscal Year 2025-2026 and 2026- 2027 Operating and Capital Budget and will be included in future budget proposals for Council consideration.

ENVIRONMENTAL IMPACT:

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

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

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

ATTACHMENTS:

Attachment A – First Amendment to Agreement with TNC
Attachment B – Original Agreement with TNC
2 June 2, 2025 Item 6

FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF DEL MAR AND TRUE NORTH COMPLIANCE SERVICES, INC.

FOR BUILDING AND SAFETY SERVICES
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 1st day of July, 2025, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and True North Compliance Services, Inc. (“Consultant”) (collectively “Parties”).

RECITALS
WHEREAS, on July 1, 2020, the City and Consultant entered into an Agreement establishing the terms and conditions for Consultant to provide building and safety services to the City for a five-year period terminating June 30, 2025; and WHEREAS, the Parties now desire to extend the term of the Agreement for an additional five-year period as provided for in Section 2.1; and WHEREAS, the First Amendment is necessary in order to extend the term of the Agreement.

NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:

Section 1. Section 2.1 of the Agreement is amended as follows:

2. DURATION OF AGREEMENT

2.1 Term, Time for Performance. The term of the Agreement is for a period commencing on July 1, 2020, and terminating June 30, 2030, (“Termination Date”) unless terminated earlier as set forth herein.

Section 2. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.
[Signatures on the Following Page]
Attachment A 3 June 2, 2025 Item 6
City of Del Mar
First Amendment to TNC Agreement – Building and Safety Services

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager

TRUE NORTH COMPLIANCE SERVICES,,
INC.

By:

Isam Hasenin, President
ATTEST:

By:

Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:

By:

Leslie E. Devaney, City Attorney
Attachment A 4 June 2, 2025 Item 6
Attachment B 5 June 2, 2025 Item 6
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Marco Camacho, Finance Manager/Treasurer
Kseniia Izgarskaia, Senior Management Analyst
Via Ashley Jones, City Manager
DATE: June 2, 2025
SUBJECT: Agreement for Audit Services
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Approve a professional services agreement with Davis Farr, LLP (Attachment A) to provide audit services to the City for an initial three-year period effective July 1, 2025, through June 30, 2028; and 2) Authorize the City Manager to execute the agreement and any subsequent term extension amendments provided in the agreement contingent upon satisfactory performance by the consultant.

BACKGROUND:

The primary purpose of a financial audit is to render an opinion on whether the City’s financial statement reports are presented fairly in conformity to applicable generally accepted accounting standards. In accordance with state law and the industry best practices, the City’s financial statements are audited annually by external auditors who are Certified Public Accountants (CPA) and independent of City operations.

The City’s standard practice is to contract with CPA firms licensed by the State of California to perform municipal financial audits. The City’s current auditor is CliftonLarsonAllen, LLP, and the agreement for services is set to expire on June 30, 2025.

DISCUSSION/ANALYSIS:

On April 9, 2025, the City issued a Request for Qualifications (RFQ) 2025-02 soliciting proposals from qualified firms to provide audit services for an initial three-year period with an option to extend the agreement for an additional two-year period. The City received four proposals from the following firms:
1) Vasquez + Company, LLP
2) SingerLewak, LLP
3) CliftonLarsonAllen, LLP
4) Davis Farr, LLP
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The proposals were carefully evaluated by staff based on several criteria, including but not limited to: technical competence, responsiveness to the RFQ including the audit approach and methodology, experience auditing governmental agencies, prior experience with the City of Del Mar, clarity and organization of the proposal, and cost. Based on the review of the proposals submitted by the responsive firms, staff is recommending that the City enter into an agreement with Davis Farr LLP (Davis Farr).

Davis Farr is a full-service regional accounting firm that specializes in providing attest and advisory services to federal, state, and local governments. Davis Farr specializes in municipal audits and has extensive experience having served governmental entities for over 30 years, including some other municipalities in the region, such as the cities of Carlsbad, Coronado, Poway, and Solana Beach. Davis Farr’s proposal demonstrated excellent qualifications and the ability to meet the City’s needs in full compliance with Governmental Accounting Standards Board (GASB) standards. The fees for services proposed by Davis Farr are fair and in line with the market.

If the agreement for services is approved, Davis Farr will complete the City’s audit for Fiscal Years 2024-2025, 2025-2026, and 2026-2027 during the initial term of the agreement, with an option to extend the agreement for an additional two-year period.

FISCAL IMPACT:

The total cost of audit services for the initial three-year agreement term is $160,080. It is the all-inclusive cost of the annual audit, Single Audit, and State Controller’s report. Funds for these services will be included in Fiscal Year 2025-2026 and 2026-2027 Operating and Capital Budget presented for City Council’s consideration and adoption on June 16, 2025.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and is not related to Council Goals and Priorities.

ATTACHMENTS:

Attachment A – Agreement with Davis Farr LLP
2 June 2, 2025 Item 7

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF DEL MAR AND DAVIS FARR LLP

FOR AUDIT SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 1st day of July, 2025, by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Davis Farr LLP (“Consultant”) (collectively “Parties”).

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

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

1. CONSULTING SERVICES.

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

1.2. Designated Point of Contact. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services. Prior to the start of services, each Party shall identify for the other a designated point of contact for administration and oversight of the services to be provided under this Agreement, with notification of any change to the point of contact within thirty (30) days.

1.3. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for a period of three (3) years beginning on July 1, 2025, and ending on June 30, 2028. The agreement may be extended for an additional two (2) year period, upon written approval of both parties. Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
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2.2 Delay. Any delay occasioned by causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.

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

2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice. Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.

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

4. COMPENSATION.

4.1 Total Amount. Compensation to Consultant shall be provided in accordance with the rates described in the Fee Schedule contained in Exhibit “B” and incorporated herein. Consultant shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.

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

5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, 4 June 2, 2025 Item 7
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Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.

6. STATEMENT OF EXPERIENCE. Consultant agrees that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. By executing this Agreement, Consultant represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City.

Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

7. AUDIT OF RECORDS.

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

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

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

9. CONFLICTS OF INTEREST.

9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City. 5 June 2, 2025 Item 7
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9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.

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

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

11. INSURANCE

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

11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to nonpayment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.

11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:

11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing 6 June 2, 2025 Item 7
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coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).

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

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

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

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

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

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

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

11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

12. DEFENSE AND INDEMNIFICATION.

12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or 7 June 2, 2025 Item 7
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relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.

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

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

13. SUBCONTRACTORS.

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

13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement. The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.

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

14. NON-DISCRIMINATION. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, 8 June 2, 2025 Item 7
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but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.

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

If to City:

City of Del Mar
City Clerk
1050 Camino del Mar
Del Mar, CA 92014
[email protected]
If to Consultant:

Davis Farr LLP
Shannon Ayala, Partner
1903 Wright Place, Suite 280
Carlsbad, Ca 92008
[email protected]
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

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

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

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

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

To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior 9 June 2, 2025 Item 7
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to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.

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

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

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

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

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

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

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

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

27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, 10 June 2, 2025 Item 7
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and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.

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

29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF DEL MAR,
a municipal corporation
By: ____________________________
Ashley Jones, City Manager

DAVIS FARR LLP,
a California corporation
By: _____________________________
Shannon Ayala, Partner

ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
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EXHIBIT A

SCOPE OF SERVICES
The City’s goal is to provide the public and its constituents with a comprehensive financial statement that gives complete, accurate, and understandable information about the City’s financial condition, fully compliant with all GASB standards.

A. The Consultant’s (auditor) Scope of Services includes but is not limited to:

1. Examine the financial statements of the governmental activities, business-type activities, each major fund, and the aggregate remaining fund information of the City of Del Mar, and the City’s financial records for each of the three fiscal years starting with the fiscal year ending June 30, 2025 through June 30, 2027. The purpose of the examination is to obtain the auditor’s opinion on the fairness of the basic financial statements presented, and whether they comply with generally accepted accounting principles applied on a basis consistent with that of the preceding year. The examination shall be conducted in accordance with generally accepted auditing standards as set forth in Government Auditing Standards issued by the Comptroller General of the United States, the provisions of the Federal Single Audit Act as amended, and U.S. Office of Management and Budget (OMB) Circular A-133 Audits of State and Local Governments and NonProfit Organizations, and shall include such tests as sampling and other audit techniques as determined by the auditor.

2. Following the completion of the audit of the City’s basic financial statements and related records, the auditor shall prepare:
a. A standard short form audit report. The audit reports for the City shall include a signed opinion, basic financial statements, including government-wide financial statements and fund financial statements, for all funds, and accompanying notes to the basic financial statements. If applicable, a report on compliance and on the internal control over financial reporting based on an audit of financial statements performed in accordance with Government Auditing Standards. (Single Audit) b. If applicable, a report on compliance with requirements applicable to each major program and internal control over compliance in accordance with OMB Circular A133. (Single Audit) c. If applicable, a schedule of findings and questioned costs. (Single Audit) d. If applicable, an “in-relation-to” report on the schedule of expenditures of federal awards. (Single Audit)

3. Apply to the management discussion and analysis those procedures required by the auditing standards to be applied to required supplementary information. The auditor will apply an understanding of the method of preparation, the source and basis for the information presented, comparing for consistency to the audited data, and ascertaining that the management’s discussion and analysis contains all of the information required by all GASB standards and does not contain information prohibited to be presented in the management’s discussion and analysis.

4. Present and discuss the annual basic financial statements and results of operations at a City Council meeting.

5. Prepare and submit a management letter at the conclusion of the annual audit. The management letter shall report all significant opportunities for realistically improving 12 June 2, 2025 Item 7
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internal controls of the City’s operations and procedures that are discovered or observed by the auditor in the course of the annual audit and management response to the recommendations.

6. Provide general consultation on financial reporting matters.

7. The auditor shall communicate in a letter to the City Manager any reportable conditions, as defined by professional auditing standards, found during the audit. Any irregularities or illegal acts that come to the auditor’s attention will be reported immediately to the City Manager.

8. Presentation of Information to the Finance Committee. Auditors shall inform the City’s Finance Committee of each of the following:
a. The auditor’s responsibility under generally accepted auditing standards. b. Significant accounting policies
c. Management judgments and accounting estimates.
d. Significant audit adjustments
e. Other information in documents containing audited financial statements. f. Disagreements with management
g. Major items discussed with management prior to retention h. Difficulties encountered in performing the audit.

9. Attend, participate, and staff up to two Finance Committee meetings per year.

10. It is the responsibility of the auditor to request and acquire access to any needed information pertinent to audits of previous year’s financial statements. The most likely source for obtaining such information is City staff and the City’s independent financial auditor for the year(s) in question.

11. From time to time, the City may require special services or assistance which could be subject to a new agreement or amendments to the original agreement entered into in accordance with all applicable City regulations. Any such additional work agreed to between the City and the firm shall be performed at the same rates set forth in the schedule of fees and expenses included in the Cost Proposal required per Section V.

12. All working papers and reports must be retained, at the auditors’ expense, for a minimum of seven (7) years, unless the firm is notified in writing by the City of the need to extend the retention period. In addition, the firm shall respond to reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance.

B. General Schedule for Performance of Audit Services. This project schedule is for illustrative purposes only. A final time schedule will be worked out between City staff and the Consultant:

July 31 - preliminary close.

August 20 - close of accounts payable accrual period.

September 18 - generate final trial balance.

October 16 - receive electronic drafts of financial reports and management letter.

October 30 - receive financial reports and management letter.

December/January - present all reports and opinion to the City’s Finance Committee and to City Council.
13 June 2, 2025 Item 7
Professional Services Agreement
For Audit Services

C. City staff will provide the following assistance to Consultant:

1. City staff and responsible management personnel will be available during the audit to provide information, documentation, and explanations.

2. City staff will prepare all confirmations and auditors shall distribute.

3. City staff will prepare audit schedules.

4. City staff will prepare the management discussion and analysis to be incorporated into the financial statements.

5. The auditors shall provide a list of all schedules to be provided by the City (including confirmations) by June 1st of each year.

6. Report preparation of the basic financial statements, including government-wide financial statements and fund financial statements, for all funds, and accompanying notes to the financial statements shall be the responsibility of the City. Preparation of the supplemental sections for the ACFR, editing, and printing shall be the responsibility of the City.
14 June 2, 2025 Item 7
Professional Services Agreement
For Audit Services

EXHIBIT B

FEE SCHEDULE
Tasks Year 1
FY 24-25
Year 2
FY 25-26
Year 3
FY 26-27
Year 4*
FY 27-28
Year 5*
FY 28-29
City Audit, including GANN Limit $44,030 $45,350 $46,700 $48,100 $49,540 City Financial Transaction Report
(State Controller Report)
3,900 4,000 4,100 4,200 4,300
Single Audit** 3,900 4,000 4,100 4,200 4,300
Total Audit Fees $51,830 $53,350 $54,900 $56,500 $58,140 *if the Agreement is extended for an additional two-year period per Agreement Section 2.1. ** Includes one major program. Additional major programs can be audited at $2,500 per program. 15 June 2, 2025 Item 7
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Joe Bride, Public Works Director
Polly Robertson, Management Analyst
Via Ashley Jones, City Manager
DATE: June 2, 2025
SUBJECT: Restructuring the Sale of Reclaimed Water to the 22nd District Agricultural Association
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Adopt a Resolution (Attachment A) to Rescind Resolution 2000-19 Adopting Rules and Regulations for Recycled Water Service; 2) Approve an Agreement with the San Elijo Joint Powers Authority Regarding Delivery of Reclaimed Water and Delegation of Responsibilities Under the Water Recycling Act of 1991 (Attachment B); 3) Approve the Fourth Amendment to the Reclaimed Water Sales Agreement with the San Elijo Joint Powers Authority and the 22nd District Agricultural Association (Attachment C); and 4) Authorize the City Manager to execute the Agreement and the Fourth Amendment.

BACKGROUND:

On November 5, 1997, the City of Del Mar entered into two agreements related to the purchase and sale of reclaimed water within the City of Del Mar. The first agreement was between the City of Del Mar (City), as the purchaser, and the San Elijo Joint Powers Authority (SEJPA), as the seller, for reclaimed water sales. The second agreement was between the City, SEJPA, and the 22nd District Agricultural Association (District) for the City to purchase reclaimed water from SEJPA and sell it to the District.

These agreements are necessary because the SEJPA’s pipelines and meters are physically located within the City’s jurisdictional service area. Under these agreements, the City serves as a pass-through agency for the sale of reclaimed water between the District and the SEJPA, collecting payments for consumption of reclaimed water from the District and remitting equal payments to the SEJPA. Most of the City’s reclaimed water is utilized and paid for by the District.

In 2014, the City Council authorized first amendments to the reclaimed water sales agreements with SEJPA and the District, which increased reclaimed water rates and 1 June 2, 2025 Item 8
City Council Agenda Report
Restructuring the Sale of Reclaimed Water
June 2, 2025

reduced the annual minimum purchase volume from 150 acre feet (AF) to 120 AF. These amendments also removed the 85% indexed pricing and replaced it with cost-of-service pricing.

In 2020, the City Council authorized second amendments to the reclaimed water sales agreements with SEJPA and District, which increased reclaimed water rates and reduced the minimum purchase volume from 120 AF to 85 AF, which was based on actual usage by the District. These second amendments extended the term of the agreements to June 30, 2023, and allowed for the agreements to continue year to year under the same terms and conditions unless terminated or otherwise amended.

In 2023, the City Council authorized third amendments to the reclaimed water sales agreements with SEJPA and the District, which adjusted the minimum purchase volume to 170 AF for the combined two-year timeframe of Fiscal Year (FY) 2021-2022 through FY 2022-2023. Beginning July 1, 2023, the amendments stated that the annual minimum purchase volume of reclaimed water reverted to 85 AF.

DISCUSSION/ANALYSIS:

The City expends significant resources serving as a pass-through agency for the sale of reclaimed water between the District and SEJPA. However, there is no administrative fee charged by the City to offset these impacts and the arrangement provides no economic or operational benefit to the City. As such, staff recommends that the City discontinue serving as a pass-through agency, while remaining a SEJPA reclaimed water customer for the City’s own reclaimed water needs.

Per Section 14 of the original agreements, amendments can be re-negotiated upon the written request of the parties. The parties have worked together, along with their respective legal counsel, to draft the proposed terms of the Agreement and Fourth Amendment.

To formalize the restructuring of the sale of reclaimed water described above, staff recommends the City Council adopt a Resolution (Attachment A) rescinding Resolution 2000-19 Adopting Rules and Regulations for Recycled Water Service. Staff also requests that the City Council approve the Agreement with SEJPA Regarding Delivery of Reclaimed Water and Delegation of Responsibilities Under the Water Recycling Act of 1991. If approved, the restructuring would go into effect in July 1, 2025. The new agreement will replace the original agreement from 1997.

