Del Mar City Council
September 22, 2025

In short, LCP’s are the implementation arm of the California Coastal Act and LCP’s determine the zoning constraints imposed on properties located within the Coastal Zone. (Pub. Resources Code, §§ 30600, 30601; Cal.Code Regs., tit. 14, § 13301, subd. (a).) Again, the Applicant falsely believes that an LCP amendment is a by-right process dictated by state housing laws and compliance with the Coastal Act is determined by the housing developers themselves. Such a notion would upend the Coastal Act. However, LCP’s are detailed coastal land use policy and zoning regulatory documents designed to protect coastal resources. LCP’s often limit the amount of development on any lot, they prescribe height limitations, protect sensitive coastal resources (such as wetlands, public scenic views of the ocean, and environmentally sensitive resource and habitat values), determine setbacks from eroding coastal bluffs and steep slopes, and ensure public access to the coast. (Cal.Pub.Res.Code Sec. 3000)). Because of its historical origins and purpose, state housing laws are subordinate to the California Coastal Act. (Kalnel Gardens, LLC v. City of Los Angeles (2016) 3Cal.App.5th 927, 943). This is further affirmed when applied to the State’s Bonus Density Laws.

The protection of coastal resources is clearly protected under the Density Bonus Act and the Coastal Act is clearly not “superseded” under the CA Gov. Code Sec. 65915 (m):
“This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code.” (CA Gov. Code Sec. 65915(m)).

In simple terms and why the City has asked the Applicant to provide the application materials to amend the City’s LCP, Community Plan and zoning designation of Very Low Density Residential is because the Project is a high-density project that exceeds the very low and low-density development standards that are set forth in the current LCP, Community Plan, and zoning for housing units per acre, it exceeds the current LCP standards for height, its access road impacts coastal resources, public access to the neighboring high use, sandy beach and regional destination will be impacted from the Project’s lack of off-street parking, and the scale and mass of the 259 unit complex impacts public scenic views.

Moreover, nothing in the Housing Accountability Act relieves the local agency from complying with, inter alia, the Coastal Act. (Cal.Gov.Code.Sec. 65589.5(e). And the Applicant, not the City, bears the burden of proving the Project complies with the Coastal Act and certified LCP.

In sum, the Applicant’s development application did not include the application materials necessary to amend the City’s LCP and the design of the project clearly demonstrates that the Applicant ignored the Coastal Act resource protection safeguards contained in the City’s LCP.

VIII. Appealing the Cit’s Incomplete Application Determination The last meaningful submission by the Applicant was in June 2023, where responsive documents were provided to City staff that further defined the elements of the project. The continuation of counsel sending legal memorandum to the City is not responsive to the application process. Moreover, counsel is not the designation representative for the Project, Mr. Nieto was the appointed owner representative for the application process. However, we have and continue to clearly 141 September 22, 2025 Item 7
Brooke Miller Esq.

Sheppard Mullin
July 18, 2025

understand the Applicant’s legal position that the City was obligated to rezone the subject property and that the City has no discretionary authority over the project. The City simply finds that these legal arguments are without foundation and this approach only serves to further delay the project. In sum, counsel’s legal position is the sole cause of delaying the application from being deemed complete..

Furthermore, the time period between providing a responsive zoning application and permit documents has exceeded the ten-day period. The procedure for an appeal is contained in Del Mar Municipal Code (DMMC) Chapter 1.12. However, our office will work with the City Clerk to determine the process in which in which the appeal of the Incomplete Application determination could be heard before the City Council.

While we are making these arrangements, please follow the procedures set out in DMMC Section 1.12.020.

IX. Even If the Builder’s Remedy Applied, the Proposed Density of the Seaside Ridge Project Would Not Meet the City’s Most Liberal Land Use Designation or Zoning Ordinance
The Applicant contends that the Builder’s Remedy applies when it does not because the preliminary application was voided by a 28% growth from the new inclusion of an additional parking level and the fact that there is no element of the project that meets the City’s objective standards set forth in its LCP. However, assuming the Builder’s Remedy magically applied, and assuming the City as “the local agency has no general plan designation or zoning classification that would have allowed the density and unit type proposed by the applicant, [here] the development proponent may identify any objective, quantifiable, written development standards, conditions, and policies associated with a different general plan designation or zoning classification within that jurisdiction, that facilitate the project’s density and unit type, and those shall apply.” (CA Gov Code Sec.65589.5(f)(6)(A)). Based on this new provision of law, and again assuming the Builder’s Remedy applied, and the Applicant was able to choose the most liberal of City’s zoning ordinance the density of the proposed project would still be more than double than the density allowed for another unrelated project.

X. The Seaside Ridge Project Does Not Meet The City’s Lower Income RHNA Housing Goals The Applicant has claimed in numerous venues and to the media that the Seaside Ridge project will meet all of the City’s RHNA goals. This is untrue. The Seaside project only provides 42 lower income units and 43 moderate income units. The City does not need any additional moderate units to meet its Housing Element obligations because the City has already entitled 80 moderate income units which exceeds the assigned 6th Cycle RHNA goal of 31 moderate income units.

Assuming that the Seaside Ridge project conformed to the 20 units per net acre as contained in the Housing Element and could fully conform to all objective development standards, then the lowerincome units needed from the project would be: 7 extremely low-income units, 10 very low-income units, and 17 low-income units. Additionally, Seaside’s proposed income restricted units must comply with the City’s required inclusionary housing mix of extremely low, very low, and low-income housing units to truly meet the City’s housing goals.

XI. Joint Planning Offer to Resolve Seaside’s Project Issues The City supports engaging in a joint planning effort with the Applicant. We were recently encouraged that the combative and bad faith efforts made on behalf of the Applicant made a turning 142 September 22, 2025 Item 7
Brooke Miller Esq.

Sheppard Mullin
July 18, 2025

point when former counsel Whitney Hodges stated that the Applicant and the project team agreed to join the City in a joint planning effort. Mrs. Hodges expressed enthusiasm for the joint planning process once the Court dismissed the Lazier Petion for Writ of Mandate. But now Counsel’s letter and the ongoing media campaign confirms that the Applicant has no intention of working with the City to craft a project that would produce a win-win for all parties concerned.

Given the mixed messages of the Applicant, it should be made clear by the Applicant if she agrees to enter into a collaborative planning process, or if she prefers to litigate every step of the way.

If the collaborative process is chosen, please respond to this formal offer to enter into a joint planning effort.

Should this positive approach be taken, which the City feels is likely to generate a project that serves the best interest of the Applicant, the community, and the City, then we could discussthe details of proceeding forward with this approach. To assure the Applicant that there will be no surprises, the issues to be highlighted in this joint planning effort are likely to involve the density of the project, its massing, road and fire access, traffic, and bluff setbacks. If, however, the intention of Mrs. Lazier is to continue to incur significant legal fees and allow her team and legal counsel to continue to misinform the community and media, we will of course accommodate those desires.

Sincerely,

DEVANEY PATE MORRIS & CAMERON LLP
Ralph T. Hicks
Partner
RTH/ams
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1050 Camino Del Mar, Del Mar, California 92014-2698. Telephone: (858) 755-9313.Fax:
(858) 755-2794 www.delmar.ca.us
April 27, 2023
Manuel Nieto
2717 Via de la Valle
Del Mar, CA 92014
Sent via U.S. Postal Service and Email to [email protected] SUBJECT: Preliminary Review of Application CDP23-008 and Associated Materials Submitted for the Proposed 259 Multi-Unit Residential Development and Density Bonus Request (referred to as “Seaside Ridge”) at 929 Border (APN #’s 298-241-06, 298-241-07, and 299-030-14).

Subject Site Land Use and Zoning:

Parcel Land Use Zone* Overlay Zones*
298-241-06 Very Low Density
- Residential
R1-40 Coastal Bluff; Beach;
Bluff, Slope, Canyon
298-241-07 Very Low Density
- Residential
R1-40
Floodway
(East of CDM)
Coastal Bluff; Beach;
Bluff, Slope, Canyon;
Lagoon;
299-030-14 Very Low Density
- Residential
R1-40 Coastal Bluff; Beach;
Bluff, Slope, Canyon
*Del Mar Municipal Code Title 30 (Zoning), specifically the Chapters for these Zones and Overlay Zones, constitutes the applicable Local Coastal Program (LCP) Implementing Ordinances (IO) for the subject properties.

Dear Mr. Nieto:

The City of Del Mar Planning and Community Development Department has reviewed the subject Application and its entitlement materials, the legal supporting memorandum, and all technical studies which were submitted on March 30, 2023 and the City has now determined that the Application is deemed to be INCOMPLETE and contrary to the Applicant’s legal representations is not supported by law.

