Del Mar City Council
July 7, 2025

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law The Undergrounding Project Advisory Committee is seeking applicants with an interest in the citywide undergrounding project. To avoid conflicts of interest, members of the Undergrounding Project Advisory Committee cannot concurrently serve on the Measure Q Citizen Oversight Committee.

Geographic diversity is desirable and will be taken into account. What part of town do you live in? Check the neighborhood map to verify your neighborhood.
☐ North Bluff ☐ North Beach
☐ South Beach ☐ Village Center
☐ South Bluff ☐ South Hills
☐ North Hills ☐ Valley
Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.

Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.

By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.

By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. 22 July 7, 2025 Item 11

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law ________________________ _____________05/27/2025_____________ Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
23 July 7, 2025 Item 11
City of Del Mar
Sustainability Advisory Committee
Category Ex-Officio, Non-Voting Member
Jeanne Nilmini Silva-send
2nd Term May 01, 2022 - May 31, 2025
Appointing Authority City Council
Category Voting Member
Alan Sweedler
2nd Term Jul 04, 2022 - Jul 31, 2025
Appointing Authority City Council
Position Chair
Office/Role Chair
Category Voting Member
Jennifer L Anderson
1st Term Sep 19, 2022 - Jul 31, 2025
Appointing Authority City Council
Category Voting Member
Silvia De Dea
2nd Term Feb 02, 2023 - Feb 28, 2026
Position Vice Chair
Office/Role Vice Chair
Category Voting Member
Dolores Davies Jamison
1st Term Jan 08, 2024 - Jan 31, 2027
Appointing Authority City Council
Category Voting Member
Valerie Dufort-roy
2nd Term May 19, 2025 - May 31, 2028
Board Roster
Sustainability Advisory Committee Page 1 of 1
24 July 7, 2025 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Kseniia Izgarskaia, Senior Management Analyst
Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: July 7, 2025
SUBJECT: Second Reading and Adoption of an Ordinance to Eliminate the Design Review Board Ex-Officio Membership
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council adopt the Ordinance (Attachment A) amending Section

2.38.020 of the Del Mar Municipal Code eliminating the two Design Review Board ex-officio membership seats.

BACKGROUND:

The City’s quasi-judicial Design Review Board (DRB) is governed by the Del Mar Municipal Code (DMMC) Chapter 2.38 and consists of seven voting members who are Del Mar residents and who, by experience, training, education, or occupation, have demonstrated talent and interest in developing the aesthetics of environmentally sensitive design within the framework of practical considerations.

Additionally, the DRB has two ex-officio, non-voting members (one primary and one alternate) who are intended to serve as subject matter experts assisting the DRB members in their deliberations as to whether an application for a Design Review Permit is consistent with the applicable standards of review. The ex-officio, non-voting, positions rotate annually, and exofficio members serve a two-year term, while voting DRB members serve four-year terms.

On May 19, 2025, the Committee Streamlining Taskforce consisting of Mayor Terry Gaasterland and Deputy Mayor Tracy Martinez recommended several committee changes for Council’s consideration, including eliminating the ex-officio membership category from the DRB. On June 16, 2025, City Council held a public hearing and introduced an ordinance eliminating the ex-officio membership category from the DRB.

DISCUSSION/ANALYSIS:

In recent years, it has been difficult to fill ex-officio vacancies on the DRB with qualified experts (professional architect or planner as required by DMMC 2.38.020(D)). The City has been recruiting to fill the ex-officio positions on DRB unsuccessfully for over a year, with both positions remaining vacant. Per Council’s direction described above, staff closed the DRB 1 July 7, 2025 Item 12
City Council Agenda Report
Ordinance to Eliminate the DRB Ex-Officio Membership
July 7, 2025

ex-officio member recruitments on the City’s website and has prepared an ordinance amending DMMC Section 2.38.020- Membership eliminating the ex-officio DRB positions for City Council’s review and consideration. If approved, the amendment will not impact any current DRB members, as both ex-officio positions are currently vacant, and no changes are proposed to the voting membership of the DRB.

City Planning staff and consultants will continue to provide technical expertise to the DRB members, and many permit applicants bring their own architects and design professionals to the DRB hearings for their applications.

The redlined DMMC Section 2.38.020 is enclosed with this agenda report for Council’s reference as Attachment B.

If approved, the Ordinance (Attachment A) will go into effect thirty (30) days after adoption.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

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

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Review of the City’s committee structure is listed a Council-initiated work plan item for fiscal year 2024-2025 and 2025-2026.

ATTACHMENTS:

Attachment A – Proposed Ordinance Amending DMMC Section 2.38.020- Membership Exhibit A to Attachment A – Amended DMMC Section 2.38.020 (Clean) Attachment B – Redline DMMC Section 2.38.020
2 July 7, 2025 Item 12
ORDINANCE No. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING SECTION 2.38.020 OF THE CITY
OF DEL MAR MUNICIPAL CODE – DESIGN REVIEW BOARD

MEMBERSHIP
WHEREAS, the City of Del Mar Design Review Board membership is governed by the Del Mar Municipal Code Chapter 2.38.020; and
WHEREAS, the Design Review Board consists of seven voting members and includes an eighth, non-voting, ex-officio member and an ex-officio alternate, both appointed to a twoyear term based on their professional experience in architecture, landscape architecture, planning or urban design; and
WHEREAS, the City Council desires to eliminate both ex-officio, non-voting positions from the Design Review Board.

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

SECTION ONE:

The above recitals are true and correct and are incorporated by reference into this action.

SECTION TWO:

Section 2.38.020 of the Del Mar Municipal Code is hereby amended to read as shown in the attached Exhibit A, which is incorporated herein by this reference as though set forth in full at this point.

SECTION THREE
If any section, sentence, clause, or phrase of this Ordinance is determined to be invalid, illegal, or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council declares that it would have passed and adopted the Ordinance, and each section, sentence, clause, or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION FOUR
This Ordinance was introduced by the City Council on June 16, 2025.

SECTION FIVE
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 SIX
The Ordinance will take effect and be in force 30 days from the date that the City Council takes action to adopt the Ordinance.
3 July 7, 2025 Item 12
Ordinance No. XXXX

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a regular meeting held on the 7
th day of July, 2025,
____________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of 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 7 th day of July, 2025,
by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
4 July 7, 2025 Item 12
Created: 2025-05-16 16:11:22 [EST]
(Supp. No. 10, Update 2)

2.38.020 Membership.

A. The Design Review Board shall consist of seven members who are registered voters of the City of Del Mar and maintain residency within the City's municipal boundaries. Residency shall be maintained for no less than six months prior to appointment and if a Board Member ceases to reside within the City during their membership on the Design Review Board, the appointment of such person shall be deemed to have been terminated. For the purposes of this section, residency shall mean someone who maintains residence and is physically present in the City of Del Mar for no less than six months per calendar year.

B. Members shall serve staggered, four-year terms.

C. The members shall be persons who, by experience, training, education, or occupation, have demonstrated talent and interest in developing the aesthetics of environmentally sensitive design within the framework of practical considerations. (Ord. No. 767; Ord. No. 785; Ord. No. 793; Ord. No. 825; Ord No. 931, § 1, 9-18-2017) 5 July 7, 2025 Item 12
Created: 2025-05-16 16:11:22 [EST]
(Supp. No. 10, Update 2)

2.38.020 Membership.

A. The Design Review Board shall consist of seven members who are registered voters of the City of Del Mar and maintain residency within the City's municipal boundaries. Residency shall be maintained for no less than six months prior to appointment and if a Board Member ceases to reside within the City during their membership on the Design Review Board, the appointment of such person shall be deemed to have been terminated. For the purposes of this section, residency shall mean someone who maintains residence and is physically present in the City of Del Mar for no less than six months per calendar year.

B. Members shall serve staggered, four-year terms.

C. The members shall be persons who, by experience, training, education, or occupation, have demonstrated talent and interest in developing the aesthetics of environmentally sensitive design within the framework of practical considerations.

D. The Design Review Board shall also include an eighth, ex-officio member and an ex-officio alternate, both appointed to a two-year term by a majority of the City Council.

1. The ex-officio member and alternate shall be appointed based on their professional experience in architecture, landscape architecture, planning or urban design.

2. The ex-officio member, or alternate, shall assist the Design Review Board members in their deliberations as to whether an application for a Design Review Permit is consistent with the applicable standards of review. As requested, the ex-officio member, or alternate, shall also assist the members in a determination of the existence of feasible design alternatives.

However, neither the ex-officio member, nor alternate, shall participate in the votes on applications.

3. The ex-officio member, or alternate, shall not be counted for purposes of determining the existence of a quorum of the Design Review Board.

4. The ex-officio member and alternate should preferably be residents of the City but neither is required to be a resident of the City.

5. The ex-officio alternate shall serve in the absence of the ex-officio member.

6. The ex-officio member and alternate shall comply with all City of Del Mar Conflict of Interest regulations.
(Ord. No. 767; Ord. No. 785; Ord. No. 793; Ord. No. 825; Ord No. 931, § 1, 9-18-2017) 6 July 7, 2025 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Marco Camacho, Finance Manager/Treasurer
Kseniia Izgarskaia, Senior Management Analyst
Via Ashley Jones, City Manager
DATE: July 7, 2025
SUBJECT: Consideration of the 2025-2028 Memorandum of Agreement between the City of Del Mar and the Del Mar City Employees Association
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Adopt the Resolution (Attachment A) approving the Memorandum of Agreement between the City of Del Mar and the Del Mar City Employees Association (Exhibit A to Attachment A); 2) Authorize the City Manager to execute the Memorandum of Agreement; 3) Adopt the Resolution (Attachment B) approving the related revised compensation plan for General Employees; and 4) Adopt the Resolution (Attachment C) amending the City’s Personnel Rules and Regulations Manual.

BACKGROUND:

The current three-year collective bargaining agreement, known as a Memorandum of Agreement (MOA), between the City and the Del Mar City Employees Association (DMCEA) began on July 1, 2022, and expired on June 30, 2025. As such, representatives from the City and DMCEA began negotiating the terms of a new MOA starting in March 2025. Through a series of collaborative and productive meetings, the parties have reached tentative agreement to proposed terms for a new three-year MOA retroactively effective July 1, 2025, through June 30, 2028, pending City Council approval.

DISCUSSION/ANALYSIS:

The City and DMCEA underwent a process to review the salaries, benefits, and practices of other local agencies to ensure that the City continues to provide compensation that is both economically feasible and will enable the City to continue to attract and retain quality employees in a highly competitive job market.

The City and DMCEA have reached tentative agreement on the provisions of a proposed new three-year MOA, the major points of which are outlined in this agenda report below, and the full changes are shown in redline in Attachment D. A clean copy of the proposed new MOA is included as Exhibit A to Attachment A.
1 July 7, 2025 Item 13
City Council Agenda Report
DMCEA MOA 2025-2028
July 7, 2025

Term
The proposed term of the MOA between the City and DMCEA is for a three-year period beginning July 1, 2025, to June 30, 2028.

Salary Adjustments
The MOA includes a 3% cost-of-living adjustment (COLA) for all DMCEA employees for each year of the MOA effective July 1 of each year.

In addition to cost-of-living adjustments, the City routinely conducts regional salary comparisons for specific positions to ensure the City’s compensation is competitive with the San Diego labor market. Based on the regional salary analysis conducted for this round of negotiations, market adjustments to several positions are warranted as the data shows compensation for these positions has fallen out of alignment with the regional market and City Council authorized goal of maintaining salaries within 3-5% of the median.

As such, effective July 1, 2025, the MOA also includes one-time variable market adjustments of:

Utility Worker I - 13.3%
Utility Worker II - 5.1%
Water Utility Specialist II - 21.1%
Wastewater Utility Specialist I - 4%
Accounting Technician II - 2%
Maintenance Worker - 1.2%
The City will implement salary increases in accordance with the City’s standard practice which will result in variable salary increases depending on an incumbent’s current step and compensation.

Given the highly competitive and challenging market for recruiting and retaining quality personnel and a significant increase to median regional salaries, these market adjustments are intended to decrease the disparity between Del Mar salaries and the regional median and to help the City recruit and retain high quality employees.

Health Benefits
The MOA includes an increase of 4% to the City’s cafeteria contribution for health benefits as of July 1, of each year of the Agreement, which is consistent with scheduled increases for other City employee groups and past increases to City cafeteria contributions. Each year prior to open enrollment, the City works with an insurance broker to evaluate costs and plans available through multiple insurance providers to ensure that employees have access to quality healthcare at an affordable rate. Typically, health plan premiums increase each year at a variable rate depending on health insurance market conditions. This year, health plan premiums are increasing between 10-25% depending on the selected insurance plan.

The MOA includes a stipulation to the cafeteria provision for Fiscal Years 2026-2027 and 2027-2028, whereby if City’s insurance rates decrease or stay the same, the cafeteria amounts will only be increased by 2%, as opposed to the 4% included in the MOA. 2 July 7, 2025 Item 13
City Council Agenda Report
DMCEA MOA 2025-2028
July 7, 2025

Additionally, the MOA includes an administrative clarification regarding offering skin cancer screening for all field employees, eliminating the requirement for the screening to be performed on City premises, as it can be difficult to find an occupational service provider that can come out onsite.

Education Incentives
The City currently provides education incentive pay to fire employees who possess an associate or bachelor’s degree, but does not provide education incentives to general employees. While a regional comparison shows education incentives are not typically provided to employees in the classifications represented by DMCEA, the City recognizes the benefit of having educated employees in certain non-degree required classifications which can result in better performance, ability to promote into degree-required positions in the future, ability to handle more complex out-of-class assignments, and other benefits to the City.

The proposed 2025-2028 MOA includes a new provision for DMCEA employees that allows staff in eligible classifications with qualifying degrees to receive an educational stipend of $100 per month for an associate’s degree, or $200 per month for a bachelor’s degree. The benefit is consistent with education incentives offered to fire employees under their MOA and achieves the City’s goal of offering consistent benefits across employee groups when possible and practical.

Standby Pay
The City requires two Public Works employees to be on standby each day for after-hours emergencies. The designated standby employees must respond immediately to calls and be readily available during the standby period. The proposed MOA includes an increase to standby pay from $45/day to $55/day for regular shifts, and from $80/day to $100/day for holiday shifts. A survey of similar positions in the region receiving standby pay indicates this increase in this amount is fair and aligned with regional practices. Additionally, the proposed MOA includes administrative clarification related to trading of standby shifts among employees.

Classification Amendment – Facilities Coordinator I/II (Non-MOA Item) Currently, most DMCEA represented positions are multi-level, for example: Utility Worker I/II, Parking Enforcement Officer I/II, etc. Facilities Coordinator is an exception and does not have a level II. As part of the negotiations with the DMCEA, the City recommends amending the classification and making it multi-level to be consistent with most other DMCEA classifications and to provide growth and promotional opportunity within the classification.

To implement this change, Facilities Coordinator II (Grade G128) is added to the proposed compensation plan (Exhibit A to Attachment B), and the City will amend the job description accordingly through a meet and confer process with DMCEA. The change will not impact the current Facilities Coordinator incumbent’s compensation. 3 July 7, 2025 Item 13
City Council Agenda Report
DMCEA MOA 2025-2028
July 7, 2025

Longevity Pay (Non-MOA Item) and Other Personnel Rules Updates Del Mar is one of the few agencies in the County that provides longevity pay to employees.

Longevity pay was implemented in 2018 and applies to all City employees in accordance with the City’s Personnel Rules and Regulations Manual (Personnel Rules). The longevity pay program is part of the City’s efforts to retain and show appreciation to long-time, dedicated City staff. The City’s current longevity amounts range from a one-time bonus of $200 for 15 years of service to $350 for 30 years of service. As part of the negotiations with the DMCEA, the City recommends increasing the longevity bonus amount by $200 for each of the designated milestones.

Additionally, outside of the DMCEA negotiation process, staff is recommending amending Personnel Rules Section 10.04 – Meal Allowance, increasing meal reimbursement to staff from $10 to $18 to be better aligned with market prices. This allowance can be used by employees in case of emergencies when an employee is unexpectedly officially ordered to work at least two hours outside of their normal work schedule, under conditions that do not allow the employee to go home for a meal. The proposed revisions include clarifications to better align the City’s Personnel Rules with the City’s needs and current practice.

To implement these changes, City Council is asked to adopt a Resolution (Attachment C) amending the City’s Personnel Rules Section 9.17 – Longevity Pay and 10.04 – Meal Allowance. The changes to Personnel Rules are shown in redline in Attachment E.

FISCAL IMPACT:

The annual costs associated with the MOA for the total three-year agreement period are summarized in the table below.

Cost FY25-26 FY26-27 FY27-28
COLA Adjustment $ 64,500 $ 68,000 $ 71,200
Market Adjustments 36,200 - -
Cafeteria Benefit 14,900 15,500 16,400
Footwear Increase 150 150 150
Standby Pay Increase 8,900 8,900 8,900
Education Stipend 8,600 8,600 8,600
Longevity Pay 200 200 200
Annual Total 133,450 101,350 105,450
As noted in the June 16, 2025, staff report for the adoption of the Fiscal Years (FY) 2025- 2026 and 2026-2027 Operating and Capital Budget, the total costs of the new MOA were not included in the budget. In an effort to achieve the City’s goal of offering consistent benefits across employee groups when possible and practical, only the COLA and Cafeteria adjustments were included for fiscal planning purposes.

Therefore, the adoption of this MOA will require an additional budget adjustment for the FY 2025-2026 and 2026-2027 Operating and Capital Budget to reflect the additional negotiated 4 July 7, 2025 Item 13
City Council Agenda Report
DMCEA MOA 2025-2028
July 7, 2025

MOA items in the following amounts: $54,050 for FY 2025-2026, and $17,850 for FY 2026- 2027. The adjustment for FY 2026-2027 will be included in the Budget Update report that will be presented to the City Council for approval in June 2026.

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.

ATTACHMENTS:

Attachment A – Resolution Approving the DMCEA and City of Del Mar MOA FY 2025-2028 Exhibit A to Attachment A – Memorandum of Agreement (final) Attachment B – Resolution Adopting the Compensation Plan for General Employees Exhibit A to Attachment B – Compensation Plan
Attachment C - Resolution Amending Personnel Rules and Regulations Manual Exhibit A to Attachment C – Personnel Rules Sections 9.17 and 10.14 Attachment D – DMCEA MOA FY 2025-2028 (redline)
Attachment E – Personnel Rules Sections 9.17 and 10.14 (redline) 5 July 7, 2025 Item 13
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, APPROVING THE MEMORANDUM OF

AGREEMENT BETWEEN THE CITY OF DEL MAR AND THE

DEL MAR CITY EMPLOYEES ASSOCIATION FOR THE PERIOD
JULY 1, 2025, THROUGH JUNE 30, 2028
WHEREAS, the Employer-Employee Relations Resolution (Resolution 90-20) of the City of Del Mar establishes procedures for the meet-and-confer process to take place between the City’s management representatives and representatives of recognized employee organizations, all in accordance with the provisions of the MeyersMilias-Brown Act and applicable laws; and WHEREAS, the City of Del Mar, through its management representatives, has met and conferred in good faith with the Del Mar City Employees Association (DMCEA), the representatives of each have exchanged information freely, opinions, and proposals on matters regarding wages, hours, and other terms and conditions of employment for employees in the DMCEA; and
WHEREAS, during the meet-and-confer process, the City Council has fully considered the proposals, information, opinions, and recommendations made by the Association on behalf of the employees in the DMCEA; and WHEREAS, the City and DMCEA representatives have agreed on the term of the Memorandum of Agreement to be July 1, 2025, through June 30, 2028; and WHEREAS, the City and DMCEA representatives have agreed upon the adjustments to benefits and working conditions as contained in the attached Memorandum of Agreement, Exhibit A to this Resolution; and WHEREAS, the Association has ratified the Memorandum of Agreement for the period July 1, 2025, through June 30, 2028; and
WHEREAS, the City’s representatives have recommended that the City Council adopt the Memorandum of Agreement between the City of Del Mar and DMCEA.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the Memorandum of Agreement between the City of Del Mar and the DMCEA, for and on behalf of the employees in the City’s General Employees Bargaining Unit (DMCEA), is hereby adopted and attached hereto as Exhibit A and incorporated herein.

BE IT FURTHER RESOLVED, that the City Manager is authorized and directed to execute the Memorandum of Agreement.
6 July 7, 2025 Item 13
Resolution No. 2025-XX

BE IT FURTHER RESOLVED, that the City Manager is authorized and directed to implement and administer the Memorandum of Agreement and to execute, on behalf of the City Council, and administer any supplements or modifications to the Memorandum of Agreement, which may be necessary from time to time.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 7
th day of July, 2025.
___________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2025-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 7th day of July, 2025, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
7 July 7, 2025 Item 13
Memorandum of Agreement
between the
City of Del Mar
and the
Del Mar City Employees Association
for the
General Unit
July 1, 2025 through June 30, 2028
8 July 7, 2025 Item 13
Del Mar City Employees Association 2
2025
Table of Contents
Preamble........................................................................................................... 2 Article 1 - Recognition ....................................................................................... 3 Article 2 - Implementation.................................................................................. 3 Article 3 - City Rights......................................................................................... 3 Article 4 - Employee Rights ............................................................................... 4 Article 5 - Union Access .................................................................................... 4 Article 6 - Bulletin Boards .................................................................................. 4 Article 7 - General Provisions............................................................................ 4 Article 8 - Payroll Deduction and Union Dues ................................................... 5 Article 9 - Wages............................................................................................... 6 Article 10 - Health Insurance ............................................................................. 6 Article 11 - Insurance Committee ...................................................................... 8 Article 12 - Dental Insurance ............................................................................. 8 Article 13 - Life Insurance.................................................................................. 8 Article 14 – Short and Long Term Disability Insurance ..................................... 8 Article 15 - Deferred Compensation .................................................................. 9 Article 16 - Retirement....................................................................................... 9 Article 17 - Work Clothes................................................................................... 10 Article 18 - Required Footwear and Safety Eyewear......................................... 10 Article 19 - Standby........................................................................................... 10 Article 20 - Certification Program ...................................................................... 11 Article 21 - Personnel Rules and Regulations ................................................... 11 Article 22 - Grievance Procedure ...................................................................... 11 Article 23 - Concerted Activities ........................................................................ 13 Article 24 - Severability...................................................................................... 13 Article 25 - Agreement, Modifications, & Waivers ............................................. 14 Article 26 – Labor-Management Relations Committee...................................... 14 Article 27 – Workers Compensation and Safety Committee.............................. 14 Article 28 - Authorized Agents........................................................................... 15 Article 29 - Renegotiations ................................................................................ 15 Article 30 - Survey Market................................................................................. 15 Article 31 – Education Incentive ........................................................................ 15 Article 32 - Term................................................................................................ 16 Article 33 - Signatures....................................................................................... 16 Exhibit A............................................................................................................ 17 9 July 7, 2025 Item 13
Del Mar City Employees Association 3
2025
Preamble
This Agreement is made and entered into by and between the City of Del Mar (hereinafter "City") and the Del Mar City Employees Association (hereinafter "Union").

This Agreement is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500-3511) and has been prepared jointly by the City and the Union.

It is the purpose of this Agreement to achieve and maintain harmonious relations between the City and the Union to provide for equitable and peaceful adjustment of differences which may arise, and to establish proper standards of wages, hours and other conditions of employment.

Representatives of the City and the Union have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment and have exchanged freely information, opinions and proposals in a sincere effort to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

The parties agree that this Preamble is not subject to the grievance procedure.

Article 1 - Recognition

1.1 The City recognizes the Union as the exclusive representative for all classes assigned to the General Unit as well as such classes that may be added to this unit by mutual agreement of the parties.

1.2 All provisions and benefits of this Agreement shall be applicable to employees in classes in the above-mentioned bargaining unit, unless specifically provided otherwise herein.

1.3 The classes in this unit are listed in the City of Del Mar General Employee Compensation Plan.

Article 2 - Implementation

2.1 This Agreement constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Agreement by the members of the Union.

2.2 If approved by the City Council, the City shall act in a timely manner to make the necessary changes to resolutions, rules, policies and procedures to implement and conform to this Agreement.

Article 3 - City Rights

3.1 It is agreed the City shall have the right to:

A. Determine the mission of its constituent departments, commissions, and boards; B. Determine the procedures and standards of selection for employment and promotions; C. Direct its employees, take disciplinary action for just cause; D. Relieve its employees from duty because of lack of work or for other legitimate reasons; E. Maintain the efficiency of governmental operations;
F. Determine the methods, means and personnel by which government operations are to be conducted;
G. Determine the content of job classifications;
H. Take all necessary actions to carry out its mission in emergencies; I. Exercise complete control and discretion over its organization and the technology of performing its work.
10 July 7, 2025 Item 13
Del Mar City Employees Association 4
2025

3.2 The exercise of such rights shall not preclude the Union from conferring with management representatives about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment.

3.3 Except in an emergency, management decisions shall not supersede the provisions of this Agreement.

3.4 Actions taken by management to meet an emergency that are not in compliance with this Agreement shall be in effect only for the duration of the emergency.

Article 4 - Employee Rights

4.1 It is agreed that each individual employee shall have the following rights which he/she may exercise in accordance with applicable laws, ordinances, and rules and regulations.

4.2 The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal on the part of the management representatives, the supervisor, other employees, or employee organizations, with respect to his/her membership or non-membership in any employee organization or with respect to any lawful activity associated therewith which is within the scope of representation.

Article 5 - Union Access

5.1 Authorized Union representatives shall be granted access to work locations for the purpose of conducting grievance investigations or contacting members of the Union concerning business within the scope of representation.

5.2 Union representatives shall not interfere with the work operations of the City.

5.3 Union representatives have the right to meet with employees only during coffee, rest, or lunch breaks at a public City facility as may be available.

5.4 It is agreed that the Union may use City facilities to conduct general meetings when such facilities are available, as determined by the City.

Article 6 - Bulletin Boards

6.1 It is agreed that the City will allow bulletin boards in agreed upon places for the use of the Union in posting appropriate notices and announcements of meeting, elections, social activities and any other Union official business.

6.2 Prior to posting, such notices shall be initialed by an authorized Union representative or shall appear on official Union letterhead.

6.3 Such notices shall not ridicule, or defame managers, officers, or agents of the City.

Article 7 - General Provisions

7.1 No Discrimination:

There shall be no discrimination against any personnel or applicant because of race, color, marital status, non-job related medical condition, religion, sex, age, national origin, ancestry, sexual orientation, or non-job related handicap or disability. 11 July 7, 2025 Item 13
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7.2 Personnel Folder:

A. Employees shall have the right to review their individual personnel folder.

B. Access shall be scheduled at the convenience of the parties.

C. Except for information received as part of the recruitment process, no derogatory information shall be placed in an employee’s folder without notifying the employee and giving the employee an opportunity to read and initial the information. After receiving notice of information to be added, if the employee disagrees with the information, he or she has the right to file a written rebuttal which will also be placed in the employee’s folder.