Staff also requests that the City Council approve the Fourth Amendment to the Reclaimed Water Sales Agreement to remove the City from the agreement and future amendments.

The Fourth Amendment will delegate authority to SEJPA to provide reclaimed water services directly to the District. The City will no longer serve as a pass-through agency, allowing the District to coordinate directly with SEJPA on all future amendments and 2 June 2, 2025 Item 8
City Council Agenda Report
Restructuring the Sale of Reclaimed Water
June 2, 2025

invoicing. Additionally, SEJPA will reduce the District’s minimum annual purchase volume from 85 AF to 75 AF.

FISCAL IMPACT:

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

Approval of the recommended action will eliminate the administrative burden to City resources related to acting as a pass-through agency to provide recycled water to the District, which will have a positive economic benefit to the City.

ENVIRONMENTAL IMPACT:

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

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This item is operational in nature and is not directly related to the City Council’s list of Goals and Priorities.

ATTACHMENTS:

Attachment A – Resolution to Rescind 2000-19 Adopting Rules and Regulations for Recycled Water Service
Attachment B – Agreement between SEJPA and the City of Del Mar Regarding Delivery of Reclaimed Water and Delegation of Responsibilities Attachment C – Fourth Amendment to Reclaimed Water Sales Agreement with the SEJPA and the 22nd District Agricultural Association
3 June 2, 2025 Item 8

ATTACHMENT A
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, RESCINDING RESOLUTION 2000-19

ADOPTING RULES AND REGULATIONS FOR RECYCLED

WATER SERVICE
WHEREAS, the City of Del Mar (City) entered into two agreements related to the purchase and sale of reclaimed water on November 5, 1997. The first agreement was between the City and the San Elijo Joint Powers Authority (SEJPA) relating to reclaimed water sales, the second agreement was between the City, SEJPA, and the 22nd District Agricultural Association (22nd DAA) for the City to purchase reclaimed water from the SEJPA and transfer it to 22nd DAA; and
WHEREAS, the City adopted Resolution 2000-19 Adopting Rules and Regulations for Water Service on May 1, 2000 with the SEJPA for the delivery of reclaimed water to the 22nd DAA; and
WHEREAS, the City has served as a pass-through agency for the sale of reclaimed water between the 22nd DAA and the SEJPA, collecting payments for consumption of reclaimed water from the 22nd DAA, and remitting equal payments to the SEJPA; and
WHEREAS, the City Council intends to discontinue serving as a pass-through agency, however the City will remain a SEJPA reclaimed water customer for to serve its own reclaimed water needs, which upon the passing of this Resolution shall become effective July 1, 2025.

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; and

2. The City Council hereby rescinds Resolution 2000-19 Adopting Rules and Regulations for Recycled Water Service.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 2nd day of June, 2025. _____________________________________
Terry Gaasterland, Mayor
City of Del Mar
4 June 2, 2025 Item 8
Resolution No. 2025-XX

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 2nd day of June, 2025, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 June 2, 2025 Item 8

AGREEMENT BETWEEN SAN ELIJO JOINT POWERS AUTHORITY

AND CITY OF DEL MAR REGARDING DELIVERY OF RECLAIMED

WATER AND DELEGATION OF RESPONSIBILITIES
UNDER THE WATER RECYCLING ACT OF 1991
This Agreement (“AGREEMENT”) is made and entered into on this 1st day of July, 2025, by and between the San Elijo Joint Powers Authority, a Joint Powers Authority (“SEJPA”), and the City of Del Mar, a chartered municipal corporation (“CITY”). The SEJPA and City may herein be collectively referred to as the “Parties” or individually, as a “Party.”

RECITALS
WHEREAS, the SEJPA is a producer of recycled or reclaimed water in accordance with the requirements of Order No. 2000-10, Master Recycled Water Permit for the production and purveyance of Recycled Water for San Elijo Joint Powers Authority, San Dieguito Water District, Santa Fe Irrigation District, and City of Del Mar, as adopted by the California Regional Water Quality Control Board, San Diego Region on March 8, 2000, which incorporates Title 22 of the California Code of Regulations, and amendments thereto; and WHEREAS, on November 5, 1997, the SEJPA, the CITY and the 22nd District Agricultural Association, a California State Institution located within the CITY’s service area (the “DISTRICT”), entered into that certain Reclaimed Water Sales Agreement and three subsequent amendments thereto, which established the terms and conditions under which the SEJPA produces, and the SEJPA and the CITY deliver, reclaimed water to the DISTRICT (collectively referred to herein as, the “RW Contract”); and WHEREAS, the SEJPA, CITY and the DISTRICT wish to execute a Fourth Amendment to the RW Contract in order to further reduce the annual minimum purchase volume and adjust the cost of reclaimed water being charged to the DISTRICT, and to remove the CITY as a party to the RW Contract, but continue certain terms for the provision of reclaimed water by SEJPA to the DISTRICT, whereupon SEJPA shall become responsible for all rights and obligations previously held by CITY under the RW Contract, as amended; and WHEREAS, the CITY is responsible for the purveyance of potable and reclaimed water within its service area in accordance with the Water Recycling Act of 1991 (Water Code §§ 13575 et seq.) (the “Act”); and
WHEREAS, the Act encourages retail water suppliers and reclaimed water producers and wholesalers to enter into contracts to facilitate the service of reclaimed water in the most efficient and cost-effective manner; and
WHEREAS, the Act allows a retail water supplier (here, the CITY) to delegate to a reclaimed water producer or wholesaler (here, the SEJPA) its authority to provide reclaimed water to a customer in the retail water supplier’s jurisdiction via a written agreement; and WHEREAS, the SEJPA has the ability to provide reclaimed water to the DISTRICT, a customer in the CITY’s jurisdiction; and

ATTACHMENT B
6 June 2, 2025 Item 8

WHEREAS, the CITY consents to the SEJPA’s provision of reclaimed water service to the DISTRICT and hereby delegates to SEJPA all authority and responsibilities under the Act to provide reclaimed water to the DISTRICT; and
WHEREAS, the Parties, recognizing that the use of reclaimed water is a positive and achievable future means of helping to meet the growing water demands within the CITY and Southern California, and in furtherance of the Statewide goals, findings and declarations set forth in California Water Code Section 13576, and the Act generally, have determined that it is in their mutual best interests for the SEJPA to deliver reclaimed water directly to the DISTRICT pursuant to the terms of the RW Contract.

NOW, THEREFORE, in consideration of the above Recitals and the covenants contained herein, the Parties agree as follows:

AGREEMENT
SECTION 1. CONSENT AND DELEGATION OF AUTHORITY
The CITY hereby consents to the SEJPA’s delivery of reclaimed water directly to the DISTRICT, as set forth more fully herein, and delegates to the SEJPA all authority and responsibility to provide reclaimed water to the DISTRICT, a customer in the CITY’s jurisdiction, as contemplated by Section 13580.5(a)(2) of the Water Code, and the SEJPA hereby accepts this delegation and responsibility.

SECTION 2. NOTICE
Notices required or permitted under this AGREEMENT shall be sufficiently given if provided in writing via both email and personal service, or by both email and deposit in the United States mail, postage prepaid, certified, return receipt requested, addressed to the Parties at the following addresses:

CITY: City of Del Mar
Attention: City Manager
1050 Camino del Mar
Del Mar, CA 92014
Email: [email protected]
SEJPA: San Elijo Joint Powers Authority
Attention: General Manager
2695 Manchester Avenue
Cardiff by the Sea, CA 92007
Email: [email protected]
It shall be the sole responsibility of each Party to this AGREEMENT to promptly notify the other Party of any change of title and/or address of that Party as long as this AGREEMENT remains in effect.

The Parties agree that the attorney for a party listed above shall have the authority to deliver notices to the other Party on such Party’s behalf. 7 June 2, 2025 Item 8

If notice is personally served on a Party in compliance with this Section, it shall be deemed delivered, given and received on the date of service. If notice is mailed to a Party in compliance with this Section, it shall be deemed delivered, given and received upon the earlier of: (i) four (4) calendar days from the date of deposit in the United States mail, or (ii) the date of receipt as indicated on the return receipt.

SECTION 3. AMENDMENTS
This AGREEMENT may not be amended, changed or modified except by a writing duly executed by both Parties hereto.

SECTION 4. ASSIGNMENT
Neither this AGREEMENT nor any interest, right or obligation herein described, nor any monies due or to become due hereunder, shall be assigned, pledged, transferred or otherwise disposed of without the prior written consent of both Parties to this AGREEMENT, which consent shall not be unreasonably withheld.

SECTION 5. EFFECTIVE DATE
This AGREEMENT shall become effective upon the date first written above.

SECTION 6. TERM AND TERMINATION OF AGREEMENT
This AGREEMENT shall terminate upon the mutual written agreement of both Parties.

SECTION 7. BINDING EFFECT
This AGREEMENT shall be binding upon the Parties according to its terms and shall also bind their respective successors in interest and permitted assigns.

SECTION 8. INDEMNIFICATION
Each Party agrees to indemnify, protect and hold the other Party and its directors, agents, officers and employees, harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including to the others’ directors, agents, officers or employees, which arise from or are connected with and are cause or claimed to be caused by the acts or omissions of the other, and its directors, agents, officers and employees performing under this AGREEMENT, and all expenses of investigations and defending against the same; provided, however, that each Party’s duty to indemnify and hold harmless shall not apply to those incidents or claims arising from the sole negligence or willful misconduct of the other Party, its directors, agents, officers and/or employees. To the extent that more than one Party is determined to have been negligent or at fault, the Parties agree that each Party shall bear its own portion or percentage of liability and to indemnity and hold harmless the other Party from that share.

This indemnity Section is not intended by the Parties to waive any legal rights for defenses and immunities and other legal safeguards and protections from liability which are granted to public agencies and their employees under the California Tort Claims Act. The Parties’ indemnification, defense and hold harmless obligations pursuant to this AGREEMENT shall survive the expiration or termination of the AGREEMENT. 8 June 2, 2025 Item 8

SECTION 9. RESERVATION OF RIGHTS; NO VESTED RIGHTS
It is hereby expressly understood and agreed that the CITY by execution of this AGREEMENT and the exercise of the rights granted to it by this AGREEMENT shall not acquire any vested right to reclaimed water, and shall not acquire any vested right, title, or interest in or to the SEJPA’s wastewater treatment facilities, reclaimed water distribution system, or any other SEJPA facilities, other than as expressly authorized under Section 10 of this AGREEMENT. The SEJPA expressly reserves all of its rights except as expressly provided otherwise herein.

SECTION 10. UNRELATED SUPPLY OF RECLAIMED WATER BY SEJPA TO CITY The Parties acknowledge that CITY has a separate reclaimed water meter unrelated to the DISTRICT. To the extent CITY withdraws reclaimed water from SEJPA’s system, CITY shall pay for the volume of reclaimed water received per hundred cubic feet. SEJPA shall directly invoice the CITY monthly for any withdrawal of reclaimed water, retrofit loan payments (as applicable), domestic water used for blending, and any supplemental water delivered to the CITY’s meter. The price of reclaimed water charged (including fixed or meter fees, if any) by the SEJPA to the CITY shall be determined by SEJPA based on a cost-of-service analysis prepared by SEJPA or its retained expert consultants and approved at an open and public meeting. The CITY shall pay SEJPA’s invoice within forty-five (45) days after receipt of the invoice.

SECTION 11. ATTORNEYS’ FEES
If any arbitration proceeding or action at law is brought to enforce or interpret the provisions of this AGREEMENT, the prevailing Party shall be entitled to a reasonable attorneys’ fees and expert witnesses’ fees, which may be set by the Court in the same action brought for that purpose, in addition to any other relief to which a Party may be entitled.

SECTION 12. APPLICABLE LAW
This AGREEMENT is entered into in the State of California and California law shall apply to the interpretation and construction of all of its provisions.

SECTION 13. JURISDICTION, FORUM AND VENUE
The proper jurisdiction, forum and venue for any claims, causes of action or other proceedings concerning this AGREEMENT shall be in the State and Federal courts located in the State of California, County of San Diego. The Parties agree not to bring any action or proceeding arising out of or relating to this AGREEMENT in any other jurisdiction, forum or venue. The Parties hereby submit to personal jurisdiction in the State of California for the enforcement of this AGREEMENT and hereby waive any and all personal rights under the law of any state to object to jurisdiction within the State of California for the purposes of any legal action or proceeding to enforce this AGREEMENT, whether on the grounds of inconvenient forum or otherwise.

SECTION 14. SEVERABILITY
If any non-material provision of this AGREEMENT, or any portion of any such provision, is held to be unenforceable or invalid, the remaining provisions and portions shall nevertheless be carried into effect.
9 June 2, 2025 Item 8

SECTION 15. REMEDIES
All rights and remedies of the Parties are separate and cumulative, and no one of them, whether exercised or not, shall be deemed to be to the exclusion of or to limit or prejudice any other legal or equitable rights or remedies which the Parties may have, except as otherwise expressly limited herein. Subject to the limitations or remedies imposed elsewhere in this AGREEMENT, the Parties shall not be deemed to have waived any of their rights or remedies hereunder, unless such waiver is in writing and signed by the Party to be bound. No delay or omission on the part of any Party in exercising any right or remedy shall operate as a waiver of such right or remedy or any other right or remedy. A waiver on any one occasion shall not be construed as a bar or waiver of any right or remedy on any future occasion. No waiver or any rights under this AGREEMENT shall be binding unless it is in writing signed by the Party waiving such rights.

SECTION 16. NO THIRD-PARTY BENEFICIARY
Unless otherwise expressly stated herein, this AGREEMENT creates rights and duties only between the Parties, and no third-party is or shall be deemed to be or shall have any rights as a third-party beneficiary nor shall any third-party have the right to enforce any provisions of this AGREEMENT.

SECTION 17. COUNTERPARTS
This AGREEMENT may be executed electronically and/or in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same agreement, and the signature of any Party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart.

SECTION 18. FACSIMILE OR ELECTRONIC TRANSMISSION OF SIGNATURES Upon execution of this AGREEMENT by each Party, a photocopied, facsimile and/or electronic transmission of each Party’s signatures may be delivered to the other Party and used in place of original signatures on this AGREEMENT with the same force and effect as if the countersigned originals of this AGREEMENT had been delivered by each Party to the other Party.

The Parties acknowledge and agree that they intend to and shall each be bound by such signatures on the photocopied, facsimile and/or electronic transmission of this AGREEMENT.

The Parties further acknowledge and agree that they are aware that each Party will rely on their respective signatures on the photocopied, facsimile and/or electronic transmission of this AGREEMENT and hereby waive any and all defenses to enforcement of the terms of this AGREEMENT based on the form of signature.

SECTION 19. COOPERATION OF THE PARTIES
In any case where the approval or consent of a Party hereto is required, requested or otherwise to be given under this AGREEMENT, such Party shall not unreasonably delay or withhold its approval or consent.
10 June 2, 2025 Item 8

SECTION 20. CONSTRUING THE CONTRACT
In the event of a dispute under this AGREEMENT, no Party shall be deemed to be the Party who caused the uncertainty to exist, and the prescriptions of Civil Code Section 1654 shall not be applicable to such a dispute under this AGREEMENT.

SECTION 21. ENTIRE AGREEMENT
This AGREEMENT constitutes the entire understanding between the Parties hereto with respect to the subject matter hereof superseding all negotiations, prior discussions and preliminary agreements and understandings, written or oral.

SECTION 22. TERMINATION OF RECYCLED WATER CONTRACT
The Parties agree that this AGREEMENT hereby supersedes and terminates the Agreement for Sale of Reclaimed Water to the City of Del Mar by the San Elijo Joint Powers Authority dated November 5, 1997, as amended.

SECTION 23. INTEGRATION OF RECITALS
The Parties hereby incorporate the Recitals set forth above as though they are set forth in full herein.

IN WITNESS WHEREOF the Parties hereto have caused this AGREEMENT to be executed on as of the date first written above.

SAN ELIJO JOINT POWERS AUTHORITY
By: ________________________________
Michael Thornton, General Manager

CITY OF DEL MAR
By: ________________________________
Ashley Jones, City Manager
11 June 2, 2025 Item 8

FOURTH AMENDMENT TO RECLAIMED WATER SALES AGREEMENT

BETWEEN SAN ELIJO JOINT POWERS AUTHORITY, CITY OF DEL MAR AND 22ND DISTRICT AGRICULTURAL ASSOCIATION
This Fourth Amendment (“Fourth Amendment”) to the Reclaimed Water Sales Agreement (“Agreement”), is made and entered into on this 1st day of July, 2025 (the “Effective Date”), between the San Elijo Joint Powers Authority, a Joint Powers Authority (“SEJPA”), the City of Del Mar, a chartered municipal corporation (“CITY”), and the 22nd District Agricultural Association, a California State Institution (“DISTRICT”). The parties may herein be collectively referred to as the “Parties,” or individually as a “Party.”