Attachment D
144 September 22, 2025 Item 7
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Incomplete Letter

In summary, the Project involves a 259-housing unit project located on an environmentally sensitive bluff that supports habitat for numerous coastal species, that serves as a major scenic view corridor, that has and will be subject to continuous erosion as a result of climate change, that provides major linkages for the public to access coastal resources and has very constrained vehicular access. Given the high likelihood that the proposed project will have significant unmitigable environmental and public health impacts there is no foundation in law that waives away the California Coastal Act or the California Environmental Quality Act (“CEQA”).

The fundamental fatal flaw in the Application is that it provides no information needed to address California Coastal Act protected resources and further fails to provide enough information to begin impact evaluation under CEQA.

Contrary to the Applicant’s legal position, both CEQA and the California Coastal Act do apply to the Seaside Ridge project. This is clearly stated in CA Gov. Code Sec. 65589.5 (e):
“Nothing in this section shall be construed to relieve the local agency from complying with the *** California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Neither shall anything in this section be construed to relieve the local agency from making one or more of the findings required pursuant to Section 21081 of the Public Resources Code or otherwise complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

Additionally, the protection of coastal resources is clearly protected under the Density Bonus Act and the CA Coastal Act is clearly not “superseded” under the CA Gov. Code Sec. 65915 (m):
“This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code.” (CA Gov.

Code Sec. 65915(m)).

The relevance to CEQA and the Coastal Act were all but ignored in the Application and before the City can proceed with the appropriate project review the City requires the following information that is more fully described below.

Here, the subject project proposal and development application follows the Preliminary Development Application (PDA22-001) submitted to the City on October 4, 2022. On October 14, 2022, the City issued a determination letter that indicated the City’s adopted 145 September 22, 2025 Item 7
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Housing Element identifies a sufficient inventory of sites with correct zoning and capacity to meet the City’s Regional Housing Needs Assessment (RHNA) without the requirement to rezone properties. The 6th Cycle Housing Element is in substantial compliance with Housing Element law. That is why the City’s preliminary application determination letter also indicated the proposed development is inconsistent with the current zoning and density designation and identified the required entitlement applications that would be required if the proposed housing development application was submitted to the City in the future. The following applications for the required discretionary entitlements were identified: General Plan (Community Plan) Amendment; Rezone; Local Coastal Program Amendment; Environmental Assessment; Design Review Permit; Conditional Use Permit; Coastal Development Permit; Land Conservation Permit; Boundary Adjustment; Long-Term Major Encroachment Permit; and Tree Removal Permit.

Moreover, the following applications, materials, fees, and comments must be addressed and resubmitted in order for the application to be deemed complete:

1. The Preliminary Application is Deemed Not Submitted
Preliminary Development Application PDA22-001, submitted to the City of Del Mar on October 4, 2022, has been substantially revised in a manner that exceeds the square footage of the construction by greater than 20 percent. (See: CA Gov. Code Sec. 65941.1(c)).
“After submittal of all of the information required by subdivision (a), if the development proponent revises the project such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the development proponent resubmits the information required by subdivision (a) so that it reflects the revisions.

For purposes of this subdivision, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).” (CA Gov. Code Sec. 65941.1(c)).

The Preliminary Development Application proposed a Housing Development Project consisting of 308,968 “square-feet of construction.” Now, the subject Coastal Development Permit (CDP) application materials propose a Housing Development Project consisting of 396,259 square-feet of construction. The additional square footage appears to be the result of adding a new level of parking structure.

Both the preliminary and development entitlement proposals for the subject Housing Development Project calculated square footage inclusive of density bonus units/construction areas. Therefore, the increase represents a change in “building area,” as defined by the California Building Standards Code, of 28 percent, which exceeds the allowance provided by the Government Code cited above. Therefore, pursuance to the cited Code, PDA22-001 application must be resubmitted to reflect the revisions to the project’s “building area.” This substantial increase in building area results in the preliminary 146 September 22, 2025 Item 7
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application being void until such time that applicant resubmits the information required by CA Gov. Code Sec. 65941.1 (a) which is consistent with the Coastal Act and in this case the City’s LCP.

2. The “Builder’s Remedy” Does Not Apply
The City’s adopted 6
th Cycle Housing Element is in substantial compliance and identifies sufficient inventory of sites with correct zoning and capacity to meet the City’s RHNA without the requirement to rezone properties. The City is not relying on the subject properties to meet its RHNA obligation. The Applicant’s two (APNs 298-241-06 & 298- 241-07) of the three project site parcels are included as part of a contingency program that will only take effect in April 2024 if the City is unable to successfully implement the 6 th Cycle Housing Element Program 3A.

The City’s 6th Cycle Housing Element has met all statutory obligations and all substantive programs have always remained intact throughout the California Department of Housing and Community Development’s (HCD) deliberative process. The comments received from HCD during the Housing Element review cycle were requests for additional data or clarifying requests none of which required the City to change any programmatic features contained in the City’s Housing Element.

Moreover, given that substantial changes to the Seaside Ridge Project have occurred and because the present-day application has been deemed incomplete the assertion that Builder’s Remedy applies is simply incorrect. Therefore, for the Applicant to assert that this large-scale housing project located in an area of sensitive coastal resources may be approved through a ministerial process is a misapplied interpretation of the law.

Additionally, the application materials are inconsistent with the determination and process described above. It is the determination of the City there is no obligation for the City to process the subject proposed housing development as a ministerial project and the applications and materials described below are required for the City to process the proposed project.

3. The Project is Inconsistent with Local Coastal Program (LCP), Land Use, and Zoning
Given the project’s proposed density, heights, scale, location, and its likely environmental consequences there is no aspect of the proposed project that is consistent with the Coastal Act or the City’s zoning regulations.

All properties within the City of Del Mar are located within the Coastal Zone, accordingly the City’s Local Coastal Program (“LCP”) is the implementation arm of the California Coastal Act. The City’s LCP is the controlling standard for development of the North Bluff properties. Therefore, each proposed housing development in the City requires processing of a Coastal Development Permit (CDP) and each CDP must demonstrate consistency with the City’s certified LCP and the other provisions of the California Coastal Act. In order for the City to issue a CDP approval for a proposed housing development in the subject location, the City must process the CDP application in accordance with the 147 September 22, 2025 Item 7
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City’s certified LCP and Coastal Act. This requires the City to make findings that the development is consistent with the allowed land uses and density, zoning, and additional Coastal Zone criteria to ensure protection of the public health and safety, environmentally sensitive habitat areas, public scenic views, and coastal access as identified in the City’s certified LCP. In accordance with the certified LCP and Coastal Act, the proposed development requires local processing and approval of a discretionary CDP application where the final local decision on the CDP would be subject to appeal to the California Coastal Commission.

The LCP standard of review for the proposed coastal development housing project includes the zoning and density standards of the R1-40 base zone and the resource protection criteria of multiple overlay zones including the Beach Overlay, Coastal Bluff Overlay, Lagoon Overlay, and Bluff, Slope and Canyon Overlay Zones. These referenced LCP standards for the subject property are the same standards that apply to this property per the City’s adopted General Plan (Community Plan), Housing Element, and Zoning Code. Missing from the Application are the studies and documents that would allow the City to determine if the project is consistent with these elements of LCP and its supporting standards. The City cannot proceed with evaluating the project without these studies and documents.

Moreover, it is important to understand that the City’s Community Plan and more importantly its certified LCP Land Use Plan designates the proposed North Bluff development site as “Very Low Density Residential” land use, this designation is “intended to allow single family development that preserves an open character on land within areas that include steep slopes, bluffs and/or canyons.” As specified in the City’s Zoning Code and certified LCP implementing zoning, all property with this very lowdensity residential land use designation is zoned “R1-40”, which allows for one (1) residential dwelling unit per net acre of land. Proposed development in this location is also subject to compliance with resource protection criteria in accordance with applicable overlay zones. These same “very low density” land use, zoning, and resource protection standards apply to other similarly situated properties that are in proximity to the proposed development.

Therefore, the proposed project is direct conflict with existing density and development standards contained in the City’s LCP. And clearly there is no legal or regulatory authority that would allow the City’s General Plan, Zoning Code, or certified LCP allowing an applicant self-assign a new regulatory process or create new base residential densities of 25 dwelling units per acre. Nowhere in all the recent changes in housing laws is it found that applicants can make up their own regulatory processes in order to facilitate project approval. Here, the Applicant is required to submit an application that reflects the discretionary actions needed to amend the existing LCP and related land use/zoning density standard (one dwelling unit per net acre).