D. Upon request, an employee may have a copy of information in his/her file, with the exception of information received during the recruitment process.

7.3 Negotiating Team:

The City agrees to provide reasonable time off without loss of pay, during scheduled work hours, for representatives of the Union when said representatives are negotiating on matters within the scope of representation.

7.4 Grievance Representative:

A. A representative of the Union shall be allowed to be present at the request of any employee, at any meeting with management involving a grievance, or any pre-disciplinary matter.

B. The representative shall not interfere with normal work operations of the Department.

7.5 Americans with Disabilities:

A. The parties recognize that the City may be required to make accommodations in order to carry out its obligations under the Americans with Disabilities Act (ADA). Some of these accommodations may require actions which are contrary to the language or intent of existing provisions of this agreement. In such cases, the parties agree that such accommodation shall not constitute a "past practice" or waiver by either party of its right to fully enforce such provisions in the future with regard to persons not subject to the protections of the ADA.

B. The parties recognize that circumstances surrounding ADA compliance in individual cases may involve matters which are personal and require the utmost confidentiality. Specifics of an individual case may not be divulged by the City.

Article 8 - Payroll Deduction and Union Dues

8.1 Following the approval of the Agency Shop by a majority vote of the employees on March 16, 2004, the City implemented an Agency Shop for all General Employee Classifications effective April 26, 2004 in accordance with the applicable state law. The City and Union acknowledge that litigation pending before the United States Supreme Court, Janus v. American Federation of State, County, and Municipal Employees Council 31, may affect the validity of agency shop arrangements. If agency shop is held invalid by operation of law or any court of competent jurisdiction, Article 8.2 and 8.3 remain in effect provided that and to the extent they are not similarly invalidated by or inconsistent with such ruling or applicable laws. 12 July 7, 2025 Item 13
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8.2 Remittance of the aggregate amount of all dues and other proper deductions made from the salaries of employees covered hereunder shall be made to the Union by the City.

8.3 It is not the intent of this article to alter the current practice of remitting dues and other deductions to the Union.

Article 9 - Wages

9.1 Salary adjustments are scheduled as follows during the term of the agreement, effective the first pay period where July 1
st of each year of the MOA falls:

July 2025: 3%
July 2026: 3%
July 2027: 3%

9.2 Effective July 1, 2025, the following classifications covered by this Agreement shall receive a market adjustment to the base salary as follows:

Utility Worker I 13.3%
Utility Worker II 5.1%
Water Utility Specialist II 21.1%
Wastewater Specialist I 4%
Accounting Technician II 2%
Maintenance Worker 1.2%

9.3 The City will implement salary increases for employees in the classifications identified in Section

9.2 in accordance with the City’s standard practice which will result in variable salary increases depending on an incumbent’s current step and compensation. Market adjustments are effective the first pay period following City Council approval of the MOA.

Article 10 - Health Insurance

10.1 The parties agree the City has the right to provide this insurance by self-insurance, through an insurance company, or by any other method which provides the coverage outlined. Unless otherwise recommended by the insurance committee, the City shall make health insurance plans with at least (2) insurance providers available for employees. Plan options will include those with copays of $20 or higher to help stabilize premium costs.

10.2 Prior to changing the current method of coverage, the City shall discuss the change with the Union.

10.3 Contingent Health Insurance Re-Opener: During the term of this agreement and in the interest of working with employees regarding alternative and/or additional health plan providers and/or plan program definitions, the City may in its discretion, re-open specific sections of Article 10 – Health Insurance as it deems appropriate. The scope of this re-opener shall be identified in its notice to the Union and offer to meet and confer.

10.4 City Contribution to Health Insurance:

During the term of this Agreement, the City shall make monthly contributions toward health and dental insurance premiums as provided in the table below, which represents a 4% increase to the City’s contribution annually:
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Coverage July 1, 2025 July 1, 2026* July 1, 2027*
Employee Only $1,279 $1,330 $1,384
Employee +1 $1,572 $1,635 $1,701
Employee + 2 $1,670 $1,737 $1,807
*In the event the majority of the City’s insurance plans’ premium rates decrease or stay the same in years beginning on July 1, 2026, and July 1, 2027, the cafeteria amounts will be increased by 2% instead of the 4% provided in the table above.

In the event that the total cost of benefits selected exceeds the allowance, the difference shall be deducted from the employee's salary as a "salary reduction" item; i.e., paid with pre-tax dollars. If the allowance exceeds the total cost of benefits selected, the difference shall be paid to the employee in cash.

Opt Out Provision: Employees who verify proof of coverage by an outside plan may opt out of City coverage and be eligible for the Opt Out Provision ($400 per month). In the event the Opt Out provision has a negative impact on the City’s ability to obtain health coverage due to declining enrollment in the health plans, the City Manager has the authority to terminate the Opt Out provision.

10.5 It is intended that City’s contribution for health and dental benefits as set forth in this Agreement, match those provided to the Del Mar Firefighter’s Association (DMFA) during the term of this Agreement. If the DMFA , or any other bargaining unit, receives a more desirable health care package than the existing plan with the Union, such benefits shall also be offered to the Union as a “most favored nations” (MFN) on health care provisions; including Opt Out Provisions.

10.6 The City shall provide each employee a summary of the coverage for the plan under which the employee is covered.

10.7 During the term of this agreement, the City acknowledges that the general employees may decide as a group to add acupressure/acupuncture and therapeutic massage to the current chiropractic benefit with any additional cost paid by employees via a payroll deduction.

10.8 Employees who retire from the City of Del Mar will have the opportunity to bear the entire cost of their access to the City’s health insurance programs and that continued access to health insurance benefits will require the approval of existing health insurance providers which is believed likely but not guaranteed by the City. In making any amendments to such contracts City shall have the right to agree to those terms and conditions to such amendments, if any, necessary to implement this benefit, so long as any such amendments provide access to health insurance programs as contemplated herein.

In the event the current health insurance providers deny retiree access to health insurance benefits at any time during the term of this Agreement, the City shall have no obligation to contract for additional health insurance programs which provide access to health insurance benefits for retirees. Nothing herein contained is intended to guarantee the availability of any particular health insurance program to be offered to City’s employees and retired employees.

The retiree health insurance availability is at the sole discretion of the City Manager and can be terminated at any time.

10.9 The City will offer skin cancer screening for all field employees in the Public Works, Community Services, and Planning & Community Development (Code Enforcement Division) departments at least once per year, and at no cost to the employees. 14 July 7, 2025 Item 13
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Article 11 - Insurance Committee

11.1 The City and the Union shall establish a committee, with no more than three representatives each, to investigate and evaluate health coverage plans, provisions and premiums in an effort to make available to City employees a reasonable plan at the lowest possible cost.

11.2 The committee shall meet annually prior to the renewal of the plan coverage to conduct its investigation and evaluation. The findings and recommendations of the committee shall be advisory in nature and shall be presented to the City Manager. Failure of the committee to present recommendations in a timely manner shall not preclude the City from taking necessary action.

Article 12 - Dental Insurance

12.1 The parties agree the City has the right to provide this insurance by self-insurance, through an insurance company, or by any other method which provides the coverage outlined.

12.2 Prior to changing the current method of coverage, the City shall discuss the change with the Union.

Article 13 - Life Insurance

13.1 The parties agree the City has the right to provide this insurance by self-insurance, through an insurance company, or by any other method which provides the coverage outlined.

13.2 Prior to changing the current method of coverage, the City shall discuss the change with the Union.

13.3 The City shall provide term life insurance coverage for each employee in the amount of onetimes the annual salary at top step of their salary range, not to exceed $50,000. Employees may, through payroll deductions, purchase dependent coverage in the amount of $5,000 for their spouse and children.

13.4 The City agrees to continue to provide the third level of the 1959 Survivor Benefit through its PERS contract.

Article 14 – Short and Long Term Disability Insurance

14.1 The parties agree the City has the right to provide this insurance by self-insurance, through an insurance company, or by any other method which provides the coverage outlined.

14.2 Prior to changing the current method of coverage, the City shall discuss the change with the Union.

14.3 The City shall make available Short and Long Term Disability Insurance coverage in the amount of approximately 66 2/3% of monthly compensation for each employee. Such coverage shall be provided in accordance with the group policy and the insurance company/administrator.

14.4 The City shall pay the required payroll deduction for the Short Term (STD) and Long Term Disability (LTD) programs on behalf of the employee.
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Article 15 - Deferred Compensation

15.1 Employees shall continue to have the option of participating in the City's deferred compensation plan.

15.2 The City has the option of changing plans or providers, however, prior to making any such change, the City shall notify the Union and shall discuss the reasons for the change.

Article 16 - Retirement

16.1 The City provides retirement benefits to employees through the California Public Employee Retirement System (CalPERS). All of the CalPERS employee retirement tier plans listed below include Section 20862.8 Credit for Unused Sick Leave.

16.2 CalPERS Retirement Tiers
Classic 1st Tier:

Any Miscellaneous (non-other safety) employee hired before June 25, 2012, shall receive a retirement formula of 3% @ 60 Retirement Benefit. Employees shall be required to contribute the full 8% share of the Employee rate.

Any Other Safety employee hired before January 1, 2013, shall receive a retirement formula of 2% @ 50 Retirement Benefit. Employees shall be required to contribute the full 9% share of the Employee rate.

Classic 2nd Tier:

Any new Miscellaneous (non-other safety) employee hired after June 25, 2012, with reciprocity, shall receive a retirement formula of 2% @ 60 Retirement Benefit. Employees shall be required to contribute the full 7% share of the Employee rate.

Public Employees Pension Reform Act 2013 (PEPRA) Tier:

Any new Miscellaneous (non-other safety) employee hired after January 1, 2013, shall receive a retirement formula of 2% @ 62 Retirement Benefit. Employees shall be required to contribute half of the base total normal cost, evaluated every year. The current required employee contribution is 6.5%.

Any new Other Safety employee hired after January 1, 2013, shall receive a retirement formula of 2.7% @ 57 Retirement Benefit. Employees shall be required to contribute half of the base total normal cost, evaluated every year. The current required employee contribution is 12%.

16.3 An employee has no option to receive the contributed amounts directly instead of having them paid by the City to PERS on behalf of the employee.

16.4 The Union understands and agrees that employees bear the risk of payment of any increases in the employee contributions above the current percentage made by action of the PERS or the state legislature.

16.5 Parties agree that City payment of PERS contributions is made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS.

16.6 Should current tax treatment change, the Union and the employee shall hold harmless the City, its officers and agents from any and all claims or costs of any type including but not limited to liability for back taxes, arising out of this agreement to pay part of the employee's PERS contribution.
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16.7 Should current tax treatment change, the Union shall have the opportunity to meet and confer regarding any such changes.

Article 17 - Work Clothes

17.1 The City shall continue to provide work clothes for those jobs where work clothes are currently provided and for such new jobs as determined by the City.

17.2 Such work clothes shall be of a color and design determined by mutual agreement. However, if the parties can't reach mutual agreement, the determination shall be made by the City.

Article 18 - Required Footwear and Safety Eyewear

18.1 Employees required by the City to wear protective footwear for safety reasons, shall continue to be reimbursed for the purchase of such footwear.

18.2 Employees shall be reimbursed for up to two (2) such purchases each fiscal year to a maximum of $150.00 per purchase.

18.3 The footwear shall, at minimum, have the safety features required by the City.

18.4 Field employees in the Public Works, Community Services, and Planning & Community Development (Code Enforcement Division) departments shall receive one pair of polarized sunglasses, and polarized safety glasses, as deemed appropriate and necessary by the Department Director, annually following the start of the new fiscal year. Replacements for lost or damaged sunglasses must be approved by the Department Director.

18.5 The sunglasses shall, at a minimum, have the safety features required by the City.

18.6 Parking Enforcement Officers I/II and Beach and Community Patrol Officers I/II will be reimbursed up to $150 annually for the purchase of work footwear. Footwear must be sturdy closed toed shoes appropriate for walking and riding a bicycle.

Article 19 - Standby

19.1 Standby duty is defined as that circumstance which requires an employee assigned by management to:

A. Be ready to respond immediately to a call for service; B. Be readily available at all hours by telephone or other agreed-upon communication equipment; and
C. Refrain from activities which might impair his/her assigned duties upon call.

19.2 Effective July 1, 2025, an employee assigned by management to standby duty shall receive $55 per day. An employee assigned by management to standby duty on a city holiday shall receive a total of $100 per day.

19.3 Employees may mutually agree to trade assigned standby shifts with advanced approval of management.
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Article 20 - Certification Program

20.1 Optional Certifications: An employee in an eligible classification who has successfully obtained, at his/her own cost, certifications/licenses that provide a direct benefit to the City by enhancing the employee’s knowledge and skills above those required by the employee’s job classification, and as approved by the City, shall receive $35 per month for each Optional Certification, up to a maximum of $140 per month (or four Optional Certifications). When an employee receives compensation for obtaining an Optional Certification, the employee may be expected to utilize his/her knowledge from the Certification when needed by the City on an incidental basis.

20.2 Expired Certificates: Certification pay shall be applicable only during the term of the certificate and shall expire at the end of the pay period that includes the expiration date of the certificate.

Employees are responsible for resubmitting requests for certification pay once they have renewed their certificate.

20.3 Certifications eligible under this Article are listed in Exhibit A of this Agreement. Additional Optional Certifications may be added upon mutual agreement between the City and the Union.

However, if the parties do not reach mutual agreement, the determination shall be made by the City.

20.4 Required Certifications: The City agrees to reimburse the employee for the tuition, exam, and certification fees upon successful completion for required certifications when the certification is a mandatory requirement of the employee’s job duties.

20.5 Required Training: When an employee is required by the City to attend a training course for a required certification, the employee shall make a reasonable effort to attend the class during regular work time. If this is not possible, a reasonable effort will be made by the employee’s supervisor to modify the employee’s work schedule to allow for time off on a regularly scheduled work day to allow for the duration of attendance at the required training. This flexible scheduling shall occur during the employee’s designated seven-day work period under the Fair Labor Standards Act. In the event such flexible scheduling is not possible, the employee shall be paid his/her regular hourly rate for the hours attending the required training. This section shall not apply to college coursework eligible for Tuition Reimbursement including coursework leading to an Associate of Arts in Water/Wastewater covered by Section 20.3.

Article 21 - Personnel Rules and Regulations

21.1 The rules, regulations, policies and general working conditions governing employment for employees covered by this agreement are as set forth in the City Personnel Manual.

21.2 If during the term of this agreement the City desires to amend the Personnel Manual the City shall give notice to the Union of the proposed changes. Representatives of the City and the Union shall meet and confer in a timely manner. If an agreement is not reached the City reserves the right to proceed by management direction.

21.3 Hours, wages and general working conditions contained in the City Personnel Manual are the proper subject of the Grievance Procedure.

Article 22 - Grievance Procedure
General Provisions

22.1 "Grievance" is defined as an alleged violation, misinterpretation, or misapplication of this Agreement, which adversely effects an employee(s).
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22.2 "Grievant" is an employee or a group of employees.

22.3 Time limits may be waived by mutual written agreement of the parties.

22.4 If time limits are not met, the grievance may be advanced to the next step at the option of the party waiting for the response.

22.5 A grievant may be represented by a representative of his/her own choice at any step in the presentation of his/her grievance.

22.6 No reprisal shall be taken against any employee for the legitimate use of this procedure.

22.7 A grievance shall be filed in writing within thirty (30) calendar days of the date on which the employee knew or reasonably should have known of the alleged grievable incident.

22.8 Any grievance not timely filed or appealed within specified time limits, shall be null and void.

Procedure

22.9 STEP 1: The grievant shall first attempt to resolve the problem through discussions with his/her immediate supervisor.

22.10 Such discussions shall be initiated within the time period defined in 22.7 above.

22.11 The parties shall make a sincere effort to resolve the problem at this step in a prompt and expeditious manner.

22.12 STEP 2: If the problem is not resolved at Step 1 and the grievant wishes to appeal, the grievant shall file a written grievance within the time limits defined in 22.7 above with his/her immediate supervisor.

22.13 Such grievance shall be filed on the form provided by the City and the form shall be completely filled out in clear, factual and concise language.

22.14 Each party has the option of requesting a meeting to discuss the grievance.

22.15 The supervisor shall respond in writing to the grievance within seven (7) days of receipt of the grievance.

22.16 STEP 3: If the problem is not resolved at Step 2 and the grievant wishes to appeal, the grievant shall file a written appeal with his/her department head within seven (7) days of the supervisor's response.

22.17 Such appeal shall be filed on the form provided by the City and shall state the reasons the answer at the previous step was not acceptable.

22.18 The department head shall hold a meeting with the employee to discuss the grievance.

22.19 The department head shall respond in writing to the grievance within seven (7) days of receipt of the grievance.
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22.20 STEP 4: If the problem is not resolved at Step 3 and the grievant wishes to appeal, the grievant shall file a written appeal with the City Manager or his/her designee within seven (7) days of the department head's response.

22.21 Such appeal shall be filed on the form provided by the City and shall state the reasons the answer at the previous step was not acceptable.

22.22 The City Manager or designee shall hold a meeting with the employee to discuss the grievance.

22.23 The City Manager or designee shall respond in writing to the grievance within ten (10) days of receipt of the grievance.

Mediation

22.24 STEP 5: If the problem is not resolved at Step 4 and the grievant wishes to appeal, the grievant shall, within ten (10) days from the response of the City Manager, request that the City Manager set up a mediation.

22.25 A State Mediator shall mediate the dispute according to the normal rules governing mediation.

22.26 There shall be no cost to the parties.

Article 23 - Concerted Activities

23.1 It is agreed that there will be no strike, work stoppage, slow-down, picketing or refusal or failure to full and faithfully perform job functions and responsibilities, or other interference with the operations of the City by the Union or by its officers, agents, or members during the term of this Agreement, including the recognition of picket lines or additional compliance with the request of other labor organizations to engage in such activity.

23.2 Union recognizes the duty and obligation of its representatives to comply with the provisions of this Agreement and to make every effort toward inducing all employees to do so.

23.3 In the event of a strike, work stoppage, slowdown, or other interference with the operations of the City by employees who are represented by the Union, the Union agrees in good faith to take all necessary steps to cause those employees to cease such action.

23.4 It is agreed that any employee violating this Article may be subject to discipline up to and including terminations by the City.

Article 24 - Severability

24.1 This Agreement is subject to all current and future applicable Federal, State, and local laws.

24.2 All City ordinances, rules and regulations and policies shall be subject to the appropriate revisions, amendments and deletions necessary to conform with the purpose, intent and application of the Articles of this Agreement.

24.3 If any Article or section of this Agreement is found by a Court of competent jurisdiction to be in conflict or inconsistent with such applicable provisions of Federal, State, or local laws, the parties shall, where applicable, meet and confer for the purpose of arriving at a mutually agreeable replacement for such Article or section.

24.4 The validity of the remainder of this Agreement shall not be affected thereby. 20 July 7, 2025 Item 13
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Article 25 - Agreement, Modifications, & Waivers

25.1 This Agreement sets forth the full and entire agreement of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements over these matters between parties, whether formal or informal, are hereby superseded or terminated in their entirety.

25.2 Except as specifically provided herein, it is agreed and understood that the parties hereto shall not be required, but do reserve the right upon mutual agreement, to negotiate with respect to any subject or matter covered herein or with respect to any other matters within the scope of representation, during the term of this Agreement.

25.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed by all parties hereto.

25.4 The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

25.5 In the event of an unanticipated significant economic crisis, as determined by the City, the following provisions shall apply. During the term of this agreement, the Union agrees to meet and confer in good faith, at the request of the City, on new changes in wages and City-paid benefit contributions provided for in this agreement. The City shall give the Union notice and provide an opportunity to meet prior to implementation. The parties shall meet promptly and endeavor to reach an agreement in a timely manner. If an agreement is not reached, the impasse procedure included in the City’s Employee Relations Resolution shall apply.

Article 26 – Labor-Management Relations Committee

26.1 The City and Union shall establish a Labor-Management Relations Committee, with no more than two representatives each, unless mutually agreed to, in an effort to discuss workplace issues of mutual concern. The Union President and one other member if necessary shall meet with the City Manager and/or his/her representative quarterly at a mutually agreeable time and place.

Article 27 – Workers Compensation and Safety Committee

27.1 In the event of a work related medical injury involving Workers Compensation, an employee will receive Workers Compensation salary directly and may utilize his or her accrued leave to achieve full salary. Employees on a work related medical leave will continue to accrue sick leave during the course of their medical leave. Employees on a work related medical leave will accrue vacation leave during the course of their medical leave only on the portion of their leave used to achieve full salary. The City will continue to pay contributions for benefits including health, dental, life insurance and PERS per the current practice.

27.2 The City and the Union shall establish a separate committee, with no more than two representatives each, in an effort to evaluate and improve workplace safety. The Union’s appointees shall include an employee of the Public Works Department and an employee working at City Hall.

27.3 The safety committee shall meet annually or more frequently upon request. The findings and recommendations of the committee shall be advisory in nature and shall be presented to the City 21 July 7, 2025 Item 13
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Manager. Failure of the committee to present recommendations in a timely manner shall not preclude the City from taking necessary action.

Article 28 - Authorized Agents

28.1 For purposes of administering the terms and provisions of this Agreement:

A. City's principal authorized representative shall be the City Manager or his/her duly authorized representative.

Address: 1050 Camino del Mar
Del Mar, CA 92014
B. The Union's principal authorized agent shall be either (1) the President of the Del Mar City Employees Association or (2) the Principal Associate of City Employees Associates.

Address: President Principal Associate
Del Mar City Employees Assn City Employees Associates
1050 Camino del Mar 2918 East 7th Street
Del Mar, CA 92014 Long Beach, CA 90804
Article 29 - Renegotiations

29.1 In the event the Union desires to negotiate on the provisions of a successor Agreement, it shall serve upon the City, during the month of January of the last year of this Agreement, its written request to commence negotiations and its initial written proposals for such successor Agreement.

29.2 Negotiations shall begin at a time mutually agreeable to the parties.

Article 30 - Survey Market

30.1 The DMCEA acknowledges the City’s consistent and long-standing practice of surveying the entire San Diego County region for employee salary and benefit data and, in the spirit of cooperation and collaboration, the Parties agree to share, review and provide feedback on the data collected by each Party with each other during negotiations.

Article 31 – Education Incentive

31.1 Employees in the following classifications: Administrative Assistant I/II, Accounting Technician I/II, and Utility positions (with water and wastewater-related degree) with an Associate of Arts (AA) or Associate of Sciences (AS) degree shall receive an additional one-hundred dollars ($100) per month, in addition to their base salary. This provision is available upon starting employment with the City of Del Mar. This will be reported to CalPERS as an “Off-Salary-Schedule Pay.”

31.2 Employees in the following classifications: Administrative Assistant I/II, Accounting Technician I/II, and Utility positions (with water and wastewater-related degree) with a Bachelor of Arts (BA) or Bachelor of Science (BS) degree or higher shall receive an additional two-hundred dollars ($200) per month, in addition to their base salary. This provision is available upon starting employment with the City of Del Mar. This will be reported to CalPERS as an “Off-SalarySchedule Pay.”

31.3 The maximum incentive to be received by an employee for education is $200 monthly. 22 July 7, 2025 Item 13
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31.4 New employees who possess a degree and provide documentation at the time of hire, shall receive an educational incentive effective the date of hire. Existing employees who receive a degree during their employment, shall be responsible for notifying Human Resources and providing documentation. Such employees shall receive an educational incentive effective the date of notification.

Article 32 - Term

32.1 The term of this Agreement shall commence on the date when the terms and conditions for its effectiveness, as set forth in Article 2, Implementation, are fully met, or on such other date as specifically set forth herein.

32.2 However, in no event shall this Agreement become effective prior to July 1, 2025.

32.3 Except as provided herein, this Agreement shall expire and otherwise fully terminate on June 30, 2028.

Article 33 - Signatures

33.1 In witness whereof, the parties have caused their authorized representatives to execute this Agreement as a mutual recommendation to the City Council of the City of Del Mar this 7th day of July, 2025.

Del Mar City Employees City of Del Mar:

Association:
_____________________________ _____________________________ John Barnett, President Ashley Jones, City Manager

33.2 On the 7th day of July, 2025, the City Council of the City of Del Mar voted to adopt Resolution No. 2025-XX, approving the above Agreement in its entirety and authorized the City Manager to execute and administer the Agreement on behalf of the City Council. 23 July 7, 2025 Item 13
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Exhibit A
Eligible Certifications
Required Certifications are those Licenses/Certificates that are minimally required for the position. The Optional Certifications are eligible for Certification Pay (see Article 20).

Code Enforcement Officer I/II
Required Certifications
□ PC-832 P.O.S.T. Certification
Optional Certifications
□ SCACEO Certification
□ National Pollutant Discharge Elimination Systems (NPDE) Certified Stormwater Inspector Parking Enforcement Officer I/II
Required Certifications
□ Class C Driver’s License
□ PC-832 P.O.S.T Certification
Optional Certifications
□ National Pollutant Discharge Elimination Systems (NPDES) Certified Stormwater Inspector Senior Lifeguard
Required Certifications
□ Advance Rescue Diving SCUBA certification
□ Advanced First Aid Certification and/or EMT Class I Certification □ Cardiopulmonary Resuscitation Certification
□ Cliff Rescue certification
□ EMT with Defibrillator certification
□ Lifesaving certification
□ PC-832 POST Certification
□ SCUBA certification
□ Swift water rescue certification
Optional Certifications
□ Professional Association of Diving Instructors (PADI) or a similar accredited rescue SCUBA certification organization Master Scuba Diver
□ Professional Association of Diving Instructors (PADI) or a similar accredited rescue SCUBA certification organization Rescue Diver
□ Technical Animal Rescue
□ Technical Rope Rescue – Advanced
□ Emergency Response/First Aid/CPR Instructor
□ Advanced Swift Water Rescue Technician
□ Swift Water Instructor
□ Cliff/Rope Rescue Instructor
Water Utility Specialist I/II
Required Certifications
□ Class B Driver’s License
□ American Water Works Association (California-Nevada Section) Backflow Prevention Assembly General Tester Certificate
□ American Water Works Association (California-Nevada Section) Cross Connection Control Program Specialist Certificate
□ State of California Water Distribution Operators Certification Grade D-2 Optional Certifications
□ State of California Water Distribution Operators Certification Grade D-3 24 July 7, 2025 Item 13
Del Mar City Employees Association 18
2025
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-3
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-4
□ California Water Environment Association (CWEA) Mechanical Technologist Grade I □ California Water Environment Association (CWEA) Mechanical Technologist Grade II □ California Water Environment Association (CWEA) Mechanical Technologist Grade III □ National Pollutant Discharge Elimination Systems (NPDE) Certified Stormwater Inspector □ Class A Driver’s License
□ California Water Boards Treatment Certification- T-1
□ California Water Environment Association (CWEA) Plant Maintenance Technologist Grade I* * Plant Maintenance Technologist certification is no longer offered by CWEA. Employees are eligible to receive certification pay only if the original certification was obtained no later than 2014.