RECITALS
WHEREAS, on November 5, 1997, the Parties entered into the Agreement, which established the terms and conditions under which SEJPA produces, and SEJPA and the CITY deliver, reclaimed water to the DISTRICT; and
WHEREAS, on December 15, 2015, the Parties executed a First Amendment to the Agreement, modifying Section 4 of the Agreement to reduce the annual minimum purchase volume, and modifying Section 8 of the Agreement to change the pricing structure to utilize cost of services pricing principles and adjust the cost of reclaimed water to the DISTRICT; and WHEREAS, on December 1, 2020, the Parties executed a Second Amendment to the Agreement to further reduce the annual minimum purchase volume and adjust the cost of reclaimed water being charged to the DISTRICT; and
WHEREAS, on January 23, 2023, the Parties executed a Third Amendment to the Agreement to adjust the annual minimum purchase volumes the CITY and DISTRICT are required to purchase; and
WHEREAS, as set forth in the agreement between SEJPA and the CITY related to the provision of water to the DISTRICT (attached as Exhibit “1” to this Fourth Amendment), the CITY has duly consented to SEJPA’s direct provision of reclaimed water service to the DISTRICT and has delegated to SEJPA authority under the Water Recycling Act of 1991 (California Water Code §§ 13575 et seq.) to provide reclaimed water to the DISTRICT directly, with no rights or obligations of the CITY whatsoever; and
WHEREAS, the Parties now wish to execute this Fourth Amendment to the Agreement in order to reduce further the annual minimum purchase volume and adjust the cost of reclaimed water being charged to the DISTRICT, and to remove the CITY as a party to that Agreement.

NOW, THEREFORE, in consideration of the above recitals, the mutual obligations and agreements contained in this Fourth Amendment, and for other good and valuable consideration, the Parties agree as follows:

AGREEMENT

1. The Parties agree that the CITY shall no longer be a Party to the Agreement, as amended, as of the Effective Date of this Fourth Amendment, and that all rights and obligations of the CITY under the Agreement, as amended, shall be extinguished upon the Effective Date of this Fourth Amendment. Notwithstanding the foregoing, the CITY shall remain subject to all provisions of the

ATTACHMENT C
12 June 2, 2025 Item 8

Agreement and subsequent amendments related to liabilities and indemnity obligations arising out of, relating to or as set forth in the Agreement that occurred before the execution of this Fourth Amendment. Any future amendment, revision, or change to the Agreement shall not require participation, approval, or execution by the CITY.

2. The provisions of this Fourth Amendment shall apply to the sale of reclaimed water by SEJPA directly to the DISTRICT, commencing July 1, 2025 through June 30, 2030, and shall continue thereafter from year to year on the same terms and conditions as provided in this Fourth Amendment unless the Agreement is terminated in accordance with Section 14 of the Agreement, or the Agreement is otherwise amended by the Parties.

3. Commencing on the Effective Date, SEJPA shall supply the DISTRICT with, and the DISTRICT shall accept and purchase from SEJPA, no less than seventy-five (75) acre feet (AF) of reclaimed water annually at the applicable water rate set forth in this Fourth Amendment.

4. In the event the DISTRICT fails to accept the minimum of seventy-five (75) AF of reclaimed water in any fiscal year, for any reason other than SEJPA’s failure to supply such quantity and/or quality of reclaimed water as provided for in the Agreement, as amended, the DISTRICT agrees to pay to SEJPA an amount equal to the difference between the AF accepted by the DISTRICT and the minimum 75 AF of reclaimed water at the applicable reclaimed water rate set forth in this Fourth Amendment, by no later than forty-five (45) calendar days after the end of the applicable fiscal year.

5. SEJPA shall be solely responsible for the installation, operation and maintenance of the reclaimed water flow meter, and meter box. SEJPA shall be solely responsible for maintaining, calibrating, and reading the reclaimed water flow meter on a regular basis, and reporting the reclaimed water delivered to the DISTRICT. DISTRICT shall pay SEJPA a monthly meter fee for these services; which shall be included in SEJPA’s monthly invoice. The monthly meter fee shall be determined by SEJPA based on a cost-of-service analysis prepared by SEJPA, or its retained expert consultants, and approved at an open and public meeting.

6. Section 9 of the Agreement (Terms of Payment) is amended in its entirety to read as follows:
“SEJPA shall directly invoice the District monthly for reclaimed water, retrofit loan payments (as applicable), domestic water used for blending and any supplemental water delivered to the District’s meter at the price established in this Fourth Amendment or any future amendment. The District shall pay SEJPA’s invoice within forty-five (45) days after receipt of the invoice.”

7. Section 8 of the Agreement (Price of Reclaimed Water) is amended in its entirety to read as follows:
“For the period spanning July 1, 2025 through June 30, 2026, and each Fiscal Year thereafter, until or unless otherwise amended by the Parties or terminated by either SEJPA or the District with no less than one (1) years’ written notice, the price of reclaimed water charged by the SEJPA to the District shall be determined by SEJPA based on a cost-of-service analysis prepared by SEJPA or its retained expert consultants and approved at an open and public meeting.”

8. For Fiscal Year 2024-2025 Only: In the event the DISTRICT fails to accept the minimum 13 June 2, 2025 Item 8

eighty-five (85) AF of reclaimed water by June 30, 2025, as currently required by the Third Amendment, the DISTRICT and SEJPA agree that the difference in the amount of reclaimed water between what the DISTRICT accepted and the required minimum 85 AF of reclaimed water (the “Rollover Amount”) shall be rolled forward into the Fiscal Year 2025-2026 obligation. In the event this provision is triggered, the DISTRICT agrees to pay to SEJPA an amount equal to the minimum seventy-five (75) AF of reclaimed water required for Fiscal Year 2025-2026 plus the Rollover Amount pursuant to the same terms set forth in Paragraph 4 of this Fourth Amendment.

For illustrative purposes only: if the DISTRICT accepts only 82 AF of reclaimed water by June 30, 2025, then the DISTRICT must accept a minimum 75 AF of reclaimed water plus (+) the Rollover Amount (3 AF) in Fiscal Year 2025-2026, for a total minimum of 78 AF of reclaimed water for Fiscal Year 2025-2026. In this example, if the DISTRICT fails to accept 78 AF of reclaimed water in Fiscal Year 2025-2026, then the DISTRICT must pay SEJPA an amount equal to the difference between the AF accepted by the DISTRICT and the minimum 78 AF of reclaimed water at the applicable reclaimed water rate set forth in this Fourth Amendment by no later than forty-five (45) days after the end of Fiscal Year 2025-2026 (e.g., by no later than July 30, 2026).

9. Except as expressly provided in this Fourth Amendment, in all other respects the Agreement, First Amendment, Second Amendment, and Third Amendment are hereby republished in their entirety and remain in full force and effect. If any provision of the Agreement, as amended, directly conflicts with a provision of this Fourth Amendment, the terms of this Fourth Amendment shall control.

IN WITNESS WHEREOF, the Parties have caused this Fourth Amendment to be executed on the Effective Date first mentioned above.

SAN ELIJO JOINT POWERS AUTHORITY
By: ________________________________
Michael Thornton, General Manager

CITY OF DEL MAR
By: ________________________________
Ashley Jones, City Manager
22ND DISTRICT AGRICULTURAL

ASSOCIATION
By: ________________________________
Carlene Moore, CEO
14 June 2, 2025 Item 8
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Karen Falk, Principal Engineer
Polly Robertson, Management Analyst
Via Ashley Jones, City Manager
DATE: June 2, 2025
SUBJECT: Fiscal Year 2025-2026 Senate Bill 1 Funding for the City’s Pavement Management Program
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (Attachment A) establishing the list of Fiscal Year (FY) 2025-2026 projects to be funded by Senate Bill 1 (SB1) from the State of California.

BACKGROUND:

The purpose of SB1 is to address the State’s significant multi-modal transportation funding shortfalls. The Road Repair and Accountability Act of 2017 created the State’s Road Maintenance and Rehabilitation Account (RMRA), providing supplemental funding to cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. Funding for SB1 comes from State gas tax and vehicle fees.

SB1 requires cities to develop and adopt by resolution a list of projects proposed to be funded by RMRA. If a city does not submit the list of projects as required each fiscal year, the city forfeits the funding. In addition, the law requires cities to commit additional local funds for street, road, and highway purposes.

Most recently, on June 3, 2024, the City Council adopted Resolution 2024-23 adopting the list of projects that included the FY 2024-2025 Citywide Annual Pavement Rehabilitation Project to receive SB1 funding from the State of California.

DISCUSSION/ANALYSIS:

In FY 2025-2026, the City is projected to receive an estimated $107,007 in RMRA funding (Attachment B). This is an estimate based on projections of tax revenue and is subject to change. Staff proposes to use the funding to supplement pavement rehabilitation costs for areas included in the City’s Pavement Management Program, as shown in the following table.
1 June 2, 2025 Item 9
City Council Agenda Report
SB1 Funding for City’s Pavement Management Program
June 2, 2025

Project Title Project
Description
Project Location(s) Estimated
Project
Construction
Schedule
Estimated
Project
Useful
Life
FY 2025-2026
Citywide
Annual
Pavement
Rehabilitation
Project
City of Del Mar
Pavement
Management
Program
Segments Listed
in the City’s FY
2025-2026
budget
(40.7000.7009)
At various locations in
the City including
Camino del Mar,
Carmel Valley Road,
Coast Boulevard, and
Jimmy Durante
Boulevard
Start: 09/25
Complete:
04/26
25 years
Pavement rehabilitation segments will be advertised for bid later this calendar year as part of a Capital Improvement Program project considered and approved by the City Council during the City’s annual budgeting cycle. This funding will supplement the cost of asphalt overlay and pavement markings.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this item. SB1 funding totaling $107,007 for FY 2025-2026 will be included in the FY 2025-2026 Operating and Capital Budget for Council consideration and adoption on June 16, 2025.

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:

The Annual Pavement Rehabilitation Project is a Tier 1 City Council priority item.

ATTACHMENTS:

Attachment A – Resolution Adopting a list of SB1 Projects for FY 2025-2026 Attachment B – Local Streets and Roads Projected FY 2025-2026 Revenues 2 June 2, 2025 Item 9
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2025-26 FUNDED BY SB1: THE ROAD REPAIR
AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of the City of Del Mar (City) are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) each fiscal year, including a description and location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $107,007 in RMRA funding in Fiscal Year 2025-26 from SB1; and
WHEREAS, this is the ninth year in which the City is receiving SB1 funding, which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and WHEREAS, the City has undergone a public process to solicit public input regarding the community’s transportation priorities/project list; and WHEREAS, the City used a Pavement Management Program to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB1 will help the City maintain and rehabilitate roads and active transportation infrastructure throughout the City this year, as well as many similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in good condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into better condition; and
WHEREAS, the SB1 project list and City’s overall investment in local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete Attachment A
3 June 2, 2025 Item 9
Resolution No. 2025-XX

streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide; and
WHEREAS, all locations listed are an estimate and have yet to be finalized.

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

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in part or solely with Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account (RMRA) revenues:

Project Title Project
Description
Project Location(s) Estimated Project
Construction
Schedule
Estimated
Project
Useful Life
FY 2025-26
Citywide
Annual
Pavement
Rehabilitation
Project
City of Del Mar
Pavement
Management
Program
Segments
Listed in the
City’s FY
2025-2026
budget
(40.7000.7009)
At various
locations in the
City including
Camino del Mar,
Carmel Valley
Road, Coast
Boulevard, and
Jimmy Durante
Boulevard
Start: 09/25
Complete: 04/26
25 years
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 2nd day of June 2025. ________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
4 June 2, 2025 Item 9
Resolution No. 2025-XX

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2025-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 2nd day of June, 2025, by the following vote:

AYES:

NOES:

RECUSE
ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

ALAMEDA COUNTY
ALAMEDA 2,049,902 2,217,736 4,267,638 2,221,654 2,123,257 4,344,911 ALBANY 553,573 605,375 1,158,948 606,433 573,383 1,179,816 BERKELEY 3,335,402 3,603,271 6,938,674 3,609,646 3,454,759 7,064,405 DUBLIN 1,946,906 2,106,925 4,053,832 2,110,646 2,016,576 4,127,222 EMERYVILLE 348,131 382,345 730,475 383,010 360,588 743,598 FREMONT 6,016,720 6,488,030 12,504,750 6,499,530 6,232,026 12,731,556 HAYWARD 4,288,983 4,629,204 8,918,187 4,637,402 4,442,463 9,079,865 LIVERMORE 2,294,802 2,481,217 4,776,018 2,485,603 2,376,921 4,862,523 NEWARK 1,240,735 1,345,674 2,586,409 1,348,046 1,285,134 2,633,180 OAKLAND 11,325,830 12,199,962 23,525,791 12,221,609 11,731,121 23,952,730 PIEDMONT 294,632 324,787 619,420 325,350 305,176 630,526 PLEASANTON 2,086,692 2,257,317 4,344,009 2,261,305 2,161,364 4,422,669 SAN LEANDRO 2,377,455 2,570,141 4,947,596 2,574,685 2,462,531 5,037,216 UNION CITY 1,832,746 1,984,103 3,816,848 1,987,606 1,898,330 3,885,935 County of Alameda 25,500,520 30,655,718 56,156,238 30,679,958 26,413,048 57,093,006 Total Cities & County: Alameda 65,493,029 73,851,804 139,344,834 73,952,483 67,836,677 141,789,160

ALPINE COUNTY
County of Alpine 495,224 630,369 1,125,593 627,980 512,946 1,140,926

AMADOR COUNTY
AMADOR 5,230 11,658 16,888 11,670 5,417 17,087
IONE 231,564 266,200 497,764 266,717 239,851 506,567
JACKSON 131,549 154,163 285,712 154,456 136,257 290,713 PLYMOUTH 27,900 37,053 64,953 37,116 28,898 66,014
SUTTER CREEK 69,135 83,245 152,380 83,399 71,609 155,008 County of Amador 2,522,682 2,455,667 4,978,349 2,453,107 2,612,956 5,066,063 Total Cities & County: Amador 2,988,059 3,007,986 5,996,045 3,006,465 3,094,986 6,101,451

BUTTE COUNTY
BIGGS 51,328 61,744 113,072 61,847 53,165 115,012
CHICO 2,865,502 3,138,006 6,003,508 3,143,774 2,968,043 6,111,817 GRIDLEY 191,558 215,586 407,144 215,971 198,413 414,384 OROVILLE 523,190 579,042 1,102,231 580,095 541,912 1,122,007 PARADISE 279,545 313,628 593,173 317,105 289,549 606,654 County of Butte 8,324,844 7,912,878 16,237,722 7,904,083 8,622,746 16,526,829 Total Cities & County: Butte 12,235,967 12,220,884 24,456,850 12,222,876 12,673,827 24,896,703 May 2025 CaliforniaCityFinance.com Page 1 of 21

ATTACHMENT B
6 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

CALAVERAS COUNTY
ANGELS CAMP 95,491 120,652 216,143 120,922 98,909 219,831 County of Calaveras 3,822,692 3,683,611 7,506,303 3,679,051 3,959,486 7,638,537 Total City & County: Calaveras 3,918,183 3,804,263 7,722,446 3,799,973 4,058,395 7,858,368

COLUSA COUNTY
COLUSA 168,574 182,006 350,581 182,284 174,607 356,891
WILLIAMS 144,963 157,466 302,429 157,705 150,150 307,855 County of Colusa 2,939,695 2,465,902 5,405,597 2,456,777 3,044,891 5,501,668 Total Cities & County: Colusa 3,253,232 2,805,375 6,058,607 2,796,766 3,369,648 6,166,414