The project site is an environmentally sensitive coastal bluff location, and the proposed development is of a scale that is in substantial conflict with the existing density and development standards that apply to the subject property and adjacent properties. The 148 September 22, 2025 Item 7
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project’s land use and zoning inconsistencies and potential to result in significant environmental impacts, including impacts to similarly situated adjacent properties, have not been sufficiently analyzed, addressed, or disclosed in the application. All CEQA documentation will have to be provided (as addressed in the below) in addition to the requirements of the City’s LCP. Until such time the application will remain incomplete.

4. “Administrative Rezone” is Inconsistent with California Law Rezoning a property through the addition of an applicable overlay zone is a legislative act pursuant to Government Code Section 65854 et seq. However, the submitted project application materials request approval of a rezone action through an administrative approval process that does not exist and would be contrary to State law. The Housing Element Implementation Overlay Zone (HEI-OZ) is currently only applicable to one site (two legal lots) in the City of Del Mar, commonly known as the “Watermark” property. In order for the HEI-OZ to be applied to the proposed project site as proposed, a discretionary rezone action, consistent with the above-cited State code and DMMC Section 30.86.220, must be processed for adoption by the City Council. This also would require processing of an associated General (Community) Plan Amendment and Local Coastal Program Amendment to establish consistency between the land use and zoning.

The applicant must also include proposed revisions and justifications for applicable LCP and Community Plan Goals and Policies (all proposed sections of the respective documents) and must submit proposed revised land use maps and LCP/Community Plan text revisions.

5. Applications Required for the Proposed Project for Compliance with the City’s Local Coastal Program
Given the project’s lack of compliance with the City of Del Mar Local Coastal Program (LCP), to proceed with the project as currently proposed, the following is a list of applications that must be submitted to the City. The estimated fee or deposit that would be associated with each application is also identified. Please note that the listed deposit and fee estimates are only accurate until June 30, 2023. a) Rezone Application – As stated above, a rezone is a legislative action that cannot be performed administratively. Therefore, your application request for an “Administrative Rezone” is rejected. The subject property is not eligible for “by right” housing development. Use and applicability of the HEI-OZ for implementation of the Housing Element is at the discretion of the Del Mar City Council and is not required, by ordinance or otherwise. If you would like to apply for a legislative action to rezone the subject site properties (APN 298-241-06, 298- 241-07, & 299-030-14), then please prepare a separate letter of request to accompany the Uniform Development Application that provides the request, justifications for the rezone, and proposed findings for approval as are required in accordance with DMMC Section 30.86.220 (C). Exhibit shall also be prepared and submitted that identifies existing zoning designations and proposed zoning designations.

Required Deposit: $10,609
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b) Local Coastal Program Amendment (LCPA) – Rezoning of the subject site would require an LCPA, adopted by the City Council, and Certified by the California Coastal Commission. Proposed/revised text revisions and map exhibits of the City’s LCP are required with an LCPA application submittal.

Required Deposit: $10,609
c) General (Community) Plan Amendment (GPA) – Amendment of the City’s General (Community) Plan is required for any changes to the Very Low Residential Density Land Use Designation (located in the North Bluff District) to allow - multi-unit development on lots identified with the Assessor’s Parcel Numbers 298-241-06, 298-241-07, and 299-030-14. Proposed/revised land use maps and Community Plan text revisions are required with the application submittal.

Required Deposit: $10,609
d) Environmental Assessment Application – The proposed project is subject to compliance with the California Environmental Quality Act (CEQA). Therefore, an Environmental Assessment (EA) application is required to determine the appropriate level environmental review that would be required for the project.

Required Deposit: $1,000 (Additional funds will be required once a consultant from the City’s on-call environmental consultant list has been contracted to perform the Initial Study). To facilitate the processing of the re-submitted application additional technical information/reports will be required regarding the following areas of environmental concern:
• Public Coastal View Impact Analysis
• Air Quality Impacts
• Energy Conservation and Impact Analysis
• Greenhouse Gas Emissions Impacts Including during construction • Hazards and Hazardous Materials Usage and Impacts
• Noise Impact Analysis
• Full Paleontological Report
• Tribal/Cultural Resources Impact
• Climate Change Impacts to the North Bluff
• Environmental Justice Analysis
• Proposed Roadway Impact Analysis
• Public Coastal Access Impact Analysis
• Conformity with LCP Impact Analysis
Upon completion of the Initial Study, additional technical reports and/or information may be required.
e) Design Review Permit Application – Discretionary Design Review Permit approval is required for all development in the City of Del Mar not otherwise exempted. As it is the City’s determination that the subject Housing Development Project is not 150 September 22, 2025 Item 7
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subject to the provisions of AB 1398, discretionary development applications and approvals are required in accordance with DMMC Chapter 23.08. The Applicant shall submit an unaltered City of Del Mar Design Review Permit Submittal Checklist.

Required Application Fee: $11,049
Required General Plan/Zoning Code Update Charge (10%): $1,104.90 DRB Public Notice Fee: TBD at time of application submittal f) Due to the project site’s location in the Beach Overlay Zone, Coastal Bluff Overlay Zone; and the Bluff, Slope and Canyon Overlay Zone, and Lagoon Overlay Zone, as well as the proposed grading that would be involved with the proposed access to the development, the following discretionary permit applications would also be required under the provisions of the current LCP:
i. Conditional Use Permit Application – Required due to the project site’s location within the Coastal Bluff Overlay Zone and the Bluff, Slope and Canyon Overlay Zone. Include a slope analysis for eastern slopes adjacent to the property, where project-related grading and improvements are proposed.

Required Application Fee: $2,522
Planning Commission Public Notice Fee: TBD at time of submittal ii. Coastal Development Application – A CDP Supplemental questionnaire was submitted on March 30, 2023. However, it should be noted as discussed above, that pursuant to the City’s current LCP provisions, the appropriate Coastal Development Permit for the project as submitted would be discretionary, not administrative. The required Application Fee for the appropriate CDP type would be: $3,095.
iii. Land Conservation Permit Application
Required Application Fee: $3,095
g) Tree Removal Permit Application
Identify the number of trees to be removed, the species, age, and location of all trees.

Required Application Fee: $535
h) Boundary Adjustment/Certificate of Compliance Application Required Fees: $3,450 (Planning Application Fee)
$1,257 (Engineering Review Fee)
TBD (Public Notice Fee, determined at time of submittal)

6. Disposition of Materials and Fees Submitted on March 30, 2023 Written materials submitted to the City via email on March 30, 2023, indicate that the project submission includes requests for: an Administrative Coastal Development Permit; 151 September 22, 2025 Item 7
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Administrative Encroachment Permit; an Administrative Boundary Adjustment Permit; an Administrative “Rezone;” and an Administrative Tree Removal Permit.

City of Del Mar application forms for the Encroachment, Lot Line (Boundary) Adjustment, and Tree Removal Permits were not included in the submitted materials. The City does not have an application form for an “Administrative Rezone,” as such a process does not exist under State law. Therefore, the Planning Department will not consider any of those applications as being “submitted.”
Based on the preliminary review comments provided in this letter, the only valid application forms submitted for the subject project are the Uniform Development Application and the required Coastal Development Permit Supplemental Questionnaire.

However, as previously indicated, that application would need to be processed as a discretionary CDP, appealable to the City Council and the Coastal Commission, and be consistent with the City’s Local Coastal Program, and it is not consistent as currently submitted. Once the application is deemed complete, the proposed project entitlements (applications noted above) will be processed concurrently.

Given that the project materials submitted on March 30, 2023, for the subject development project are significantly incomplete and the project itself is not consistent with the City’s Local Coastal program, the City is returning the $26,740.40 check (check # 054 in the amount of 26,740.70) you remitted in association with the project submittal.

It is recommended that, given the complexity of the project and amount of entitlement applications required, that the applicant schedule an appointment with Planning Department staff to review all materials prior to submittal. Upon submittal/resubmittal of the of applications and materials requested in this completeness review letter, and following the City’s standard application submittal process, the staff will provide an itemized fee/deposit invoice for your review and payment at that time.

7. Additional Review/Comments Pertaining to the Project Plans, Reports and Other Submitted Materials
The following comments and requests for information have been prepared in the event the entitlement applications, materials, and fees as described above are resubmitted and the project is processed in accordance with the City determinations stated in this letter.

DESIGN PLANS
General

1. Include Conceptual Landscape and Irrigation Plans, designed in accordance with Del Mar Municipal Code Chapter 23.60 (missing with this submittal)

2. Provide details (specification sheets) for all exterior HVAC equipment and pool/spa related mechanical equipment.

Cover Sheet (A-0.0)

3. Provide lot area verification each of the lots included in the project site by the licensed project engineer or surveyor.
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4. The word “Density” is misspelled.