Wastewater Utility Specialist I/II
Required Certifications
□ Class B Driver’s License
□ State of California Water Distribution Operators Certification Grade D-1 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1 (Level 1)
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2 (Level 2)
Optional Certifications
□ State of California Water Distribution Operators Certification Grade D-2 □ State of California Water Distribution Operators Certification Grade D-3 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2 (Level 1 only)
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-3
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-4
□ California Water Environment Association (CWEA) Mechanical Technologist Grade I □ California Water Environment Association (CWEA) Mechanical Technologist Grade II □ California Water Environment Association (CWEA) Mechanical Technologist Grade III □ American Water Works Association (California-Nevada Section) Backflow Prevention Assembly General Tester Certificate
□ American Water Works Association (California-Nevada Section) Cross Connection Control Program Specialist Certificate
□ National Pollutant Discharge Elimination Systems (NPDE) Certified Stormwater Inspector □ Class A Driver’s License
□ California Water Boards Treatment Certification- T-1
Utility Specialist I/II
Required Certifications
□ Class B Driver’s License
□ State of California Water Distribution Operators Certification Grade D-1 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1
□ National Playground Safety Institute Playground Safety Inspector Certification 25 July 7, 2025 Item 13
Del Mar City Employees Association 19
2025
Optional Certifications
□ State of California Water Distribution Operators Certification Grade D-2 □ State of California Water Distribution Operators Certification Grade D-3 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-3
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-4
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-5
□ California Water Environment Association (CWEA) Mechanical Technologist Grade I □ California Water Environment Association (CWEA) Mechanical Technologist Grade II □ California Water Environment Association (CWEA) Mechanical Technologist Grade III □ American Water Works Association (California-Nevada Section) Backflow Prevention Assembly General Tester Certificate
□ American Water Works Association (California-Nevada Section) Cross Connection Control Program Specialist Certificate
□ National Pollutant Discharge Elimination Systems (NPDES) Certified Stormwater Inspector □ Class A Driver’s License
□ California Water Boards Treatment Certification- T-1
Utility/Landscape Specialist I/II
Required Certifications
□ Class B Driver’s License
□ State of California Water Distribution Operators Certification Grade D-1 □ International Society of Arboriculture (ISA) Certified Arborist Certification Optional Certifications
□ State of California Water Distribution Operators Certification Grade D-2 □ State of California Water Distribution Operators Certification Grade D-3 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-3
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-4
□ California Water Environment Association (CWEA) Mechanical Technologist Grade I □ California Water Environment Association (CWEA) Mechanical Technologist Grade II □ California Water Environment Association (CWEA) Mechanical Technologist Grade III □ American Water Works Association (California-Nevada Section) Backflow Prevention Assembly General Tester Certificate
□ American Water Works Association (California-Nevada Section) Cross Connection Control Program Specialist Certificate
□ National Pollutant Discharge Elimination Systems (NPDES) Certified Stormwater Inspector □ Class A Driver’s License
□ California Water Boards Treatment Certification- T-1
Utility Worker I/II
Required Certifications
□ Class B Driver’s License
□ State of California Water Distribution Operators Certification Grade D-1 26 July 7, 2025 Item 13
Del Mar City Employees Association 20
2025
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1 (Required for Utility Worker II only)
Optional Certifications
□ State of California Water Distribution Operators Certification Grade D-2 □ State of California Water Distribution Operators Certification Grade D-3 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1 (optional for Utility Worker I; required for Utility Worker II) □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-3
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-4
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-5
□ California Water Environment Association (CWEA) Mechanical Technologist Grade I □ California Water Environment Association (CWEA) Mechanical Technologist Grade II □ California Water Environment Association (CWEA) Mechanical Technologist Grade III □ American Water Works Association (California-Nevada Section) Backflow Prevention Assembly General Tester Certificate
□ American Water Works Association (California-Nevada Section) Cross Connection Control Program Specialist Certificate
□ National Pollutant Discharge Elimination Systems (NPDE) Certified Stormwater Inspector □ Class A Driver’s License
□ California Water Boards Treatment Certification- T-1
27 July 7, 2025 Item 13
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, ADOPTING THE FISCAL YEAR 2025-2026

COMPENSATION PLAN FOR GENERAL EMPLOYEES
WHEREAS, on July 7, 2025, the City Council of the City of Del Mar adopted Resolution 2025-XX, approving the Memorandum of Agreement (MOA) between the City of Del Mar and the Del Mar City Employees Association (“General group”) for the period July 1, 2025, through June 30, 2028; and
WHEREAS, in accordance with the Del Mar City Employees Association MOA, employees shall receive a 3.0% Cost of Living Adjustment (COLA) effective July 1, 2025; and
WHEREAS, in accordance with the Del Mar City Employees Association MOA, the following classifications shall receive additional one-time variable market compensation adjustments to their base salary effective July 1, 2025: 13.3% for Utility Worker I; 5.1% for Utility Worker II; 21.1% for Water Utility Specialist II; 4% for Wastewater Utility Specialist I; 2% for Accounting Technician II; and 1.2% for Maintenance Worker; and
WHEREAS, the City Council wishes to make the current Facilities Coordinator position multi-level Facilities Coordinator I/II, with grade G117 for level I and Grade G128 for level II; and
WHEREAS, the California Public Employees Retirement System (CalPERS) regulations require all City employee compensation to be reflected on a publicly available, City Council approved compensation plan; and WHEREAS, the City Council has been presented with and has reviewed the compensation plan for General Employees for Fiscal Year 2025-2026.

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

1. The above recitals are true and correct.

2. The City Council does hereby approve and adopt the compensation plan for General Employees as shown in Exhibit “A” to the Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 7
th day of July 2025.
_____________________________
Terry Gaasterland, Mayor
City of Del Mar
28 July 7, 2025 Item 13
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 7
th day of July 2025, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
29 July 7, 2025 Item 13

CITY OF DEL MAR

GENERAL EMPLOYEE COMPENSATION PLAN
SALARY INCREASE 3.0%

POSITION TITLE RANGE
Water Utility Specialist II G148 - 105,315.17 86,643.05 Wastewater Utility Specialist II G145 - 86,965.46 71,546.70 Utility Specialist II G145 - 86,965.46 71,546.70
Utility/Landscape Specialist II G145 - 86,965.46 71,546.70 Code Enforcement Officer II G145 - 86,965.46 71,546.70
Senior Lifeguard G145 - 86,965.46 71,546.70
Maintenance Supervisor II G145 - 86,965.46 71,546.70
Network Systems Technician II G138 - 81,114.24 66,732.89 Wastewater Utility Specialist I G136 - 80,264.54 66,033.83 Water Utility Specialist I G133 - 77,177.44 63,494.07
Utility Specialist I G133 - 77,177.44 63,494.07
Utility/Landscape Specialist I G133 - 77,177.44 63,494.07 Code Enforcement Officer I G133 - 77,177.44 63,494.07
Maintenance Supervisor I G133 - 77,177.44 63,494.07
Accounting Technician II G130 - 74,900.32 61,620.68
Parking Enforcement Officer II G128 - 73,431.69 60,412.43 Administrative Assistant II G128 - 73,431.69 60,412.43
Beach and Community Patrol Officer II G128 - 73,431.69 60,412.43 Facilities Coordinator II G128 - 73,431.69 60,412.43
Utility Worker II G128 - 73,431.69 60,412.43
Utility Worker I G126 - 70,953.11 58,373.30
Network Systems Techinician I G123 - 69,867.70 57,480.33 Administrative Assistant I G123 - 69,867.70 57,480.33
Accounting Technician I G123 - 69,867.70 57,480.33
Facilities Coordinator I G117 - 65,818.56 54,149.09
Senior Maintenance Worker G112 51,521.00 - 62,624.10
Maintenance Worker G109 48,631.21 - 59,111.54
Parking Enforcement Officer I G107 48,054.55 - 58,410.61 Beach and Community Patrol Officer I G107 - 58,410.61 48,054.55 EFFECTIVE JULY 1, 2025

ANNUAL SALARY
30 July 7, 2025 Item 13

CITY OF DEL MAR

GENERAL EMPLOYEE COMPENSATION PLAN
SALARY INCREASE 3.0%

MARKET RATE INCREASES
Maintenance Worker 1.2%
Utility Worker I 13.3%
Utility Worker II 5.1%
Accounting Technician II 2.0%
Wastewater Utility Specialist I 4.0%
Water Utility Specialist II 21.1%
POSITION TITLE Grade A B C D E
Water Utility Specialist II G148
-Hourly 41.6553 43.7381 45.9250 48.2212 50.6323
-Bi-Weekly 3,332.43 3,499.05 3,674.00 3,857.70 4,050.58 -Monthly 7,220.25 7,581.27 7,960.33 8,358.35 8,776.26
-Annual 86,643.05 90,975.21 95,523.97 100,300.16 105,315.17 Wastewater Utility Specialist II G145
Utility Specialist II
Utility/Landscape Specialist II
Code Enforcement Officer II
Senior Lifeguard
Maintenance Supervisor II
-Hourly 34.3975 36.1173 37.9232 39.8194 41.8103
-Bi-Weekly 2,751.80 2,889.39 3,033.86 3,185.55 3,344.83 -Monthly 5,962.23 6,260.34 6,573.35 6,902.02 7,247.12
-Annual 71,546.70 75,124.04 78,880.24 82,824.25 86,965.46 Network Systems Technician II G138
-Hourly 32.0831 33.6873 35.3716 37.1402 38.9972
-Bi-Weekly 2,566.65 2,694.98 2,829.73 2,971.22 3,119.78 -Monthly 5,561.07 5,839.13 6,131.08 6,437.64 6,759.52
-Annual 66,732.89 70,069.53 73,573.01 77,251.66 81,114.24 Wastewater Utility Specialist I G136
-Hourly 31.7470 33.3344 35.0011 36.7512 38.5887
-Bi-Weekly 2,539.76 2,666.75 2,800.09 2,940.09 3,087.10 -Monthly 5,502.82 5,777.96 6,066.86 6,370.20 6,688.71
-Annual 66,033.83 69,335.53 72,802.30 76,442.42 80,264.54 Water Utility Specialist I G133
Utility Specialist I
Utility/Landscape Specialist I
Code Enforcement Officer I
Maintenance Supervisor I
-Hourly 30.5260 32.0523 33.6549 35.3377 37.1045
-Bi-Weekly 2,442.08 2,564.18 2,692.39 2,827.01 2,968.36 -Monthly 5,291.17 5,555.73 5,833.52 6,125.19 6,431.45
-Annual 63,494.07 66,668.77 70,002.21 73,502.32 77,177.44 Accounting Technician II G130
-Hourly 29.6253 31.1066 32.6619 34.2950 36.0098
-Bi-Weekly 2,370.03 2,488.53 2,612.95 2,743.60 2,880.78 -Monthly 5,135.06 5,391.81 5,661.40 5,944.47 6,241.69
-Annual 61,620.68 64,701.72 67,936.80 71,333.64 74,900.32 Parking Enforcement Officer II G128
Administrative Assistant II
Beach and Community Patrol Officer II
Facilities Coordinator II
Utility Worker II
-Hourly 29.0444 30.4967 32.0215 33.6226 35.3037
-Bi-Weekly 2,323.56 2,439.73 2,561.72 2,689.81 2,824.30 -Monthly 5,034.37 5,286.09 5,550.39 5,827.91 6,119.31
-Annual 60,412.43 63,433.05 66,604.70 69,934.94 73,431.69 Utility Worker I G126
-Hourly 28.0641 29.4673 30.9407 32.4877 34.1121
-Bi-Weekly 2,245.13 2,357.38 2,475.25 2,599.01 2,728.97 -Monthly 4,864.44 5,107.66 5,363.05 5,631.20 5,912.76
-Annual 58,373.30 61,291.96 64,356.56 67,574.39 70,953.11 EFFECTIVE JULY 1, 2025
31 July 7, 2025 Item 13

CITY OF DEL MAR

GENERAL EMPLOYEE COMPENSATION PLAN
Network Systems Technician I G123
Accounting Technician I
Administrative Assistant I
-Hourly 27.6348 29.0165 30.4673 31.9907 33.5902
-Bi-Weekly 2,210.78 2,321.32 2,437.39 2,559.26 2,687.22 -Monthly 4,790.03 5,029.53 5,281.01 5,545.06 5,822.31
-Annual 57,480.33 60,354.35 63,372.06 66,540.67 69,867.70 Facilities Coordinator I G117
-Hourly 26.0332 27.3349 28.7016 30.1367 31.6435
-Bi-Weekly 2,082.66 2,186.79 2,296.13 2,410.94 2,531.48 -Monthly 4,512.42 4,738.05 4,974.95 5,223.69 5,484.88
-Annual 54,149.09 56,856.54 59,699.37 62,684.34 65,818.56 Senior Maintenance Worker G112
-Hourly 24.7697 26.0082 27.3086 28.6740 30.1077
-Bi-Weekly 1,981.58 2,080.66 2,184.69 2,293.92 2,408.62 -Monthly 4,293.42 4,508.09 4,733.49 4,970.17 5,218.68
-Annual 51,521.00 54,097.05 56,801.91 59,642.00 62,624.10 Maintenance Worker G109
-Hourly 23.3804 24.5494 25.7769 27.0657 28.4190
-Bi-Weekly 1,870.43 1,963.95 2,062.15 2,165.26 2,273.52 -Monthly 4,052.60 4,255.23 4,467.99 4,691.39 4,925.96
-Annual 48,631.21 51,062.77 53,615.91 56,296.70 59,111.54 Parking Enforcement Officer I G107
Beach and Community Patrol Officer I
-Hourly 23.1032 24.2583 25.4712 26.7448 28.0820
-Bi-Weekly 1,848.25 1,940.66 2,037.70 2,139.58 2,246.56 -Monthly 4,004.55 4,204.77 4,415.01 4,635.76 4,867.55
-Annual 48,054.55 50,457.28 52,980.15 55,629.15 58,410.61 32 July 7, 2025 Item 13
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING THE CITY’S PERSONNEL

RULES AND REGULATIONS MANUAL
WHEREAS, the purpose of the City’s Personnel Rules and Regulations Manual (Personnel Rules) is to outline the benefits, rules, and personnel policies applicable to employees of the City of Del Mar; and
WHEREAS, the Personnel Rules are designed as a guide to ensure consistent, fair, and uniform treatment of all City employees; and
WHEREAS, circumstances require that policies, procedures and benefits described in the Personnel Rules change from time to time; and WHEREAS, the City has agreed to make revisions to the Personnel Rules pertaining to Longevity Pay and Meal Allowance.

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

1. The above recitals are true and correct.

2. Section 9.17 – Longevity Pay; and Section 10.04 – Meal Allowance of the Personnel Rules are hereby amended and approved by the City Council, and incorporated in the Personnel Rules as shown in Exhibit “A” to this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 7
th day of July, 2025.
___________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
33 July 7, 2025 Item 13
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 7th day of July, 2025, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
34 July 7, 2025 Item 13

9.17 Longevity Pay. Employees will receive a $400 one-time bonus after 15-years of service; a $450 one-time bonus after 20 years of service; a $500 one-time bonus after 25 years of service; and a $550 one-time bonus after 30 years of service.

10.04 Meal Allowance.
(a) If an employee is officially ordered to work at least two (2) hours immediately preceding or following his/her normal workday and/or is called back to work under Section 10.02 for at least two (2) hours, under conditions that do not allow the employee to go home for a meal, the City shall either provide a meal, or the employee may claim reimbursement for a meal allowance of up to eighteen dollars ($18.00).
(b) Employees may not leave the work site to eat unless specifically authorized by their supervisor to do so.
35 July 7, 2025 Item 13
Memorandum of Agreement
between the
City of Del Mar
and the
Del Mar City Employees Association
for the
General Unit
July 1, 20252 through June 30, 20285
36 July 7, 2025 Item 13
Del Mar City Employees Association 2
2025
Table of Contents
Preamble ...........................................................................................................3 Article 1 - Recognition........................................................................................3 Article 2 - Implementation ..................................................................................3 Article 3 - City Rights .........................................................................................3 Article 4 - Employee Rights................................................................................4 Article 5 - Union Access.....................................................................................4 Article 6 - Bulletin Boards...................................................................................4 Article 7 - General Provisions ............................................................................5 Article 8 - Payroll Deduction and Union Dues ....................................................6 Article 9 - Wages................................................................................................6 Article 10 - Health Insurance..............................................................................7 Article 11 - Insurance Committee.......................................................................8 Article 12 - Dental Insurance..............................................................................8 Article 13 - Life Insurance ..................................................................................9 Article 14 – Short and Long Term Disability Insurance ......................................9 Article 15 - Deferred Compensation...................................................................99 Article 16 - Retirement .......................................................................................99 Article 17 - Work Clothes ...................................................................................1010 Article 18 - Required Footwear and Safety Eyewear .........................................1110 Article 19 - Standby............................................................................................1111 Article 20 - Certification Program .......................................................................1211 Article 21 - Personnel Rules and Regulations....................................................1212 Article 22 - Grievance Procedure.......................................................................1312 Article 23 - Concerted Activities .........................................................................1414 Article 24 - Severability ......................................................................................1514 Article 25 - Agreement, Modifications, & Waivers ..............................................1514 Article 26 – Labor-Management Relations Committee.......................................1515 Article 27 – Workers Compensation and Safety Committee ..............................1615 Article 28 - Authorized Agents ...........................................................................1616 Article 29 - Renegotiations.................................................................................1616 Article 30 - Survey Market..................................................................................1616 Article 31 – Education Incentive.........................................................................1716 Article 32 - Term ................................................................................................1717 Article 33 - Signatures........................................................................................1717 Exhibit A.............................................................................................................1918 37 July 7, 2025 Item 13
Del Mar City Employees Association 3
2025
Preamble
This Agreement is made and entered into by and between the City of Del Mar (hereinafter "City") and the Del Mar City Employees Association (hereinafter "Union").

This Agreement is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500-3511) and has been prepared jointly by the City and the Union.

It is the purpose of this Agreement to achieve and maintain harmonious relations between the City and the Union to provide for equitable and peaceful adjustment of differences which may arise, and to establish proper standards of wages, hours and other conditions of employment.

Representatives of the City and the Union have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment and have exchanged freely information, opinions and proposals in a sincere effort to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

The parties agree that this Preamble is not subject to the grievance procedure.

Article 1 - Recognition

1.1 The City recognizes the Union as the exclusive representative for all classes assigned to the General Unit as well as such classes that may be added to this unit by mutual agreement of the parties.

1.2 All provisions and benefits of this Agreement shall be applicable to employees in classes in the above-mentioned bargaining unit, unless specifically provided otherwise herein.

1.3 The classes in this unit are listed in the City of Del Mar General Employee Compensation Plan.

Article 2 - Implementation

2.1 This Agreement constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Agreement by the members of the Union.

2.2 If approved by the City Council, the City shall act in a timely manner to make the necessary changes to resolutions, rules, policies and procedures to implement and conform to this Agreement.

Article 3 - City Rights

3.1 It is agreed the City shall have the right to:

A. Determine the mission of its constituent departments, commissions, and boards; B. Determine the procedures and standards of selection for employment and promotions;
C. Direct its employees, take disciplinary action for just cause; D. Relieve its employees from duty because of lack of work or for other legitimate reasons;
E. Maintain the efficiency of governmental operations;
38 July 7, 2025 Item 13
Del Mar City Employees Association 4
2025
F. Determine the methods, means and personnel by which government operations are to be conducted;
G. Determine the content of job classifications;
H. Take all necessary actions to carry out its mission in emergencies; I. Exercise complete control and discretion over its organization and the technology of performing its work.

3.2 The exercise of such rights shall not preclude the Union from conferring with management representatives about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment.

3.3 Except in an emergency, management decisions shall not supersede the provisions of this Agreement.

3.4 Actions taken by management to meet an emergency that are not in compliance with this Agreement shall be in effect only for the duration of the emergency.

Article 4 - Employee Rights

4.1 It is agreed that each individual employee shall have the following rights which he/she may exercise in accordance with applicable laws, ordinances, and rules and regulations.

4.2 The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal on the part of the management representatives, the supervisor, other employees, or employee organizations, with respect to his/her membership or non-membership in any employee organization or with respect to any lawful activity associated therewith which is within the scope of representation.

Article 5 - Union Access

5.1 Authorized Union representatives shall be granted access to work locations for the purpose of conducting grievance investigations or contacting members of the Union concerning business within the scope of representation.

5.2 Union representatives shall not interfere with the work operations of the City.

5.3 Union representatives have the right to meet with employees only during coffee, rest, or lunch breaks at a public City facility as may be available.

5.4 It is agreed that the Union may use City facilities to conduct general meetings when such facilities are available, as determined by the City.

Article 6 - Bulletin Boards

6.1 It is agreed that the City will allow bulletin boards in agreed upon places for the use of the Union in posting appropriate notices and announcements of meeting, elections, social activities and any other Union official business.

6.2 Prior to posting, such notices shall be initialed by an authorized Union representative or shall appear on official Union letterhead.
39 July 7, 2025 Item 13
Del Mar City Employees Association 5
2025

6.3 Such notices shall not ridicule, or defame managers, officers, or agents of the City.

Article 7 - General Provisions

7.1 No Discrimination:

There shall be no discrimination against any personnel or applicant because of race, color, marital status, non-job related medical condition, religion, sex, age, national origin, ancestry, sexual orientation, or non-job related handicap or disability.

7.2 Personnel Folder:

A. Employees shall have the right to review their individual personnel folder.

B. Access shall be scheduled at the convenience of the parties.

C. Except for information received as part of the recruitment process, no derogatory information shall be placed in an employee’s folder without notifying the employee and giving the employee an opportunity to read and initial the information. After receiving notice of information to be added, if the employee disagrees with the information, he or she has the right to file a written rebuttal which will also be placed in the employee’s folder.

D. Upon request, an employee may have a copy of information in his/her file, with the exception of information received during the recruitment process.

7.3 Negotiating Team:

The City agrees to provide reasonable time off without loss of pay, during scheduled work hours, for representatives of the Union when said representatives are negotiating on matters within the scope of representation.

7.4 Grievance Representative:

A. A representative of the Union shall be allowed to be present at the request of any employee, at any meeting with management involving a grievance, or any predisciplinary matter.

B. The representative shall not interfere with normal work operations of the Department.

7.5 Americans with Disabilities:

A. The parties recognize that the City may be required to make accommodations in order to carry out its obligations under the Americans with Disabilities Act (ADA).

Some of these accommodations may require actions which are contrary to the language or intent of existing provisions of this agreement. In such cases, the parties agree that such accommodation shall not constitute a "past practice" or waiver by either party of its right to fully enforce such provisions in the future with regard to persons not subject to the protections of the ADA.
40 July 7, 2025 Item 13
Del Mar City Employees Association 6
2025
B. The parties recognize that circumstances surrounding ADA compliance in individual cases may involve matters which are personal and require the utmost confidentiality.

Specifics of an individual case may not be divulged by the City.

Article 8 - Payroll Deduction and Union Dues

8.1 Following the approval of the Agency Shop by a majority vote of the employees on March 16, 2004, the City implemented an Agency Shop for all General Employee Classifications effective April 26, 2004 in accordance with the applicable state law. The City and Union acknowledge that litigation pending before the United States Supreme Court, Janus v.

American Federation of State, County, and Municipal Employees Council 31, may affect the validity of agency shop arrangements. If agency shop is held invalid by operation of law or any court of competent jurisdiction, Article 8.2 and 8.3 remain in effect provided that and to the extent they are not similarly invalidated by or inconsistent with such ruling or applicable laws.

8.2 Remittance of the aggregate amount of all dues and other proper deductions made from the salaries of employees covered hereunder shall be made to the Union by the City.

8.3 It is not the intent of this article to alter the current practice of remitting dues and other deductions to the Union.

Article 9 - Wages

9.1 Salary adjustments are scheduled as follows during the term of the agreement, effective the first pay period where July 1
st of each year of the MOA falls: with the majority of days in the intended month. It should be noted that the salary increase scheduled for July 1, 2022, includes a 2% Cost of Living Adjustment (COLA), and a negotiated 1.3% catch up adjustment based on the reduced COLA that was implemented in FY 2021-22 per a sideletter agreement with DMCEA related to the City’s financial position resulting from the pandemic.

July 20252: 3.3% (2% COLA; and 1.3% catch-up adjustment) July 20263: 32.5%
July 20274: 3%

9.2 Effective July 1, 2023, the existing 12-step salary range schedules for General Unit employees will be converted to a 5-step salary range schedule. An employee shall move through the salary range in accordance with the City’s Personnel Rules and Regulations Manual.

9.2 Effective July 1, 2025, the following classifications covered by this Agreement shall receive a market adjustment to the base salary as follows:

Utility Worker I 13.3%
Utility Worker II 5.1%
Water Utility Specialist II 21.1%
Wastewater Specialist I 4%
Accounting Technician II 2%
Maintenance Worker 1.2%
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9.3 The City will implement salary increases for employees in the classifications identified in Section 9.2 in accordance with the City’s standard practice which will result in variable salary increases depending on an incumbent’s current step and compensation. Market adjustments are effective the first pay period following City Council approval of the MOA.

Article 10 - Health Insurance

10.1 The parties agree the City has the right to provide this insurance by self-insurance, through an insurance company, or by any other method which provides the coverage outlined. Unless otherwise recommended by the insurance committee, the City shall make health insurance plans with at least (2) insurance providers available for employees. Plan options will include those with copays of $20 or higher to help stabilize premium costs.

10.2 Prior to changing the current method of coverage, the City shall discuss the change with the Union.

10.3 Contingent Health Insurance Re-Opener: During the term of this agreement and in the interest of working with employees regarding alternative and/or additional health plan providers and/or plan program definitions, the City may in its discretion, re-open specific sections of Article 10 – Health Insurance as it deems appropriate. The scope of this reopener shall be identified in its notice to the Union and offer to meet and confer.