CONTRA COSTA COUNTY
ANTIOCH 3,023,512 3,296,207 6,319,719 3,302,191 3,131,708 6,433,899 BRENTWOOD 1,694,659 1,851,508 3,546,167 1,854,862 1,755,302 3,610,164 CLAYTON 289,298 321,774 611,073 322,347 299,651 621,998 CONCORD 3,282,061 3,576,809 6,858,870 3,583,305 3,399,509 6,982,814 DANVILLE 1,141,792 1,249,983 2,391,775 1,252,243 1,182,651 2,434,894 EL CERRITO 679,291 748,033 1,427,324 749,377 703,600 1,452,977 HERCULES 681,488 750,416 1,431,904 751,765 705,875 1,457,640 LAFAYETTE 664,806 732,311 1,397,117 733,627 688,595 1,422,222 MARTINEZ 981,559 1,076,082 2,057,641 1,078,025 1,016,684 2,094,709 MORAGA 452,434 499,825 952,259 500,720 468,624 969,344
OAKLEY 1,195,892 1,308,697 2,504,589 1,311,064 1,238,686 2,549,751 ORINDA 510,430 562,767 1,073,197 563,778 528,695 1,092,473 PINOLE 495,107 546,138 1,041,245 547,118 512,824 1,059,942 PITTSBURG 1,993,659 2,176,010 4,169,669 2,179,956 2,065,001 4,244,957 PLEASANT HILL 902,410 990,182 1,892,592 991,968 934,702 1,926,671 RICHMOND 3,030,520 3,303,812 6,334,332 3,309,811 3,138,966 6,448,777 SAN PABLO 842,087 924,714 1,766,801 926,381 872,221 1,798,602 SAN RAMON 2,212,070 2,413,052 4,625,122 2,417,430 2,291,229 4,708,659 WALNUT CREEK 1,838,341 2,007,445 3,845,786 2,011,084 1,904,126 3,915,209 County of Contra Costa 21,591,547 26,185,410 47,776,957 26,206,975 22,364,194 48,571,169 Total Cities & County: Contra Costa 47,502,963 54,521,176 102,024,139 54,594,027 49,202,843 103,796,870 May 2025 CaliforniaCityFinance.com Page 2 of 21
7 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

DEL NORTE COUNTY
CRESCENT CITY 176,026 192,570 368,596 192,880 182,325 375,205 County of Del Norte 1,506,193 1,345,997 2,852,190 1,343,671 1,560,092 2,903,763 Total City & County: Del Norte 1,682,219 1,538,567 3,220,786 1,536,551 1,742,417 3,278,968

EL DORADO COUNTY
PLACERVILLE 282,918 340,234 623,153 341,384 293,042 634,427 SOUTH LAKE TAHOE 560,189 2,544,677 3,104,866 2,199,507 580,235 2,779,742 County of El Dorado 8,053,365 9,694,189 17,747,554 9,689,799 8,341,552 18,031,351 Total Cities & County: El Dorado 8,896,472 12,579,101 21,475,573 12,230,691 9,214,829 21,445,520

FRESNO COUNTY
CLOVIS 3,298,090 3,528,716 6,826,806 3,534,772 3,416,111 6,950,882 COALINGA 471,652 511,317 982,970 512,183 488,530 1,000,714 FIREBAUGH 220,033 241,232 461,265 241,636 227,907 469,543 FOWLER 192,630 212,036 404,666 212,390 199,523 411,913
FRESNO 14,302,041 15,262,765 29,564,806 15,289,024 14,813,835 30,102,859 HURON 165,986 183,648 349,633 183,953 171,925 355,878
KERMAN 451,205 489,532 940,737 490,360 467,351 957,711
KINGSBURG 341,018 371,135 712,153 371,761 353,222 724,983 MENDOTA 329,069 358,403 687,472 359,007 340,845 699,852 ORANGE COVE 251,463 274,718 526,181 275,180 260,461 535,641 PARLIER 380,894 413,619 794,513 414,319 394,524 808,843 REEDLEY 670,767 725,462 1,396,230 726,694 694,771 1,421,464SANGER 694,823 751,092 1,445,916 752,368 719,687 1,472,055SAN JOAQUIN 96,694 108,822 205,516 108,999 100,154 209,154 SELMA 646,188 698,275 1,344,463 699,461 669,312 1,368,773 County of Fresno 28,264,725 28,146,978 56,411,703 28,127,672 29,276,170 57,403,842 Total Cities & County: Fresno 50,777,279 52,277,751 103,055,029 52,299,778 52,594,329 104,894,107

GLENN COUNTY
ORLAND 223,223 242,988 466,211 243,386 231,211 474,597
WILLOWS 167,215 183,727 350,941 184,025 173,198 357,223 County of Glenn 3,596,329 3,016,280 6,612,609 3,005,116 3,725,023 6,730,139 Total Cities & County: Glenn 3,986,767 3,442,995 7,429,762 3,432,527 4,129,432 7,561,959 May 2025 CaliforniaCityFinance.com Page 3 of 21
8 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

HUMBOLDT COUNTY
ARCATA 484,962 540,962 1,025,923 541,964 502,316 1,044,279 BLUE LAKE 31,508 40,375 71,883 40,440 32,635 73,075
EUREKA 705,256 784,697 1,489,953 786,154 730,494 1,516,647 FERNDALE 36,450 45,797 82,247 45,873 37,754 83,627
FORTUNA 327,631 367,318 694,949 367,995 339,355 707,350 RIO DELL 88,641 103,068 191,709 103,251 91,813 195,064
TRINIDAD 8,027 14,609 22,636 14,625 8,315 22,940
County of Humboldt 6,756,656 6,147,487 12,904,143 6,138,219 6,998,441 13,136,660 Total Cities & County: Humboldt 8,439,131 8,044,312 16,483,443 8,038,520 8,741,122 16,779,643

IMPERIAL COUNTY
BRAWLEY 741,157 817,771 1,558,928 819,257 767,679 1,586,936 CALEXICO 1,026,612 1,128,574 2,155,186 1,130,632 1,063,349 2,193,981 CALIPATRIA 170,849 192,820 363,670 193,163 176,963 370,126 EL CENTRO 1,175,392 1,290,566 2,465,958 1,292,922 1,217,453 2,510,375 HOLTVILLE 145,983 165,746 311,729 166,039 151,207 317,245 IMPERIAL 578,937 640,146 1,219,082 641,306 599,654 1,240,960 WESTMORLAND 53,603 64,163 117,766 64,270 55,521 119,791 County of Imperial 12,791,525 10,559,456 23,350,981 10,535,273 13,249,266 23,784,539 Total Cities & County: Imperial 16,684,057 14,859,242 31,543,299 14,842,862 17,281,091 32,123,953

INYO COUNTY
BISHOP 100,799 116,199 216,998 116,405 104,407 220,812
County of Inyo 4,211,395 3,582,110 7,793,505 3,568,445 4,362,099 7,930,544 Total City & County: Inyo 4,312,194 3,698,309 8,010,503 3,684,850 4,466,506 8,151,356 May 2025 CaliforniaCityFinance.com Page 4 of 21
9 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

KERN COUNTY
ARVIN 516,705 547,531 1,064,236 548,395 535,195 1,083,590 BAKERSFIELD 10,749,560 11,222,598 21,972,158 11,240,565 11,134,230 22,374,795 CALIFORNIA CITY 392,686 418,226 810,912 418,882 406,739 825,621 DELANO 1,372,337 1,443,137 2,815,474 1,445,431 1,421,445 2,866,876 MARICOPA 26,828 33,771 60,599 33,816 27,788 61,604
MCFARLAND 370,879 394,489 765,368 395,109 384,151 779,260 RIDGECREST 730,567 772,510 1,503,077 773,731 756,710 1,530,441 SHAFTER 581,159 615,733 1,196,892 616,704 601,956 1,218,660TAFT 224,112 240,466 464,578 240,840 232,132 472,972 TEHACHAPI 340,992 363,328 704,321 363,898 353,195 717,093 WASCO 708,943 749,964 1,458,907 751,149 734,312 1,485,461 County of Kern 25,987,512 26,433,504 52,421,016 26,420,038 26,917,468 53,337,506 Total Cities & County: Kern 42,002,280 43,235,258 85,237,538 43,248,559 43,505,320 86,753,879

KINGS COUNTY
AVENAL 365,571 389,332 754,903 389,946 378,653 768,599
CORCORAN 565,653 600,150 1,165,804 601,100 585,895 1,186,995 HANFORD 1,550,193 1,630,176 3,180,369 1,632,778 1,605,667 3,238,445 LEMOORE 706,825 748,485 1,455,310 749,672 732,119 1,481,791 County of Kings 5,353,585 4,802,925 10,156,510 4,795,499 5,545,162 10,340,661 Total Cities & County: Kings 8,541,828 8,171,068 16,712,896 8,168,995 8,847,495 17,016,490

LAKE COUNTY
CLEARLAKE 441,112 480,816 921,928 481,640 456,897 938,537 LAKEPORT 130,268 145,194 275,462 145,438 134,930 280,367 County of Lake 3,748,717 3,597,422 7,346,139 3,593,841 3,882,864 7,476,705 Total Cities & County: Lake 4,320,097 4,223,432 8,543,529 4,220,919 4,474,690 8,695,610

LASSEN COUNTY
SUSANVILLE 424,456 483,293 907,749 487,943 439,645 927,588 County of Lassen 3,610,088 3,194,958 6,805,046 3,183,594 3,739,274 6,922,868 Total City & County: Lassen 4,034,544 3,678,251 7,712,795 3,671,537 4,178,919 7,850,456 May 2025 CaliforniaCityFinance.com Page 5 of 21
10 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

LOS ANGELES COUNTY
AGOURA HILLS 529,021 580,346 1,109,366 581,367 547,951 1,129,318 ALHAMBRA 2,160,350 2,342,226 4,502,576 2,346,396 2,237,658 4,584,054 ARCADIA 1,487,203 1,616,241 3,103,444 1,619,112 1,540,423 3,159,534 ARTESIA 428,744 471,198 899,942 472,026 444,087 916,112 AVALON 90,027 102,893 192,920 103,067 93,248 196,315
AZUSA 1,313,896 1,429,330 2,743,227 1,431,866 1,360,914 2,792,780 BALDWIN PARK 1,883,577 2,043,727 3,927,304 2,047,363 1,950,980 3,998,343 BELL 892,526 973,385 1,865,911 975,107 924,465 1,899,572 BELLFLOWER 2,061,904 2,236,052 4,297,957 2,240,032 2,135,689 4,375,721 BELL GARDENS 1,032,599 1,124,453 2,157,052 1,126,446 1,069,551 2,195,997 BEVERLY HILLS 855,004 932,917 1,787,921 934,568 885,600 1,820,168 BRADBURY 24,056 31,744 55,800 31,791 24,917 56,707
BURBANK 2,802,277 3,037,040 5,839,317 3,042,449 2,902,555 5,945,005 CALABASAS 607,281 664,749 1,272,030 665,921 629,012 1,294,933 CARSON 2,453,048 2,657,899 5,110,947 2,662,634 2,540,829 5,203,463 CERRITOS 1,290,677 1,402,789 2,693,466 1,405,280 1,336,864 2,742,144 CLAREMONT 1,002,346 1,091,825 2,094,172 1,093,760 1,038,215 2,131,975 COMMERCE 323,578 356,777 680,355 357,402 335,157 692,559 COMPTON 2,512,560 2,722,082 5,234,642 2,726,932 2,602,471 5,329,403 COVINA 1,341,378 1,458,969 2,800,346 1,461,558 1,389,379 2,850,936 CUDAHY 595,462 652,002 1,247,464 653,152 616,770 1,269,922 CULVER CITY 1,057,283 1,151,074 2,208,357 1,153,115 1,095,117 2,248,232 DIAMOND BAR 1,436,948 1,562,040 2,998,988 1,564,814 1,488,368 3,053,182 DOWNEY 2,978,695 3,227,307 6,206,002 3,233,056 3,085,287 6,318,343 DUARTE 618,550 676,903 1,295,453 678,097 640,685 1,318,782 EL MONTE 2,853,971 3,092,792 5,946,763 3,098,301 2,956,099 6,054,400 EL SEGUNDO 452,695 497,030 949,725 497,903 468,895 966,798 GARDENA 1,592,526 1,729,831 3,322,358 1,732,905 1,649,515 3,382,420 GLENDALE 5,122,285 5,539,157 10,661,441 5,549,044 5,305,584 10,854,628 GLENDORA 1,372,860 1,492,922 2,865,781 1,495,572 1,421,987 2,917,558 HAWAIIAN GARDENS 364,656 401,080 765,736 401,783 377,705 779,489 HAWTHORNE 2,300,763 2,493,661 4,794,424 2,498,102 2,383,096 4,881,198 HERMOSA BEACH 515,371 564,625 1,079,997 565,620 533,814 1,099,434 HIDDEN HILLS 45,157 54,502 99,659 54,589 46,773 101,362 HUNTINGTON PARK 1,430,646 1,555,244 2,985,890 1,558,005 1,481,841 3,039,847 INDUSTRY 11,270 17,954 29,224 17,976 11,673 29,649
May 2025 CaliforniaCityFinance.com Page 6 of 21
11 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct
INGLEWOOD 2,837,315 3,074,828 5,912,143 3,080,305 2,938,847 6,019,152 IRWINDALE 39,222 48,100 87,322 48,176 40,625 88,801
LA CANADA FLINTRIDGE 537,100 589,060 1,126,160 590,096 556,320 1,146,417 LA HABRA HEIGHTS 147,839 166,244 314,083 166,529 153,130 319,659 LAKEWOOD 2,151,774 2,332,976 4,484,750 2,337,130 2,228,774 4,565,904 LA MIRADA 1,289,318 1,401,322 2,690,640 1,403,811 1,335,455 2,739,266 LANCASTER 4,577,863 4,952,001 9,529,864 4,960,837 4,741,681 9,702,518 LA PUENTE 993,822 1,082,632 2,076,454 1,084,550 1,029,386 2,113,936 LA VERNE 847,970 925,331 1,773,302 926,968 878,315 1,805,283 LAWNDALE 830,922 906,945 1,737,867 908,549 860,656 1,769,205 LOMITA 547,298 600,058 1,147,356 601,114 566,883 1,167,997 LONG BEACH 12,139,965 13,107,687 25,247,652 13,131,120 12,574,390 25,705,510 LOS ANGELES 101,937,802 109,964,172 211,901,974 110,160,935 105,585,616 215,746,552 LYNWOOD 1,792,478 1,945,478 3,737,956 1,948,938 1,856,621 3,805,559 MALIBU 280,722 310,557 591,279 311,099 290,767 601,866
MANHATTAN BEACH 927,250 1,010,834 1,938,085 1,012,624 960,432 1,973,056 MAYWOOD 657,040 719,414 1,376,454 720,682 680,552 1,401,234 MONROVIA 995,888 1,084,860 2,080,748 1,086,782 1,031,526 2,118,308 MONTEBELLO 1,638,311 1,779,210 3,417,521 1,782,372 1,696,938 3,479,310 MONTEREY PARK 1,597,285 1,734,964 3,332,249 1,738,047 1,654,444 3,392,491 NORWALK 2,704,040 2,931,092 5,635,132 2,936,312 2,800,803 5,737,115 PALMDALE 4,426,311 4,788,553 9,214,864 4,797,097 4,584,705 9,381,802 PALOS VERDES ESTATES 349,124 384,329 733,453 385,003 361,618 746,620 PARAMOUNT 1,398,040 1,520,078 2,918,118 1,522,777 1,448,068 2,970,845 PASADENA 3,660,628 3,962,767 7,623,395 3,969,833 3,791,622 7,761,455 PICO RIVERA 1,624,610 1,764,433 3,389,043 1,767,569 1,682,746 3,450,315 POMONA 3,995,109 4,323,504 8,318,613 4,331,215 4,138,073 8,469,288 RANCHO PALOS VERDES 1,103,669 1,201,101 2,304,770 1,203,231 1,143,163 2,346,395 REDONDO BEACH 1,836,119 1,992,544 3,828,663 1,996,088 1,901,824 3,897,912 ROLLING HILLS (2)ROLLING HILLS ESTATES 223,145 247,460 470,605 247,891 231,130 479,021 ROSEMEAD 1,335,861 1,453,018 2,788,879 1,455,597 1,383,664 2,839,261 SAN DIMAS 909,993 992,222 1,902,215 993,979 942,557 1,936,535 SAN FERNANDO 618,550 676,903 1,295,453 678,097 640,685 1,318,782 SAN GABRIEL 1,031,580 1,123,353 2,154,933 1,125,344 1,068,494 2,193,839 SAN MARINO 328,102 361,656 689,757 362,289 339,843 702,132 SANTA CLARITA 6,025,165 6,512,908 12,538,074 6,524,538 6,240,774 12,765,312 May 2025 CaliforniaCityFinance.com Page 7 of 21
12 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct
SANTA FE SPRINGS 490,740 538,061 1,028,801 539,008 508,301 1,047,309 SANTA MONICA 2,438,928 2,642,671 5,081,599 2,647,378 2,526,204 5,173,583 SIERRA MADRE 292,227 322,965 615,192 323,529 302,684 626,213 SIGNAL HILL 307,471 339,406 646,877 339,999 318,474 658,473 SOUTH EL MONTE 510,822 559,718 1,070,540 560,704 529,101 1,089,806 SOUTH GATE 2,424,651 2,627,273 5,051,925 2,631,954 2,511,417 5,143,370 SOUTH PASADENA 704,838 770,964 1,475,802 772,324 730,060 1,502,384 TEMPLE CITY 955,490 1,041,291 1,996,780 1,043,135 989,682 2,032,817 TORRANCE 3,839,007 4,155,149 7,994,156 4,162,559 3,976,385 8,138,944 VERNON 5,517 11,750 17,267 11,761 5,715 17,475
WALNUT 743,379 812,531 1,555,910 813,966 769,981 1,583,947 WEST COVINA 2,865,136 3,104,833 5,969,969 3,110,364 2,967,664 6,078,028 WEST HOLLYWOOD 933,133 1,017,179 1,950,313 1,018,981 966,525 1,985,506 WESTLAKE VILLAGE 212,973 236,490 449,463 236,901 220,594 457,496 WHITTIER 2,296,528 2,489,093 4,785,620 2,493,525 2,378,708 4,872,234 County of Los Angeles 155,364,746 185,966,943 341,331,689 186,108,299 160,924,428 347,032,727 Total Cities & County: Los Angeles 390,564,003 440,593,679 831,157,682 441,189,023 404,540,222 845,729,245 May 2025 CaliforniaCityFinance.com Page 8 of 21
13 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