5. “Parking” tables for multi-unit project plans need to include unit/bedroom count information to provide verification of appropriate required parking in accordance with DMMC Section 30.80.030(B)(1).

Cover Sheet (A0.1)

6. Revise Minimum Landscape Requirements to be pursuant to City of Del Mar standards, not the City of San Diego.

Site Plan (A0.1)

7. Provide City Benchmark information (not just a reference to the civil plan).

8. Provide locations and dimensions of all easements (existing and proposed).

9. Call out pools and spas. Identify locations of associated mechanical equipment.

10.Depict and call-out any off-site Torrey Pine and/or Monterey Cypress trees. located within 10 feet of the project site boundary.

11.Provide drive aisle width dimension in outdoor parking area.

12.Provide typical parking space length and width dimensions.

13.Depict and identify Fire Lane Access #2.

Site Access Plan (AS-1.1)

14.Provide all drive aisle dimensions; identify access road cul-de-sac radius

15.Provide scale and north arrow

16.Label as “Fire Access” Plan
Floor Plans (All)

17.Per DMMC Section 30.80.030(B)(2)(c), identify locations of guest parking spaces on appropriate floor plans.

18.Spell out and provide abbreviations for parking space types in parking legend, then ensure abbreviation consistency on parking plan.

19.Provide typical parking space length and width dimensions.

20.Parking garage plans must provide drive aisle dimensions, proposed locations of clean energy vehicle spaces, location of proposed charging equipment; and bicycle spaces

21.For individual model floorplans, provide how many of each model will be included in entire development. This may also be supplied in table format.

Architectural Elevations (All)

22.Provide dimensions of proposed windows on all elevations. A properly keyed window schedule may be used in lieu of providing the dimensions on elevation drawings.

23.Continuously depict both the existing and finished grades as they appear adjacent to the building(s).

24.Provide floor and roof elevation heights per City benchmark on all building elevations. For all major roof elements, including the low and high elevations heights for sloped roof structures.
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25.Call out HVAC screening structures.

26.For basements and subgrade garages, depict an outline of the subgrade structure on all elevation views and call out the elevation of that floor level. The depiction can be provided in the form of a dashed outline of the level.

27.Include (separate) fencing elevations drawings.

28.Depict and call-out the height of rooftop mechanical screening structures.

Structural height from top of roof and total elevation heights should be shown.

Building Sections (All)

29. Provide existing grade depictions and heights on all building sections.

Roof Plans (A-1.5)

30.Depict maximum elevations of all roof ridgelines and roof edges.

31.Provide existing and proposed topographical contour lines on the plan.

32.Call out actual rooftop HVAC mechanical equipment, not just screening, and provide requested equipment specifications (see comment #2 on pg. 11 of this letter).

ENGINEERING/CIVIL PLANS AND RELATED DOCUMENTS

33.DMMC Section 30.52.110(A) requires a detail slope analysis for all areas subject to a Conditional Use Permit within the Bluff, Slope, and Canyon Overlay Zone.

This includes the eastern bluff for which grading (excavation) is proposed as part of the project, regardless of its location within public right-of-way. Provide this information with any future submittal.

34.Bluff failures in the location of the “gazebo” foundation have occurred since 2016, as recently as March 2023. These failures should be reflected in geotechnical evaluations.

PROJECT DENSITY AND BASIS OF DENSITY BONUS CALCULATIONS AND

DENSITY BONUS JUSTIFICATION AND EXHIBITS

35.As indicated earlier in this letter, the City’s existing LCP/LUP and Community Plan identify allowed density of the subject property to be one (1) dwelling unit per (net) acre. Project materials indicate a net acreage of 6.91, which would be a maximum density of 7 single family dwellings. This base density is that level of development that is currently allowed in the City’s LCP. Therefore, all bonus density calculations should be premised on the base densities contained in the City’s certified LCP and should not be based on an inapplicable overlay zone.

36.The “Preliminary Programmatic Level Cost Estimate” does not appear to support or validate the $13,997,450 project saving if all concessions were granted by the City. The narrative that appears before the calculations prepared by Hennie Degenaar and dated March 28, 2023, appears to greatly inflate the project savings.

What is required is a reasonable evaluation of each concession and its project savings. How the project savings were specifically calculated is required. The report should be an unbiased evaluation of project saving for each individual concession and not advocate for the project. Upon resubmission for any project, 154 September 22, 2025 Item 7
CDP23-008 (Seaside Ridge)
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the Applicant will be required to demonstrate how each project savings is supported. The blanket statement that the market rate homes will help subsidize the affordable homes should be demonstrated. The studies submitted should not be “preliminary” but should be made final.
** The following items must be resubmitted:
- All required forms and applications, and
- All other requested materials emailed to [email protected]. - An electronic iteration (PDF) of the project plan-set - A written response to each of the comments provided in this letter - Submittal of all fees as identified herein (upon receipt of City invoice) If you have any questions, please contact me via phone at (858) 755-9313, ext. 1158, or by email at [email protected].

Sincerely,
Matt Bator, AICP
Principal Planner
Attachments:
• October 14, 2022, City of Del Mar Letter -SB 330 Preliminary Development Application Determination, 929 Border Ave.
• Check # 054 in the amount of $26,740.70 (Check included with document sent via U.S. Postal Service)
155 September 22, 2025 Item 7
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us October 14, 2022
Manuel Nieto
2717 Via de la Valle
Del Mar, CA 92014
RE: SB-330 Preliminary Development Application (929 Border Ave.) Dear Mr. Nieto:

This letter serves to confirm receipt of your Preliminary Development Application (PDA) pursuant to California State Senate Bill 330 (SB-330). The PDA has been assigned the application number “PDA22-001.” Please refer to PDA22-001 for any inquiries related to the application process or project. Included with this letter is an invoice for the required $393 application review fee. Staff has reviewed your application, checklist, and associated submittal materials for a 259-unit housing development project with a density bonus request to be located at 929 Border Avenue, in the City of Del Mar. Pursuant to the stipulations of SB-330, upon payment of the required application fee, PDA22-001 will be deemed “submitted;” thereby, commencing a 180-day submittal timeline of any and all development entitlement applications required for the project described within PDA22- 001.

This letter also serves to notify you that the City of Del Mar is not in agreement with the proposed legal basis by which the project has been designed. It is the City’s position that the submitted application request is not consistent with the current zoning and density allowances for the property located at 929 Border Avenue. The City’s adopted Housing Element identifies a sufficient inventory of sites with correct zoning and capacity to meet the City’s RHNA without the need to rezone properties.

Therefore, please note that upon receipt of any future submittal of development applications for the project described in your Preliminary Development Application submittal, the City will find the submittal to be inconsistent with the City’s General (Community) Plan, Zoning Code, and Local Coastal Program (LCP). In order to proceed with the proposed project as currently Zoned, the following applications must be submitted:
• General (Community) Plan Amendment
• Rezone Application
• Local Coastal Program Amendment (LCPA)
• Environmental Assessment Application
• Design Review Permit Application
156 September 22, 2025 Item 7
Manuel Nieto
October 14, 2022

• Conditional Use Permit Application
• Coastal Development Application
• Land Conservation Permit Application
• Boundary Adjustment Application
• Long-Term Major Encroachment Permit
• Tree Removal Permit Application
Please let me know if you have any questions.

Sincerely,
Matt Bator, AICP
Principal Planner
Enclosure - Application Fee Invoice for PDA22-001
157 September 22, 2025 Item 7
{Client Files/4630/67/DOC/S0731235.DOCX}
1050 Camino Del Mar, Del Mar, California 92014-2698. Telephone: (858) 755-9313.Fax:
(858) 755-2794 www.delmar.ca.us
June 30, 2023
Manuel Nieto
2717 Via de la Valle
Del Mar, CA 92014
Sent via U.S. Postal Service and Email to [email protected] SUBJECT: Second Review of Application CDP23-008 and Associated Materials Submitted for the Proposed 259 Multi-Unit Residential Development and Density Bonus Request (referred to as “Seaside Ridge”) at 929 Border (APN #’s 298-241-06, 298-241-07, and 299-030-14).

Dear Mr. Nieto:

Thank you for your resubmittal of materials associated with the above-cited entitlement, received by the City on June 1, 2023. The City of Del Mar Planning and Community Development Department has reviewed the submitted materials and responses to the comments and requests provided in the City’s initial review letter dated April 27, 2023. Staff have reviewed the requested new information and have determined that the subject Application continues to be INCOMPLETE for reasons more fully described below. In order to be deemed “complete” the following issues still must be addressed to the satisfaction of the Planning and Community Development Director. Here and in consultation with the City Attorney, the City will also address the legal positions taken by the legal representative for the Seaside Ridge Project (“Seaside”). It is important to note from the outset that an Applicant cannot dismiss the requirements of the California Coastal Act, California Environmental Quality Act (CEQA), or modify local municipal codes by their own motion.