10.4 City Contribution to Health Insurance:

During the term of this Agreement, the City shall make monthly contributions toward health and dental insurance premiums as provided in the table below, which represents a 4% increase to the City’s contribution annually:

Coverage July 1, 20252 July 1, 2026*3 July 1, 2027*4
Employee Only $1,279$1,137 $1,330$1,182 $1,384$1,230
Employee +1 $1,572$1,397 $1,635$1,454 $1,701$1,512
Employee + 2 $1,670$1,485 $1,737$1,544 $1,807$1,606
*In the event the majority of the City’s insurance plans’ premium rates decrease or stay the same in years beginning on July 1, 2026, and July 1, 2027, the cafeteria amounts will be increased by 2% instead of the 4% provided in the table above.

In the event that the total cost of benefits selected exceeds the allowance, the difference shall be deducted from the employee's salary as a "salary reduction" item; i.e., paid with pre-tax dollars. If the allowance exceeds the total cost of benefits selected, the difference shall be paid to the employee in cash.

Opt Out Provision: Employees who verify proof of coverage by an outside plan may opt out of City coverage and be eligible for the Opt Out Provision ($400 per month). In the event the Opt Out provision has a negative impact on the City’s ability to obtain health coverage due to declining enrollment in the health plans, the City Manager has the authority to terminate the Opt Out provision.
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10.5 It is intended that City’s contribution for health and dental benefits as set forth in this Agreement, match those provided to the Del Mar Firefighter’s Association (DMFA) during the term of this Agreement. If the DMFA , or any other bargaining unit, receives a more desirable health care package than the existing plan with the Union, such benefits shall also be offered to the Union as a “most favored nations” (MFN) on health care provisions; including Opt Out Provisions.

10.6 The City shall provide each employee a summary of the coverage for the plan under which the employee is covered.

10.7 During the term of this agreement, the City acknowledges that the general employees may decide as a group to add acupressure/acupuncture and therapeutic massage to the current chiropractic benefit with any additional cost paid by employees via a payroll deduction.

10.8 Employees who retire from the City of Del Mar will have the opportunity to bear the entire cost of their access to the City’s health insurance programs and that continued access to health insurance benefits will require the approval of existing health insurance providers which is believed likely but not guaranteed by the City. In making any amendments to such contracts City shall have the right to agree to those terms and conditions to such amendments, if any, necessary to implement this benefit, so long as any such amendments provide access to health insurance programs as contemplated herein.

In the event the current health insurance providers deny retiree access to health insurance benefits at any time during the term of this Agreement, the City shall have no obligation to contract for additional health insurance programs which provide access to health insurance benefits for retirees. Nothing herein contained is intended to guarantee the availability of any particular health insurance program to be offered to City’s employees and retired employees. The retiree health insurance availability is at the sole discretion of the City Manager and can be terminated at any time.

10.9 The City will provide offer an onsite skin cancer screening for all field employees in the Public Works, Community Services, and Planning & Community Development (Code Enforcement Division) departments at least once per year, and at no cost to the employees.

Article 11 - Insurance Committee

11.1 The City and the Union shall establish a committee, with no more than three representatives each, to investigate and evaluate health coverage plans, provisions and premiums in an effort to make available to City employees a reasonable plan at the lowest possible cost.

11.2 The committee shall meet annually prior to the renewal of the plan coverage to conduct its investigation and evaluation. The findings and recommendations of the committee shall be advisory in nature and shall be presented to the City Manager. Failure of the committee to present recommendations in a timely manner shall not preclude the City from taking necessary action.

Article 12 - Dental Insurance
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12.1 The parties agree the City has the right to provide this insurance by self-insurance, through an insurance company, or by any other method which provides the coverage outlined.

12.2 Prior to changing the current method of coverage, the City shall discuss the change with the Union.

Article 13 - Life Insurance

13.1 The parties agree the City has the right to provide this insurance by self-insurance, through an insurance company, or by any other method which provides the coverage outlined.

13.2 Prior to changing the current method of coverage, the City shall discuss the change with the Union.

13.3 The City shall provide term life insurance coverage for each employee in the amount of one-times the annual salary at top step of their salary range, not to exceed $50,000.

Employees may, through payroll deductions, purchase dependent coverage in the amount of $5,000 for their spouse and children.

13.4 The City agrees to continue to provide the third level of the 1959 Survivor Benefit through its PERS contract.

Article 14 – Short and Long Term Disability Insurance

14.1 The parties agree the City has the right to provide this insurance by self-insurance, through an insurance company, or by any other method which provides the coverage outlined.

14.2 Prior to changing the current method of coverage, the City shall discuss the change with the Union.

14.3 The City shall make available Short and Long Term Disability Insurance coverage in the amount of approximately 66 2/3% of monthly compensation for each employee. Such coverage shall be provided in accordance with the group policy and the insurance company/administrator.

14.4 The City shall pay the required payroll deduction for the Short Term (STD) and Long Term Disability (LTD) programs on behalf of the employee.

Article 15 - Deferred Compensation

15.1 Employees shall continue to have the option of participating in the City's deferred compensation plan.

15.2 The City has the option of changing plans or providers, however, prior to making any such change, the City shall notify the Union and shall discuss the reasons for the change.

Article 16 - Retirement
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16.1 The City provides retirement benefits to employees through the California Public Employee Retirement System (CalPERS). All of the CalPERS employee retirement tier plans listed below include Section 20862.8 Credit for Unused Sick Leave.

16.2 CalPERS Retirement Tiers
Classic 1st Tier:

Any Miscellaneous (non-other safety) employee hired before June 25, 2012, shall receive a retirement formula of 3% @ 60 Retirement Benefit. Employees shall be required to contribute the full 8% share of the Employee rate.

Any Other Safety employee hired before January 1, 2013, shall receive a retirement formula of 2% @ 50 Retirement Benefit. Employees shall be required to contribute the full 9% share of the Employee rate.

Classic 2nd Tier:

Any new Miscellaneous (non-other safety) employee hired after June 25, 2012, with reciprocity, shall receive a retirement formula of 2% @ 60 Retirement Benefit. Employees shall be required to contribute the full 7% share of the Employee rate.

Public Employees Pension Reform Act 2013 (PEPRA) Tier:

Any new Miscellaneous (non-other safety) employee hired after January 1, 2013, shall receive a retirement formula of 2% @ 62 Retirement Benefit. Employees shall be required to contribute half of the base total normal cost, evaluated every year. The current required employee contribution is 6.5%.

Any new Other Safety employee hired after January 1, 2013, shall receive a retirement formula of 2.7% @ 57 Retirement Benefit. Employees shall be required to contribute half of the base total normal cost, evaluated every year. The current required employee contribution is 12%.

16.3 An employee has no option to receive the contributed amounts directly instead of having them paid by the City to PERS on behalf of the employee.

16.4 The Union understands and agrees that employees bear the risk of payment of any increases in the employee contributions above the current percentage made by action of the PERS or the state legislature.

16.5 Parties agree that City payment of PERS contributions is made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS.

16.6 Should current tax treatment change, the Union and the employee shall hold harmless the City, its officers and agents from any and all claims or costs of any type including but not limited to liability for back taxes, arising out of this agreement to pay part of the employee's PERS contribution.

16.7 Should current tax treatment change, the Union shall have the opportunity to meet and confer regarding any such changes.

Article 17 - Work Clothes
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17.1 The City shall continue to provide work clothes for those jobs where work clothes are currently provided and for such new jobs as determined by the City.

17.2 Such work clothes shall be of a color and design determined by mutual agreement.

However, if the parties can't reach mutual agreement, the determination shall be made by the City.

Article 18 - Required Footwear and Safety Eyewear

18.1 Employees required by the City to wear protective footwear for safety reasons, shall continue to be reimbursed for the purchase of such footwear.

18.2 Employees shall be reimbursed for up to two (2) such purchases each fiscal year to a maximum of $150.00 per purchase.

18.3 The footwear shall, at minimum, have the safety features required by the City.

18.4 Field employees in the Public Works, Community Services, and Planning & Community Development (Code Enforcement Division) departments shall receive one pair of polarized sunglasses, and polarized safety glasses, as deemed appropriate and necessary by the Department Director, annually following the start of the new fiscal year.

Replacements for lost or damaged sunglasses must be approved by the Department Director.

18.5 The sunglasses shall, at a minimum, have the safety features required by the City.

18.6 Parking Enforcement Officers I/II and Beach and Community Patrol Officers I/II will be reimbursed up to for 50% of their work footwear up to $75 per pair, twice a year (maximum $150 annually for the purchase of work footwear. footwear reimbursement per represented parking employee). Footwear must be sturdy closed toed shoes appropriate for walking and riding a bicycle.

Article 19 - Standby

19.1 Standby duty is defined as that circumstance which requires an employee assigned by management to:

A. Be ready to respond immediately to a call for service; B. Be readily available at all hours by telephone or other agreed-upon communication equipment; and
C. Refrain from activities which might impair his/her assigned duties upon call.

19.2 Effective July 1, 20252, an employee assigned by management to standby duty shall receive $545 per day. An employee assigned by management to standby duty on a city holiday shall receive a total of $1080 per day.

19.3 Employees may mutually agree to trade assigned standby shifts with advanced approval of management.
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Article 20 - Certification Program

20.1 Optional Certifications: An employee in an eligible classification who has successfully obtained, at his/her own cost, certifications/licenses that provide a direct benefit to the City by enhancing the employee’s knowledge and skills above those required by the employee’s job classification, and as approved by the City, shall receive $35 per month for each Optional Certification, up to a maximum of $140 per month (or four Optional Certifications). When an employee receives compensation for obtaining an Optional Certification, the employee may be expected to utilize his/her knowledge from the Certification when needed by the City on an incidental basis.

20.2 Expired Certificates: Certification pay shall be applicable only during the term of the certificate and shall expire at the end of the pay period that includes the expiration date of the certificate. Employees are responsible for resubmitting requests for certification pay once they have renewed their certificate.

20.3 Certifications eligible under this Article are listed in Exhibit A of this Agreement. Additional Optional Certifications may be added upon mutual agreement between the City and the Union. However, if the parties do not reach mutual agreement, the determination shall be made by the City.

20.4 Required Certifications: The City agrees to reimburse the employee for the tuition, exam, and certification fees upon successful completion for required certifications when the certification is a mandatory requirement of the employee’s job duties.

20.5 Required Training: When an employee is required by the City to attend a training course for a required certification, the employee shall make a reasonable effort to attend the class during regular work time. If this is not possible, a reasonable effort will be made by the employee’s supervisor to modify the employee’s work schedule to allow for time off on a regularly scheduled work day to allow for the duration of attendance at the required training. This flexible scheduling shall occur during the employee’s designated sevenday work period under the Fair Labor Standards Act. In the event such flexible scheduling is not possible, the employee shall be paid his/her regular hourly rate for the hours attending the required training. This section shall not apply to college coursework eligible for Tuition Reimbursement including coursework leading to an Associate of Arts in Water/Wastewater covered by Section 20.3.

Article 21 - Personnel Rules and Regulations

21.1 The rules, regulations, policies and general working conditions governing employment for employees covered by this agreement are as set forth in the City Personnel Manual.

21.2 If during the term of this agreement the City desires to amend the Personnel Manual the City shall give notice to the Union of the proposed changes. Representatives of the City and the Union shall meet and confer in a timely manner. If an agreement is not reached the City reserves the right to proceed by management direction.

21.3 Hours, wages and general working conditions contained in the City Personnel Manual are the proper subject of the Grievance Procedure.
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Article 22 - Grievance Procedure
General Provisions

22.1 "Grievance" is defined as an alleged violation, misinterpretation, or misapplication of this Agreement, which adversely effects an employee(s).

22.2 "Grievant" is an employee or a group of employees.

22.3 Time limits may be waived by mutual written agreement of the parties.

22.4 If time limits are not met, the grievance may be advanced to the next step at the option of the party waiting for the response.

22.5 A grievant may be represented by a representative of his/her own choice at any step in the presentation of his/her grievance.

22.6 No reprisal shall be taken against any employee for the legitimate use of this procedure.

22.7 A grievance shall be filed in writing within thirty (30) calendar days of the date on which the employee knew or reasonably should have known of the alleged grievable incident.

22.8 Any grievance not timely filed or appealed within specified time limits, shall be null and void.

Procedure

22.9 STEP 1: The grievant shall first attempt to resolve the problem through discussions with his/her immediate supervisor.

22.10 Such discussions shall be initiated within the time period defined in 22.7 above.

22.11 The parties shall make a sincere effort to resolve the problem at this step in a prompt and expeditious manner.

22.12 STEP 2: If the problem is not resolved at Step 1 and the grievant wishes to appeal, the grievant shall file a written grievance within the time limits defined in 22.7 above with his/her immediate supervisor.

22.13 Such grievance shall be filed on the form provided by the City and the form shall be completely filled out in clear, factual and concise language.

22.14 Each party has the option of requesting a meeting to discuss the grievance.

22.15 The supervisor shall respond in writing to the grievance within seven (7) days of receipt of the grievance.

22.16 STEP 3: If the problem is not resolved at Step 2 and the grievant wishes to appeal, the grievant shall file a written appeal with his/her department head within seven (7) days of the supervisor's response.
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22.17 Such appeal shall be filed on the form provided by the City and shall state the reasons the answer at the previous step was not acceptable.

22.18 The department head shall hold a meeting with the employee to discuss the grievance.

22.19 The department head shall respond in writing to the grievance within seven (7) days of receipt of the grievance.

22.20 STEP 4: If the problem is not resolved at Step 3 and the grievant wishes to appeal, the grievant shall file a written appeal with the City Manager or his/her designee within seven (7) days of the department head's response.

22.21 Such appeal shall be filed on the form provided by the City and shall state the reasons the answer at the previous step was not acceptable.

22.22 The City Manager or designee shall hold a meeting with the employee to discuss the grievance.

22.23 The City Manager or designee shall respond in writing to the grievance within ten (10) days of receipt of the grievance.

Mediation

22.24 STEP 5: If the problem is not resolved at Step 4 and the grievant wishes to appeal, the grievant shall, within ten (10) days from the response of the City Manager, request that the City Manager set up a mediation.

22.25 A State Mediator shall mediate the dispute according to the normal rules governing mediation.

22.26 There shall be no cost to the parties.

Article 23 - Concerted Activities

23.1 It is agreed that there will be no strike, work stoppage, slow-down, picketing or refusal or failure to full and faithfully perform job functions and responsibilities, or other interference with the operations of the City by the Union or by its officers, agents, or members during the term of this Agreement, including the recognition of picket lines or additional compliance with the request of other labor organizations to engage in such activity.

23.2 Union recognizes the duty and obligation of its representatives to comply with the provisions of this Agreement and to make every effort toward inducing all employees to do so.

23.3 In the event of a strike, work stoppage, slowdown, or other interference with the operations of the City by employees who are represented by the Union, the Union agrees in good faith to take all necessary steps to cause those employees to cease such action.

23.4 It is agreed that any employee violating this Article may be subject to discipline up to and including terminations by the City.
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Article 24 - Severability

24.1 This Agreement is subject to all current and future applicable Federal, State, and local laws.

24.2 All City ordinances, rules and regulations and policies shall be subject to the appropriate revisions, amendments and deletions necessary to conform with the purpose, intent and application of the Articles of this Agreement.

24.3 If any Article or section of this Agreement is found by a Court of competent jurisdiction to be in conflict or inconsistent with such applicable provisions of Federal, State, or local laws, the parties shall, where applicable, meet and confer for the purpose of arriving at a mutually agreeable replacement for such Article or section.

24.4 The validity of the remainder of this Agreement shall not be affected thereby.

Article 25 - Agreement, Modifications, & Waivers

25.1 This Agreement sets forth the full and entire agreement of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements over these matters between parties, whether formal or informal, are hereby superseded or terminated in their entirety.

25.2 Except as specifically provided herein, it is agreed and understood that the parties hereto shall not be required, but do reserve the right upon mutual agreement, to negotiate with respect to any subject or matter covered herein or with respect to any other matters within the scope of representation, during the term of this Agreement.

25.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed by all parties hereto.

25.4 The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

25.5 In the event of an unanticipated significant economic crisis, as determined by the City, the following provisions shall apply. During the term of this agreement, the Union agrees to meet and confer in good faith, at the request of the City, on new changes in wages and City-paid benefit contributions provided for in this agreement. The City shall give the Union notice and provide an opportunity to meet prior to implementation. The parties shall meet promptly and endeavor to reach an agreement in a timely manner. If an agreement is not reached, the impasse procedure included in the City’s Employee Relations Resolution shall apply.

Article 26 – Labor-Management Relations Committee

26.1 The City and Union shall establish a Labor-Management Relations Committee, with no more than two representatives each, unless mutually agreed to, in an effort to discuss workplace issues of mutual concern. The Union President and one other member if necessary shall meet with the City Manager and/or his/her representative quarterly at a mutually agreeable time and place.
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Article 27 – Workers Compensation and Safety Committee

27.1 In the event of a work related medical injury involving Workers Compensation, an employee will receive Workers Compensation salary directly and may utilize his or her accrued leave to achieve full salary. Employees on a work related medical leave will continue to accrue sick leave during the course of their medical leave. Employees on a work related medical leave will accrue vacation leave during the course of their medical leave only on the portion of their leave used to achieve full salary. The City will continue to pay contributions for benefits including health, dental, life insurance and PERS per the current practice.

27.2 The City and the Union shall establish a separate committee, with no more than two representatives each, in an effort to evaluate and improve workplace safety. The Union’s appointees shall include an employee of the Public Works Department and an employee working at City Hall.

27.3 The safety committee shall meet annually or more frequently upon request. The findings and recommendations of the committee shall be advisory in nature and shall be presented to the City Manager. Failure of the committee to present recommendations in a timely manner shall not preclude the City from taking necessary action.

Article 28 - Authorized Agents

28.1 For purposes of administering the terms and provisions of this Agreement:

A. City's principal authorized representative shall be the City Manager or his/her duly authorized representative.

Address: 1050 Camino del Mar
Del Mar, CA 92014
B. The Union's principal authorized agent shall be either (1) the President of the Del Mar City Employees Association or (2) the Principal Associate of City Employees Associates.

Address: President Principal Associate
Del Mar City Employees Assn City Employees Associates
1050 Camino del Mar 2918 East 7th Street
Del Mar, CA 92014 Long Beach, CA 90804
Article 29 - Renegotiations

29.1 In the event the Union desires to negotiate on the provisions of a successor Agreement, it shall serve upon the City, during the month of January of the last year of this Agreement, its written request to commence negotiations and its initial written proposals for such successor Agreement.

29.2 Negotiations shall begin at a time mutually agreeable to the parties.

Article 30 - Survey Market
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30.1 The DMCEA acknowledges the City’s consistent and long-standing practice of surveying the entire San Diego County region for employee salary and benefit data and, in the spirit of cooperation and collaboration, the Parties agree to share, review and provide feedback on the data collected by each Party with each other during negotiations.

Article 31 – Education Incentive

31.1 Employees in the following classifications: Administrative Assistant I/II, Accounting Technician I/II, and Utility positions (with water and wastewater-related degree) with an Associate of Arts (AA) or Associate of Sciences (AS) degree shall receive an additional one-hundred dollars ($100) per month, in addition to their base salary. This provision is available upon starting employment with the City of Del Mar. This will be reported to CalPERS as an “Off-SalarySchedule Pay.”

31.2 Employees in the following classifications: Administrative Assistant I/II, Accounting Technician I/II, and Utility positions (with water and wastewater-related degree) with a Bachelor of Arts (BA) or Bachelor of Science (BS) degree or higher shall receive an additional two-hundred dollars ($200) per month, in addition to their base salary. This provision is available upon starting employment with the City of Del Mar. This will be reported to CalPERS as an “Off-Salary-Schedule Pay.”

31.3 The maximum incentive to be received by an employee for education is $200 monthly.

31.4 New employees who possess a degree and provide documentation at the time of hire, shall receive an educational incentive effective the date of hire. Existing employees who receive a degree during their employment, shall be responsible for notifying Human Resources and providing documentation. Such employees shall receive an educational incentive effective the date of notification.

Article 321 - Term
321.1 The term of this Agreement shall commence on the date when the terms and conditions for its effectiveness, as set forth in Article 2, Implementation, are fully met, or on such other date as specifically set forth herein.
321.2 However, in no event shall this Agreement become effective prior to July 1, 20252. 321.3 Except as provided herein, this Agreement shall expire and otherwise fully terminate on June 30, 20285.

Article 332 - Signatures
332.1 In witness whereof, the parties have caused their authorized representatives to execute this Agreement as a mutual recommendation to the City Council of the City of Del Mar this 720th day of JuneJuly, 20252.

Del Mar City Employees City of Del Mar:

Association:
_____________________________ _____________________________ Victor SturmJohn Barnett, President Ashley Jones, City Manager 52 July 7, 2025 Item 13
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32.2 On the 7t20th day of JuneJuly, 20252, the City Council of the City of Del Mar voted to adopt Resolution No. 20252-XX41, approving the above Agreement in its entirety and authorized the City Manager to execute and administer the Agreement on behalf of the City Council.
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Exhibit A
Eligible Certifications
Required Certifications are those Licenses/Certificates that are minimally required for the position. The Optional Certifications are eligible for Certification Pay (see Article 20).

Code Enforcement Officer I/II
Required Certifications
□ PC-832 P.O.S.T. Certification
Optional Certifications
□ SCACEO Certification
□ National Pollutant Discharge Elimination Systems (NPDE) Certified Stormwater Inspector Parking Enforcement Officer I/II
Required Certifications
□ Class C Driver’s License
□ PC-832 P.O.S.T Certification
Optional Certifications
□ National Pollutant Discharge Elimination Systems (NPDES) Certified Stormwater Inspector
Senior Lifeguard
Required Certifications
□ Advance Rescue Diving SCUBA certification
□ Advanced First Aid Certification and/or EMT Class I Certification □ Cardiopulmonary Resuscitation Certification
□ Cliff Rescue certification
□ EMT with Defibrillator certification
□ Lifesaving certification
□ PC-832 POST Certification
□ SCUBA certification
□ Swift water rescue certification
Optional Certifications
□ Professional Association of Diving Instructors (PADI) or a similar accredited rescue SCUBA certification organization Master Scuba Diver
□ Professional Association of Diving Instructors (PADI) or a similar accredited rescue SCUBA certification organization Rescue Diver
□ Technical Animal Rescue
□ Technical Rope Rescue – Advanced
□ Emergency Response/First Aid/CPR Instructor
□ Advanced Swift Water Rescue Technician
□ Swift Water Instructor
□ Cliff/Rope Rescue Instructor
Water Utility Specialist I/II
Required Certifications
□ Class B Driver’s License
□ American Water Works Association (California-Nevada Section) Backflow Prevention Assembly General Tester Certificate
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□ American Water Works Association (California-Nevada Section) Cross Connection Control Program Specialist Certificate
□ State of California Water Distribution Operators Certification Grade D-2 Optional Certifications
□ State of California Water Distribution Operators Certification Grade D-3 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-3
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-4
□ California Water Environment Association (CWEA) Mechanical Technologist Grade I □ California Water Environment Association (CWEA) Mechanical Technologist Grade II □ California Water Environment Association (CWEA) Mechanical Technologist Grade III □ National Pollutant Discharge Elimination Systems (NPDE) Certified Stormwater Inspector □ Class A Driver’s License
□ California Water Boards Treatment Certification- T-1
□ California Water Environment Association (CWEA) Plant Maintenance Technologist Grade I*
* Plant Maintenance Technologist certification is no longer offered by CWEA. Employees are eligible to receive certification pay only if the original certification was obtained no later than 2014.

Wastewater Utility Specialist I/II
Required Certifications
□ Class B Driver’s License
□ State of California Water Distribution Operators Certification Grade D-1 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1 (Level 1)
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2 (Level 2)
Optional Certifications
□ State of California Water Distribution Operators Certification Grade D-2 □ State of California Water Distribution Operators Certification Grade D-3 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2 (Level 1 only)
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-3
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-4
□ California Water Environment Association (CWEA) Mechanical Technologist Grade I □ California Water Environment Association (CWEA) Mechanical Technologist Grade II □ California Water Environment Association (CWEA) Mechanical Technologist Grade III □ American Water Works Association (California-Nevada Section) Backflow Prevention Assembly General Tester Certificate
□ American Water Works Association (California-Nevada Section) Cross Connection Control Program Specialist Certificate
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□ National Pollutant Discharge Elimination Systems (NPDE) Certified Stormwater Inspector □ Class A Driver’s License
□ California Water Boards Treatment Certification- T-1
Utility Specialist I/II
Required Certifications
□ Class B Driver’s License
□ State of California Water Distribution Operators Certification Grade D-1 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1
□ National Playground Safety Institute Playground Safety Inspector Certification Optional Certifications
□ State of California Water Distribution Operators Certification Grade D-2 □ State of California Water Distribution Operators Certification Grade D-3 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-3
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-4
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-5
□ California Water Environment Association (CWEA) Mechanical Technologist Grade I □ California Water Environment Association (CWEA) Mechanical Technologist Grade II □ California Water Environment Association (CWEA) Mechanical Technologist Grade III □ American Water Works Association (California-Nevada Section) Backflow Prevention Assembly General Tester Certificate
□ American Water Works Association (California-Nevada Section) Cross Connection Control Program Specialist Certificate
□ National Pollutant Discharge Elimination Systems (NPDES) Certified Stormwater Inspector
□ Class A Driver’s License
□ California Water Boards Treatment Certification- T-1
Utility/Landscape Specialist I/II
Required Certifications
□ Class B Driver’s License
□ State of California Water Distribution Operators Certification Grade D-1 □ International Society of Arboriculture (ISA) Certified Arborist Certification Optional Certifications
□ State of California Water Distribution Operators Certification Grade D-2 □ State of California Water Distribution Operators Certification Grade D-3 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-3
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-4
56 July 7, 2025 Item 13
Del Mar City Employees Association 22
2025
□ California Water Environment Association (CWEA) Mechanical Technologist Grade I □ California Water Environment Association (CWEA) Mechanical Technologist Grade II □ California Water Environment Association (CWEA) Mechanical Technologist Grade III □ American Water Works Association (California-Nevada Section) Backflow Prevention Assembly General Tester Certificate
□ American Water Works Association (California-Nevada Section) Cross Connection Control Program Specialist Certificate
□ National Pollutant Discharge Elimination Systems (NPDES) Certified Stormwater Inspector
□ Class A Driver’s License
□ California Water Boards Treatment Certification- T-1
Utility Worker I/II
Required Certifications
□ Class B Driver’s License
□ State of California Water Distribution Operators Certification Grade D-1 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1 (Required for Utility Worker II only) Optional Certifications
□ State of California Water Distribution Operators Certification Grade D-2 □ State of California Water Distribution Operators Certification Grade D-3 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1 (optional for Utility Worker I; required for Utility Worker II) □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-3
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-4
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-5
□ California Water Environment Association (CWEA) Mechanical Technologist Grade I □ California Water Environment Association (CWEA) Mechanical Technologist Grade II □ California Water Environment Association (CWEA) Mechanical Technologist Grade III □ American Water Works Association (California-Nevada Section) Backflow Prevention Assembly General Tester Certificate
□ American Water Works Association (California-Nevada Section) Cross Connection Control Program Specialist Certificate
□ National Pollutant Discharge Elimination Systems (NPDE) Certified Stormwater Inspector □ Class A Driver’s License
□ California Water Boards Treatment Certification- T-1
57 July 7, 2025 Item 13
Revised May 6, 2024
1 9.17 Longevity Pay. Employees will receive a $4200 one-time bonus after 15-years of service; a $4250 one-time bonus after 20 years of service; a $5300 one-time bonus after 25 years of service; and a $5350 one-time bonus after 30 years of service.