MADERA COUNTY
CHOWCHILLA 503,866 528,820 1,032,686 529,623 521,897 1,051,521 MADERA 1,740,392 1,808,486 3,548,878 1,811,262 1,802,671 3,613,934 County of Madera 7,999,306 7,106,206 15,105,512 7,094,469 8,285,559 15,380,028 Total Cities & County: Madera 10,243,564 9,443,512 19,687,076 9,435,355 10,610,127 20,045,482

MARIN COUNTY
BELVEDERE 55,538 66,585 122,123 66,699 57,525 124,224
CORTE MADERA 266,994 300,022 567,017 300,568 276,549 577,117 FAIRFAX 198,592 224,157 422,748 224,563 205,698 430,261 LARKSPUR 342,012 382,128 724,140 382,828 354,251 737,079 MILL VALLEY 369,493 412,206 781,700 412,962 382,716 795,678 NOVATO 1,390,169 1,533,825 2,923,994 1,536,668 1,439,916 2,976,585 ROSS 61,081 72,653 133,734 72,777 63,267 136,044
SAN ANSELMO 334,299 373,686 707,984 374,370 346,261 720,631 SAN RAFAEL 1,610,621 1,775,106 3,385,727 1,778,401 1,668,256 3,446,657 SAUSALITO 186,146 210,534 396,680 210,915 192,807 403,722 TIBURON 238,807 268,172 506,979 268,660 247,353 516,013 County of Marin 5,840,955 6,475,238 12,316,193 6,476,315 6,049,972 12,526,287 Total Cities & County: Marin 10,894,707 12,094,312 22,989,018 12,105,727 11,284,571 23,390,298

MARIPOSA COUNTY
County of Mariposa 2,401,556 2,094,623 4,496,179 2,087,509 2,487,495 4,575,004

MENDOCINO COUNTY
FORT BRAGG 187,714 212,104 399,818 212,486 194,432 406,918 POINT ARENA 12,028 18,955 30,983 18,980 12,458 31,438
UKIAH 434,104 483,581 917,685 484,466 449,639 934,105
WILLITS 129,353 147,273 276,626 147,537 133,982 281,519 County of Mendocino 5,521,049 5,004,820 10,525,869 4,997,228 5,718,618 10,715,846 Total Cities & County: Mendocino 6,284,248 5,866,732 12,150,981 5,860,697 6,509,128 12,369,826

MERCED COUNTY
ATWATER 830,373 883,674 1,714,047 885,113 860,088 1,745,201 DOS PALOS 151,526 166,082 317,608 166,344 156,948 323,292 GUSTINE 158,952 173,888 332,840 174,163 164,640 338,803 LIVINGSTON 373,546 400,465 774,012 401,113 386,913 788,026 LOS BANOS 1,239,898 1,314,160 2,554,059 1,316,309 1,284,268 2,600,577 MERCED 2,401,328 2,536,535 4,937,862 2,540,697 2,487,258 5,027,955 County of Merced 10,682,331 9,828,791 20,511,122 9,815,978 11,064,595 20,880,573 Total Cities & County: Merced 15,837,954 15,303,595 31,141,549 15,299,717 16,404,711 31,704,428 May 2025 CaliforniaCityFinance.com Page 9 of 21
14 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

MODOC COUNTY
ALTURAS 71,122 82,159 153,281 83,858 73,667 157,524
County of Modoc 3,540,021 3,020,841 6,560,862 3,008,787 3,666,700 6,675,487 Total City & County: Modoc 3,611,143 3,103,000 6,714,143 3,092,645 3,740,367 6,833,011

MONO COUNTY
MAMMOTH LAKES 188,786 3,233,593 3,422,379 2,229,841 195,542 2,425,383 County of Mono 2,597,031 2,339,816 4,936,847 2,330,988 2,689,965 5,020,953 Total City & County: Mono 2,785,817 5,573,409 8,359,226 4,560,829 2,885,507 7,446,336

MONTEREY COUNTY
CARMEL-BY-THE-SEA 82,836 92,511 175,347 92,652 85,800 178,453 DEL REY OAKS 41,287 49,019 90,306 49,089 42,765 91,854
GONZALES 223,511 240,768 464,278 241,148 231,509 472,657 GREENFIELD 537,623 571,576 1,109,199 572,491 556,862 1,129,353 KING CITY 371,716 396,907 768,623 397,539 385,018 782,557 MARINA 593,422 630,986 1,224,408 631,996 614,658 1,246,653 MONTEREY 744,530 790,163 1,534,693 791,430 771,173 1,562,603 PACIFIC GROVE 391,640 417,764 809,404 418,430 405,655 824,085 SALINAS 4,236,897 4,449,922 8,686,819 4,457,131 4,388,513 8,845,644 SAND CITY 9,910 16,174 26,084 16,190 10,265 26,455
SEASIDE 855,841 906,682 1,762,523 908,138 886,467 1,794,605 SOLEDAD 720,370 764,872 1,485,242 766,098 746,148 1,512,246 County of Monterey 11,872,855 12,559,100 24,431,955 12,556,767 12,297,721 24,854,488 Total Cities & County: Monterey 20,682,438 21,886,444 42,568,882 21,899,099 21,422,552 43,321,652

NAPA COUNTY
AMERICAN CANYON 568,922 609,420 1,178,342 610,417 589,281 1,199,698 CALISTOGA 136,936 151,124 288,060 151,364 141,836 293,200 NAPA 2,037,430 2,159,666 4,197,096 2,163,238 2,110,339 4,273,577 SAINT HELENA 141,093 155,506 296,599 155,754 146,142 301,896 YOUNTVILLE 78,051 88,062 166,113 88,199 80,844 169,043
County of Napa 4,084,595 4,381,264 8,465,859 4,380,738 4,230,761 8,611,499 Total Cities & County: Napa 7,047,026 7,545,043 14,592,070 7,549,711 7,299,202 14,848,913

NEVADA COUNTY
GRASS VALLEY 355,870 455,727 811,597 456,876 368,605 825,481 NEVADA CITY 87,543 129,988 217,531 121,871 90,675 212,546 TRUCKEE 438,706 2,848,337 3,287,044 2,496,207 454,405 2,950,613 County of Nevada 4,302,020 4,605,106 8,907,126 4,602,578 4,455,967 9,058,545 Total Cities & County: Nevada 5,184,139 8,039,158 13,223,297 7,677,532 5,369,653 13,047,185 May 2025 CaliforniaCityFinance.com Page 10 of 21
15 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

ORANGE COUNTY
ALISO VIEJO 1,354,295 1,497,644 2,851,939 1,500,437 1,402,758 2,903,194 ANAHEIM 9,056,496 9,947,655 19,004,151 9,966,330 9,380,580 19,346,910 BREA 1,247,900 1,379,454 2,627,353 1,382,027 1,292,555 2,674,582 BUENA PARK 2,201,925 2,427,296 4,629,221 2,431,837 2,280,720 4,712,557 COSTA MESA 2,941,592 3,241,037 6,182,629 3,247,103 3,046,856 6,293,958 CYPRESS 1,316,668 1,456,377 2,773,045 1,459,092 1,363,785 2,822,876 DANA POINT 866,509 961,157 1,827,667 962,944 897,517 1,860,461 FOUNTAIN VALLEY 1,493,714 1,650,555 3,144,269 1,653,635 1,547,166 3,200,801 FULLERTON 3,762,028 4,140,864 7,902,892 4,148,622 3,896,651 8,045,273 GARDEN GROVE 4,496,021 4,945,882 9,441,903 4,955,153 4,656,910 9,612,063 HUNTINGTON BEACH 5,185,745 5,702,348 10,888,093 5,713,041 5,371,316 11,084,357 IRVINE 8,224,763 9,035,439 17,260,202 9,052,399 8,519,084 17,571,483 LAGUNA BEACH 601,084 669,048 1,270,132 670,287 622,593 1,292,881 LAGUNA HILLS 820,228 910,398 1,730,625 912,089 849,579 1,761,668 LAGUNA NIGUEL 1,686,344 1,861,825 3,548,169 1,865,302 1,746,690 3,611,992 LAGUNA WOODS 463,965 517,661 981,626 518,618 480,568 999,186 LA HABRA 1,640,429 1,811,466 3,451,896 1,814,849 1,699,131 3,513,981 LAKE FOREST 2,272,681 2,504,899 4,777,579 2,509,585 2,354,008 4,863,593 LA PALMA 407,198 455,401 862,600 456,241 421,770 878,011 LOS ALAMITOS 312,387 350,415 662,802 351,059 323,565 674,625 MISSION VIEJO 2,447,426 2,696,553 5,143,979 2,701,600 2,535,006 5,236,606 NEWPORT BEACH 2,225,066 2,452,676 4,677,742 2,457,264 2,304,689 4,761,953 ORANGE 3,678,800 4,049,582 7,728,382 4,057,168 3,810,445 7,867,613 PLACENTIA 1,365,590 1,510,033 2,875,623 1,512,849 1,414,458 2,927,307 RANCHO SANTA MARGARITA 1,252,868 1,384,902 2,637,770 1,387,486 1,297,701 2,685,187 SAN CLEMENTE 1,676,147 1,850,641 3,526,787 1,854,097 1,736,127 3,590,224 SAN JUAN CAPISTRANO 914,961 1,014,298 1,929,258 1,016,184 947,702 1,963,887 SANTA ANA 8,126,631 8,927,811 17,054,441 8,944,568 8,417,440 17,362,008 SEAL BEACH 661,485 736,294 1,397,779 737,658 685,156 1,422,814 STANTON 1,053,674 1,166,434 2,220,108 1,168,607 1,091,380 2,259,987 TUSTIN 2,100,760 2,316,341 4,417,101 2,320,673 2,175,935 4,496,608 VILLA PARK 153,199 174,824 328,023 175,140 158,682 333,821 WESTMINSTER 2,377,716 2,620,098 4,997,814 2,625,001 2,462,802 5,087,803 YORBA LINDA 1,779,273 1,963,746 3,743,020 1,967,415 1,842,944 3,810,359 County of Orange 55,811,536 68,840,105 124,651,641 68,906,686 57,808,735 126,715,421 Total Cities & County: Orange 135,977,104 157,171,157 293,148,261 157,403,045 140,843,005 298,246,050 May 2025 CaliforniaCityFinance.com Page 11 of 21
16 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

PLACER COUNTY
AUBURN 359,976 401,898 761,874 402,635 372,857 775,492
COLFAX 52,269 63,024 115,293 64,470 54,140 118,610
LINCOLN 1,391,869 1,536,105 2,927,974 1,538,956 1,441,677 2,980,632 LOOMIS 177,987 201,659 379,647 202,024 184,357 386,380
ROCKLIN 1,872,412 2,062,199 3,934,611 2,066,033 1,939,415 4,005,449 ROSEVILLE 4,035,350 4,432,665 8,468,015 4,440,928 4,179,754 8,620,682 County of Placer 12,202,456 14,985,974 27,188,430 14,987,113 12,639,118 27,626,231 Total Cities & County: Placer 20,092,319 23,683,524 43,775,843 23,702,159 20,811,318 44,513,477

PLUMAS COUNTY
PORTOLA 55,198 182,830 238,028 214,027 57,173 271,200
County of Plumas 2,895,396 2,910,675 5,806,071 2,902,011 2,999,007 5,901,018 Total City & County: Plumas 2,950,594 3,093,505 6,044,099 3,116,038 3,056,180 6,172,218

RIVERSIDE COUNTY
BANNING 816,149 904,541 1,720,690 906,214 845,354 1,751,568 BEAUMONT 1,501,297 1,656,328 3,157,625 1,659,405 1,555,021 3,214,426 BLYTHE 491,002 546,482 1,037,484 547,489 508,572 1,056,061 CALIMESA 284,147 318,962 603,109 319,544 294,315 613,859 CANYON LAKE 289,194 324,488 613,682 325,081 299,542 624,623 CATHEDRAL CITY 1,341,875 1,481,749 2,823,623 1,484,499 1,389,893 2,874,392 COACHELLA 1,128,875 1,246,999 2,375,874 1,249,313 1,169,272 2,418,585 CORONA 4,096,562 4,500,829 8,597,391 4,509,226 4,243,157 8,752,383 DESERT HOT SPRINGS 853,827 945,802 1,799,630 947,552 884,381 1,831,934 EASTVALE 1,822,103 2,007,634 3,829,737 2,011,369 1,887,307 3,898,676 HEMET 2,344,482 2,579,676 4,924,159 2,584,482 2,428,379 5,012,861 INDIAN WELLS 125,431 143,155 268,586 143,413 129,919 273,332 INDIO 2,371,075 2,608,797 4,979,871 2,613,657 2,455,923 5,069,580 JURUPA VALLEY 2,740,307 3,015,632 5,755,938 3,021,249 2,838,368 5,859,617 LAKE ELSINORE 1,868,306 2,058,229 3,926,536 2,062,059 1,935,163 3,997,222 LA QUINTA 1,003,288 1,109,472 2,112,760 1,111,529 1,039,190 2,150,719 MENIFEE 2,917,039 3,209,166 6,126,205 3,215,146 3,021,424 6,236,570 MORENO VALLEY 5,440,529 5,972,568 11,413,097 5,983,721 5,635,216 11,618,937 MURRIETA 2,894,709 3,184,713 6,079,422 3,190,647 2,998,295 6,188,942 NORCO 696,261 773,256 1,469,517 774,683 721,177 1,495,860 PALM DESERT 1,330,631 1,469,436 2,800,067 1,472,164 1,378,247 2,850,411 PALM SPRINGS 1,154,918 1,275,518 2,430,437 1,277,886 1,196,247 2,474,132 PERRIS 2,073,801 2,283,261 4,357,062 2,287,512 2,148,012 4,435,524 May 2025 CaliforniaCityFinance.com Page 12 of 21
17 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct
RANCHO MIRAGE 444,302 495,342 939,644 496,253 460,201 956,454 RIVERSIDE 8,305,141 9,109,524 17,414,666 9,126,549 8,602,338 17,728,887 SAN JACINTO 1,406,512 1,552,531 2,959,043 1,555,414 1,456,843 3,012,257 TEMECULA 2,869,215 3,156,796 6,026,010 3,162,677 2,971,889 6,134,566 WILDOMAR 959,386 1,061,396 2,020,782 1,063,363 993,717 2,057,080 County of Riverside 49,002,975 56,521,621 105,524,596 56,549,861 50,756,532 107,306,393 Total Cities & County: Riverside 102,573,338 115,513,905 218,087,243 115,651,956 106,243,895 221,895,850

SACRAMENTO COUNTY
CITRUS HEIGHTS 2,293,704 2,540,251 4,833,954 2,545,069 2,375,783 4,920,852 ELK GROVE 4,672,047 5,163,986 9,836,033 5,173,801 4,839,235 10,013,036 FOLSOM 2,301,600 2,548,954 4,850,554 2,553,789 2,383,962 4,937,751 GALT 674,219 753,874 1,428,093 755,291 698,346 1,453,636 ISLETON 20,787 28,710 49,498 28,754 21,531 50,285
RANCHO CORDOVA 2,146,963 2,378,524 4,525,486 2,383,034 2,223,791 4,606,825 SACRAMENTO 13,607,453 15,021,930 28,629,384 15,050,516 14,094,392 29,144,908 County of Sacramento 33,848,437 38,585,871 72,434,308 38,602,479 35,059,694 73,662,173 Total Cities & County: Sacramento 59,565,210 67,022,100 126,587,310 67,092,733 61,696,734 128,789,467