Nor may an Applicant develop their own permit fee structure under the faulty legal premise that the City’s California Coastal Commission certified Local Coastal Program does not apply to the Seaside Ridge project site. Required fees total $39,088.00 and must be submitted for the City to continue the review process. The City will timely and effectively review and process the Seaside Ridge project once deemed complete. The Applicant must recognize the City’s Coastal Commission certified LCP applies to the site, and the City’s Housing Element Implementation Overlay Zone (HEI-OZ) does not apply to the proposed project site, and that an Applicant cannot prescribe their own permit fee schedules.

Moreover, an LCP amendment requires additional application materials that are not set out in the Government Code and these Coastal Act documents are needed before the Application can be deemed complete.

Attachment E
158 September 22, 2025 Item 7
CDP23-008 (Seaside Ridge)
Incomplete Letter

In sum, the Seaside project does not comply with the density or the coastal resource protection standards found in the City’s certified LCP and therefore the LCP must be amended to accommodate the proposed high-density 259 housing unit project. And because amending the LCP is a discretionary act, full CEQA review is required.

Regarding the Applicant’s requested reliance on the HEI-OZ, the Overlay Zone was adopted by the City and approved by the Coastal Commission to apply to one specific site location (comprised of two legal parcels). Neither of these parcels included the Seaside Ridge parcels. A legislative action by the Del Mar City Council to rezone the Seaside Ridge project site to utilize the HEI-OZ would be necessary and would also require CEQA compliance and Coastal Commission approval.

Finally, because the project has increased by more than 28% from the time that the original Preliminary Application was filed, that application is ineffective in applying the processing benefits of SB 330. Moreover, the Builder’s Remedy only applies at the time that an application is deemed complete, and the subject application remains incomplete.

1. The Preliminary Application is Deemed “Not Submitted” Because the Project Increased More Than Twenty Percent (Repeated Comment)
The Seaside Ridge project has increased building area and has been substantially revised by more than 28% from the Preliminary Application. The April 27, 2023 correspondence from the City stated that Preliminary Development Application PDA22-001, submitted on October 4, 2022, had been substantially revised to include an entirely new parking level that caused the project to exceed the preliminary square footage of proposed construction by more than 20 percent. The October 2022 Preliminary Development Application proposed a Housing Development Project consisting of 308,968 “square-feet of construction.” However, the Coastal Development Permit (CDP) application materials submitted to the City on March 30, 2023, proposed a Housing Development Project consisting of 396,259 square-feet of construction. Under SB 330, this significant increase to the building area results in the Preliminary Application being ineffective.

Your response claims that the building area growth was a result of a “clerical error.” This assertion is unfounded and is not supported by the record or the application materials submitted to the City, which include the State-required “checklist.” This assertion also runs counter to the original project description, which failed to take in account two large areas of planned construction. These two construction areas, along with the added garage level represent a change in the “building area” as defined by the California Building Standards Code. Applying the Building Standards Code results in an overall increase in buildable area of 28 percent. As a consequence, the project exceeds the allowance provided by the Government Code.

Your response claims that these additional areas were accurately described in the October 2022 data tabulation form found on Plan Sheet A-0.0. However, this data was un-tabulated and the proposed building area was provided to the City in three key areas: (1) The narrative project description contained in the construction plans; (2) the separately submitted three159 September 22, 2025 Item 7 CDP23-008 (Seaside Ridge)
Incomplete Letter

page “Expanded Project Description;” and (3) the SB 330 Preliminary Development Application form/checklist. Moreover, the record demonstrates that the Preliminary Development Application submitted to the City described the Housing Project as consisting of “308,968 square-feet of buildings.” None of above-mentioned documents reflect a clerical error, because they are consistent in reflecting the 308,968 square-feet of building area proposed to the City as the preliminary project’s total square footage, complete with a representative Floor Area Ratio calculation based on that number.

2. The Seaside Application Misapplies and Misstates State Housing Laws, CEQA, the California Coastal Act, and the Application of the City’s HEI-OZ (Repeated Comment)
The City has reviewed the Applicant’s response to this comment as originally provided on April 27, 2023, continues to disagree as explained below, and therefore, cannot “administratively” process the project as requested.

Similar to the above, this section responds to the legal position provided on June 15, 2023 concerning how the Seaside housing project should be processed. Your resubmittal information again asserts that State Housing laws allow for complete and total nondiscretionary approval of their Project without regard to the California Environmental Quality Act (“CEQA”) and the California Coastal Act. In addition, the resubmittal claims that City of Del Mar Municipal Code Chapter 30.92, “Housing Element Implementation Overlay Zone (HEI-OZ),” applies to the Seaside Ridge project. As the City does not agree with these legal theories, the Seaside application remains incomplete. Here, we address why these legal conclusions are incorrect and why they continue to impede the timely processing of the Seaside project. To be clear, it is the City’s intent to timely and efficiently process the Seaside Application upon receipt of the requested information noted within this letter, which would enable the application to be deemed complete.

In sum, State law provides that the Builders Remedy only applies when an application is deemed complete and that State Housing laws have not exempted or superseded the application of the California Coastal Act or the California Environmental Quality Act (“CEQA”). Additionally, the Del Mar Municipal Code Section 30.92.020 does not apply to the proposed project site parcels as a matter of right because it is not included in the Areas of Applicability as required by the Code. (See below analysis).

The City’s HEI-OZ Does Not Apply to Seaside Ridge Project Site A foundational premise of the Project’s legal justification materials is that the City’s HEIOZ applies to the proposed project site parcels and, as previously stated, it is the City’s determination that it is clearly not the case. City of Del Mar Municipal Code Section

30.92.020 defines the “Areas of Applicability” which has very limited application. This Code provision only includes two parcels and neither involve the North Bluff Seaside site.

DMMC Sec. 30.92.020 only applies to two specific parcels: APN: 299-100-47-00 and APN: 299-100-48-00. Both of these parcels are commonly referred to as the “Watermark Housing Project” site and both are located in the North Commercial zone, which has no applicability to the North Bluff. As previously stated, the HEI-OZ ordinance and Zoning 160 September 22, 2025 Item 7
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Map would have to be amended to include the proposed project site in order for the objective criteria of that Chapter to apply for this project application.

Moreover, expanding or amending the application of DMMC Sec. 30.92.020 is a legislative act that is vested with the City Council. Amending this section of the Municipal Code first requires the adoption of a new ordinance by the City Council and requires amending the City’s Local Coastal Program. These legislative acts are foundational to amending the Code and all involve discretionary actions, public notice, and public hearings.

3. A Local Coastal Program Amendment Is a Required Action for the Approval of the Seaside Project
Because the Seaside project is located on the North Bluff and because the HEI-OZ does not apply to this site a Local Coastal Program Amendment is necessary. The North Bluff (including the proposed project site) is wholly within the Coastal Zone and Chapter 3 of the Coastal Act states that cities are to prepare a Local Coastal Program (“LCP”) which is certified by the California Coastal Commission. The LCP is the planning implementation arm of the California Coastal Act. (CA Public Resources Code Div. 20 Sec. 30200). As such, the City’s LCP is the controlling standard for development of the Seaside Ridge project site. The LCP’s development standard calls for very low-density development in order to minimize impacts to sensitive coastal resources found at this bluff-top location.

To further comply with the Coastal Act, a “Coastal Development Permit (CDP)” must be issued for all new development with the foundational standard being that the CDP is consistent with the requirements found in the City’s LCP. Therefore, each proposed housing development in the City requires processing of a CDP which must demonstrate consistency with the City’s certified LCP along with the other provisions of the California Coastal Act. The assertion that an administrative CDP is warranted because the HEI-OZ applies to the proposed project site is contrary to the City’s Coastal Commission certified LCP and is not accepted by the City without an amendment to the HEI-OZ ordinance, Zoning Map, and LCP.

4. The North Bluff Property is Not Needed to Meet the City’s RHNA The assertion that development of the Applicant’s property with the proposed project is needed in order for the City to meet its Regional Housing Needs Assessment (“RHNA”) is inaccurate. The City’s 6th Cycle Housing Element clearly identifies several properties in the City, including the State Fairgrounds site as adequate sites that meet RHNA obligations consistent with State Housing Law.