10.04 Meal Allowance.
(a) If an employee is unexpectedly officially ordered to work at least two (2) hours immediately preceding or following his/her normal workday and/or is called back to work under Section 10.02 for at least two (2) hours, under conditions that do not allow the employee to go home for a meal, the City shall either provide a meal, or the employee may claim reimbursement for a meal allowance of up to eighteenten dollars ($180.00).
(b) For the purpose of this provision, "unexpectedly ordered" means the order was given on the same day the employee had to perform the work. (cb) Employees may not leave the work site to eat unless specifically authorized by their supervisor to do so.
58 July 7, 2025 Item 13
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: July 7, 2025
SUBJECT: Proposed Changes to the CSA-17 Advisory Board Alternate Appointment REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council amend the 2025 Local and Regional Appointments (Attachment A) to remove the City’s CSA-17 Advisory Board alternate representative appointment.

BACKGROUND:

In addition to serving as liaisons to City committees and local non-profit organizations, Councilmembers represent the City on regional boards and organizations, including the County Service Area 17 (CSA-17) Advisory Board. On January 6, 2025, the City Council reviewed its local and regional appointments and appointed Deputy Mayor Tracy Martinez as the City’s primary representative on the CSA-17 Advisory Board and Councilmember Dan Quirk as the alternate representative.

CSA-17, also called the San Dieguito Emergency Medical Services (EMS) District, includes Del Mar, Del Mar Heights, Solana Beach, Encinitas, Rancho Santa Fe, and portions of Elfin Forest. CSA-17 was formed by the County of San Diego Board of Supervisors in 1969 for the purposes of providing basic ambulance and advanced life support paramedic services (added in 1975) to the area; providing a means of communication between the residents of CSA-17 and the County of San Diego; and facilitating administration of the San Dieguito EMS District.

The CSA-17 Advisory Committee consists of seven total members, one representative from each of the following agencies: City of Encinitas, City of Solana Beach, City of Del Mar, Rancho Santa Fe Fire Protection District, Torrey Pines Planning Group, and two citizen at-large members selected by the five agency representative members.

DISCUSSION/ANALYSIS:

On May 6, 2025, the CSA-17 Advisory Board voted to appoint Councilmember John Spelich to fill one of the two citizen at-large seats where he will represent all residents in CSA-17.

Having three Del Mar Councilmembers serving on the CSA-17 Advisory Committee presents potential Brown Act issues on the City Council. Additionally, the San Diego County EMS Office has determined that a potential replacement of Councilmember Quirk as the alternate representative with Councilmember Spelich would not be appropriate, as Councilmember 1 July 7, 2025 Item 14
City Council Agenda Report
CSA-17 Advisory Board Alternate Appointment Changes
July 7, 2025

Spelich may not serve simultaneously as both the City Council alternate representative and an at-large member.

To resolve the issues identified above, it is recommended that the City Council discontinue appointment of a Council alternate representative to the CSA-17 Advisory Board as long as Councilmember Spelich is serving on the Board in an at-large citizen capacity and direct staff to amend the 2025 Local and Regional Appointments as shown in Attachment A. Both Councilmembers Quirk and Spelich are agreeable to the change.

If the recommended change is approved by the City Council, Deputy Mayor Martinez would remain the City’s primary representative to the CSA-17 Advisory Board with no City alternate and Councilmember Spelich would continue to serve as a CSA-17 at-large member.

ATTACHMENTS:

Attachment A – Revised 2025 City Council Local and Regional Appointments 2 July 7, 2025 Item 14

DEL MAR CITY COUNCIL
2025 REGIONAL & LOCAL APPOINTMENTS

Established by the City Council on January 6, 2025; Amended on July 7, 2025 1 CITIZEN ADVISORY COMMITTEES (Citizen Advisory Committee meeting dates and times are available on the City’s Public Meeting Calendar at https://www.delmar.ca.us/calendar.aspx?CID=14) Committee Council Liaisons
Finance Committee
Meets Quarterly John Spelich Terry Gaasterland
Measure Q Citizen Oversight Committee
Twice per year or as-needed Dan Quirk Terry Gaasterland (alternate) Parks & Recreation Committee
Meets Quarterly Tracy Martinez Dan Quirk (alternate)
Lagoon Committee
Meets Quarterly Terry Gaasterland John Spelich (alternate) Shores Advisory Committee
On Hold
Sustainability Advisory Committee
Meets Quarterly Tracy Martinez Terry Gaasterland (alternate) Traffic and Parking Advisory Committee (TPAC)
Meets Quarterly Dan Quirk John Spelich (alternate)
Undergrounding Program Advisory Committee
Meets Quarterly

Terry Gaasterland John Spelich

3 July 7, 2025 Item 14

DEL MAR CITY COUNCIL
2025 REGIONAL & LOCAL APPOINTMENTS

Established by the City Council on January 6, 2025; Amended on July 7, 2025 2 COUNCIL SUBCOMMITTEES (The following Council subcommittees meet to discuss specific topics or special projects and/or meet intermittently to interact with staff, as needed) Subcommittee Council Liaisons
Housing Subcommittee Terry Gaasterland Tracy Martinez
Human Resources Subcommittee Terry Gaasterland Tracy Martinez Del Mar Railroad Subcommittee
*Same liaisons as SANDAG Board Tracy Martinez Terry Gaasterland Planning Process Subcommittee (includes Sea
Level-Rise Adaptation Plan Implementation) John Spelich Terry Gaasterland Clean Water Rate Project
On Hold
Legislative Subcommittee*
* Members serve 2-year terms Terry Gaasterland TracyMartinez

COMMUNITY ORGANIZATIONS
Organization Council Liaisons
Del Mar Community Connections Tracy Martinez John Spelich Del Mar Village Association Terry Gaasterland Tracy Martinez Del Mar Non-Profits Quarterly Meetings Mayor Deputy Mayor 4 July 7, 2025 Item 14

DEL MAR CITY COUNCIL
2025 REGIONAL & LOCAL APPOINTMENTS

Established by the City Council on January 6, 2025; Amended on July 7, 2025 3

REGIONAL ORGANIZATIONS
Organization Primary Alternate
Clean Energy Alliance Joint Powers Authority (JPA)
Last Thursday of the month at 2:00 p.m.
(Except November and December) John Spelich Terry Gaasterland CSA-17 Ambulance District Adv. Board
Meets quarterly at 4:00 p.m. – As-needed
1 st Tuesday (Feb/May/Aug/Nov). This board oversees
ambulance services in Del Mar, Encinitas, Solana
Beach, and Rancho Santa Fe.

Tracy Martinez Dan Quirk
Fire Governance Board (Solana Beach, Del Mar,
Encinitas) Tracy Martinez John Spelich
LAFCO Cities Advisory Committee
Meets intermittently City Manager Assistant City Manager League of California Cities – San Diego Chapter
Meets the 2nd Monday of the month Mayor Deputy Mayor
METRO Commission/ METRO Wastewater JPA*
1 st Thursday/month at Noon
Dwight Worden
(resident
representative)
North County Transit District*
Regularly meets 3rd Thursdays at 2:00 pm Tracy Martinez John Spelich Regional Solid Waste Association (RSWA)*
Quarterly at 9:00 am or as-needed John Spelich Dan Quirk San Diego County Water Authority*
Meets Monthly – 4th Thursday at 9:00 am
Appointed 3/12/2023
Mel Katz City Manager
San Dieguito River Valley Regional Open Space Park
(JPA) – Exec. Committee
Meets monthly on the 3rd Friday -
11:00 a.m. usually at County Admin. Bldg.
(Usually only meets 6-8 times/year)
Terry Gaasterland Tracy Martinez
SANDAG Board of Directors*
Meets 2nd Friday at 10:30 a.m. &
4 th Friday at 9:00 a.m.

Terry Gaasterland

Tracy Martinez (1st)
John Spelich (2nd)
5 July 7, 2025 Item 14

DEL MAR CITY COUNCIL
2025 REGIONAL & LOCAL APPOINTMENTS

Established by the City Council on January 6, 2025; Amended on July 7, 2025 4 Organization Primary Alternate
SANDAG LOSSAN Executive Task Force Terry Gaasterland Tracy Martinez SANDAG Shoreline Preservation Working Group
Meets quarterly, 1st Thurs - 11:30 a.m.

John Spelich Terry Gaasterland (1st)
Tracy Martinez (2nd)
SANDAG Committees- Appointments by North County Coastal Region SANDAG Borders Committee*
Meets 1st Thursday at 9:30 a.m. TBD by SANDAG No Del Mar Rep.

SANDAG Regional Planning Committee*
Meets on the 1st Friday of every other month
at 1:00 p.m.

TBD by SANDAG No Del Mar Rep.
*Receives stipend.
6 July 7, 2025 Item 14
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Denise Galvan, Management Analyst
Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: July 7, 2025
SUBJECT: Design Review Board Interviews and Appointment REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council review the Citizen Interest Forms (Attachment A), interview the applicants, and appoint one resident to serve as a voting member on the Design Review Board for a full four-year term effective August 1, 2025, and expiring on August 31, 2029.

DISCUSSION/ANALYSIS:

The Design Review Board (DRB) evaluates planning applications for their consistency with the provisions of the Del Mar Community (General) Plan, Zoning Ordinance and the applicable design review standards included in the Design Review Ordinance (DRO).

There is currently one voting member vacancy on the DRB due to Greg Rothnem’s term expiration on April 5, 2025. The City advertised the vacancy and received two Citizen Interest Forms during this recruitment period from Adam Wallace and Donald Mosier (Attachment A).

The two applicants have indicated that they meet the requirements of the Del Mar Municipal Code (DMMC) Section 2.38.020 (Attachment B) to serve as a voting member on the DRB.

Staff recommends that the City Council review the Citizen Interest Forms, interview the applicants, and vote to appoint one applicant to serve on the DRB as a voting member for a full four-year term beginning on August 1, 2025, and expiring on August 31, 2029.

Pursuant to Council Policy 200 “Committees – City Council Advisory Committees, Boards and Commissions” (Attachment C), an applicant must receive three affirmative votes in order to be appointed. If three affirmative votes are not received, the Council can choose to vote again or to direct staff to reopen the vacancy to solicit additional interest.

If the vacancies are filled, the DRB will have a full roster of voting members.

ATTACHMENTS:

Attachment A - Citizen Interest Forms
Attachment B - Del Mar Municipal Code Section 2.38.020
Attachment C - City Council Policy 200
1 July 7, 2025 Item 15

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Last Name First Name Middle Initial
Home Street Address* City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2nd choice, etc.):
___ Arts Advisory Committee ___ Parks and Recreation Committee ___ Design Review Board ___ Planning Commission
___ Finance Committee ___ Sustainability Advisory Committee ___ Lagoon Committee ___ Traffic and Parking Advisory Committee ___ Measure Q Citizen Oversight Committee ___ Undergrounding Project Advisory Committee ___ Other(s) (please indicate):_______________
Qualifications for appointment and/or reasons for application (attach additional pages as needed):

Education:
*Applicants are required to provide a physical residency address. Mailing addresses or Post Office boxes will not be accepted. The City will maintain all residency addresses strictly confidential.

RECEIVED
By kizgarskaia at 5:35 pm, 4/3/25 Wallace Adam Del Mar, CA 1 20+ years of experience as a strategy and operations executive, deep experance in leadership, organizational transformations, and strategic planning across a wide variety of industries, including energy, technology, defense, and healthcare. Currently, I own a holding company and serve as a fractional executive in fast growth companies.

MFA in Technical Production from University of Delaware (Recruited on a full academic scholarship and stipend to the three-year graduate conservatory) BS in Managment from MTSU
Attachment A
2 July 7, 2025 Item 15

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference**:

NAME STREET NAME (no house
number)
Phone Number
**Due to Brown Act limitations that restrict communications between Councilmembers regarding upcoming actions of the City Council, please do not include a current sitting Councilmember as a reference for your appointment.

Residency
Month Year
I have been a resident of California since:

I have been a resident of San Diego County since:

I have been a resident of Del Mar since:

What part of town do you live in? Geographic diversity is desirable and will be taken into account.

Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☐ North Hills
☐ Valley
Are you a full-time or part-time resident of Del Mar? ☐ Full-time ☐ Part-time Is Del Mar your primary place of residence? ☐ Yes ☐ No
Are you a registered voter in Del Mar? ☐ Yes ☐ No Multi-decade experience partnering with fortune 100 executive leadership teams to led strategy and cultural pivots, including US military and government contractors. These experiences have honed my ability to navigate complex challenges and guide organizations through periods of transformation.

Undergrounding
TGN Consulting - Board Member
Collective Equities - Investment Committee
GDX Marketing - Advisory Board Bobby Ocampo Stratford Ct Bill Gerhard Ocean Ave (Fmr.) Beth McGinty 10th St Jan 2012 / 2023 Jan 2012 / 2023 Jan 2012 / 2023 ✔ ✔
✔
✔
3 July 7, 2025 Item 15

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.

1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.

Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?

2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.

Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.

What aspects of the City’s finances most interest you and why? 4 July 7, 2025 Item 15

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
☐ Other (please explain): ____________________________________________________

4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☐ Resident
☐ Other (please explain): ____________________________________________________ Do you have any special expertise or experience related to traffic and parking? If yes, please explain:

5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.

Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.

What aspects of the City’s parks and recreation most interest you and why?

6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.

What aspect(s) of being on the Lagoon Committee most interest you and why? 5 July 7, 2025 Item 15

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.

What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.

8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.

In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?

9. Undergrounding Project Advisory Committee
The Undergrounding Project Advisory Committee is seeking applicants with an interest in the citywide undergrounding project.

Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? 6 July 7, 2025 Item 15

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

10. Design Review Board and/or Planning Commission
Briefly describe your qualifications and experience as it relates to serving on the Design Review Board or Planning Commission. The required qualifications for each can be found in the Del Mar Municipal Code (DMMC) Chapters 2.34 and 2.38. You will be able to provide more information at a City Council public meeting during an open interview process.

11. For All Committees: Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.

Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.

By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.

By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. __ __________________________
Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.

Engineering and construction experience, legal training, and years designing governance systems and structures for large organizations. Day to day I regularly manage trade offs between originating intent, as lived application, and consistent governance oversite.

April 3rd 2025
7 July 7, 2025 Item 15

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Last Name First Name Middle Initial
Home Street Address* City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2nd choice, etc.):
___ Arts Advisory Committee ___ Parks and Recreation Committee ___ Design Review Board ___ Planning Commission
___ Finance Committee ___ Sustainability Advisory Committee ___ Lagoon Committee ___ Traffic and Parking Advisory Committee ___ Measure Q Citizen Oversight Committee ___ Undergrounding Program Advisory Committee ___ Other(s) (please indicate):________________
Qualifications for appointment and/or reasons for application (attach additional pages as needed):

Education:
*Applicants are required to provide a physical residency address. Mailing addresses or Post Office boxes will not be accepted. The City will maintain all residency addresses strictly confidential.

RECEIVED
By dgalvan at 1:34 pm, 6/5/25 MOSIER DONALD E

DEL MAR, CA X
Prior experience on DRB, 2002-2008
City Council, 2008-2016
Interest in sustainable design practices, Fine Homebuilding Subscription since 1994 BS, Indiana University, 1965
PhD, University of Chicago, 1969
MD with Honors, University of Chicago, 1971
8 July 7, 2025 Item 15

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference**:

NAME STREET NAME (no house
number)
Phone Number
**Due to Brown Act limitations that restrict communications between Councilmembers regarding upcoming actions of the City Council, please do not include a current sitting Councilmember as a reference for your appointment.

Residency
Month Year
I have been a resident of California since:

I have been a resident of San Diego County since:

I have been a resident of Del Mar since:

What part of town do you live in? Geographic diversity is desirable and will be taken into account.

Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☐ North Hills
☐ Valley
Are you a full-time or part-time resident of Del Mar? ☐ Full-time ☐ Part-time Is Del Mar your primary place of residence? ☐ Yes ☐ No
Are you a registered voter in Del Mar? ☐ Yes ☐ No Prior service on DRB, design of home improvements None
DRB 2002-2008
City Council 2008-2016
Dwight Worden John Goodkind Glenn Warren 07 1985 07 1985 07 1985 ✔ ✔
✔
✔
9 July 7, 2025 Item 15

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.

1. Arts Advisory Committee
Membership on the Arts Advisory Committee is set by category. Which membership category do you best fit in? Select all that apply. (Note that City staff, consultants, and vendors are precluded from serving on the Arts Advisory Committee.)
☐ Resident with an art background
☐ Resident without an art background
☐ Business Owner- Art related business
☐ Del Mar Foundation Representative
☐ Del Mar Village Association Representative
☐ Ex-Officio (non-voting) – with Art related expertise
☐ Other (please explain): _________________________________________________ Describe your experience and skills as they relate to the world of community art and fine art.

Why in your opinion is public art valuable to the Del Mar community? What is your public art philosophy?

2. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.

Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.

What aspects of the City’s finances most interest you and why? 10 July 7, 2025 Item 15

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

3. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
☐ Other (please explain): ____________________________________________________

4. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☐ Resident
☐ Other (please explain): ____________________________________________________ Do you have any special expertise or experience related to traffic and parking? If yes, please explain:

5. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.

Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.

What aspects of the City’s parks and recreation most interest you and why?

6. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.

What aspect(s) of being on the Lagoon Committee most interest you and why? 11 July 7, 2025 Item 15

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

7. Shores Advisory Committee
The Shores Advisory Committee is looking for applicants interested in the Shores Park property and planning process.

What aspects of being on the Shores Advisory Committee most interest you and why? Please describe your vision for the future of Shores Park.

8. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.

In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?

9. Undergrounding Program Advisory Committee
The Undergrounding Program Advisory Committee is seeking applicants with an interest in the citywide undergrounding project.

Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you? 12 July 7, 2025 Item 15

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

10. Design Review Board and/or Planning Commission
Briefly describe your qualifications and experience as it relates to serving on the Design Review Board or Planning Commission. The required qualifications for each can be found in the Del Mar Municipal Code (DMMC) Chapters 2.34 and 2.38. You will be able to provide more information at a City Council public meeting during an open interview process.

11. For All Committees: Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.

Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.

By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying and that you understand the conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.

By submitting this application, you are signing under penalty of perjury that the information you are providing, is true and correct to the best of your knowledge. _______ __________________________
Signature Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.

Prior service on the DRB, oversight of Guildlines during Council term 2008-2016 My term on the 22nd DAA Board of Directors has ended as of May 30, 2025 06/05/2025
13 July 7, 2025 Item 15
Created: 2025-05-16 16:11:22 [EST]
(Supp. No. 10, Update 2)

2.38.020 Membership.

A. The Design Review Board shall consist of seven members who are registered voters of the City of Del Mar and maintain residency within the City's municipal boundaries. Residency shall be maintained for no less than six months prior to appointment and if a Board Member ceases to reside within the City during their membership on the Design Review Board, the appointment of such person shall be deemed to have been terminated. For the purposes of this section, residency shall mean someone who maintains residence and is physically present in the City of Del Mar for no less than six months per calendar year.

B. Members shall serve staggered, four-year terms.

C. The members shall be persons who, by experience, training, education, or occupation, have demonstrated talent and interest in developing the aesthetics of environmentally sensitive design within the framework of practical considerations. (Ord. No. 767; Ord. No. 785; Ord. No. 793; Ord. No. 825; Ord No. 931, § 1, 9-18-2017) 14 July 7, 2025 Item 15

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POLICY:

A. Vacancies
It is the City Council policy to advertise vacancies of the City Council advisory committees, Design Review Board, and Planning Commission on the City website for a minimum of 10 calendar days, and at least once in the Del Mar Weekly and/or through CivicSend eblast.

Upcoming vacancies may also be announced by the City Manager or Council Members at City Council meetings. The deadline for interested citizens to file a Citizen Interest Form (application) is by the close of business (4:30 p.m.) on a Friday.

B. Council Appointments to City Council Advisory Committees

1. It shall be the policy of the City Council to direct its liaisons to each Council advisory committee to make recommendations to the full Council regarding appointments to City Council advisory committees.

2. If by the application deadline, the number of applications received by the City for such committees is equal to the number of vacancies, or less than the number of vacancies when recruiting for multiple vacancies, the Council liaisons to the specific committee shall determine whether to extend the deadline or review the Citizen Interest Form(s) and/or interview the applicant(s), and make a recommendation to Council that the applicant(s) be appointed to serve on the committee.

3. If by the application deadline, the number of applications received by the City for such committees is more than the number of vacancies, then the Council liaisons to the specific committee shall review the Citizen Interest Forms and/or interview the applicant(s). Council liaisons shall then make a recommendation to Council as to which applicant(s) should be appointed to serve on the committee. If the Council liaisons determine the applicants are not qualified or do not meet the needs of the committee, the application period may be reopened by the Council liaisons in order to solicit additional interest.

4. If the Council liaisons to a committee cannot agree on a recommendation for appointment(s), they shall direct staff to prepare an agenda report for the next available City Council meeting where the City Council will vote on the appointment without discussion. Three affirmative votes are needed in order for the City Council to make an appointment. If an applicant does not receive the necessary votes, the Council may re-vote or may direct staff to reopen the vacancy to solicit additional interest. 15 July 7, 2025 Item 15

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5. Applicants nominated to serve on a Council advisory committee are encouraged, but not required, to attend the City Council meeting when the City Council is scheduled to consider their appointment to serve on the Committee.

6. In the event that there is only one Council liaison to an advisory committee, the Mayor will act as the second Council liaison for the purposes of reviewing Citizen Interest Forms to recommend to the City Council for appointment.

7. Prior to the City Council meeting where the Council will vote on an appointment, any Council member can request an un-redacted copy of all qualified Citizen Interest Forms in order to review applicant information and contact interested applicant(s) prior to the meeting if so desired.

8. In accordance with Del Mar Municipal Code Chapter 2.30 “Commissions, Boards and Committees: General Provisions”, it shall be the City Council’s policy to select for appointment the candidates who received three affirmative votes by the City Council. In the case where a candidate does not receive three affirmative votes, the Council may revote or direct the City Clerk to re-advertise the vacancy.

9. When there are open vacancies for City Council advisory committees, other than Planning Commission or Design Review Board, the City Clerk will bring forward to the City Council the names of the candidates, the number of vacancies, and the liaison recommendation(s).

The City Council will then vote on the recommendation to fill the vacancies. When the Council liaisons to a committee agree on a recommendation for appointment, the item will be included on the consent calendar. When the Council liaisons to a committee do not agree on the recommendation for appointment, the item will be brought forward as a Council Business item as described in Section B(4) of this policy.

10. If the spouse or significant other of a City Council member is an applicant to fill a vacancy on an advisory committee, the City Council member must recuse themselves from voting on that appointment.

C. Council Appointments to the Design Review Board and Planning Commission

1. The City Council shall make appointments to the Planning Commission and Design Review Board in accordance with the membership requirements of Chapter 2.34 “Planning Commission” and 2.38 “Design Review Board” of the Del Mar Municipal Code, respectively.
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2. It shall be the policy of the City Council to hold interviews for appointments to the Planning Commission and Design Review Board only when applications received for such commission or board exceed the number of vacancies.

3. Interviews shall be public and televised as part of the City Council meeting.

4. If, by the application deadline, the number of applications received by the City for such board or commission equals or is less than the number of vacancies, then there shall be an automatic extension of time to accept applications.

5. Prior to the City Council meeting where the Council will vote on an appointment, an un-redacted copy of all qualified Citizen Interest Forms will be provided to the full City Council in order to allow the full Council to review applicant information and contact interested applicant(s) prior to the meeting if so desired.

6. In accordance with Del Mar Municipal Code Chapter 2.30 “Commissions, Boards and Committees: General Provisions”, it shall be the City Council’s policy to select for appointment the candidates who received three affirmative votes by the City Council. In the case where a candidate does not receive three affirmative votes, the Council may re-vote or direct the City Clerk to re-advertise the vacancy.

7. When there are advertised vacancies for Planning Commission or Design Review Board, the City Clerk will bring forward to the City Council the names of the candidates and the number of vacancies. After interviewing candidates in a public forum, the City Council will vote on the candidates to fill the vacancies. The City Clerk will read aloud the vote of each Council member.

8. Because of conflicts of interest which might exist, or which might give the appearance to the public of existing, and in order to preserve public confidence in the City’s vital planning processes and avoid questions of fairness and bias, prejudice or influence, the immediate family member of a City Council member, Design Review Board Member or Planning Commissioner may not serve or be appointed to serve simultaneously on the Design Review Board or Planning Commission. For purposes of this policy, immediate family member is defined as an individual’s parent, child, spouse, significant other, or sibling.

9. In accordance with Section C(8) of this policy, should an immediate family member of a Design Review Board Member or Planning Commissioner be elected to serve on the City Council, said Board Member or Commissioner shall be required to resign from their position no later than the day prior to the day the City Council member’s term of office commences.
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D. City Advisory Committee Membership Categories

1. Subject to the membership limits set forth in Section E(6) of this policy, the City Council liaisons to the Sustainability Advisory Committee (SAC) may designate one (1) additional seat for an ex-officio member in the committee’s charter and direct staff to fill the vacancy in accordance with this policy, when desired by the SAC Council liaisons. Ex-officio members are non-voting subject matter experts who may be residents or non-residents.

2. Subject to the membership limits set forth in Section E(6) of this policy, the City Council may designate membership categories for business representatives in a committee’s charter. Business representation is preferred but shall not be a requirement for any member. Business representatives are business owners or operators whose business has a physical entity within the City of Del Mar and who have a current City of Del Mar business license.