SAN BENITO COUNTY
HOLLISTER 1,121,005 1,235,583 2,356,587 1,237,860 1,161,120 2,398,980 SAN JUAN BAUTISTA 54,492 65,336 119,828 65,447 56,442 121,889 County of San Benito 2,901,418 2,749,274 5,650,692 2,746,183 3,005,245 5,751,428 Total Cities & County: San Benito 4,076,915 4,050,193 8,127,108 4,049,491 4,222,806 8,272,297 May 2025 CaliforniaCityFinance.com Page 13 of 21
18 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

SAN BERNARDINO COUNTY
ADELANTO 957,529 1,054,507 2,012,037 1,056,435 991,794 2,048,229 APPLE VALLEY 1,985,056 2,176,012 4,161,068 2,180,008 2,056,091 4,236,099 BARSTOW 667,656 738,545 1,406,201 739,889 691,548 1,431,437 BIG BEAR LAKE 131,811 775,519 907,329 736,728 136,527 873,256 CHINO 2,420,886 2,651,067 5,071,953 2,655,941 2,507,517 5,163,458 CHINO HILLS 2,049,405 2,246,153 4,295,558 2,250,279 2,122,743 4,373,022 COLTON 1,405,623 1,544,429 2,950,052 1,547,259 1,455,922 3,003,182 FONTANA 5,601,442 6,120,374 11,721,816 6,131,651 5,801,888 11,933,539 GRAND TERRACE 343,215 381,904 725,119 382,595 355,497 738,092 HESPERIA 2,617,046 2,867,382 5,484,428 2,872,650 2,710,696 5,583,347 HIGHLAND 1,486,890 1,633,011 3,119,900 1,636,004 1,540,098 3,176,102 LOMA LINDA 652,778 722,328 1,375,106 723,642 676,137 1,399,779 MONTCLAIR 994,058 1,094,323 2,088,381 1,096,325 1,029,630 2,125,954 NEEDLES 128,751 146,139 274,890 146,398 133,359 279,757 ONTARIO 4,738,593 5,179,869 9,918,462 5,189,409 4,908,162 10,097,571 RANCHO CUCAMONGA 4,556,317 4,981,188 9,537,506 4,990,361 4,719,364 9,709,725 REDLANDS 1,910,064 2,094,271 4,004,335 2,098,116 1,978,415 4,076,532 RIALTO 2,719,702 2,979,277 5,698,979 2,984,752 2,817,026 5,801,778 SAN BERNARDINO 5,923,529 6,471,450 12,394,979 6,483,375 6,135,501 12,618,876 TWENTYNINE PALMS 739,379 816,723 1,556,102 818,212 765,837 1,584,049 UPLAND 2,062,113 2,260,004 4,322,118 2,264,156 2,135,905 4,400,061 VICTORVILLE 3,613,666 3,953,698 7,567,364 3,960,973 3,742,980 7,703,953 YUCAIPA 1,430,411 1,571,448 3,001,859 1,574,328 1,481,597 3,055,926 YUCCA VALLEY 569,157 630,182 1,199,339 631,328 589,524 1,220,852 County of San Bernardino 45,519,479 52,163,633 97,683,112 52,178,825 47,148,380 99,327,205 Total Cities & County: San Bernardino 95,224,556 107,253,436 202,477,992 107,329,641 98,632,139 205,961,780 May 2025 CaliforniaCityFinance.com Page 14 of 21
19 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

SAN DIEGO COUNTY
CARLSBAD 3,007,745 3,320,681 6,328,426 3,326,934 3,115,377 6,442,311 CHULA VISTA 7,275,523 8,011,492 15,287,015 8,026,619 7,535,875 15,562,494 CORONADO 614,576 685,294 1,299,870 686,572 636,568 1,323,140 DEL MAR 103,310 119,350 222,660 119,565 107,007 226,571 EL CAJON 2,780,051 3,070,417 5,850,468 3,076,197 2,879,534 5,955,731 ENCINITAS 1,608,241 1,779,954 3,388,196 1,783,298 1,665,792 3,449,090 ESCONDIDO 3,955,861 4,362,777 8,318,638 4,371,002 4,097,421 8,468,422 IMPERIAL BEACH 694,928 774,611 1,469,539 776,056 719,796 1,495,851 LA MESA 1,585,519 1,754,980 3,340,499 1,758,276 1,642,256 3,400,532 LEMON GROVE 720,840 803,092 1,523,932 804,590 746,635 1,551,226 NATIONAL CITY 1,533,380 1,697,673 3,231,054 1,700,861 1,588,252 3,289,113 OCEANSIDE 4,530,954 4,994,875 9,525,829 5,004,295 4,693,093 9,697,388 POWAY 1,288,376 1,426,884 2,715,260 1,429,562 1,334,480 2,764,043 SAN DIEGO 36,224,493 39,839,962 76,064,455 39,915,276 37,520,776 77,436,052 SAN MARCOS 2,510,128 2,771,239 5,281,367 2,776,458 2,599,952 5,376,410 SANTEE 1,559,816 1,726,729 3,286,545 1,729,972 1,615,633 3,345,605 SOLANA BEACH 338,116 379,431 717,547 380,134 350,215 730,349 VISTA 2,607,528 2,878,294 5,485,822 2,883,715 2,700,838 5,584,553 County of San Diego 62,651,240 74,681,167 137,332,407 74,735,381 64,893,196 139,628,577 Total Cities & County: San Diego 135,590,626 155,078,902 290,669,528 155,284,763 140,442,697 295,727,460

SAN FRANCISCO COUNTY
SAN FRANCISCO - City Allocation 22,852,186 23,620,746 46,472,932 23,657,279 23,669,945 47,327,224 SAN FRANCISCO - County Allocation 11,713,846 12,053,424 23,767,270 12,048,876 12,133,023 24,181,899 Total San Francisco 34,566,032 35,674,170 70,240,202 35,706,155 35,802,968 71,509,123

SAN JOAQUIN COUNTY
ESCALON 194,644 218,832 413,476 219,223 201,609 420,832 LATHROP 968,328 1,065,635 2,033,964 1,067,580 1,002,980 2,070,560 LODI 1,738,614 1,906,236 3,644,849 1,909,727 1,800,830 3,710,557 MANTECA 2,377,272 2,601,949 4,979,221 2,606,724 2,462,342 5,069,065 MOUNTAIN HOUSE 616,825 682,388 1,299,212 682,968 638,897 1,321,866 RIPON 418,050 464,197 882,246 465,036 433,009 898,046
STOCKTON 8,374,851 9,137,832 17,512,683 9,154,652 8,674,543 17,829,195 TRACY 2,526,104 2,764,078 5,290,182 2,769,152 2,616,500 5,385,652 County of San Joaquin 19,312,706 20,492,463 39,805,169 20,489,607 20,003,805 40,493,412 Total Cities & County: San Joaquin 35,910,568 38,651,222 74,561,790 38,681,702 37,195,617 75,877,319 May 2025 CaliforniaCityFinance.com Page 15 of 21
20 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

SAN LUIS OBISPO COUNTY
ARROYO GRANDE 479,732 546,690 1,026,422 547,764 496,899 1,044,663 ATASCADERO 805,350 913,782 1,719,131 915,585 834,169 1,749,754 EL PASO DE ROBLES 820,594 930,874 1,751,468 932,711 849,958 1,782,669 GROVER BEACH 334,403 382,743 717,146 383,491 346,370 729,861 MORRO BAY 276,041 317,306 593,347 317,924 285,919 603,843 PISMO BEACH 210,594 242,924 453,518 243,395 218,130 461,525 SAN LUIS OBISPO 1,272,975 1,438,098 2,711,073 1,440,947 1,318,528 2,759,476 County of San Luis Obispo 10,396,583 10,413,862 20,810,445 10,407,405 10,768,622 21,176,027 Total Cities & County: San Luis Obispo 14,596,272 15,186,278 29,782,550 15,189,222 15,118,595 30,307,818

SAN MATEO COUNTY
ATHERTON 187,793 212,559 400,352 212,944 194,513 407,457 BELMONT 735,431 816,588 1,552,019 818,099 761,748 1,579,846 BRISBANE 126,843 144,777 271,620 145,038 131,382 276,420 BURLINGAME 816,933 905,888 1,722,821 907,566 846,167 1,753,732 COLMA 38,751 48,258 87,009 48,338 40,138 88,475
DALY CITY 2,741,222 3,018,270 5,759,492 3,023,901 2,839,315 5,863,216 EAST PALO ALTO 785,320 871,251 1,656,571 872,864 813,423 1,686,287 FOSTER CITY 880,812 975,878 1,856,690 977,687 912,331 1,890,019 HALF MOON BAY 307,262 344,457 651,719 345,088 318,257 663,345 HILLSBOROUGH 297,378 333,628 631,006 334,238 308,020 642,258 MENLO PARK 892,814 989,028 1,881,841 990,862 924,763 1,915,624 MILLBRAE 609,791 677,929 1,287,719 679,181 631,612 1,310,793 PACIFICA 1,011,263 1,118,809 2,130,072 1,120,886 1,047,451 2,168,337 PORTOLA VALLEY 116,017 132,917 248,934 133,155 120,169 253,324 REDWOOD CITY 2,182,131 2,403,192 4,585,324 2,407,675 2,260,218 4,667,893 SAN BRUNO 1,150,526 1,271,394 2,421,920 1,273,758 1,191,697 2,465,455 SAN CARLOS 803,728 891,420 1,695,148 893,071 832,490 1,725,560 SAN MATEO 2,764,258 3,043,510 5,807,768 3,049,188 2,863,176 5,912,364 SOUTH SAN FRANCISCO 1,732,495 1,910,540 3,643,035 1,914,099 1,794,492 3,708,591 WOODSIDE 138,766 158,841 297,607 159,126 143,732 302,858 County of San Mateo 13,926,675 16,678,671 30,605,346 16,691,363 14,425,037 31,116,400 Total Cities & County: San Mateo 32,246,207 36,947,803 69,194,011 36,998,127 33,400,129 70,398,255 May 2025 CaliforniaCityFinance.com Page 16 of 21
21 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

SANTA BARBARA COUNTY
BUELLTON 134,504 150,121 284,624 150,368 139,317 289,685 CARPINTERIA 343,607 373,931 717,538 374,562 355,903 730,465 GOLETA 854,010 920,791 1,774,802 922,360 884,571 1,806,931GUADALUPE 226,858 248,528 475,386 248,945 234,976 483,920 LOMPOC 1,164,750 1,251,899 2,416,649 1,254,039 1,206,430 2,460,469 SANTA BARBARA 2,285,519 2,447,636 4,733,155 2,451,834 2,367,306 4,819,140 SANTA MARIA 2,892,146 3,096,527 5,988,673 3,101,839 2,995,641 6,097,480 SOLVANG 152,023 168,788 320,811 169,067 157,463 326,530 County of Santa Barbara 10,479,261 11,847,670 22,326,931 11,851,423 10,854,258 22,705,681 Total Cities & County: Santa Barbara 18,532,678 20,505,891 39,038,569 20,524,436 19,195,864 39,720,301

SANTA CLARA COUNTY
CAMPBELL 1,143,361 1,252,448 2,395,809 1,254,717 1,184,276 2,438,992 CUPERTINO 1,577,701 1,725,625 3,303,326 1,728,755 1,634,158 3,362,913 GILROY 1,595,873 1,745,360 3,341,233 1,748,526 1,652,981 3,401,507 LOS ALTOS 825,039 906,762 1,731,801 908,399 854,563 1,762,961 LOS ALTOS HILLS 221,628 247,480 469,108 247,920 229,559 477,479 LOS GATOS 874,510 960,486 1,834,996 962,221 905,804 1,868,025 MILPITAS 2,138,177 2,334,281 4,472,458 2,338,524 2,214,691 4,553,215 MONTE SERENO 93,661 107,513 201,174 107,698 97,013 204,711 MORGAN HILL 1,212,836 1,327,895 2,540,730 1,330,301 1,256,237 2,586,538 MOUNTAIN VIEW 2,262,692 2,469,500 4,732,193 2,473,990 2,343,662 4,817,652 PALO ALTO 1,784,660 1,950,375 3,735,035 1,953,916 1,848,523 3,802,439 SAN JOSE 26,473,305 28,773,832 55,247,137 28,826,359 27,420,644 56,247,003 SANTA CLARA 3,452,753 3,764,363 7,217,116 3,771,213 3,576,309 7,347,522 SARATOGA 812,959 893,643 1,706,602 895,256 842,050 1,737,306 SUNNYVALE 4,119,991 4,488,958 8,608,948 4,497,132 4,267,423 8,764,556 County of Santa Clara 32,190,467 38,336,024 70,526,491 38,364,272 33,342,394 71,706,666 Total Cities & County: Santa Clara 80,779,612 91,284,544 172,064,156 91,409,198 83,670,288 175,079,486 May 2025 CaliforniaCityFinance.com Page 17 of 21
22 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

SANTA CRUZ COUNTY
CAPITOLA 257,790 284,386 542,177 284,881 267,015 551,896 SANTA CRUZ 1,691,626 1,833,829 3,525,455 1,837,074 1,752,161 3,589,234 SCOTTS VALLEY 315,577 347,610 663,187 348,216 326,870 675,085 WATSONVILLE 1,354,687 1,471,016 2,825,702 1,473,614 1,403,164 2,876,778 County of Santa Cruz 6,737,390 7,663,031 14,400,421 7,665,255 6,978,485 14,643,740 Total Cities & County: Santa Cruz 10,357,070 11,599,872 21,956,943 11,609,039 10,727,694 22,336,733

SHASTA COUNTY
ANDERSON 292,096 337,556 629,653 338,227 302,549 640,775 REDDING 2,451,244 2,779,585 5,230,829 2,785,209 2,538,961 5,324,170 SHASTA LAKE 270,420 313,085 583,505 313,706 280,097 593,802 County of Shasta 8,002,029 7,785,974 15,788,003 7,778,127 8,288,379 16,066,506 Total Cities & County: Shasta 11,015,788 11,216,201 22,231,989 11,215,268 11,409,985 22,625,253

SIERRA COUNTY
LOYALTON 19,297 27,059 46,356 27,061 19,988 47,048
County of Sierra 1,420,824 1,307,872 2,728,696 1,303,068 1,471,668 2,774,736 Total City & County: Sierra 1,440,121 1,334,931 2,775,052 1,330,129 1,491,656 2,821,784

SISKIYOU COUNTY
DORRIS 22,435 31,008 53,443 31,059 23,238 54,297
DUNSMUIR 44,530 124,329 168,858 92,457 46,123 138,580
ETNA 17,885 25,896 43,781 25,937 18,525 44,462
FORT JONES 18,147 26,190 44,337 26,231 18,796 45,027
MONTAGUE 32,136 41,909 74,044 41,981 33,286 75,267
MOUNT SHASTA 84,745 119,979 204,724 163,539 87,777 251,316 TULELAKE 23,533 32,242 55,775 32,295 24,375 56,671
WEED 76,325 119,381 195,707 132,889 79,056 211,945
YREKA 204,083 243,477 447,560 243,961 211,386 455,347
County of Siskiyou 5,732,926 5,146,199 10,879,125 5,128,371 5,938,077 11,066,448 Total Cities & County: Siskiyou 6,256,743 5,910,611 12,167,354 5,918,720 6,480,639 12,399,359 May 2025 CaliforniaCityFinance.com Page 18 of 21
23 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

SOLANO COUNTY
BENICIA 708,132 785,518 1,493,650 786,964 733,473 1,520,437 DIXON 507,344 563,850 1,071,194 564,886 525,499 1,090,385 FAIRFIELD 3,149,414 3,460,353 6,609,767 3,466,785 3,262,114 6,728,899 RIO VISTA 261,582 292,978 554,560 293,512 270,942 564,455 SUISUN CITY 770,155 853,372 1,623,527 854,945 797,715 1,652,660VACAVILLE 2,673,055 2,939,202 5,612,256 2,944,661 2,768,709 5,713,370 VALLEJO 3,292,938 3,617,373 6,910,312 3,624,099 3,410,775 7,034,874 County of Solano 9,866,891 10,793,594 20,660,485 10,794,987 10,219,974 21,014,961 Total Cities & County: Solano 21,229,511 23,306,240 44,535,751 23,330,839 21,989,202 45,320,041