Chapter 4 of the 6th Cycle Housing Element defines the City’s obligations to meet the RHNA. The Applicant’s property is addressed in this Chapter as a contingency site not as a candidate site, there the Housing Element states:

Housing Program 1E: Rezone of Vacant North Bluff and/or South Stratford Properties (This contingency program is required only if Program 3A is 161 September 22, 2025 Item 7
CDP23-008 (Seaside Ridge)
Incomplete Letter

not timely implemented). (Emphasis added). The Housing Element proposes to develop at least 54 affordable units on the State Fairgrounds property through a binding agreement with the State (Program 3A). By April 2024, the City must either achieve a binding agreement or implement this rezone program. For this rezone program, the City Council will take action to consider which sites to rezone (of the nine total sites listed in Program 1E) as needed to address the deficit of 54 lower income affordable units.

The rezone action would be addressed by applying the Housing Element Implementation Overlay Zone to accommodate development of housing at 20-25 dwelling units per acre “by right” per Government Code Sections 65583.2(h) and (i). The rezone action will apply to as many of the nine candidate sites on the North Bluff and/or South Stratford as necessary to demonstrate sufficient capacity to meet the City’s RHNA for lower income units. Implementation of this contingency program is anticipated to address the City’s RHNA and fair housing needs for extremely low-income households in a manner that will integrate lower income units into the overall development and demonstrate connectedness to the greater City of Del Mar community.

Timeframe: By April 2024, the City must either achieve a binding agreement or implement this rezone program. Timely implementation of Program 3A (Fairgrounds Housing) by April 2024 will release the City of the requirement to carry out the Program 1E contingency rezone.

Responsible Agency: City of Del Mar, State of California General Services Department, 22nd District Agricultural Association, and California Coastal Commission
Funding Sources: City General Fund (target FY23 & 24)
Projected RHNA Accommodation: 54 lower income dwelling units, including extremely low-income units.

Here, the proposed project site is not a “candidate site,” it is instead a “contingency site” and is only required in the event that the binding agreement with the State is not in place by April 2024. HCD recognized this approach and approved this in its May 31, 2023, determination that the City’s 6th Cycle Housing Element is in “substantial compliance” with State Housing Element laws. Further, as part of that determination, HCD required more robust monitoring and reporting to ensure that the Fairgrounds site is not only achievable but can be timely implemented.

5. State Housing Laws Do Not Supersede the California Coastal Act The Applicant’s legal argument not only misapplies the City’s Municipal Code and Coastal Commission certified LCP, but it also neglects to recognize that all State Housing laws remain protective of environmental and coastal resources. The State did not allow its 162 September 22, 2025 Item 7
CDP23-008 (Seaside Ridge)
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mandated housing programs to override the State’s long lineage of protecting coastal resources and sensitive environmental habitats. Each housing law clearly states that neither the California Coastal Act nor CEQA is to be superseded.

The legal analysis submitted to the City specifies that the proposed project is not subject to full CEQA review, nor is it subject to the California Coastal Act. This ignores the mandates of the Coastal Act and CEQA, resulting in the City’s finding that the application is incomplete. In accordance with CA Gov. Code Sec. 65589.5 (e), which is cited below, both CEQA and the California Coastal Act do apply to the Seaside Ridge project. “Nothing in this section shall be construed to relieve the local agency from complying with the *** California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Neither shall anything in this section be construed to relieve the local agency from making one or more of the findings required pursuant to Section 21081 of the Public Resources Code or otherwise complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

Additionally, protection of coastal resources is clearly safeguarded under the Density Bonus Act and the California Coastal Act is not “superseded” under the CA Gov. Code Sec. 65915 (m), which states:
“This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the Applicant is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code.” (CA Gov.

Code Sec. 65915(m)).

6. The Builder’s Remedy Does Not Apply to an Incomplete Application The Builder’s Remedy only applies when an application is deemed complete. (CA Gov.

Code Sec. 65589.5(h)(5)). The Seaside application remains incomplete due to the mistaken belief that the LCP, as the implementation vehicle of the California Coastal Act, does not apply to the project. For the proposed project site, it is the LCP that defines the density standards and is the controlling Coastal Act standard that cannot be unilaterally waived. Moreover, it is not an Applicant that decides which parts of the California Coastal Act applies to their project, it is the City and ultimately the California Coastal Commission that enforces the mandates of the Coastal Act.

The applications, studies, documents, and verifications of data that the City has requested directly relate to its obligation to carry out the mandates of the California Coastal Act. As stated in the City’s prior incomplete letter, numerous studies are needed, information 163 September 22, 2025 Item 7
CDP23-008 (Seaside Ridge)
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requires validation, information clarifications are needed, and correct fees need to be paid. With these missing elements the application will not be deemed complete until these foundational documents are delivered and correct fees are paid.

7. Applications Required for Compliance with the City’s Local Coastal Program due to Non-Applicability of the HEI-OZ
Given the project’s lack of compliance with the City’s certified LCP and the City’s determination that the HEI-OZ does not apply to the project site, the documents listed below are required along with deposit of the correct fees associated with these discretionary actions: (Note that the listed deposit and fee estimates will be effective on July 1, 2023).
a) Rezone Application (Has Not Been Submitted) – As stated above, a rezone is a legislative action that cannot be processed administratively. Therefore, your application request for an “Administrative Rezone” is rejected and subject property is not eligible for “by right” housing development. Use and applicability of the HEIOZ for implementation of the Housing Element is at the discretion of the Del Mar City Council and is not required, by ordinance or otherwise. If you would like to apply for a legislative action to rezone the subject site properties (APN 298-241- 06, 298-241-07, & 299-030-14), then please prepare a separate letter of request to accompany the Uniform Development Application that provides the request, justifications for the rezone, and proposed findings for approval as are required in accordance with DMMC Section 30.86.220 (C). Exhibit shall also be prepared and submitted that identifies existing zoning designations and proposed zoning designations.

Required Deposit: $10,925 (This is an initial working deposit; additional funds may be required as deemed necessary)
b) Local Coastal Program Amendment (Has Not Been Submitted) – Rezoning of the subject site would require an LCPA, adopted by the City Council, and Certified by the California Coastal Commission. Proposed/revised text revisions and map exhibits of the City’s LCP are required with an LCPA application submittal.

Required Deposit: Included with the above-required Rezone deposit. c) General (Community) Plan Amendment (Has Not Been Submitted) – Amendment of the City’s General (Community) Plan is required for any changes to the Very Low Residential Density Land Use Designation (located in the North Bluff District) to allow - multi-unit development on lots identified with the Assessor’s Parcel Numbers 298-241-06, 298-241-07, and 299-030-14. Proposed/revised land use maps and Community Plan text revisions are required with the application submittal.

Required Deposit: Included with the above-required Rezone deposit. d) Environmental Assessment Application (Has Not Been Submitted) – The proposed project is subject to compliance with the California Environmental Quality 164 September 22, 2025 Item 7
CDP23-008 (Seaside Ridge)
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Act (CEQA). The Project is inconsistent with the California Coastal Act and the City’s certified LCP. Therefore, a discretionary Local Coastal Program Amendment is required in order for the Project to be found consistent with the existing LCP.

Accordingly, an Environmental Assessment (EA) application is required to determine the appropriate level environmental review that would be required for the project.

Required Deposit: $1,090 (Additional funds will be required once a consultant from the City’s on-call environmental consultant list has been contracted to perform the Initial Study). To facilitate the processing of the re-submitted application additional technical information/reports will be required regarding the following areas of environmental concern:
• Public Coastal View Impact Analysis
• Air Quality Impacts
• Energy Conservation and Impact Analysis
• Greenhouse Gas Emissions Impacts Including during construction • Hazards and Hazardous Materials Usage and Impacts
• Noise Impact Analysis
• Full Paleontological Report
• Tribal/Cultural Resources Impact
• Climate Change Impacts to the North Bluff
• Environmental Justice Analysis
• Proposed Roadway Impact Analysis
• Public Coastal Access Impact Analysis
• Conformity with LCP Impact Analysis
Upon completion of the required Initial Study, and in order to address significant environmental impacts, additional technical reports and/or information may be required.
e) Design Review Permit Application (Has Not Been Submitted) – Discretionary Design Review Permit approval is required for all development in the City of Del Mar not otherwise exempted. As it is the City’s determination that the subject Housing Development Project is not subject to the provisions of AB 1398, discretionary development applications and approvals are required in accordance with DMMC Chapter 23.08. The Applicant shall submit an unaltered City of Del Mar Design Review Permit Application and Submittal Checklist.