E. Concurrent Committee Assignments, Term Limits and Length, Membership Size and Rotation of Chair and Vice Chair

1. It shall be the policy of the City Council to limit the number of concurrent appointments that any one individual has to City Council advisory committees, Design Review Board, and Planning Commission. The limit of concurrent appointments shall be two. If an individual has two concurrent appointments, they will not be eligible to serve on ad hoc committees, except in special circumstances as determined by the Council or Council liaisons.

2. The number of consecutive terms an individual may serve on a committee is two, as further described in Section E(5) below. However, the City Council has the flexibility to make an exception if they feel it is to the benefit of the committee to re-appoint an individual for a third term. Committee members who would like to continue to serve another term once their appointed term has expired must re-apply by filing a Citizen Interest Form prior to the advertised deadline for applications. Former committee members must wait one year from the expiration of their second consecutive term before being appointed to the same committee.

3. The term length for all City Council advisory committees shall be three years. Terms will expire on the last day of the month.

4. The term length for voting members of the Planning Commission and Design Review Board shall be four years, in accordance with Del Mar Municipal Code Sections

2.34.020 and 2.38.020, respectively. The term length for ex-officio members on the 18 July 7, 2025 Item 15

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Design Review Board shall be two years, in accordance with Del Mar Municipal Code Section 2.38.020.

5. In order to ensure that terms remain appropriately staggered, individuals appointed to fill an unexpired vacancy shall finish the remainder of the term of the vacating committee member. If the balance of the vacant term is less than six (6) months, it shall not count as a term towards the two-consecutive-term limit.

6. With the exception of the Undergrounding Program Advisory Committee, all other City advisory committees have a maximum committee membership of five (5) total voting members at the recommendation of the committee’s Council liaisons and approval of the full City Council. If a committee membership size is to be reduced via attrition, attrition shall not affect members who complete their first term and are eligible and wiling to serve a second term. However, such members must be recommended for reappointment by the committee’s Council liaisons, and their reappointment shall be confirmed by the full Council at a Council meeting.

7. It shall be the policy of the City Council that the members of each advisory committee appoint a chair, vice chair and secretary at the last meeting of the calendar year, with the new chair serving at the first meeting of the new year, and that these positions rotate annually among all the committee members. It is recommended that the vice chair assist with committee responsibilities and provide for a succession plan for chairing the committee. In the event a committee does not have volunteers to serve as chair and vice chair, then the committee has the flexibility to allow consecutive appointments to the chair/vice chair or secretary positions, i.e. rotation of such positions among the members is not required if there are no volunteers to serve in those positions. At the discretion of the committee, the vice chair and secretary positions may be filled by the same committee member.

8. It shall be the policy of the City Council that the members of the Design Review Board and Planning Commission appoint a chair and vice chair at the last meeting of the calendar year, with the new chair serving at the first meeting of the new year, and that the these positions should rotate annually among all the members. The functions of a secretary for the Design Review Board and Planning Commission, such as preparing minutes, will be managed by City staff.

F. Incumbents to Serve Until New Appointments Confirmed It shall be the policy of the City Council to allow an incumbent on a City Council advisory committee, Design Review Board, or Planning Commission, whose term has expired to 19 July 7, 2025 Item 15

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continue to officially serve until the vacancy is filled or three months has passed, whichever occurs sooner.

G. Attendance Policy for Boards, Commissions, and Committees In accordance with Del Mar Municipal Code Chapter 2.30, if a member of a City advisory committee, Design Review Board, or Planning Commission is absent from three regular, adjourned, or special meetings within a 12-month period without cause, the term of said member is automatically vacated. Council liaisons to the commission, board, or committee shall determine whether the absence was for cause. If an advisory committee, which does not include the Design Review Board or Planning Commission, does not have two Council liaisons, then the Mayor and the Deputy Mayor shall act as liaisons to that commission, board, or committee for this purpose. If the liaisons do not agree about whether the absences were without cause so as to warrant removal, the item will be presented to the full City Council to make the determination.

H. Formation and Dissolution of Boards, Commissions, and Committees

1. New committees must be formed by Resolution of the City Council and must include a committee charter detailing, the committee mission/purpose, type of committee (standing or ad-hoc), membership requirements, conflict of interest requirements, and open meeting requirements.

2. If the newly formed committee is an ad-hoc committee, the Resolution and charter should include a sunset date. The sunset date can be extended by Council action, if necessary.

3. Committees may be dissolved by Resolution of the City Council at any time or during the annual review of the City Council Local Appointments. Ad hoc committees shall automatically be dissolved on their sunset date unless extended in advance by the City Council.

I. City Council Review of City Board, Commission, and Committee System At least every four (4) years the City Council shall establish a subcommittee or alternative process to review the City’s boards, commission and committee system to provide recommendations to improve committee efficiencies to the City Council. However, the City Council may, in its discretion, elect to review the City’s boards, commission and committee system outside of the four (4) year review as it deems necessary. 20 July 7, 2025 Item 15
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Jean Crutchfield, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: July 7, 2025
SUBJECT: A De Novo Public Hearing of an Appeal of the Design Review Board’s Decision to Approve a Design Review Permit DRB24-006, a major remodel of an existing 1,578 square-foot, one-story residence that would include construction of a 689 square-foot addition and various improvements to the project site.

Project Applicant: Lisa Parnell, Footer Residence Trust Appellants: Julie and David Fouquet
Project Location: 483 Avenida Primavera
(APN# 299-290-04-00)
Zoning: R1-10 (Low Density Residential)
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council review the proposed project for conformance with applicable standards of the Del Mar Municipal Code Chapter 23.08 – Design Review Ordinance and conditionally approve the project as proposed.

EXECUTIVE SUMMARY:

This is a de novo (new) hearing on application DRB24-006 as part of the City’s appeal process. A “de novo” hearing means a hearing by the reviewing body as if the action had not been previously heard and as if no decision had been rendered, except that all testimony, evidence and other material from the record of the previous consideration may be included in the record of the review. Pursuant to DMMC Section 1.12.050(A) the determination by the subordinate authority (in this case, the Design Review Board - DRB) is advisory only.

On March 26, 2025, the Design Review Board (DRB) conditionally approved application DRB24-006 submitted by Lisa Parnell, Trustee of the Footer Residence Trust (“Applicant”) to remodel an existing 1,578 square-foot, one-story residence with attached 2-car garage on a substandard sized lot of 8,654 square-feet at 483 Avenida 1 July 7, 2025 Item 16
City Council Agenda Report
DRB24-006 Parnell (De Novo Hearing)
July 7, 2025

Primavera in the R1-10 Zone. Proposed/approved improvements included demolishing 87 square feet of floor area from the residence and garage; demolishing a rear patio cover; construction of a 689 square-foot, one-story addition with roof modifications; construction of a new 230 square-foot Floor Area Ratio (FAR)-exempt covered front porch; construction of a new pool and associated mechanical equipment; and installation of new exterior lighting, landscape, hardscape and site improvements. The project would result in a one-story remodeled residence with a total FAR of 2,159 square-feet (1,759 square-foot habitable and 400 square-foot garage) and a 230 square-foot FAR-exempt covered front porch.

On May 19, 2025, the City Council conducted an Initial Consideration hearing pursuant to DMMC Section 1.12.040 following receipt of an appeal submitted on April 9, 2025, by Julie and David Fouquet (Appellant), and set the matter for a de novo public hearing.

The Appellant’s appeal document has been included as Attachment A-1 with supplemental correspondence submitted for the de novo hearing as Attachment A-2.

The City Council is now asked to make a determination on the project based on the requirements of Del Mar Municipal Code (DMMC) Chapter 23.08 - Design Review Ordinance (DRO). Should the Council agree with staff and the Design Review Board’s recommendation to approve the project, Council should adopt the Resolution with conditions of approval, included as Attachment B.

PREVIOUS HEARINGS
On March 26, 2025, the DRB conducted a public hearing to consider the Applicant’s request to remodel and construct an addition to the existing one-story residence, a remodel that would also include new landscape/hardscape improvements, a new pool, and other miscellaneous site improvements.

During the public hearing, the DRB received public testimony from Julie Fouquet, coowner of the property immediately to the east at 1540 Forest Way, alleging that the proposed addition to the southeast portion of the home would unreasonably obstruct ocean views from her property’s Primary Living Area (“PLA”), specifically the dining area of a larger living/dining great room. The Board disclosed they visited the project site and the Appellant’s property to view the alleged view obstruction. Following the close of the public hearing, the DRB deliberated on the project’s consistency with the standards of the Design Review Ordinance (DMMC Chapter 23.08).

During deliberations the DRB was in general agreement that the proposed project, and specifically, that the proposed southeastern addition would not unreasonably obstruct primary scenic views or create privacy or light/air issues for 1540 Forest Way, which was a related issue discussed during the hearing. Following deliberations, the Board voted 4-0-3 (4 yes, 3 recused due to proximity conflicts) to approve DRB24-006 as revised by red dot correspondence from the Applicant that proposed omitting the 2 July 7, 2025 Item 16
City Council Agenda Report
DRB24-006 Parnell (De Novo Hearing)
July 7, 2025

proposed new chimney element and two (2) new Olive Trees that were proposed in the front yard.

The staff report for the March 26, 2025, DRB meeting, with additional information and analysis, is included as Attachment C. The “red dot” correspondence from the hearing is also included, which includes two letters of support for the project. The meeting video for the March 26, 2025 hearing can be found here: Del Mar, CA | Design Review Board Meeting - 3/26/2025.

On May 19, 2025, the City Council conducted an Initial Consideration hearing and set the matter for a de novo public hearing.

ANALYSIS/ DISCUSSION:

Site Information
The project site is located at 483 Avenida Primavera in the R1-10 Zone. The site is developed with a one-story, single-unit residence with an attached garage and a rear covered patio. The existing structure is nonconforming in that the garage encroaches approximately 2-feet into the 7.5-feet eastern side-yard setback. The lot is 8,654 square feet in area and is substandard in size, as the minimum lot size in the R1-10 Zone is 10,000 square feet. Vehicle access is taken via Avenida Primavera. The topography of the site is relatively flat. Landscaping consists of a variety of medium-sized trees, ground coverings, and medium and large shrubs. Dense vegetation is planted along property lines adjacent to neighbors. Surrounding residences are single-family residential in character consisting of one- and two-story structures.

Project Description
The applicant proposes to construct a 689 square-foot, one-story addition at the southeast corner of the home a new 230 square-foot covered front porch, perform a comprehensive remodel of the building’s exterior, and install a new pool and various site improvements. The project would result in a one-story residence consisting of 1,759 square-feet of habitable area and 400 square-feet, attached garage (total FAR of 2,159 square-feet). Additional components of the proposed project include:
• Demolishing 87 square-feet of floor area from the residence and garage (removing the portion of the garage currently located in the eastern side yard setback would abate the lot’s zoning nonconformity and therefore a Building Valuation is not required for the project);
• Construction of a 230 square-foot, FAR-exempt covered front porch; • Modification of doors and windows at all elevations of the home; • Modifications to the existing roof forms that will result in an approximate two (2) foot increase in roof height;
• Installation of a standing metal seam roof;
• Replacement of exterior stucco with vertical wood siding; 3 July 7, 2025 Item 16
City Council Agenda Report
DRB24-006 Parnell (De Novo Hearing)
July 7, 2025

• Construction of a new at-grade pool approximately 200 square feet. Existing 6- foot-high wood fence around the perimeter of the property would provide the required pool enclosure;
• Installation of pool equipment and one (1) Air Conditioner (AC) condensing unit located on the eastern side yard;
• Construction of a built-in barbecue and counter located south of the residence; • Construction of an entryway trellis in the front yard; • Construction of new planter walls on the north and west sides of the residence; • Installation of new exterior building and landscape light fixtures; and • Installation of new landscape and hardscape improvements.

Summary of the applicant’s proposal
Existing Living Area
Existing Garage
1,064 square feet
493 square feet
Demolished FAR -87 square feet
New FAR 689 square feet
Total Project FAR
(Habitable)
(Garage)
2,159 square feet
(1,759 square feet)
(400 square feet)
Covered Outdoor Area exempt from FAR 230 square feet
The table below illustrates the project’s relationship with the development standards of the property’s R1-10 Zone. As proposed, the project will abate an existing side yard setback nonconformity, and the proposed project would conform to all development standards of the DMMC and no variances or other deviations are proposed.

Standards R1-10 Zone Project
Min. lot size 10,000 sq.ft. 8,654 sq.ft.

Front yard setback 20 ft. 20 ft.

Rear yard setback 25 ft. 48’-7”
Interior side yard setbacks 7.5 ft. 7.5 ft.

FAR 25% (2,163 sq.ft.) 24.2% (2,159 sq.ft.)
Max. lot coverage 40% (3,461 sq.ft.) 33.4% (2,891 sq.ft.) Height limitation 26 ft. 17’- 6”
Parking 2 garage spaces 2 garage spaces
2 onsite open spaces
Plate Heights, Roof Design and Building Height
The proposed remodel would maintain a one-story design with traditional 4:12 pitched gable roof Proposed plate heights would be 8.5- feet over the finished floor. The maximum roof ridge would increase by 2.2-feet with a maximum building height of 17- feet 6-inches (at the northwest corner of the new front porch), as measured pursuant to 4 July 7, 2025 Item 16
City Council Agenda Report
DRB24-006 Parnell (De Novo Hearing)
July 7, 2025

the provisions of the DMMC. The ridge height located over the garage would remain the same. The proposed project would comply with the Design Guideline recommendation to not exceed the maximum plate height of ten (10) feet and to utilize the existing finished floor and building pad of the lot to reduce bulk of the structure and minimize site grading. Additionally, the 230 square-feet FAR-exempt, front porch would comply with the Design Guideline and not exceed 15% of the project’s maximum FAR.

Landscape/Hardscape
All existing landscaping onsite is proposed to be replaced with new landscaping. A total of two (2), 48-inch box Swan Hill fruitless olive trees are proposed within the rear yard.

A Carolina Laurel privacy hedge is proposed along the side and rear property lines.

Additional privacy hedges along the south side of the residence and new front porch would consist of Majorie Channon Pittosporum. Other landscaping would include mostly drought-tolerant shrubs and ground coverings and grasses. The new landscaping comprises 4,113 square feet of the lot (47.5 percent). The Design Guideline minimum required landscaped area for 10,000 square foot lots is 45%, and the project would exceed the minimum recommendation.

The applicant originally proposed two (2) Swan Hill fruitless olive trees to be planted in the front yard, however omitted them at the DRB meeting. The Design Review Board recommended a condition to require the applicant to plant two trees within the front yard not to exceed 15 feet high.

Exterior Lighting
Proposed exterior lighting would be downward directed and shielded bulbs limited to 2,700 Kelvins, which is consistent with the Design Guidelines. Proposed lighting specifications are included in the plans on Sheet A-2.0. Proposed landscape lighting would consist of 2,700 Kelvin pathway lights along the pathways around the home and rear yard. A Landscape Lighting Plan is included in Sheet L 3.0.

Exterior Materials
The proposed exterior materials include white board and batten wall siding and trim, black framed windows and doors, dark charcoal standing seam metal roof, and red brick planter walls. A colored rendering of the proposed development has been included on DRB plan set Sheet A-3.0.

Story Poles
Story-poles illustrating the proposed remodel were placed on the subject property on or before March 10, 2025, with certification provided of their placement in accordance with the story-pole plan and matrix included in the DRB plans.

Exemptions from DMMC Requirements
A Citizen Participation Program (DMMC 23.08) and Coastal Development Permit (DMMC 30.75) are not required due to the proposed addition to the one-story residence 5 July 7, 2025 Item 16
City Council Agenda Report
DRB24-006 Parnell (De Novo Hearing)
July 7, 2025

being “attached” and located at grade. The project’s limited site grading also exempts the project from the requirement of a Land Conservation Permit (DMMC 23.32).

Correspondence
The Applicant submitted correspondence for this de novo hearing and is included as Attachment D.

Project’s Consistency with the Design Review Ordinance
As the reviewing body, the City Council is asked to make a determination as to whether the submitted application complies with the standards of review contained in DMMC Chapter 23.08 (DRO). Pursuant to DMMC 23.08.070, “an application shall be approved unless the project is found to violate one or more of the regulatory conclusions of the DRO.” Staff recommends the City Council evaluate the project’s consistency with the applicable standards of the DRO and related design guidelines. Staff analysis of the project relative to specific DRO standards of review and the Design Review Board recommendation is included below, following each issue of concern expressed by the Appellant noted in bold font.

Primary Scenic View Blockage
The Appellant has expressed concerns regarding scenic view blockage from their dining room, located in the southern portion of their Primary Living Area (PLA) which also includes the adjoining living room. The Appellant also cites DMMC Section

23.51.010(B) and (C), and states that the Tree Scenic Views and Sunlight Ordinance (DMMC Chapter 23.51) recognizes trees as a form of scenic view, and that the project would obstruct the view of the row of tropical trees (located on 471 Avenida Primavera referred to as property previously owned by Vincent and then Jenson). The Appellant included historical context to the row of tropical trees originally planted by Mr. Vincent, which created scenic view obstruction for properties to the east and included photos of the views prior to the trees being planted. The Appellant states that while the trees planted at 471 Avenida Primavera resulted in view obstruction from their dining room long ago, they would rather look at trees than a new structure. Therefore, they now consider the trees to be part of their scenic view.

Applicable DRO Regulatory Conclusion
DMMC Section 23.08.077 H.
“The proposed development unreasonably encroaches upon primary scenic views of neighboring property.”
Related Design Guideline
Table 2-1 of the Design Guideline B.1, cited below, provides limits for the percentage of view obstruction that should be allowed, depending on the type of view observed from the neighbor’s primary living area
6 July 7, 2025 Item 16
City Council Agenda Report
DRB24-006 Parnell (De Novo Hearing)
July 7, 2025

TABLE 2-1: ALLOWABLE VIEW OBSTRUCTION - 180 DEGREE CORRIDOR View Type Slot
(< 45°)
Middle
(45°-90°)
Panorama
(>90°)
WHITE WATER 0-5% 0-5% 0-10%
BLUE WATER/BACK COUNTRY 0-10% 0-10% 0-15%
HORIZON 0-15% 0-20% 0-20%
COMMUNITY 0-15% 0-20% 0-20%
Pursuant to the Design Guideline B.1, the view is considered from multiple vantage points within the PLA and a culmination of all views observed from both a standing and sitting position.

Staff Analysis
Staff performed a site visit to the primary living area of 1540 Forest Way. It is staff’s position that the limited scenic view from 1540 Forest Way should be considered a ”slot view,” taken from the west-facing windows located adjacent to the dining room. Due to the existing condition of the vegetation located on 471 Avenida Primavera (west of the Applicant’s property), the Appellant’s scenic view available from the dining room portion of the Appellant’s PLA appears to be limited to a small portion of blue water views located to the south of the project story poles. Therefore, it was staff’s observation that the story poles appear to depict an obstruction of less than 10%, which per Design Guideline Table 2.1, would not be unreasonable scenic view blockage. From staff’s perspective, no scenic views can be observed from the living room portion of the PLA.

The Appellant’s reference to DMMC Chapter 23.51 (Trees, Scenic Views, and Sunlight (TSVS)) Ordinance is from the “Purpose” section of that Chapter, and is incorrectly applied and should not be used for the review of DRB projects. TSVS claims are a separate application process reviewed by the Planning Commission relative to the standards of review in DMMC Chapter 23.51, and would be a request for restoration of scenic views or sunlight lost by growth of vegetation and/or trees on a neighboring property.

A neighbor’s trees, which due to their location partially obstruct ocean views that would otherwise be visible if not for their presence, are generally not considered by the City to be a protected view of the “community.” Further, the “trees” referenced in DMMC Chapter 23.51 could very well be the subject of concern for an applicant filing a TSVS claim to lost scenic views or sunlight, but the DRB must rely on the standards of review and findings within DMMC Chapter 23.08, the Design Review Ordinance.

Design Review Board Recommendation
The Design Review Board unanimously agreed that there were no Scenic View Impacts as a part of this project.
7 July 7, 2025 Item 16
City Council Agenda Report
DRB24-006 Parnell (De Novo Hearing)
July 7, 2025

Based on the Board’s review of the project application; DMMC DRO Section

23.08.077(H), applicable Design Guideline recommendations on scenic view obstruction; and the DRB disclosures indicating they performed site visits to the Appellant’s PLA (dining room and living room) to assess the alleged primary scenic view obstruction, the Board unanimously determined that the Applicant’s project would not create an unreasonable scenic view obstruction from the PLA of 1540 Forest Way. The Board further stated findings cannot be made to support the DRO Regulatory Conclusion under DMMC Section 23.08.077(H), and therefore, do not require a revision (lowering of roof heights or modifying the roof design) to the proposed project.

Property Values
The Appellant contends that the project would result in scenic view obstruction, and therefore, would result in a reduction of property value. They have not included a formal evaluation by an expert, but have provided reference to a publication by Benson, et al “The Value of a View” (1998), and based on the information provided in its publication, has estimated devaluation of their property from the project.

Applicable DRO Regulatory Conclusion
DMMC 23.08.72 E.
“The design will cause the surrounding neighborhood to depreciate materially in appearance or value.”
Staff Analysis
The applicant has not provided a formal evaluation from an expert for staff’s review.

Design Review Board Recommendation
This concern was not raised prior to or at the DRB meeting for the Board’s review.

Neighborhood Compatibility- Scale
The Appellant contends that the project is out of scale with other structures in the neighborhood and states the project is about 17.5 feet high and would be much taller than homes to the north, east and west, which are closer to 11-feet in height.

Applicable DRO Regulatory Conclusion
DMMC Section 23.08.077 C.
“The design is out of scale with other structures in the neighborhood.” Related Design Guidelines
• Design Guideline C.1 – Neighborhood Compatibility
• Design Guideline C.3 – Natural Topography
• Design Guideline D.1 – Building Form and Massing
• Design Guideline D.2 – Elements Excluded from FAR
8 July 7, 2025 Item 16
City Council Agenda Report
DRB24-006 Parnell (De Novo Hearing)
July 7, 2025

Staff Analysis
In staff’s review of the project, the Applicant utilized several Design Guideline sections to reduce the bulk and mass of the project, which included:
• Minimizing landform alterations by utilizing the same finished floor and site elevation grades;
• Minimizing landform alterations by not exceeding retaining wall heights of 4-feet high (project proposes minimal grading with 1-foot-high retaining wall adjacent to the new pool, with 2-foot-high planter walls in front of the new front porch); • Minimizing landform alterations and building heights with limited site grading (project voided “bumping up” of building sites with fill grade and has minimal grading at less than 25 cubic yards and 18-inches, and therefore is exempt from a Land Conservation Permit DMMC 23.32;
• Minimizing building heights by limiting plate heights to not exceed 10-feet (project proposes 8.5-foot plate heights);
• Minimizing building heights by maintaining a one-story appearance of the residence by limiting the roof ridge height increase to 2.2-feet with a maximum building height at 17’-6”; and
• Minimizing unnecessary bulk and mass by not exceeding the recommendation on FAR-exempt covered spaces of 15% or 324 square-feet for the project (project proposes 230 sq.ft. covered front porch which is less 10.6% and less than the maximum recommendation of 15%).

The project’s maximum building height (measured pursuant to the DMMC) is 17’-6” and is taken specifically from the northwest corner existing grade at the proposed covered patio. The adjoining grade on this area of the site currently slopes gently to the northwest and is approximately 4-feet lower than the existing residence’s finished floor constructed on a raised foundation. The 4-foot grade difference would be designed with 2-foot-high, 2-tiered planter walls abutting the northwest sides of the residence, providing a similar buffering and softening of the building façade as the existing planters. The Appellant stated at the March 26, 2025, DRB hearing they have no concerns for this northern portion of the project over the existing living area and front porch, which measures 17’-6” high, since there was never a view over this portion of the residence from their living room.

The Appellant’s area of contention for the project is located at the rear of the existing residence where the proposed primary bedroom and bath addition would be located.

The building height for this portion of the project measures approximately 13’-2”. See Applicant’s DRB plans, Section Plans, Sheet A4.0.

Staff researched the Appellant’s contention that the Applicant’s project would be much taller than the one-story residences to the west and north. This research included recent development plans for the property to the west at 471 Avenida Primavera (ADU21-011) and 484 Avenida Primavera (ADU18-001). These residences were built “slab-on-grade” on relatively flat building pads. The ADU plans depict the building heights on these 9 July 7, 2025 Item 16
City Council Agenda Report
DRB24-006 Parnell (De Novo Hearing)
July 7, 2025

properties to be 13’-9” and 13’-5”, respectively. The Applicant’s proposed addition at the rear of the existing residence would be 13’-2” and would actually be lower than the aforementioned one-story residences that exist to the west at 471 Avenida Primavera (13’-9” high) and to the north at 484 Avenida Primavera (13’-5” high). The project is consistent with the neighborhood scale and development pattern consisting of one-and two-story residences.

Design Review Board Recommendation
The Design Review Board unanimously agreed that there were no impacts to neighborhood compatibility and scale as a part of this project.

Board members agreed with staff’s review of the project and determined the project to be consistent with the Community Plan goals and objectives of maintaining low-scale development, and that the project scale and mass would be compatible and harmonious with the surrounding neighborhood which includes one-story and many two-story residences. The Board deliberated and stated they could not make DRO findings that the project is incompatible with the neighborhood scale/mass, and therefore, cannot support a reduction on the overall roof height, reduction of the roof pitch, or a request to utilize a flat roof design for the project.

Neighborhood Compatibility- Structural Siting (impacting sunlight) The Appellant express concern that the location of the addition would reduce sunlight to their residence.

Applicable DRO Regulatory Conclusion
DMMC Section 23.08.077 D. 2.
“The design is not harmonious with or is functionally incompatible with the surrounding neighborhood in respect to structural siting.”
Related Design Guidelines
• Design Guideline C.1 – Neighborhood Compatibility
• Design Guideline D.1 - Building Form and Massing
Staff Analysis
The Applicant’s lot is substandard in overall size at 8,654 square feet (R1-10 minimum lot size requirement is 10,000 square feet) and width at approximately 60 feet (R1-10 minimum lot width requirement is 75 feet). Due to the location of the existing residence close to the front yard setback, therefore limits placement of the addition at the rear of the lot. The subject lot is also approximately 4-feet lower than the Appellant’s property.

The Applicant has located the addition to the rear of the existing garage and has utilized the Design Guideline sections of maintaining low plate heights of 8.5-feet, constructing the finished floor at the existing grade, minimizing building heights by avoiding the use of fill grade, and utilizing a traditional roof gable. The project 10 July 7, 2025 Item 16
City Council Agenda Report
DRB24-006 Parnell (De Novo Hearing)
July 7, 2025

complies with all required yard setbacks and is also proposing to abate the existing side yard setback nonconformity along the eastern side of the existing garage. The project siting is consistent with the neighborhood development pattern.