SONOMA COUNTY
CLOVERDALE 235,565 264,933 500,498 265,417 243,994 509,412 COTATI 198,226 224,017 422,243 224,424 205,319 429,744
HEALDSBURG 295,678 331,806 627,484 332,414 306,259 638,673 PETALUMA 1,564,365 1,726,541 3,290,906 1,729,756 1,620,346 3,350,101 ROHNERT PARK 1,152,382 1,273,587 2,425,969 1,275,955 1,193,620 2,469,575 SANTA ROSA 4,655,836 5,116,692 9,772,527 5,126,260 4,822,443 9,948,703 SEBASTOPOL 196,709 222,355 419,064 222,759 203,748 426,508 SONOMA 281,611 316,391 598,002 316,970 291,688 608,658
WINDSOR 685,515 761,991 1,447,505 763,400 710,046 1,473,445 County of Sonoma 14,518,929 15,574,146 30,093,075 15,572,748 15,038,485 30,611,233 Total Cities & County: Sonoma 23,784,816 25,812,458 49,597,274 25,830,103 24,635,949 50,466,052

STANISLAUS COUNTY
CERES 1,313,400 1,433,913 2,747,312 1,436,496 1,360,399 2,796,895 HUGHSON 201,625 225,268 426,893 225,664 208,840 434,504 MODESTO 5,723,211 6,216,093 11,939,304 6,227,348 5,928,015 12,155,363 NEWMAN 323,081 357,869 680,950 358,505 334,643 693,147
OAKDALE 605,869 666,279 1,272,148 667,471 627,549 1,295,020 PATTERSON 648,202 712,149 1,360,350 713,423 671,398 1,384,821 RIVERBANK 653,850 718,268 1,372,118 719,554 677,248 1,396,802 TURLOCK 1,884,675 2,054,409 3,939,084 2,058,115 1,952,117 4,010,233 WATERFORD 238,206 264,904 503,110 265,372 246,730 512,102 County of Stanislaus 14,930,644 15,502,519 30,433,163 15,497,732 15,464,933 30,962,665 Total Cities & County: Stanislaus 26,522,762 28,151,670 54,674,432 28,169,680 27,471,872 55,641,552 May 2025 CaliforniaCityFinance.com Page 19 of 21
24 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

SUTTER COUNTY
LIVE OAK 252,796 279,212 532,008 279,698 261,842 541,541 YUBA CITY 1,837,034 1,991,880 3,828,914 1,995,414 1,902,771 3,898,186 County of Sutter 4,560,663 4,159,005 8,719,668 4,153,141 4,723,865 8,877,006 Total Cities & County: Sutter 6,650,493 6,430,098 13,080,590 6,428,254 6,888,479 13,316,733

TEHAMA COUNTY
CORNING 214,986 238,687 453,674 239,102 222,680 461,782 RED BLUFF 387,195 425,434 812,629 426,182 401,051 827,233 TEHAMA 11,348 18,040 29,388 18,062 11,754 29,816
County of Tehama 5,048,451 4,269,647 9,318,098 4,254,966 5,229,108 9,484,074 Total Cities & County: Tehama 5,661,981 4,951,808 10,613,789 4,938,312 5,864,593 10,802,905

TRINITY COUNTY
County of Trinity 2,657,786 2,358,058 5,015,844 2,349,491 2,752,894 5,102,385

TULARE COUNTY
DINUBA 668,675 729,279 1,397,955 730,551 692,604 1,423,155 EXETER 270,629 298,586 569,215 299,100 280,313 579,413
FARMERSVILLE 271,413 299,429 570,842 299,945 281,126 581,070 LINDSAY 331,867 364,385 696,252 365,016 343,743 708,758 PORTERVILLE 1,645,580 1,780,446 3,426,026 1,783,574 1,704,467 3,488,041 TULARE 1,851,232 2,001,415 3,852,647 2,004,934 1,917,478 3,922,412 VISALIA 3,779,181 4,075,461 7,854,642 4,082,646 3,914,418 7,997,064 WOODLAKE 201,677 223,499 425,176 223,882 208,894 432,776 County of Tulare 18,048,712 16,433,947 34,482,659 16,410,554 18,694,580 35,105,134 Total Cities & County: Tulare 27,068,967 26,206,445 53,275,412 26,200,201 28,037,622 54,237,824

TUOLUMNE COUNTY
SONORA 136,047 162,954 299,000 163,284 140,915 304,199
County of Tuolumne 3,536,645 3,530,437 7,067,082 3,526,780 3,663,203 7,189,983 Total City & County: Tuolumne 3,672,692 3,693,391 7,366,082 3,690,064 3,804,118 7,494,182 May 2025 CaliforniaCityFinance.com Page 20 of 21
25 June 2, 2025 Item 9
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide r 2024-25 2025-26Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

VENTURA COUNTY
CAMARILLO 1,850,552 2,041,569 3,892,121 2,045,383 1,916,774 3,962,156 FILLMORE 446,106 497,989 944,095 498,908 462,070 960,978 MOORPARK 947,070 1,049,333 1,996,404 1,051,285 980,961 2,032,246 OJAI 201,024 227,237 428,261 227,652 208,217 435,869
OXNARD 5,273,968 5,798,101 11,072,068 5,808,969 5,462,695 11,271,664 PORT HUENEME 576,949 642,468 1,219,417 643,657 597,595 1,241,252 SAN BUENAVENTURA 2,878,340 3,171,116 6,049,456 3,177,047 2,981,341 6,158,388 SANTA PAULA 819,862 909,840 1,729,701 911,529 849,200 1,760,729 SIMI VALLEY 3,299,815 3,633,295 6,933,110 3,640,095 3,417,898 7,057,993 THOUSAND OAKS 3,316,210 3,651,273 6,967,483 3,658,106 3,434,879 7,092,986 County of Ventura 17,044,895 20,466,639 37,511,534 20,481,902 17,654,842 38,136,744 Total Cities & County: Ventura 36,654,791 42,088,860 78,743,651 42,144,533 37,966,472 80,111,005

YOLO COUNTY
DAVIS 1,706,034 1,893,876 3,599,910 1,897,470 1,767,084 3,664,553 WEST SACRAMENTO 1,419,246 1,577,579 2,996,825 1,580,569 1,470,033 3,050,601 WINTERS 198,383 225,595 423,978 226,013 205,482 431,495 WOODLAND 1,586,434 1,761,971 3,348,405 1,765,312 1,643,204 3,408,516 County of Yolo 6,518,760 6,451,545 12,970,305 6,447,017 6,752,032 13,199,049 Total Cities & County: Yolo 11,428,856 11,910,567 23,339,423 11,916,381 11,837,834 23,754,215

YUBA COUNTY
MARYSVILLE 344,130 371,619 715,749 372,230 356,445 728,675 WHEATLAND 101,793 113,417 215,210 113,598 105,436 219,033 County of Yuba 3,723,718 3,492,752 7,216,470 3,488,320 3,856,970 7,345,290 Total Cities & County: Yuba 4,169,641 3,977,788 8,147,429 3,974,148 4,318,850 8,292,998 Statewide Total $ 1,870,616,000 $ 1,606,740,000 $ 3,477,356,000 $ 1,919,001,000 $ 1,799,128,000 $ 3,718,129,000 May 2025 CaliforniaCityFinance.com Page 21 of 21
26 June 2, 2025 Item 9
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Karen Falk, Principal Engineer
Joe Bride, Public Works Director
Kseniia Izgarskaia, Senior Management Analyst
Via Ashley Jones, City Manager
DATE: June 2, 2025
SUBJECT: Award of Construction Contract to Portillo Concrete, Inc. for the 2025 Asphalt Roadway Repairs
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Award a $60,000 construction contract to Portillo Concrete, Inc. (Attachment A) for the 2025 Asphalt Roadway Repairs project; and 2) Authorize the City Manager to execute the contract.

BACKGROUND:

As-needed small area asphalt repairs are a common type of reactive street maintenance performed by the City of Del Mar to address safety concerns and maintain the integrity of the City’s paved streets. This work restores the pavement network by focusing on repairing potholes after they emerge, repairing damage to pavement caused by the roots of nearby trees, and pavement restoration after City staff repair underground infrastructure.

The City performs scheduled small area asphalt repairs every fiscal year, and additional repairs are scheduled occasionally if needs emerge and if sufficient budget is available. Separately, the City proactively budgets for various larger paving projects as part of the City’s annual workplan and budget setting processes.

In addition to the pothole filling and minor pavement repairs performed by City staff, the City contracts with third-party licensed contractors annually to perform additional asphalt repairs.

Hiring third-party contractors for as-needed asphalt patch repairs is a common municipal that offers several benefits including cost-effectiveness, specialized expertise, and reduced impact to Public Works field staff capacity. Licensed contractors have specialized equipment and experienced crews, ensuring efficient and high-quality repairs.

DISCUSSION/ANALYSIS:

In November 2024, the City awarded a contract for the scheduled annual small area roadway repairs for Fiscal Year (FY) 2024-2025. The procurement process was conducted in accordance with the Del Mar Municipal Code (DMMC) Chapter 7.20 – Alternative Bid Procedures for Public Works Projects, and the contract award was within the City Manager’s signing authority pursuant to DMMC Chapters 7.20.050 and 7.04.120 – City Manager Contracting Authority. 1 June 2, 2025 Item 10
City Council Agenda Report
2025 Asphalt Roadway Repairs
June 2, 2025

The City maintains and regularly updates a list of future necessary pavement repairs. Enough locations have been identified that City staff recommends a second contract this fiscal year to perform small area asphalt repairs. Sufficient budget is available to perform the work. Staff conducted a procurement process in accordance with DMMC Chapter 7.20 – Alternative Bid Procedures for Public Works Projects, and negotiated a contract with Portillo Concrete, Inc. (Portillo) in the amount of $60,000. Portillo is a local contractor with California license classifications A (general engineering), B (general building), and C-8 (concrete). Portillo has contracted with the City several times over the last few years and has demonstrated reliability, responsiveness, and provided excellent service and quality of work.

With the second recommended contract with Portillo, the total amount to be paid to the contractor for the fiscal year exceeds the City Manager’s signing authority. Therefore, City Council approval is needed to award the contract (Attachment A). If awarded, the work will begin shortly after a Notice to Proceed is issued, with a targeted completion date of July 15, 2025, or sooner.

Residents affected by construction near their homes will be notified in accordance with the City’s standard practice.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. The fiscal impact of the recommended action is $60,000. Sufficient funds are available for the project in the FY 2024-2025 Operational and Capital Budget as presented in the table below:

Account # Account Budget

01.5841.3200 PW - General Contractual Services $ 10,700

20.5845.2300 Gas Tax - Street Maintenance $ 4,500

20.5845.3200 Gas Tax - Contractual Services $ 8,400

55.5840.3200 Clean Water - Contractual Services $ 8,400

51.5840.3200 Water - Contractual Services $ 18,000

57.5840.3200 Wastewater - Contractual Services $ 10,000 TOTAL $ 60,000
ENVIRONMENTAL IMPACT:

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

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and is not related to Council Goals and Priorities.

ATTACHMENTS:

Attachment A – Construction Contract with Portillo Concrete, Inc. 2 June 2, 2025 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR THE 2025 ASPHALT ROADWAY REPAIRS
Page C-1
This Construction Contract (“Contract”) is made and entered into by and between the City of Del Mar, a municipal corporation, hereinafter referred to as the "City," and Portillo Concrete, Inc. hereinafter referred to as the “Contractor” (collectively “Parties”).

RECITALS
WHEREAS, the City requires a general contractor to construct a Public Works project generally described as the 2025 ASPHALT ROADWAY REPAIRS hereinafter referred to as the “Project.”
WHEREAS, the Contractor represents itself as possessing the necessary skills and qualifications to construct the Project required by the City and possesses the required contractor’s license of the appropriate classifications.

NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, and in consideration of the payments and agreements hereinafter mentioned, the Parties agree as follows:

1. CONTRACTOR'S OBLIGATIONS.

1.1 Contractor shall perform the scope of work shown in Attachment A hereinafter referred to as the “Work”, as such term is defined by the Standard Specifications for Public Works Construction, latest version (GREENBOOK).

1.2 The Contractor agrees, at the Contractor's own proper cost and expense, to do all the Work and furnish all the materials, except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete the Work in a good, workmanlike and substantial manner and to the satisfaction of the City.

1.3 Said Work shall be performed in accordance with the Contract Specifications, Drawings, and Provisions annexed hereto; and in connection with the Reference Standards below:

Standard Edition
Standard Specifications for Public Works Construction
(“The GREENBOOK”)
2021
San Diego Regional Standard Drawings 2022

1.4 The Contractor shall maintain throughout the full term of this Contract all professional certifications and licenses required in order to comply with all City, State, and Federal laws in the performance of this Contract.

1.5 The Contractor shall pay wages to the Contractor's employees according to the current "General Prevailing Wage Rates" issued by the Department of Industrial Relations of the State of California. Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor, from Director of the Department of Industrial Relations. 3 June 2, 2025 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR THE 2025 ASPHALT ROADWAY REPAIRS
Page C-2
These rates are available online with the California Department of Industrial Relations (www.dir.ca.gov). The Contractor shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum. The Contractor shall comply with the provisions of Sections 1725.5, 1771, 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, 1813, and 1815 of the Labor Code.

1.6 The Contractor shall register with the Department of Industrial Relations (DIR) in accordance with California Labor Code sections 1771.1 and 1725.5 and the Contractor shall be subject to compliance monitoring and enforcement by DIR in accordance with California Labor Code section 1771.4.

1.7 Pursuant to and subject to the provisions of Section 1775 of the Labor Code, Contractor shall forfeit to City, as a penalty, the sum of up to two-hundred dollars ($200) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any Work done under this Contract, by it or by any subcontractor under it, in violation of the provisions of the Contract.

2. CONTRACT AMOUNT AND SCHEDULE.

2.1 Total Amount. Compensation to Contractor shall be provided on a time and materials basis or pre-approved negotiated price in accordance with Section

1.5 above not-to-exceed $60,000. The Agreement allows for a 15% markup on labor, 15% markup on CALTRANS Equipment Rental Rates, and 10% markup on materials. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Contractor in advance.

Contractor acknowledges that it is not guaranteed any particular amount of work. Normal processing time for payment is thirty (30) days after City’s receipt of invoice.

2.2 Contractor agrees to complete the Work on PROJECT prior to July 15, 2025, per Section 6-3 of the Standard Specifications for Public Works Construction (GREENBOOK), commencing upon the date stated in the Notice To Proceed issued by the City. Construction shall not commence until the City has approved bonds and insurance.

3. TERMINATION OF CONTRACT.

In the event of the Contractor's failure to prosecute, deliver, or perform the Work as provided for in this Contract, the City may terminate this Contract by notifying the Contractor by certified mail of said termination.

4. STATUS OF THE CONTRACTOR.

The Contractor shall perform the services provided for herein in a manner of Contractor's own choice, as an independent Contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project. However, Contractor shall confer with the City as required to perform this Contract.
4 June 2, 2025 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR THE 2025 ASPHALT ROADWAY REPAIRS
Page C-3

5. SUBCONTRACTING.

The Contractor’s ability to subcontract is limited by and must comply with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code sections 4100 et seq. If the Contractor subcontracts any of the Work to be performed under this Contract, the Contractor shall be as fully responsible to the City for the acts and omissions of the Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the Contract shall create any contractual relations between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor by the terms of the Contract applicable to Contractor's Work unless specifically noted to the contrary in the subcontract in question approved in writing by the City.

6. ASSIGNMENT OF CONTRACT.

The Contractor has no authority or right to assign this Contract or any part thereof or any monies due thereunder to any other party without first obtaining the prior written consent of the City.

7. VERBAL AGREEMENT OR CONVERSATION.

No verbal agreement or conversation with any officer, agent or employee of the City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle the Contractor to any additional payment whatsoever under the terms of this Contract.

8. DISPUTES.

8.1 If a dispute should arise regarding the performance of this Contract, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the Contract, shall be reduced to writing by the complaining party.

A copy of such documented dispute shall be forwarded to the other party involved along with recommended methods of resolution which would be of benefit to both parties. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter.

8.2 If the dispute is not resolved, the aggrieved party shall send a letter outlining the dispute to the City to be resolved.

8.3 If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them at law.

8.4 Pursuant to Public Contract Code Sections 20104 and 9204, a claim by the Contractor for a time extension; payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or an 5 June 2, 2025 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR THE 2025 ASPHALT ROADWAY REPAIRS
Page C-4
amount the payment of which is disputed by the City, shall be dealt with as follows:

A. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims.

B. For all claims, pursuant to Public Contract Code Sections 20104 and 9204:

1. City shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. City shall identify the disputed and undisputed portion(s) of the claim in the written response. If City fails to issue a written statement, the claim is rejected in its entirety.

2. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant.

3. The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.

4. Pursuant to Public Contract Code section 9204, any payment on any undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement.

C. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen (15) days of receipt of the City's response or within fifteen (15) days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand sent by registered or certified mail, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days after the meet and confer conference, City shall prepare a written statement describing portions of the claim in dispute and the portions of the claim that are disputed.

Mediation Prerequisite: If following the meet and conference the claim or any portion remains in dispute, the parties agree that as a condition precedent to the initiation of litigation, the parties shall submit to non-binding mediation. The parties shall mutually agree to a mediator within ten (10) business days after the City’s response following the meet and confer conference. The parties shall make reasonable attempts to mediate within thirty (30) days of the meet and confer conference. Mediation shall be subject to the following rules:
6 June 2, 2025 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR THE 2025 ASPHALT ROADWAY REPAIRS
Page C-5

1. The mediation process shall be administered by a neutral organization agreed to by the parties and shall be confidential subject to Evidence Code Sections 1115 –1128 and 1152.

2. The costs for mediation will be shared equally by all parties. The expenses of witnesses shall be paid by the party producing such witnesses.

3. A single mediator shall be selected to mediate the dispute. At least ten (10) days before a scheduled session, each party shall provide the mediator a brief memorandum setting forth its position about the issues that need to be resolved. The brief shall be mutually exchanged between the parties. At the mediation session, the parties will be expected to produce required information for the mediator to understand and evaluate the issues presented.

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

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

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

9. HOLD HARMLESS.

9.1 The Contractor agrees to indemnify and hold the City; the City's officers, officials, employees and agents; the Engineer; and the Engineer’s officers, officials, employees and agents (together, the “City Indemnified Parties”), harmless from, and against any and all liabilities, claims, demands, causes of action, losses, suit damage, expenses and costs, including all costs of defense, expense costs and investigation expenses thereof, arising out of, or in any manner connected directly or indirectly to the acts, omissions or performance of Work by the Contractor or Contractor’s agents, employees, subcontractors, officials, officers or representatives. Upon demand, Contractor shall, at its own expense, defend the City Indemnified Parties from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs, regardless of whether or 7 June 2, 2025 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR THE 2025 ASPHALT ROADWAY REPAIRS
Page C-6
not such a claim, loss or liability is caused in part by a party indemnified hereunder.

9.2 By inspecting, approving or accepting the improvements, City shall not have waived the protections afforded herein to the City Indemnified Parties or diminished the obligation of Contractor, who shall remain obligated in the same degree to indemnify and hold the City Indemnified Parties harmless as provided above.

9.3 Contractor's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the City Indemnified Parties’ sole active negligence or willful misconduct.

10. RESPONSIBILITY FOR DAMAGE.

10.1 The Contractor shall obtain and maintain in full force and effect during the life of the Contract, contractual liability insurance for bodily injury liability and property damage liability assumed by the Contractor of all claims and lawsuits against the Contractor and his/her subcontractors arising out of or in connection with the Work to be performed. Such insurance as is afforded by the policy to the Contractor for Contractual Property Damage Liability Insurance shall include coverage for property damage caused by blasting, collapse, structural injuries or damage to underground utilities. The policy shall not contain the so-called "x" "c" "u" exclusions.

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

10.3 Evidence of insurance including Commercial General Liability, Workers’ Compensation, and Automobile Liability in compliance with the above requirements shall be furnished to the City by Certificate of Insurance. Such Certificate of Insurance shall be furnished prior to the commencement of Work under the Contract. The insurance policy shall provide that the policy shall remain in force during the life of this Contract and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to City from the insurance company.

10.4 Such insurance shall be issued by a company or companies approved by the City, licensed and listed with "Insurance Organizations Authorized by the Insurance Commissioner to Transact the Business of Insurance in the State of California," and shall have a rating of A- or better.

10.5 Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude the City from taking such other actions as is available to it under any other provision of this Contract or otherwise in law. 8 June 2, 2025 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR THE 2025 ASPHALT ROADWAY REPAIRS
Page C-7

10.6 The Contractor shall arrange for the policies to be so conditioned as to cover the performance of any changes or extra Work which may be required under the Contract.

10.7 The costs of this insurance shall be considered as included in the prices paid for the various Contract items of Work and no additional compensation will be allowed, therefore.

10.8 The Contractor shall either: (1) require each of its subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified, or (2) insure the activities of its subcontractors in its own policy in like amount.

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

10.10 Prior to commencement of Work under this Contract, the Contractor shall furnish endorsements from each of the insurance companies.

10.11 The Contractor shall reimburse the City and the Engineer for all costs and expenses, including attorney's fees, incurred by said City and the Engineer, in enforcing the provisions of Section 11.0 of this Contract.

11. NOTICES.

Any notices to be given under this Contract, or otherwise, shall be served by certified mail and addressed and delivered as listed below:

City of Del Mar Portillo Concrete, Inc.

Attn.: City Clerk Attn.: Mario Portillo
1050 Camino del Mar 3527 Citrus Street
Del Mar, CA 92014 Lemon Grove, CA 91945
[email protected] [email protected]

12. LIQUIDATED DAMAGES; EXTENSION OF TIME.

In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of two hundred and fifty dollars ($250) per day for each calendar day completion is delayed beyond the time allowed pursuant to paragraph 3 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of CONTRACTOR, including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay.
9 June 2, 2025 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR THE 2025 ASPHALT ROADWAY REPAIRS
Page C-8

13. PERFORMANCE.

The City hereby promises and agrees with the Contractor to employ, and does hereby employ the Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, and in the manner and upon the conditions hereinafter set forth, and the City and the Contractor for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.

14. CONTRACT AUTHORITY OVER PROPOSAL.

It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the Bid or Proposal of the Contractor, then this instrument shall control, and nothing herein shall be considered as an acceptance of the said terms of said Proposal conflicting herewith.

15. CONTRACT DOCUMENTS.

The Contract consists of the following documents, all of which are component parts of the Contract as if herein set out in full, or attached hereto:

1. Contract

2. Worker's Compensation Certificate

3. Modifications to the Standard Specifications: General Provisions, Special Provisions, Construction Methods

4. Plans & Standard Drawings, Approved Submittals, Exhibits, and Site Photos All the above-named Contract Documents are intended to be complementary. The Work required by one of the above-named documents and not by others shall be performed as if required by all. Any conflicts in terms or requirements of any of the Contract Documents shall be determined by the order of precedence set forth in the GREENBOOK.

16. ATTACHMENTS.

The following Contract Documents are attached hereto:

A. Scope of Work
B. Worker's Compensation Certificate

17. NON-DISCRIMINATION.

Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with 10 June 2, 2025 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR THE 2025 ASPHALT ROADWAY REPAIRS
Page C-9
disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

18. CALIFORNIA LAW; VENUE/MISCELLANEOUS.

This Contract shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Contractt shall be brought in the County of San Diego, California. Contractor hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.

19. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION AND CONTROL ACT OF 1986.

Contractor certifies that Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract.

20. NO WAIVER.

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

21. SEVERABILITY.

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

22. CONFLICTS BETWEEN TERMS.

If an apparent conflict or inconsistency exists between the main body of this Contract and the Exhibits, the main body of this Contract shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Contract, the law, rule, regulation, order, or code shall control.

Varying degrees of stringency among the main body of this Contracts, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Contract.
11 June 2, 2025 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR THE 2025 ASPHALT ROADWAY REPAIRS
Page C-10

23. SIGNING AUTHORITY.

The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.

IN WITNESS WHEREOF, the Parties hereto have executed this Contract, which will be effective as of the date of the City’s execution of the Contract listed below.

CITY OF DEL MAR, PORTILLO CONCRETE, INC.
a municipal corporation a California corporation
By: By:

Ashley Jones, City Manager Mario Portillo, President/CEO Date: Date:

APPROVED AS TO FORM:

Leslie E. Devaney, City Attorney
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
12 June 2, 2025 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR THE 2025 ASPHALT ROADWAY REPAIRS
Page C-11
ATTACHMENT A – SCOPE OF WORK
Asphalt roadway repairs for utility excavations and tree root impacts shall be performed per the following table or as directed by the City of Del Mar:

The contractor will work with Del Mar Public Works staff to schedule the sequence of work to ensure the highest priority locations are completed first.

Nearest Address
1957 Ocean Front – water service repair
124 13th Street – water service repair
156 Ocean View – tree roots
424 7th Street – area in front of driveway
10th Street and Highland – potholes
1115 Klish - alligatoring
8 th / Stratford – leak repair and berm repair
8 th / Hoska - pothole
2076 Gatun – tree roots
2900 block of Camino del Mar – water line trench
1962 Zapo Street – area near meter boxes
701 Crest – potholes
301 Hidden Pines – uneven pavement
120 Cuchara – tree roots around bend
13 June 2, 2025 Item 10

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND PORTILLO CONCRETE, INC.

FOR THE 2025 ASPHALT ROADWAY REPAIRS
Page C-12

ATTACHMENT B - WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the Labor Code provides in part as follows:
"Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.” I hereby certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.

CONTRACTOR'S NAME:

ADDRESS:

BOND NO. (optional):

SIGNATURE:

PRINT NAME/TITLE OF SIGNER:

DATE:
14 June 2, 2025 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Ashlea Houston, Management Analyst
Via Ashley Jones, City Manager
DATE: June 2, 2025
SUBJECT: Proposal for Phase II of the Temporary Sculpture Program REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Authorize the City Manager to sign the Memorandum of Understanding (MOU) between the City and Del Mar Foundation (Foundation) (Attachment A) for Phase II of the City’s Temporary Outdoor Sculpture Program (Program); and, 2) Approve the five art sculptures, plus one alternate, proposed by the Foundation for Council consideration and approval (Attachment B).

BACKGROUND:

On May 17, 2021, the City Council gave conceptual approval for Phase I of the Temporary Outdoor Sculpture Program (Program), proposed by the City’s Arts Advisory Committee (AAC) in conjunction with the AAC Liaisons and Foundation. The approved Program provided for the temporary (23-month) display of sculptures in the public right-of-way at five (5) sites adjacent to Camino del Mar between 9th Street and 15th Street. It should be noted that the 23-month timeframe cannot be extended as it would trigger Design Review.

On June 21, 2021, the City Council authorized the City Manager to enter into an MOU with the Foundation for the program and adopted Resolution 2021-24 (Attachment C), approving EP21-054, a Long-Term, Major Encroachment Permit (EP), for the installation of five concrete pads in specified locations in the downtown area for the Program. The MOU identified the Foundation’s role in implementing the Program, including: a) fully funding the Program; b) complying with the terms of the EP; c) securing insurance for damage or loss to the artworks; d) administering the Call for Art, initial screening of art submissions, and installation and de-installation of the selected sculptures in partnership with the AAC, City staff and an art consultant; and e) entering into agreements with the Artists and the contractor installing the five art pads. The MOU also expressed “the nonbinding intent of the Parties to renew the program on terms acceptable to each party,” should Phase I prove to be successful and well received by the community.

On September 7, 2021, the City Council approved the AAC-recommended sculptures for Phase I of the Program and approved a revised MOU between the City and Foundation, clarifying that AAC's role in sculpture selection is to recommend sculptures for City 1 June 2, 2025 Item 11
City Council Agenda Report
Approval of MOU with Del Mar Foundation for Temporary Sculpture Program Phase II June 2, 2025

Council approval. The Phase I temporary art sculptures were displayed from September 2021 to August 2023.

Based on the success of Phase I, the AAC and Foundation proposed Phase II of the Program. On February 21, 2023, the City Council approved a proposed MOU between the City and Foundation for Phase II. The AAC and Foundation next planned to issue a Call for Art, review proposed sculptures at an AAC meeting and present the committee’s recommendations to City Council in June 2023. However, due to circumstances unrelated to the Phase II proposal, the AAC experienced a reduction in membership that prevented the committee from meeting due to a lack of quorum. As a result, implementation of Phase II was not completed and the AAC was later placed on hold.

On May 19, 2025, the City Council adopted Resolution 2025-11 dissolving the Arts Advisory Committee, following a recommendation from the Council Committee Streamlining Taskforce. The recommendation was based on a continued lack of AAC members and work plan items.

DISCUSSION/ANALYSIS:

In early 2025, the Foundation expressed interest in reinitiating Phase II of the Program.

Due to an inactive (now dissolved) AAC, the Foundation initiated the Call for Art process; vetted artist submissions through a Foundation art committee; and selected five sculptures plus one alternate for Council consideration and approval (Attachment B). The art selection was conducted in accordance with the standards established in City Council Policy 113-Public Art Policy.

If approved by Council, the Phase II sculptures would be installed the week of July 14, 2025, which is between the end of the San Diego County Fair and the beginning of the Del Mar horse racing season. The sculptures would also be in place for the Breeders’ Cup in November 2025, with removal at the conclusion of the 23-month Program period.

The proposed Phase II MOU is substantively the same as the Phase II MOU approved in February 2023; the key change is the reassignment of the AAC role in the Program to the Foundation. The proposed budget for Phase II, which will be covered in full by the Foundation under the terms of the proposed MOU, is as follows:

Art Consultant $ 2,000
Artist Stipends $10,000
Installation support costs $ 1,500
Signage for placement on each pad $ 150
Printing updated Art Walk Map $ 100
Artists’ Reception at Town Hall for the community $ 500 Fine Arts insurance policy $ 5,000
Misc. expenses/contingency (includes concrete pad repairs if needed) $ 750 TOTAL $20,000
2 June 2, 2025 Item 11
City Council Agenda Report
Approval of MOU with Del Mar Foundation for Temporary Sculpture Program Phase II June 2, 2025

The Foundation recognizes the limited capacity of City staff and have agreed to take on significant administrative responsibilities to administer the Program including paying the artists, vendors, and other expenses directly. However, because this is a program of the City with the sculptures located on City property, the Foundation treats the funding for this program as a grant to the City.

FISCAL IMPACT:

There is no cost to the City related to approval of this agenda item. The Foundation is proposing to cover all costs associated with the proposed program.

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. Any project developed as a result of the City Council’s action that requires the City or the City Council’s discretionary approval resulting in a physical change to the environment will be analyzed in accordance with CEQA prior to such approval. The current City Council action in no way limits the exercise that discretion.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The temporary art sculpture program is not included in the City Council’s list of Goal & Priorities.

ATTACHMENTS:

Attachment A – Phase II MOU with Del Mar Foundation
Attachment B – Art Selected for Phase II
Attachment C - Resolution 2021-24 (EP21-054)
3 June 2, 2025 Item 11

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF DEL MAR AND THE DEL MAR FOUNDATION

REGARDING IMPLEMENTATION OF PHASE II OF THE TEMPORARY

OUTDOOR SCULPTURE PROGRAM
This Memorandum of Understanding (MOU) is entered into effective June 2, 2025, by and between the City of Del Mar, a municipal corporation (City), and the Del Mar Foundation, a 501(c)(3) non-profit corporation (Foundation), herein collectively referred to as the "Parties."

RECITALS
WHEREAS, under the guidance of the City's Arts Advisory Committee ("AAC") and with financial and administrative support from the Foundation, the Parties successfully implemented Phase I of the City's Temporary Outdoor Sculpture Program ("the Program") beginning in 2021, with the 23-month term of Phase I ending and the related five displayed sculptures being removed on or around August 27, 2023; WHEREAS, the Parties desire to implement Phase II of the Program, for the selection and public display of five sculptures for a term not to exceed 23 months, with installation anticipated to occur during the week of July 14, 2025, following City Council approval of the selected five sculptures for display; and WHEREAS, the purpose of this MOU is to set out the respective roles and responsibilities of the Parties in carrying out Phase II of the Program; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

1. Role of the City.
a. Oversight of the Program by the City Manager or their designee; b. Council approval of the sculptures to be publicly displayed in Phase II, taking into consideration the recommendations of the Foundation and the provisions of the City's Public Art Policy, Masterplan, and EP (Encroachment Permit).

2. Role of the Del Mar Foundation.
a. Funding Phase II of the Program, consistent with the provisions of paragraph 4 below;
b. Complying with the terms of EP21-054, including provisions relating to installation, maintenance, repair, or removal of the art pads and artworks; c. Providing insurance in a form and amount acceptable to City (Section 9 below);
d. Entering into and administering an agreement with a qualified art locator who will issue the Call for Art, conduct the initial screening of art submissions, work with the professional Art Locator on the selection of the sculptures for Phase II, coordinate with the artists, and oversee the installation and de- installation of the selected sculptures, consistent with the terms of the Public Art Policy, EP, Masterplan, and this MOU. e. Entering into and administering other agreements and contracts Attachment A 4 June 2, 2025 Item 11
Memorandum of Understanding – Del Mar Foundation
Phase II of the Temporary Outdoor Sculpture Program