Required Application Fee: $11,380
Required General Plan/Zoning Code Update Charge (10%): $1,138 DRB Public Notice Fee: To be determined and required at the time of public notice distribution.
165 September 22, 2025 Item 7
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f) LCP Environmentally Protective Overlay Zones Apply to the Project Site Because the project site is located in the Coastal Commission approved Coastal Bluff Overlay Zone, the Bluff, Slope and Canyon Overlay Zone, and Lagoon Overlay Zone, as well as the proposed grading that would be required to adequately access to the housing units, the following discretionary permit applications are required under the provisions of the current and certified LCP:
i. Conditional Use Permit Application (Has Not Been Submitted) Required Application Fee: $2,595
Planning Commission Public Notice Fee: To be determined and required at the time of public notice distribution.
ii. Coastal Development Application – A CDP Supplemental questionnaire was submitted on March 30, 2023. However, as previously indicated in the City’s incomplete letter dated April 27, 2023, the Coastal Development Permit required for this project is a discretionary permit, not administrative permit. The required Application Fee is: $3,185.
iii. Land Conservation Permit Application (Has Not Been Submitted) Required Application Fee: $3,185
g) Tree Removal Permit Application (Application Submitted) Required Application Fees are due: $550
h) Boundary Adjustment/Certificate of Compliance Application (Has Not Been Submitted)
Required Fees: $3,550 (Planning Application Fee)
$1,490 (Engineering Review Fee)
TBD (Public Notice Fee, determined at time of submittal) Total Fees Owed: $39,088. In accordance with the City’s Planning and Engineering Fee Schedules, payment of these fees is required for the continued review and processing of the Seaside permit applications.

8. The following items must be resubmitted:
- All required forms and applications, and
- All other requested materials emailed to [email protected]. - A written response to each of the comments provided in this letter - Submittal of all fees as identified herein (upon receipt of City invoice) 166 September 22, 2025 Item 7
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If you have any questions, please contact me at (858) 755-9313, ext. 1158, or by email at [email protected].

Sincerely,
Matt Bator, AICP
Principal Planner
167 September 22, 2025 Item 7
1050 Camino Del Mar, Del Mar, California 92014-2698. Telephone: (858) 755-9313.Fax:
(858) 755-2794 www.delmar.ca.us
September 26, 2023
VIA EMAIL AND U.S. MAIL
Manuel Nieto
2717 Via de la Valle
Del Mar, CA 92014
SUBJECT: Third Review of Application CDP23-008 and Associated Materials Submitted for the Proposed 259 Multi-Unit Residential Development and Density Bonus Request (referred to as “Seaside Ridge”) at 929 Border (APN #’s 298-241-06, 298-241-07, and 299-030-14).

Dear Mr. Nieto:

Thank you for your resubmittal of materials associated with the above-cited entitlement, received by the City on August 28, 2023. The City of Del Mar Planning and Community Development Department, along with the City Attorney, have reviewed the submitted materials and responses to the comments and application status determination provided in the City’s second application status letter dated June 1, 2023. While the Applicant has submitted some of the items previously identified as required, such as Boundary Adjustment Application materials, associated fees, and the application processing fee for a Tree Removal Permit, most of the of the previously required items, including specific entitlement applications, information, and fees were not submitted to the City and therefore, it is staff’s continued determination that the subject Application is INCOMPLETE. The Applicant must submit the documentation requested by this Incomplete Letter and the two previous Incomplete Letters to gain “Complete” status. Additional justifications for this determination, which were provided in the City’s June 1, 2023, application status are reiterated below along with a listing of the information that would be required for the City to deem the project complete and process the proposed development project. Further, given the Applicant’s continued reliance on legal positions not supported by the City, a response to the Applicant’s legal counsel has been prepared by the City Attorney’s Office and provided as “Attachment A” to this letter.

It is the City’s continued position that the subject development project cannot be processed as proposed for the following reasons, as previously indicated and explained in the Incomplete letters provided by the City on April 27, 2023, and June1, 2023. • The Preliminary Application is Deemed “Not Submitted” Because the Project Increased More Than Twenty Percent (Repeated Comment)
Attachment F
168 September 22, 2025 Item 7
CDP23-008 (Seaside Ridge)
Incomplete Letter #3

• The City’s HEI-OZ Does Not Apply to Seaside Ridge Project Site • A Local Coastal Program Amendment, Community Plan Amendment, and Rezone Is a Required Action for the Approval of the Seaside Project • The Builder’s Remedy Does Not Apply to an Incomplete Application Applications, Materials and Fees Still Required:

Given the project’s lack of compliance with the City’s Community Plan, Zoning Designations, and certified Local Coastal Program (LCP) and the City’s determination that the HEI-OZ does not apply to the project site, the documents listed below are required along with deposit of the correct fees associated with those discretionary actions. Please note, while the Tree Removal Permit and Boundary Adjustment applications and required materials/fees have been filed with the City, they are part of the project as a whole under CEQA and the project is deemed incomplete until all items identified below are submitted to the City.
a) Rezone Application (Has Not Been Submitted) – As stated in previous reviews, a rezone is a legislative action that cannot be processed administratively. Therefore, your application request for an “Administrative Rezone” is rejected and subject project parcels are not eligible for “by right” housing development. Use and applicability of the HEI-OZ for implementation of the Housing Element is at the discretion of the Del Mar City Council. If the Applicant would like to apply for a legislative action to rezone the subject site parcels (APN 298-241-06, 298-241-07, & 299-030-14), then please prepare a separate letter of request to accompany the Uniform Development Application that provides the request, justifications for the rezone, and proposed findings for approval as are required in accordance with DMMC Section 30.86.220 (C). Exhibit shall also be prepared and submitted that identifies existing zoning designations and proposed zoning designations.

Required Deposit: $10,925 (This is an initial working deposit; additional funds may be required in accordance with the City’s adopted Fee Schedule). b) Local Coastal Program Amendment (LCPA) (Has Not Been Submitted) – Rezoning and modifying the land use designation of the subject site would require an LCPA, adopted by the City Council and Certified by the California Coastal Commission. Proposed/revised text revisions and map exhibits of the City’s LCP are required with an LCPA application submittal.

Required Deposit: Included with the above-required Rezone deposit. c) General (Community) Plan Amendment (Has Not Been Submitted) – Amendment of the City’s General (Community) Plan is required for any changes to the Very Low Residential Density Land Use Designation (located in the North Bluff District) to allow - multi-unit development on lots identified with the Assessor’s Parcel Numbers 298-241-06, 298-241-07, and 299-030-14. Proposed/revised land use 169 September 22, 2025 Item 7
CDP23-008 (Seaside Ridge)
Incomplete Letter #3

maps and Community Plan text revisions are required with the application submittal. Required Deposit: Included with the above-required Rezone deposit. d) Environmental Assessment Application (Has Not Been Submitted) – The proposed project is subject to compliance with the California Environmental Quality Act (CEQA). The Project is inconsistent with the California Coastal Act and the City’s certified LCP. Therefore, a discretionary Local Coastal Program Amendment is required in order for the Project to be found consistent with the existing LCP.

Accordingly, an Environmental Assessment (EA) application is required for the City to determine the appropriate level environmental review that would be required for the project.

Required Deposit: $1,090 (Additional funds will be required once a consultant from the City’s on-call environmental consultant list has been contracted to perform the Initial Study). To facilitate the processing of the re-submitted application additional technical information/reports will be required regarding the following areas of environmental concern:
• Public Coastal View Impact Analysis
• Air Quality Impacts
• Energy Conservation and Impact Analysis
• Greenhouse Gas Emissions Impacts Including during construction • Hazards and Hazardous Materials Usage and Impacts
• Noise Impact Analysis
• Full Paleontological Report
• Tribal/Cultural Resources Impact
• Climate Change Impacts to the North Bluff
• Environmental Justice Analysis
• Proposed Roadway Impact Analysis
• Public Coastal Access Impact Analysis
• Conformity with LCP Impact Analysis
Upon completion of the required Initial Study, and in order to address significant environmental impacts, additional technical reports and/or information may be required.
e) Design Review Permit Application (Has Not Been Submitted) – Discretionary Design Review Permit approval is required for all development in the City of Del Mar not otherwise exempted. As it is the City’s determination that the subject Housing Development Project is not subject to the provisions of AB 1398, discretionary development applications and approvals are required in accordance with Del Mar Municipal Code (DMMC) Chapter 23.08. The Applicant must submit an unaltered City of Del Mar Design Review Permit Application and Submittal Checklist.
170 September 22, 2025 Item 7
CDP23-008 (Seaside Ridge)
Incomplete Letter #3

Required Application Fee: $11,380 Required General Plan/Zoning Code Update Charge (10%): $1,138. DRB Public Notice Fee: To be determined and required at the time of public notice distribution.
f) LCP Environmentally Protective Overlay Zones Apply to the Project Site Because the project site is located in the Coastal Commission approved Coastal Bluff Overlay Zone, the Bluff, Slope and Canyon Overlay Zone, and Lagoon Overlay Zone, as well as the proposed grading that would be required to adequately access the housing units, the following discretionary permit applications are required under the provisions of the certified LCP:
i. Conditional Use Permit Application (Has Not Been Submitted) Required Application Fee: $2,595
Planning Commission Public Notice Fee: To be determined and required at the time of public notice distribution.
ii. Coastal Development Application – A CDP Supplemental questionnaire was submitted on March 30, 2023. However, as previously indicated in the City’s incomplete letter dated April 27, 2023, the Coastal Development Permit required for this project is a discretionary permit, not administrative permit. A new CDP Supplemental Questionnaire without reference to the HEI-OZ. The required Application Fee is: $3,185.
iii. Land Conservation Permit Application (Has Not Been Submitted) Required Application Fee: $3,185
Total Fees Owed: $33,498. In accordance with the City’s Adopted Planning and Engineering Fee Schedules, payment of these fees is required for the City to process the proposed Seaside Ridge project.