The Appellant cites DMMC Section 23.51.010(D) and 23.51.020(A), Trees, Scenic Views and Sunlight Ordinance, specifically the reduction of sunlight to their residence.

DMMC Chapter 23.51 (Trees, Scenic Views and Sunlight Ordinance) pertains to the Planning Commission’s standards of review for TSVS applications for the restoration of lost sunlight (and scenic views) resulting from the growth of trees and vegetation on a neighboring property; is not within the purview of the DRB; and is not contained in the Design Review Board’s standards of review for DRB projects, which is DMMC Chapter

23.08 (Design Review).

Design Review Board Recommendation
Based on the DRB public hearing and discussion, it was discussed that some DRB members were informed by the Appellant during their respective site visits that the structural siting (and building height) of the proposed project could impact the natural (sun)light to their residence.

The Board determined they cannot make findings with respect to DMMC Section

23.08.077(D) that pertains to siting/location of the structure, specifically the location of the bedroom addition at the rear. Due to the project’s substandard lot size, the Board noted the location options for the addition would be limited on the property. In the same vein, the Board did not find impacts to the privacy of the Appellant’s residence due to the location of the structure, since the Appellant’s property is located approximately 4- feet higher in elevation than the Applicant’s property. Privacy is not an issue cited by the Appellant in this appeal request, but was an issue discussed at the DRB meeting. Board member commented in deliberations that if the addition was located farther away from the Appellant’s property, it may increase line of sight, and therefore may create privacy impacts.

Projects Requiring A Citizen’s Participation Program (CPP) The Appellant contends that the Applicant should have conducted a CPP for the project.

Applicable DRO Regulatory Conclusion
No applicable DRO Section
Staff Response:

Pursuant to DMMC Section 23.08.066, a CPP is required for projects that are proposing one or more of the following: a new second-story addition/element to a one-story residence; a new detached structure exceeding 500 square feet of bulk floor area. The project consisted of a remodel and an attached one-story addition to a one-story residence, therefore, the project did not require a CPP. 11 July 7, 2025 Item 16
City Council Agenda Report
DRB24-006 Parnell (De Novo Hearing)
July 7, 2025

CONCLUSION
It is staff’s recommendation that the concerns cited within the appeal were thoroughly reviewed, analyzed, and considered by the DRB. In rendering its determination, the Board considered standards enumerated in the Del Mar Municipal Code, Design Review Ordinance, City adopted Design Guidelines, staff’s report with detailed analysis, site visits to the Applicant’s and Appellant’s property, submitted materials, and testimony (written and oral) from the Applicant, Appellant and members of the public.

Should the Council agree with the recommendation of the Design Review Board and find the project consistent with the applicable sections of the DMMC, a resolution is included with conditions of approval for the Council’s adoption, and is included as Attachment B.

HOUSING IMPACT:

The proposed development involves an addition/remodel to an existing single dwelling and there would be no change to the number of dwellings constructed on the lot.

Therefore, approval of the requested discretionary development applications would have no impact on the City of Del Mar’s housing supply or housing affordability.

FISCAL IMPACT:

There is no fiscal impact to the City as this is a private development proposal. All fees associated with the project have been paid by the Applicant and the fees associated with the appeal have been paid by the Appellant.

ENVIRONMENTAL IMPACT:

Pursuant to requirements of the California Environmental Quality Act (CEQA), the Project has been determined to be Categorically Exempt per Section 15301 Class 1 (e) (1) (Existing Facilities), in that the Project proposes the construction of an addition to the existing residence which is less than 2,500 square feet, and further; it has been determined that none of the six exceptions to the use of a Categorical Exemption are applicable (Guidelines Section 15300.2).

ATTACHMENTS:

Attachment A.1 - Appeal Request Document
Attachment A.2- Appellant’s Supplemental Correspondence Attachment B - Draft Council Resolution for DRB24-006
Attachment C - March 26, 2025 DRB Staff Report and “Red Dot” Correspondence Attachment D - Applicant’s Correspondence
12 July 7, 2025 Item 16
Appeal of Design Review Board approval of case DRB24-006 on March 26, 2025, by the owners of 1540 Forest Way, Del Mar, CA 92014

1. Appellant:

Julie Fouquet
48 Hillbrook Drive
Portola Valley, CA 94028
415 517 0534
David Fouquet, co-owner
25837 Gettysburg Avenue
Hayward, CA 94545
650 464 1960

2. Subordinate Del Mar entity: Design Review Board (DRB)

3. Date of determination: March 26, 2025

4. Determination: Approval of DRB24-006 application for 483 Avenida Primavera.

5. Appellant’s interest: Proposed addition will permanently obstruct the scenic view from the primary living area of 1540 Forest Way, reducing enjoyment of occupants, significantly reducing the property value of 1540 Forest Way, and reducing light inside the home.

Upholding the DRB decision would set a precedent for view obstruction inconsistent with Del Mar Municipal Code.

6. Grounds for Appeal: Combination of “Findings not supported” and “Conflicts” Most importantly, Del Mar Munipal Code (DMMC) 23.08.077 part H’s statement that “The proposed development unreasonably encroaches upon primary scenic views of neighboring property” constitutes a “Regulatory Conclusion” basis for denial of approval as described in Del Mar Municipal Code 23.08.070. Other Regulatory Conclusion bases for denial include reduction of property value, reduction of sunlight and incompatibility with the surrounding neighborhood. Finally, the denial sets a city-wide precedent that encourages poor behavior.

Obstruction of View
During the Design Review Boards meeting on 3/26/25, planner Jean Crutchfield posted the following chart:

RECEIVED
By Skrietor at 9:07 am, 4/9/25 ATTACHMENT A.1
13 July 7, 2025 Item 16
The view from 1540 Forest Way is seen from the southern part of the living room, typically described as the dining area. This view comprises a row of tropical trees with blue ocean and horizon visible between the trees. Most of these trees were planted at 471 Avenida Primavera years ago. Their density has decreased during the last few years and may continue to decrease further in the future, revealing more of the ocean horizon. (Before these trees were planted, the house had a clear view of the horizon.) A row of tropical trees in front of an ocean horizon is a scenic view that many people would enjoy, especially when compared to a roof and a wall. (As I prepared the graphic showing the landmarks for the measurements, Microsoft PowerPoint generated “alt text” describing the view below as a tropical garden.) DMMC 23.51.010 B&C also recognize trees as form of scenic view.

Photo: Joseph Nickerson
14 July 7, 2025 Item 16
The proposed addition obstructs too much of the existing scenic view, regardless of which category is selected in the table above or which location is chosen within the dining area. Furthermore, this obstruction would be permanent.

The azimuthal obstruction percentage depends on the vantage point. Azimuthal (magnetic) angles were measured using a compass from two different vantage points: (1) The center of the dining area as defined by a rectangle, two sides of which are the groups of large glass windows. This central location is the typical location of the dining table. (2) The location of the chair in front of the desk in the dining room. These vantage points are marked in the following two photographs by black tape on the floor, identified by the tips of the red arrows. Furniture, such as the dining table and desk chair, was pushed aside to make these angle measurements.

This photo shows the center of the dining area:
15 July 7, 2025 Item 16
And this photo shows the location of the desk chair:

In measuring angles and calculating percentage of azimuthal obstruction viewed from the two locations described above, the following landmarks were used, identified by orange lines shown in the picture below.
16 July 7, 2025 Item 16
View from the center of the dining area:

Left palm tree: 196 deg
Left edge of proposed addition: 209 deg
Left edge of current house: 246 deg
Existing view between left palm tree and existing house: 50 deg (“middle” on the table above)
Angle obstructed by proposed addition: 37 deg
Portion of scenic view obstructed: 74%
View from the desk chair:

Left palm tree: 192 deg
Left edge of proposed addition: 197 deg
17 July 7, 2025 Item 16
Left edge of current house: 235 deg
Existing view between left palm tree and existing house: 43 deg (“slot” on the table above) Angle obstructed by proposed addition: 38 deg
Portion of scenic view obstructed: 88%
Regardless of whether the view is evaluated as “slot” or “middle”, and regardless of which type of scenic view this view is described as, the azimuthal portion of scenic view obstructed is over 3.5 times the maximum allowable percentage (20%) in the table. For a maximum of 15%, the obstruction could be over 5.5 times the maximum allowed.

The following photo comparisons show approximately how the proposed house would severely obstruct the view from the dining area:
18 July 7, 2025 Item 16
The angle of elevation of the roofline of the proposed addition is approximately 13 degrees as viewed from the desk chair. This elevation would clearly block the view of the setting 19 July 7, 2025 Item 16
sun behind the trees. Looking at the images with freshly-trimmed ivy, it is clear that the vertical extent of the proposed addition blocks over half of the vertical extent of the scenic view of trees and horizon.

Reduction of property value
The value of a view is difficult to determine without a formal evaluation by an expert. The findings of Benson, et al.1for the 0.43 mile distance to the ocean from 1540 Forest Way suggest that loss of 80% of the view might reduce the property value by 12 to 13%. Even if the devaluation were only 4%, the value of 1540 Forest Way would fall by over $120,000. To us, such a change is a material depreciation of value, the Regulatory Conclusion covered in DMMC 23.08.072.

Reduction of sunlight
The value of sunlight is described at several locations in the DMMC, including 23.51.010 D, and 23.51.020 A. Section 23.08.077 F specifically calls out adversely affecting the lighting of the local neighborhood as a Regulatory Conclusion. Depending on the location of the viewer within the dining area, the elevation of the proposed addition is between 10 and 13 degrees. These angles correspond to a loss of 30 to 45 minutes of (filtered) sunlight before sunset, as calculated by Microsoft Copilot at both solstices and equinoxes. This lost sunlight includes sunset, which can be particularly attractive.

Incompatibility with neighborhood
The proposed house is described as a single story home, but at 17.5 feet, it will be much taller than the existing neighboring houses to the east, north and west, which are closer to 11 feet high. DMMC 23.08.077 C and D calls out this incompatibility as a Regulatory Conclusion.

A Citizens’ Participation Program (CPP) process would have allowed for discussion of how to mitigate the view blockage and design incompatibility, in contrast to the formal DRB process, which specifies that members of the public can speak for only three minutes; no opportunities for rebuttals or to participate in any discussion are provided.

If discussion had been possible, we would have put forth several options to mitigate the problem while still being able to remodel 483 Avenida Primavera beautifully. They include:
- building the addition at or below the level of the current patio - lowering the plate height to 7.5 feet for the addition - using a flat roof for the addition
- using a shallower roof pitch overall
- stepping down the roof from the primary bedroom to the primary bathroom Reducing the ceiling height could be helpful for this bedroom/bathroom addition. One of us has a primary residence with a bedroom height of 13 feet that is decidedly not cozy, and a bathroom which almost always feels cold because all the heat rises to the high ceiling 20 July 7, 2025 Item 16
(and ceiling-mounted heat lamps are too far away to help). The proposed 16.5-foot height of the addition is even more vulnerable to these problems.

History and implications for Del Mar policy
Our parents bought 1540 Forest Way in 1959. We grew up in the house and frequently climbed over the fence to play with the Schoell kids at 483 Avenida Primavera. We enjoyed a beautiful ocean view from our house; Mom enjoyed spotting whales. Years later, after we grew up, Skyler Vincent wanted to build a large house at 471 Avenida Primavera, but the neighbors didn’t agree. Some of the story poles can be seen in the photo below. The roof in the photo belongs to 483 Avenida Primavera. This photo was taken from the dining area of our house.

Photo: Douglas Fouquet
Angry at the neighbors, Mr. Vincent then planted a solid row of tropical trees to block their views. Garry and Cozette Shirts, then-owners of 483 Avenida Primavera, and our father asked for permission to trim the trees at their expense. Mr. Vincent refused, and was very difficult to work with. Del Mar did not have an ordinance to address this matter, so Mr.

Vincent’s neighbors were on their own. Eventually, 471 Avenida Primavera was improved and an accessory dwelling unit was added. Both buildings are normal single-story height, compatible with the neighborhood.

After Garry and Cozette Shirts passed away, 483 Avenida Primavera was purchased by Henrik Jensen, who now sits on the DRB. Mr. Jensen wanted to build a three-story house, 21 July 7, 2025 Item 16
but the neighbors didn’t agree. He refused to permit anyone trim the hedge by Avenida Primavera, thereby blocking views of the ocean from houses up the street and causing the previously-attractive hedge to become unsightly. It appears likely that he also planted two new trees squarely in front of the primary view of our house; he knew where the view was located through our work with his architects. These new trees are marked by red arrows in the photo below.

If only an unobstructed view of the ocean – in contrast to a scenic view of trees – counts as a view to the DRB, then Del Mar is setting a precedent: owners should plant trees to block their neighbors’ views in order to obtain future approval to build tall houses that permanently block their neighbors’ views. Such a policy is not likely to encourage good neighborly relations.

Comments
We have met online and exchanged emails with the architecture firm Bokal and Sneed over the years, and at least one member of the firm has viewed 483 Avenida Primavera from 1540 Forest Way. Unfortunately, we were not able to accommodate a last-minute request by their consultant to meet at 1540 Forest Way before the DRB meeting. However, we did invite their team and the owners to visit at 10 am the morning following the meeting. None of them showed up. We are still willing to discuss options. 22 July 7, 2025 Item 16
Finally, thank you very much for your time in addressing this matter, and for your dedication to Del Mar.

Note
Earl D. Benson, Julia L. Hansen, Arthur L. Schwartz, Jr, Greg T. Smersh, Pricing Residential Amenities: The Value of a View, J. Real Estate Finance and Economics, 16:1, 55-73, 1998.

Attachment
Letter from Joseph Nickerson, tenant at 1540 Forest Way 23 July 7, 2025 Item 16
Joseph Nickerson
1540 Forest Way
Del Mar, CA
[email protected]
(914) 629-8107
April 7, 2025
Sarah Krietor
City of Del Mar
Planning and Community Development Department
1050 Camino Del Mar
Del Mar, CA 92014
Subject: Support for Julie and David Fouquet’s Appeal of the Design Review Board’s Decision on 483 Avenida Primavera
Dear Ms. Krietor,
I am writing to express my strong support for Julie and David Fouquet’s appeal to the Design Review Board’s decision to approve the construction project at 483 Avenida Primavera. As a current tenant of Julie and David’s home at 1540 Forest Way, I have seen firsthand how the proposed construction will significantly obstruct the ocean and horizon views from the main living spaces of the home, including the living room, dining room, and bedrooms. The new structure will drastically reduce the view from the primary living spaces and completely obstruct the horizon from the bedrooms.

Julie and David have a deep and longstanding connection to 1540 Forest Way, having grown up in the home and carefully maintaining it as responsible property owners. They have been thoughtful stewards of their community, renting to carefully vetted tenants and fostering positive relationships with neighbors. The approval of this project not only disregards their concerns but also disrupts the character and livability of their home for future residents. Should they decide to move back in or eventually sell the home, the loss of ocean views and the impact on the property’s ambiance will be permanent and substantial.

Additionally, the manner in which this project has been pursued raises concerns. The Fouquet’s were caught off guard by the lack of a Citizens Participation Program for the plans for 483 Avenida Primavera, and it has been iterated to me that the property owners have engaged a major international consulting firm to push the project forward. This level of investment suggests an awareness that the development is controversial and would likely face opposition. Given these circumstances, it is disheartening and, in my view, unfair that the Design Review Board has allowed the project to move forward despite the valid objections of long-standing community members.

I urge the City of Del Mar to give full consideration to Julie and David Fouquet’s appeal. Their concerns are not just about personal views but about preserving the integrity of their home, the character of the neighborhood, and ensuring that long-time property owners are not overpowered by well-funded development interests.

Thank you for your time and attention to this matter. I appreciate your consideration and hope that the City will take the necessary steps to protect the rights of responsible, long-term community members like Julie and David.

Sincerely,
Joseph Nickerson
24 July 7, 2025 Item 16

ADDITIONAL COMMENTS
PURSUANT TO DE NOVO HEARING GRANTED MAY 19, 2025
June 30, 2025
Appeal of Design Review Board approval of case DRB24-006 on March 26, 2025, by the owners of 1540 Forest Way, Del Mar, CA 92014

1. Appellants:

Julie Fouquet
48 Hillbrook Drive
Portola Valley, CA 94028
415 517 0534
David Fouquet, co-owner
25837 Gettysburg Avenue
Hayward, CA 94545
650 464 1960

2. Subordinate Del Mar entity: Design Review Board (DRB)

3. Date of determination: March 26, 2025

4. Determination: Approval of DRB24-006 application for 483 Avenida Primavera.

5. Appellant’s interest: Proposed addition stands to permanently obstruct a large portion of the scenic view from the primary living area of 1540 Forest Way, a directly adjacent property.

Proposed remodel will reduce light inside 1540 Forest Way and reduce property value.

6. Grounds for Appeal: (a) scenic view, (b) sunlight, (c) property value, (d) incompatibility with neighborhood, and more generally (e) lack of Citizens’ Participation Process (CPP) (a) The proposed addition stands in stark violation of the Del Mar Municipal Code (DMMC)

23.08.077 H, which reads: “The proposed development unreasonably encroaches upon primary scenic views of neighboring property.” (Emphasis added) (b) 23.08.077 F and other parts of the code address reduction of sunlight. (c) 23.08.072 addresses the reduction of property value. (d) 23.08.077 C and D address incompatibility with the neighborhood. (e) More generally, 23.08.066 indicates that this proposal should have been handled by the Citizens’ Participation Program but instead was routed through the design review board process.

APPENDIX TO THE APPEAL FROM MAY 19, 2025 (Item XII No. 13) Lack of Citizens Participation Program
Del Mar Municipal Code 23.08.066 A 3 states that a proposed project which “holds the potential to cause adverse impacts on the surrounding neighborhood … warrants the implementation of a Citizens’ Participation Program.” The Planning Director effectively failed to recognize that while the proposed remodel is nominally a single story building, its maximum height is closer to that of ATTACHMENT A.1
25 July 7, 2025 Item 16
a two-story house. The CPP would have provided a mediated forum for discussion of how to mitigate the view blockage and design incompatibility. In contrast, the formal Design Review Board (DRB) process specifies that members of the public can speak for only three minutes; no opportunities for rebuttals or to participate in any discussion are provided. We invited the applicant team to visit our house after the DRB meeting, but none of them came.

We emphasize that we do not oppose this project outright; we appreciate that the proposed house is not exceptionally high like previous proposals for this lot and 471 Avenida Primavera. It remains our firm belief that an acceptable, and yet striking, remodel of 483 Avenida Primavera is possible— on the footprint of the proposed plans, including the addition, without destroying our scenic view. Since we now face the destruction of our view, we are appealing the DRB decision.

In the absence of a CPP process, we have directed our attorneys to propose a settlement whose main points are:
- The current garage encroachment near the shared property line can continue. - The maximum height of the new roof can increase by 18 inches over the maximum height of the existing roof.
- The northern portion of the proposed addition can also have the abovementioned increased height and it can extend two feet beyond the southern edge of the existing roof.
- The height above sea level of the southern portion of the proposed addition should not exceed that of the bottom of the existing roof as denoted by the yellow arrow in the photo below.

If both parties are able to reach an enforceable, mutually acceptable agreement on the matter of roof heights for this project, we are willing to withdraw this appeal and, as appropriate, agree not to pursue future litigation with respect to this project (as long as the parameters agreed to are followed).
[CONTINUED ON NEXT PAGE]
26 July 7, 2025 Item 16
Scenic View Obstruction
We are requesting that the City of Del Mar uphold its own regulations in regards to how much of an existing primary scenic view may be obstructed by new construction. Del Mar Municipal Code

23.08.040 B discusses the requirement to protect scenic vistas and 23.08.077 H calls out encroachment on primary scenic views of neighboring property.

As shown in the appeal, the view from 1540 Forest Way is seen from the southern portion of the living room, typically described as the dining area. The view comprises a row of tropical trees with blue ocean and horizon visible between the trees, as shown below:

This area is where occupants and guests gather, appreciating the view and the light. While many choose to dine there, tenants have located desks and sofas in this area as well.

This primary view is observed from the large windows in the living room, looking west towards the ocean past the south end of 483 Avenida Primavera as shown from above in the following photo:
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27 July 7, 2025 Item 16
The current azimuthal view angle and the proposed view blockage as seen from the center of the dining area (calculated on pp. 3 – 5 of the appeal) are shown below.

As described on p. 5 of our appeal, the calculated obstruction is 74%, far exceeding the maximum permitted blockage of 20% for any type of scenic view. Del Mar’s permissible obstruction chart is reproduced on p. 2 of our appeal. This chart recognizes several different types of scenic views, not just blue water. Senior Planner Matt Bator also confirmed at the 5/29/25 meeting of the Del Mar City Council that an unobstructed ocean view is not the only type of view that matters.

The image below uses outlines to show how the proposed construction will obstruct the primary westward view from the east side of our dining area:
28 July 7, 2025 Item 16
Reduction of sunlight
Del Mar Municipal Code 23.08.077 F addresses reduction of sunlight. The unusually tall proposed remodel will block sunlight from all rooms along the west side of 1540 Forest Way. For example, looking out of one of the high bedroom windows on the left side of the house, it can be seen that the proposed addition will cast a shadow earlier in the day than the existing house does. 29 July 7, 2025 Item 16
From the primary living area, the proposed addition will block from 10 to 13 degrees in the vertical (altitude) direction, depended on the location within the primary living area and whether the viewer is seated or standing. This will cause the loss of 30 to 45 minutes of filtered sun, and loss of the sunset. The following photos show the current view from the desk chair and the shadow cast by the proposed project. The location of sunset during the winter solstice is shown as well; while the filtered sunset can be appreciated from 1540 Forest Way with the current 483 Avenida Primavera house, this will be blocked by the proposed project.

Reduction of property value

23.08.072 of the Del Mar Municipal Code covers the reduction of property value due to a proposed project. Co-owner David Fouquet communicated with several real estate appraisers, attempting to determine how the proposed project at 483 Avenida Primavera would affect the value of 1540 Forest Way. They were reluctant to perform such an appraisal, expressing concern that the expected decrease in market value depends on the state of the real estate market at the time a home is sold. Rough estimates ranged around 5%, which is lower than the 12 to 13% from Benson et al. (reference the original appeal). Using the current value of 1540 Forest Way from Zillow, 5% still amounts to approximately $155,000. This amount represents a significant loss for us.

Incompatibility with neighborhood
Lots in this section of Del Mar were laid out with their shorter dimensions running in the uphilldownhill directions. This caused the lots to be more level than if their longer dimensions ran uphill-downhill, but also made it easier for houses to block each other’s views. House heights in the area are typically about 11 to 12 feet. (The existing 483 Avenida Primavera stands a little higher because it is built on a raised foundation rather than the concrete slabs commonly used in the neighborhood.) Many of the homes in the area have been remodeled without increasing their height. The 17.5-foot height of the proposed house does not fit with the neighboring houses to the east, north and west, and is unquestionably unfair to neighbors whose own home remodels were more consistent with the neighborhood.

Finally, thank you again for your time in addressing this matter, and for your dedication to maintaining the historic character of Del Mar.
30 July 7, 2025 Item 16
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, APPROVING DESIGN REVIEW PERMIT DRB24-006, A
MAJOR REMODEL OF AN EXISTING 1,578 SQUARE-FOOT, ONESTORY RESIDENCE THAT WOULD INCLUDE CONSTRUCTION A 689 SQUARE-FOOT ADDITION AND VARIOUS IMPROVEMENTS
TO THE PROJECT SITE LOCATED WITHIN THE R1-10 ZONE AT
483 AVENIDA PRIMAVERA, DEL MAR, CALIFORNIA
Assessor Parcel Number (APN): 299-290-04-00
WHEREAS, Lisa M. Parnell (Trustee of the Footer Residence Trust II ACF FBO Lisa M. Parnell UTA dated 12/18/12, as to an undivided 50.00 interest and Lisa M. Parnell, Trustee of the Footer Residence Trust II TLF FBO Lisa M. Parnell UTA dated 12/18/12, as to an undivided 50.00 interest, all as Tenants in Common) (“Applicant”), is the owner of real property commonly referred to as 483 Avenida Primavera (APN 299-290-04-00) (Property); and
WHEREAS, the Applicant filed an application for Design Review Permit DRB24- 006, to remodel the exterior of an existing 1,578 square-foot, one-story residence with attached garage. Proposed improvements include: demolishing 87 square feet of floor area from the residence and garage; demolishing rear patio cover; constructing a 689 squarefoot, one-story addition with roof modifications (totaling 2,159 square foot residence); constructing a new 230 square-foot Floor Area Ration (FAR)-exempt covered front porch; constructing a new pool and associated mechanical equipment; and installation of new exterior lighting, landscape, hardscape and site improvements on land located within the R1-10 zone at 483 Avenida Primavera, Del Mar, California; and WHEREAS, the Project constitutes a request as provided by Title 23 of the Del Mar Municipal Code (DMMC); and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City’s adopted CEQA Supplemental Regulations, the Project has been found to be Categorically Exempt per Section 15301 Class 1 (e) (1) (Existing Facilities), in that the Project proposes the construction of an addition to the existing residence which is less than 2,500 square feet, and further; it has been determined that none of the six exceptions to the use of a Categorical Exemption are applicable (Guidelines Section 15300.2); and WHEREAS, the project would remodel an existing single-unit dwelling in the “Low Density Residential (R1-10) Zone. Therefore, approval of the requested discretionary development applications would have no impact on the City of Del Mar’s housing supply or housing affordability; and

ATTACHMENT B
31 July 7, 2025 Item 16
Resolution No. 2025-XX

WHEREAS, on March 26, 2025, the Design Review Board (DRB) of the City of Del Mar held a duly noticed public hearing to review DRB24-006, and at which time all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
a. Project plans submitted by the Applicant;
b. Written information submitted with the application;
c. Oral testimony from City staff, the Applicant and the public; d. Staff Report, dated March 26, 2025, which is incorporated by this reference as though fully set forth herein;
e. Additional information submitted during the hearing (if any); and WHEREAS, DMMC Section 23.08.070 provides that a request for a Design Review Permit shall be approved unless the Design Review Board makes findings of fact based upon information presented during a public hearing that support one or more of the Regulatory Conclusions set forth therein; and
WHEREAS, the Design Review Board of the City of Del Mar found that based upon the evidence presented at the public hearing on March 26, 2025, including written and oral staff reports, public written testimony, Applicant’s and Applicant’s representative’s written and oral testimony, and in accordance with DMMC Section 23.08.070, the Design Revie Board found that the Project, as conditioned, will not be detrimental to the Community based on the Regulatory Conclusions Sections of DMMC Chapter 23.08 (Design Review) and approved the project (4-0-0-3, with 3 recusals due to proximity conflicts to the project site); and
WHEREAS, on April 9, 2025, Julie and David Fouquet (Appellants) submitted an appeal request in a timely manner with the City Clerk pursuant to DMMC Section 1.12 (Appeals); and
WHEREAS, on May 19, 2025, the City Council conducted an Initial Consideration and determined, in the manner set for in DMMC Section 1.12 (Appeals), to set the matter for a de novo public hearing; and
WHEREAS, based on the City Council’s action to set the matter for a De Novo hearing, the Design Review Board’s decision became advisory only; and WHEREAS, on July 7, 2025, the City Council held a duly noticed hearing and conducted a De Novo public hearing to review DRB24-006 and at which time all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include without limitation:
32 July 7, 2025 Item 16
Resolution No. 2025-XX

a. Plans submitted by the applicant.
b. Written information submitted with the application.
c. Agenda report, dated July 7, 2025, which is incorporated by reference as though fully set forth herein.
d. Additional information submitted during the hearing; and WHEREAS, DMMC Section 23.08.070 provides that a request for a Design Review Permit shall be approved unless the City Council (on appeal) makes findings of fact based upon information presented during a public hearing that support one or more of the Regulatory Conclusions set forth therein.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that based upon the evidence presented at the public hearing held on July 7, 2025 including written and oral staff reports, public written testimony, Applicant’s and Applicant’s representative’s written and oral testimony, and in accordance with DMMC Section

23.08.070, the City Council of the City of Del Mar finds that the Project, as conditioned, will not be detrimental to the Community based on the Regulatory Conclusions Sections of DMMC Chapter 23.08 (Design Review).

NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Del Mar, that Design Review Permit DRB24-006 is hereby approved subject to the following conditions:

GENERAL CONDITIONS
** Any gaps in numbering are intentional
G-1 [Business License]
Prior to commencement of any work on site, all contractors and subcontractors shall obtain a valid City of Del Mar Business License. The general contractor shall be responsible for ensuring that all subcontractors obtain the required Business License and shall retain copies of said permits on site for verification by City staff.

G-2 [Utility Undergrounding Threshold]
If the total cost of new construction exceeds $7,500 (as determined by the Building Department), all new utility service connections shall be placed underground consistent with the provisions of Section 30.86.210 of the Del Mar Municipal Code.

G-3 [Development Authorization Limited to Plan-Set]
This permit is granted based on submitted plans dated March 26, 2025, by the Planning and Community Development Department and so identified by the staff of the Del Mar Planning and Community Development Department. Revisions to these plans and/or any proposals for modification shall require review and prior authorization from the appropriate entities of the City of Del Mar.
33 July 7, 2025 Item 16
Resolution No. 2025-XX

G-4 [Encroachment Permit for Work in the Public Right-of-Way] Any work proposed or required within a City of Del Mar public right-of-way or access easement, or required within a public right-of-way or access easements pursuant to the conditions of approval of this Permit, shall be subject to the prior receipt of a City of Del Mar Encroachment Permit. Applications for Encroachment Permits shall include plans depicting all proposed private and public improvements including, but not limited to, improvements involving drainage, grading and/or public utilities. The required Encroachment Permit shall be subject to review and approval by the City of Del Mar in accordance with the procedures set forth in the DMMC and may include requirements for inspections and/or submittal of a security deposit(s). Please note that Design Review Board or Planning Commission approval of plans indicating right-of-way improvements does not constitute approval of the separately required Encroachment Permit.

G-5 [Requirement for Building Permits]
Prior to commencement of work, the Applicant or agent shall obtain all required Building Permits.

G-6 [Construction and Demolition Waste Recycling Requirement] Owners and builders generating any construction and demolition debris on a project must comply with the minimum requirements regarding recycling or reuse for salvage set forth in the 2016 California Green Building Standards Code, Title 24, Part 11. This includes, but is not limited to, the submittal of a Construction Waste Management Plan and a minimum diversion of 65 percent of non-hazardous construction and demolition waste.

Signage shall be posted on-site with information identifying materials to be diverted.

G-7 [Code Compliance]
Approval of this application shall not waive the requirement for compliance with the provisions of the Del Mar Municipal Code or other applicable City regulations in effect at the time of Building Permit issuance, unless specifically waived in this permit authorization.

G-8 [Height Certification Prior to Framing Sign-Off]
A framing inspection by the Planning Community Development Department shall be required prior to the Building Department framing inspection for the Project. At that time, the Applicant shall provide a statement from a Licensed Surveyor certifying that the building height is in conformance with the approved plans for the Project. The survey required herein shall be prepared using City of Del Mar approved vertical benchmarks for building height certification and reported to 0.01 of a foot.

G-9 [Story Pole Removal]
Story poles shall be removed from the property within 10 calendar days following the date of the City’s final action on the Project.
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Resolution No. 2025-XX

G-10 [Plan for Construction-Phase Impacts]
Prior to issuance of Building Permits or commencement of Project implementation (whichever comes first), the Applicant shall provide a plan for construction-phase parking and equipment/materials storage for the Project. The plan must include the following:
a. Identification of an on-site material storage location; b. Identification of an on-site equipment storage location; c. Identification of at least two on-site parking space which will remain available throughout the duration of the Project;
d. Location of any temporary sanitary facilities;
e. A note stating that “If on-street parking is utilized, a minimum street access clearance of 20ft. will be maintained”;
f. Map displaying any/all haul routes; and
g. Contact information (phone number and Email) for the on-site supervisor(s);

1. This information must also be posted on-site in a location which is readily visible from the public right-of-way for the duration of the Project.

The plan required herein shall be subject to the review and written approval of the Planning and Community Development Director, working in consultation with Parking Enforcement and Public Works Departments. Haul routes and work and/or storage of material or equipment within a City right-of-way will require the receipt of an Encroachment Permit. The requirements mentioned above may be modified by the Planning and Community Development Director upon a determination that sufficient alternatives have been proposed which achieve a similar level of compliance.

G-10A In addition to the submittal of a Construction Phase Impact Plan, the Applicant must place a Construction Parking Placard in all vehicles associated with the Project which will be parked off-site. The placard must remain in plain view on the dashboard of the vehicle throughout the duration of the Project. A Construction Parking Placard can be obtained from the City of Del Mar Planning Department.

G-12 [Permit Expiration]
This permit shall expire three years from the date of approval, on July 7, 2028, unless a Building Permit has been issued (if required by the DMMC) and substantial construction has been accomplished in reliance upon the permit. Pursuant to the DMMC, substantial construction is defined as: completion of a minimum of 10 percent of the total amount of construction authorized by the permit, based on the monetary value of construction costs including grading, site preparation and construction but specifically excluding all costs associated with the acquisition of interest in the Project site and all costs associated with the preparation and processing of permits or plans.
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Resolution No. 2025-XX

G-13 [Pre-Construction Meeting]
Prior to any demolition, construction, and/or land disturbances occurring on-site, a preconstruction meeting shall be held. As deemed appropriate by the City, attendees to this meeting shall include representatives from the City of Del Mar’s Planning and Community Development Department, City Engineer, City Clean Water Manager, the Project Contractor/Superintendent, the Project Architect, the Project Engineer, the property owner and any others essential for the proper implementation and completion of this Project. At a minimum, the following issues shall be reviewed at this meeting:
• City of Del Mar inspection requirements.
• Process for requests for plan modification and determinations of substantial conformance.
• Discretionary permit conditions and requirements.
• Construction hour limitations and noise standards.
• Construction access and parking including equipment/materials storage and maintenance.
• Work within public rights-of-way and/or easements.
• Stormwater Best Management Practices (BMPs).
• Tree-preservation requirements.
• Demolition Permit requirements.
• Signage requirements/limitations.
• Neighborhood impact issues.
• Key contact information.
• Business license requirements.
• Any other pertinent construction related activities and or information.

G-15 [Compliance with City Noise Regulations]
The Applicant and all parties involved with implementation of the Project shall comply with the regulations of the DMMC with regard to construction noise. The regulations stipulate that all construction activities are limited to the following periods: between 7:00 AM and 7:00 PM, Monday through Friday and between 9:00 AM and 7:00 PM on Saturdays. Construction activities are prohibited during other hours and on Sundays and City Holidays. The City’s Noise Ordinance, DMMC Chapter 9.20, includes the dates of City Holidays, and can be viewed on the City’s web page (www.delmar.ca.us).

G-16 [Dig Alert]
Prior to excavation or trenching, the Applicant shall call Underground Service Alert of Southern California (Dig Alert 800-227-2600) for a mark-out of service utilities.

G-17 [Rules for Construction-Related Signage]
All construction-related signage posted at the Project site shall comply with DMMC Chapter

30.84 (Signs). The pertinent sections of the Sign Chapter allow installation of a total 5.5 square feet of temporary signage on a residential property (that is cumulative of all signs posted). Such signs may be posted for a maximum of sixty (60) days in a calendar year. 36 July 7, 2025 Item 16
Resolution No. 2025-XX

The restrictions noted above do not apply to the Development Pending, Construction Noise Notice and Building Permit signs required by the City as part of the Project review process.

All construction related signage, including City required signs, shall be removed prior to final approval of the Project.

SPECIAL CONDITIONS
S-13 [Pool/Spa Heating]
Prior to the issuance of Building Permits, the applicant shall provide verification, to the satisfaction of the Planning and Community Development Director, that any proposed pool heating system is in compliance with DMMC Section 23.20.060, in that: 1) all swimming pools proposed to be heated shall be heated solely by use of a solar pool heating system or other energy efficient system deemed acceptable by the City as being compliant with the provisions of DMMC Chapter 23.20; and 2) no conventional swimming pool heating systems shall be installed, except for those spas or Jacuzzis whose water surface area is less than seventy-five (75) square-feet.

FIRE DEPARTMENT CONDITIONS
F-1 [Class “A” Roof]
All structures shall be provided with a Class “A” Roof covering to the satisfaction of the California Building and Fire Code. NO wood shake shingles are allowed.

F-10 [Address Numbers]
STREET NUMBERS: Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach.

Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: 4” high with a 3/8” stroke for residential buildings, 8” high with a ½” stroke for commercial and multi-family residential buildings, 12” high with a 1” stroke for industrial buildings. Additional numbers shall be required in following locations; where deemed necessary by Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers. ALSO; where structures are located off a roadway on long easements/driveways, a monument marker shall be placed at the entrance where the easement/driveway intersects the main roadway. Permanent address numbers with height conforming to Fire Department standards shall be affixed to this marker.

F-12 [Automatic Fire Sprinkler System-Commercial, Multi-Family And Residential Structures And Garages; Fire Department Connections For Multi-Family And Commercial Sprinkler Systems And Related Control Valves]
All structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the California Fire Code and Del Mar Municipal Code 10.04.

Plans for the automatic fire sprinkler system shall be submitted prior to start of 37 July 7, 2025 Item 16
Resolution No. 2025-XX

construction and approved by the City designated fire plans examiner prior to any on site building construction inspection (other than slab, grading inspection) by a building official.

Fire Department Connections (FDC) for fire sprinkler and standpipe systems shall meet the following requirements: shall be mounted at the following height(s); 36 to 42 inches above finished grade, to the top of connection.
• If FDC is installed separate from the Backflow/Double Detector Check, it shall be located a minimum of 5 feet from the Backflow/DDC valve. • When an FDC is attached to Backflow/DDC, the FDC mounting height shall still be 36 to 42 inches max above finished grade
• If the Backflow/DDC is installed without an FDC, both OS&Y valve handles shall be mounted 36 to 42 inches above finished grade.
• Bushes, trees and similar foliage shall not be located within a radius of 5 feet of an FDC or Backflow/DDC valve assembly. Ground cover landscape is acceptable.” F-13 [Smoke and CO Detection]
Smoke alarms and carbon monoxide alarms shall be installed, as required by California Building or Fire Codes.

F-18 [Roadway Clearance During Construction]
In accordance with the California Fire Code and California Vehicle Code, during Project construction, all roadways shall maintain a minimum travel clearance width of 20 feet, with such area free of Project equipment or materials, including the parking of construction-related vehicles.

WATER CONSERVATION:

WC-01 [Compliance with City and State Water Conservation Policies and Regulations] Prior to issuance of building permits, the applicant shall provide a Landscape Documentation Package (LDP) for the project prepared by a landscape architect or landscape contractor licensed by the State of California. The LDP required herein shall include anticipated water use calculations for the project's landscape and irrigation components. The LDP shall be accompanied by a certification from the preparer that the LDP is in compliance with the City's adopted water conservation policies in effect at the time of LDP preparation, including Del Mar Municipal Code Chapter 23.60 (Water Efficient Landscape Ordinance) and any guidelines adopted by the City for such ordinance. The preparer shall also certify that the LDP is in compliance with the Governor's Executive Order Nos. B-29-15 and B-36-15, which call for compliance with landscape/irrigation water use standards set by the California Building Standards Commission and the California Department of Housing and Community Development.
38 July 7, 2025 Item 16
Resolution No. 2025-XX

The LDP shall be subject to the review and written approval of the Director of Planning and Community Development (Director). The Director shall, as deemed necessary, work in consultation with the City's Landscape Architect, with the costs for such consultation to be borne by the applicant or his/her designee. If the submitted LDP is found not to be in compliance with the standards referenced herein, it shall be revised accordingly and resubmitted for compliance review.

In the event that compliance with this condition results in the need to modify a landscape or irrigation plan approved as part of a discretionary permit granted by the City, the Director shall have discretion to authorize changes of landscape materials in a manner that retains like-for-like consistency with the parameters of the project's approved discretionary permit, with such parameters to include: the sie of landscape material to be installed and its anticipated mature height; and the location of any trees to be installed.

WC-02 [City Inspection for Compliance with Project's Landscape Documentation Package]
Prior to final sign-off on implementation, the project shall be subject to inspection by City staff for compliance with the Landscape Documentation Package (LDP) required pursuant to the project's conditions of approval. The inspections shall include review for compliance with the irrigation and landscape plans included as component parts of the LDP.

ENGINEERING DEPARTMENT CONDITIONS:

E-1 [Separate Permits for Off-site Work]
All improvements to off-site facilities, including the provision of access road and/or utility lines as proposed or required pursuant to the conditions of this Permit, shall be subject to the receipt of separate City permits, as applicable.

E-2 [Drainage Plan]
Prior to issuance of Building Permits, the applicant shall provide a detailed Drainage Plan for the project prepared by a Registered Civil Engineer or Licensed Architect. The Plan shall be prepared in accordance with the latest edition of the City’s “Applicant’s Guide to Procedures for a Grading Permit” and shall be subject to the review and approval of the Planning and Community Development Department Director in consultation with the City Engineer. The Plan required herein shall be prepared to minimize the amount of impervious surface area of the development and to maximize the on-site dissipation of storm water run-off. The Plan shall be in compliance with applicable National Pollutant Discharge Elimination System (NPDES) stormwater requirements and shall incorporate the use of “Best Management Practices” (BMPs) to control runoff or discharge onto the City rights-of-way and to avoid run-off onto adjacent private properties.

In addition to the considerations listed above, the Plan shall also address/incorporate the following:
39 July 7, 2025 Item 16
Resolution No. 2025-XX

E-2A A topographical map indicating property lines, topographic features and existing and/or proposed structures prepared by a Registered Civil Engineer or a Licensed Land Surveyor. Said map shall include two-foot contour lines and/or sufficient spot elevations to clearly represent existing and proposed topographical features, and existing and proposed drainage patterns. Said map shall also show entire property boundary including any assumed found monuments, and bearings and distances based on record information. Survey shall extend minimum 25 feet beyond limits of property line and adjoining right-of-way;
E-2B The location of all existing or proposed easements within the property boundary;
E-2C The location of all roof down-spouts and any proposed collection system, with information regarding pipe alignments, invert elevations, slopes, sizes, and the discharge location of said collection system;
E-2D Depict the location of site utilities and location of proposed swimming pool and patio deck;
E-2E Depict location of pool pump and filtering equipment on plan set. Location per Planning Department conditions;
E-2F The Plan shall specify that swimming pool drainage will be collected and conveyed into sanitary sewer systems unless otherwise required or authorized by the Planning and Community Development Director. Provide a sewer lateral within ten feet of the proposed swimming pool to drain pool for periodic maintenance;
E-2G The manner in which landscaped areas will be drained. The Plans shall ensure that no area drains will be installed within landscape areas which are subjected to irrigation run-off;
E-2H The methods for providing temporary erosion control during the construction phase of the project, complete with the inclusion of standard grading and erosion control notes on the plans;
E-2I The manner in which drainage from retaining wall sub-drains and sump pumps will be collected and conveyed. The Plan shall specify that such drainage shall not be discharged onto City streets and that drainage from sub-drains and sump pumps shall discharge on the project site to allow percolation back into the soil;
E-2J The manner in which drainage shall be controlled to eliminate the discharge of nuisance water and to ensure that existing or proposed private pipe outlets will not convey or discharge nuisance water onto adjacent properties 40 July 7, 2025 Item 16
Resolution No. 2025-XX

or into the public right-of-way (i.e., from irrigation, swimming pool splash run-off, planter area drains, French drains, etc.);
E-2K Interception of run-off from the proposed driveway to preclude direct flow to the adjacent streets right-of-way. This may be accomplished by incorporation of pervious driving surfaces, diversion to landscaped areas using swales or grates, etc. The project engineer’s evaluation shall include, but not be limited to, consideration of the potential effect of proposed construction on site groundwater and moisture conditions. Provide spot grades and/or contours to substantiate design;
E-2L The inclusion and maintenance of a 5-foot wide buffer zone to be maintained along the edge of pavement along the street frontage. No obstructions (i.e., walls, trees, benches, etc.) shall be permitted within this area;
E-2M Depict the existing sewer and water mains and laterals serving the residence;
E-2N All Retaining walls along property lines shall be depicted in plan and profile.

The limits of retaining wall footings shall be depicted in the plan view; E-2O Include storm drain run-off "Best Management Practices" that minimize the volumes of urban run-off discharge to City rights-of-way, as acceptable to the City Engineer. Indicate how the proposed bio-infiltration/retention area or bio-swale will discharge off-site without causing erosion. Depict the location of erosion control devices to be implemented in the event of rainfall;
E-2P Ensure that the development will minimize the amount of impervious surface area and maximize the on-site dissipation of storm water run-off; E-2Q Provide elevations and slope call-outs to clarify how water will drain around the proposed patio hardscape, with assurances the runoff will not be conveyed over sensitive topographic features;
E-2R Include landscaping plans with characteristics that maximize infiltration, provide retention, reduce irrigation and storm water run-off, use efficient irrigation, and minimize the use of fertilizers, herbicides and pesticides; E-2S Include a Hydrology/Hydraulic Report prepared by a Registered Engineer that addresses how storm water will be adequately collected and conveyed on and across the subject property. The report shall also address the tributary area for run-off directed to and across the subject property. The report shall Address”
41 July 7, 2025 Item 16
Resolution No. 2025-XX

a) The tributary area for run-off directed to and across the subject property. b) Calculations and details demonstrating that if proposed inlets/outlets, etc. are plugged or overloaded, the site is capable of conveying storm flows in a manner that is not detrimental (including flooding and erosion) to surrounding properties.
c) Shall address both existing and proposed conditions. d) Shall provide calculations for the 2-year and 100-year events for pre and post conditions.

E-2T Incorporate all recommendations pursuant to the Hydrology/Hydraulic Report prepared for the project. This includes the detailing in the plan set of any bio retention/infiltration or vegetated swales which are proposed.

Mitigate for any increase in runoff generated by this development; E-2U If the project involves demolition of an existing structure or surface improvements, the grading and erosion control plans shall be approved by the City Engineer prior to the issuance of a demolition permit. No demolition shall be permitted without an approved erosion control plan; E-2W Following construction completion, the project designer shall inspect asbuilt improvements. Significant discrepancies, if any, between the approved plans and as-built conditions shall be brought to the attention of the Planning and Community Development Department and City Engineer. An as-built plan prepared by the project designer will be required. Prior to final sign-off by the City Engineer, the project designer shall sign the as-built plan indicating that the project was completed in accordance with said plan.

E-3 [Engineering Fee]
Prior to issuance of Building Permits, the applicant shall provide fees as delineated in the City’s Engineering Review Fee Schedule as funds necessary for Engineering Department review of the proposed site improvements. If additional review beyond the scope outlined in the Engineering Review Fee Schedule becomes necessary, a supplemental deposit(s) will be required.

E-4 [Installation of Public Improvements]
E-4A The applicant shall perform street repairs on a portion of Avenida Primavera adjacent to the property. Said Street shall have dig-out performed on any distressed pavement and shall receive a 1-1/2” grind and overlay full width adjacent to property which shall include all transitions, drainage facilities, and other improvements as deemed necessary by the City Engineer. Said improvements shall be subject to inspection and approval by the City Engineer. A separate cost estimate is required for the work within the public 42 July 7, 2025 Item 16
Resolution No. 2025-XX

right-of-way. Additional review fees will be required based on the City’s standard fee schedule for public improvements; and
E-4B The applicant shall construct a mountable 4” asphalt concrete along the property frontage with transitions to the existing improvements. The applicant shall also construct a San Diego Regional Standard Driveway, G14, apron for the new driveway location, E-5 [Private Drains]
E-5A Unless specifically authorized in permit plans, drains in landscape areas discharging to public rights-of-way shall not be allowed. Drains discharging into public rights-of-way may be authorized, subject to review by the City Engineer and only if warranted by unique site conditions. In such cases, design elements shall be incorporated into the plans which reduce the potential for stormwater pollution and nuisance drainage to the maximum extent practicable. The project engineer’s evaluation shall include, but not be limited to, consideration of the potential effect of proposed construction on site groundwater and moisture conditions. All hardscape drains, roof drains, wall drains and other private drains shall be shown in detail on improvement plans.

E-5B Site drainage shall be designed such that, in the event of plugged or overloaded inlets/outlets, storm flows will be conveyed in a manner that is not detrimental to the site or other properties; and
E-5C Deck drains, when used, shall be no more than 25 feet apart, and no single drain shall serve more than 250 square feet of area. There shall be no direct connection between the pool deck drains and the sewer or plumbing drainage systems. They shall not drain to the pool gutter or recirculation systems.

E-6 [Authorization for Off-site Work]
E-6A Prior to the issuance of Building Permits, the applicant shall obtain letters of permission from affected property owners if construction or construction access is required across property lines; and
E-6B The following note shall be included on the plans for the Permit: “No grading shall occur outside the limits of the approved grading plan unless prior written authorization is obtained from the City and the owners of any other affected properties.”; and
E-6C Engineer of Work shall depict the proposed haul route to and from the site within the limits of the City of Del Mar.

E-7 [Grading – Separate Permits for Borrow or Disposal Site] 43 July 7, 2025 Item 16
Resolution No. 2025-XX

A separate Grading Plan shall be submitted and approved and a separate Grading Permit issued for any off-site borrow or disposal site, if located within City limits.

An Encroachment Permit will be required to identify the haul route proposed for this purpose. If the borrow or disposal site is located outside of the City, the applicant shall provide evidence of receipt of required permits/authorizations. A haul route shall be submitted and approved by the City Engineer.

E-7A A log documenting the dates of hauling and the number of trips (i.e. trucks) per day shall be available on the job site at all times; E-7B The applicant shall identify a construction manager and provide a telephone number for any inquiries or complaints from residents regarding construction activities. The telephone number shall be posted at the site readily visible to any interested party during site preparation, grading and construction; E-7C Trucks shall be spaced so as to discourage a convoy effect; and E-7D There shall be no staging of hauling trucks on any streets adjacent to the project, unless specifically approved as a condition of an approved haul route.

E-8 [Soil Stabilization]
The applicant shall utilize sediment controls only as a supplement to erosion prevention for keeping sediment on-site during construction – NEVER as a single or primary method.

E-8A The applicant shall clear and grade only the areas on the project site that are necessary for construction. These areas shall be clearly denoted on the plans; E-8B The applicant shall minimize exposure time of disturbed soil areas; E-8C The applicant shall submit a schedule to the City for review and approval, with proposed dates, demonstrating the minimization of grading during the wet season and coinciding the grading with dry weather periods, permanent revegetation and landscaping as early as feasible, temporary stabilization and reseeding of disturbed soil areas as early as feasible; E-8D The applicant shall stabilize all slopes per City approved method; and E-8E The contractor is required to provide periodic and continuous maintenance of all Best Management Practices (BMP) devices/facilities listed in the City approved Water Quality Management Plan (WQMP) for the project. This includes but is not limited to, filter material replacement and sediment removal, as required to assure peak performance of all BMPs.

E-9 [Required Backflow Prevention Valve]
44 July 7, 2025 Item 16
Resolution No. 2025-XX

If the project authorized by this permit will involve installation or retention of any plumbing drainage fixtures at a level below that of the PUBLIC sewer main serving the project site, the applicant shall install a private backflow prevention device on their private lateral per the requirements shown below.

The plans shall be submitted prior to the issuance of Building Permits and shall be according to the Uniform Plumbing Code and subject to the review and written approval of the Planning and Community Development Director and City Engineer.

Once installed, the private backflow prevention device(s) shall be subject to inspection by the City Engineer prior to final sign off for the project.

E-10 [Access to Water Meters]
Access to proposed or existing water meters located on or immediately adjacent to the property shall remain open and unobstructed at all times. Prior to the issuance of Building Permits, the applicant shall demonstrate that no structure or vegetation is proposed so as to restrict access to the water meter. In the event access is blocked by project implementation, the applicant shall be responsible for the removal any obstruction at his/her expense or shall pay for the cost of relocating the water meter to allocation acceptable to the Public Works Department.

E-11 [Updated Title Report]
Prior to the issuance of Building Permits, the applicant shall prepare an updated title report for the property.

E-12 [Compliance with City of Del Mar JURMP]
This project shall conform to the construction component in the latest edition of the City's Jurisdictional Urban Runoff Management Program (JURMP).

E-13 [Sewer Service]
The sewer connection to the public main must be a gravity connection. If a pump is required in order to service the residence, it must transition to gravity flow prior to connection to the public system. A sewer backflow prevention device will also be required if a pump is proposed. The existing Sewer lateral shall be videoed and certified clear of obstructions or damage by a licensed plumber. Should the lateral be damaged, a new lateral shall be installed to service the residence.

E-14 [Backflow Prevention]
A reduced pressure backflow prevention device is required for the water system that services the pool/spa. The system must be designed to the satisfaction of the City Engineer, Public Works, and Building Department.

E-15 [Proposed Retaining Wall]
The proposed retaining walls shall be designed and constructed completely within the property. No portion of the wall or footing shall extend across the property line. 45 July 7, 2025 Item 16
Resolution No. 2025-XX