The following items must be submitted to [email protected]:
- All required forms, applications, and other requested materials - A written response to each of the comments provided in this letter - Submittal of all fees as identified herein (upon receipt of City invoice) If you have any questions, please contact me at (858) 704-3643, or by email at [email protected].

Sincerely,
Matt Bator, AICP
Principal Planner
Attachment A – City Attorney Legal Response
171 September 22, 2025 Item 7
CDP23-008 (Seaside Ridge)
Incomplete Letter #3

Attachment A – City Attorney Legal Response
Introduction
Put forth in Seaside Ridge’s three application submissions are a number of legal propositions that are proffered to distort the legal requirements found in current housing laws. These arguments were also provided to HCD in a formal complaint alleging that the City of Del Mar failed to meet its responsibilities under housing laws. Upon it completing its complaint review process, HCD declined to further investigate Seaside’s allegations. We believe the Seaside Ridge legal positions are without merit.

In the above Incomplete Letter, the City of Del Mar has responded to Seaside Ridge’s third attempt to process their application by ministerial actions, and it is therefore apparent that it is actually Seaside Ridge’s legal position that is a significant barrier to moving the project forward, not the City.

As a result, our Office provides the following brief analysis.

In short, the Coastal Act has not been superseded by the State’s housing laws, there is no legal support for an administrative amendment to the City’s LCP, and there is simply no legal process for the issuance of an administrative Coastal Development Permit for a project that is inconsistent with the City of Del Mar’s LCP. Contrary to Seaside Ridge’s assertions, the Planning and Community Development Director has not been delegated the authority to amend ordinances and apply the HEIOZ to the Seaside Ridge project site. Despite these legal short comings, it appears that Seaside Ridge would rather litigate these issues instead of adhering to the current state of law and, as a result, the project is likely to languish in the courts for years versus the timelier avenue of following the standard procedures for ordinance and LCP amendments.

We strongly encourage the Applicant to submit the documentation requested by this Incomplete Letter and the two previous Incomplete Letters provided to the Applicant.

In summary, the application proposes a 259-housing unit project located on an environmentally sensitive bluff that supports habitat for numerous coastal species, serves as a major scenic view corridor, and has and will be subject to continuous erosion as a result of climate change. Additionally, the Seaside Ridge project location provides a major linkage for the public to access coastal resources and the site is unlikely to accommodate the significant vehicular traffic generated by the project. Given the possibility that the proposed project will have significant unmitigable environmental and public health impacts there is no foundation in law that erodes the application of the California Coastal Act or the California Environmental Quality Act (“CEQA”).

Nowhere in housing law is the Coastal Act subservient to housing projects. Yet, the Applicant continues to believe that they can self-determine what provisions of the Coastal Act applies to their project.

The Applicant has continued to self-invent a Coastal Commission and City approval process that is simply non-existent and certainly not consistent with the California Coastal Act.

The Applicant continues to argue that the HEI-OZ applies to the Seaside Ridge project when it clearly does not. Of the many flaws in Applicant’s legal reasoning is that they, as a developer, have the right to invent the administrative process required under the California Coastal Act and self-determine what provisions of the Coastal Act apply to the Seaside Ridge project. Nowhere in State housing law does the legislation abolish the application of the California Coastal Act nor does the legislation allow for an applicant to choose what elements of the California Coastal Act do or do not apply to a housing project. Nor may an applicant by their own motion avoid a clearly defined legislative process of applying a new zoning classification to a project site. For the HEI172 September 22, 2025 Item 7 CDP23-008 (Seaside Ridge)
Incomplete Letter #3

OZ to apply to the project, the City Council must amend its HEI-OZ ordinance and apply it to the properties that make up the project site. Neither of these legislative actions are discretionary, nor do they qualify for legislative exemptions, therefore, environmental review under CEQA is mandated.

The New Parking Level
The Applicant states that the City has ignored certain application materials and that it is the City’s role to correct faulty or inconsistent documents found in the application materials. (Applicant’s Response Letter Aug. 28, 2023, Pg. 3).

It is not the role of the City to correct errors made by an applicant. As stated in the City’s second “Incomplete Letter” there was no error in calculating square footage stemming from the addition of a new parking level. The new parking level appeared in several areas of Applicant’s plans and as a result, the project grew more than 28% from the time the plans were originally submitted. Moreover, contrary to the Applicant’s assertions, the City carefully reviewed the submitted materials, as it does in every review process, and as a result it was clear that a new parking level was added to the project.

In a stark contradiction, the Applicant at the same time now asserts that the change in density, from adding a new parking level, is now a sought after wavier under the Density Bonus Act. This post rationalization is not supported by the previously submitted wavier and concession requests. We do, however, concur with the Applicant’s statements that the Seaside project is likely to cause significant increases in on-street parking resulting in impacts to public access to coastal resources and would therefore be inconsistent with the City’s LCP and the Coastal Act.

HEI-OZ
As stated in the previous Incomplete Letters, the HEI-OZ ordinance was drafted specifically for the property known as the “Watermark Site.” The objective design standards were also specifically tailored to impose design standards for the that specific development site.. In fact, the ordinance specifically identifies the application of the ordinance to two specific Assessor Parcel Numbers (“APN”). These APNs are directly tied to the Watermark site, not the North Bluff property where the proposed Seaside Ridge project is situated. Expanding the application of the HEI-OZ to the Seaside Ridge project would require public notice, CEQA review, public hearings, findings, and ordinance. In short, it is a discretionary legislative process that has not been uprooted by State housing laws. Again, while the Applicant has self-determined that no new significant environmental impact would result from this action, it is not the role of a lead agency to predetermine the outcome of the environmental review process. While we agree with Applicant that HEI-OZ could be used to apply to other housing site locations, that does not abdicate the City’s legislative process or the requirements of CEQA.

Finally, the Applicant now asserts that the City’s Planning Director can by her vested powers apply the HEI-OZ to the project site. And while this is certainly a creative interpretation of the City’s Planning Director authority it is not the case. Further, given that the HEI-OZ was drafted to apply to the Watermark parcels and the specific circumstances and location of that development site, the HEI-OZ would have to be revised to apply to the Seaside Ridge site, address its design issues, and ensure conformity with other applicable overlay zones that ensure protection of coastal resources. The City Council has not delegated this legislative authority to City staff, nor would it be lawful to do so.
173 September 22, 2025 Item 7
CDP23-008 (Seaside Ridge)
Incomplete Letter #3

Adherence to the LCP
There are significant density differences between the Seaside Ridge project and the City’s existing LCP. The LCP clearly identifies the North Bluff site as a low-density single-dwelling residential community. When the City and the Coastal Commission approved the City’s LCP, both agencies recognized that the North Bluff is surrounded by sensitive coastal resources, provides public access to significant coastal resources, determined that public parking is limited, and that public views should remain protected. These foundational planning goals are inapposite to what has been proposed by the Seaside project. The Seaside Ridge project is a high density, mutidwelling project, with a combination of market rate homes and homes priced for lower-income households which could result in significant impacts to sensitive coastal resources, impede public access to coastal resources, and block public viewing areas. In order for the Seaside Ridge project to be found consistent with the City’s LCP an amendment would be necessary. Amending the City’s certified LCP is a legislative action requiring CEQA review, City Council approval, and Coastal Commission certification.

We strongly disagree that an applicant can propose mitigation measures designed to address a few coastal resource protection issues and then self-certify that the project is consistent with the California Coastal Act. Again, State legislation does not disregard the mandates of the California Coastal Act, and, in fact, in passing the most recent legislation the legislature again codified the importance of the California Coastal Act. This premise is clearly stated in CA Gov.

Code Sec. 65589.5 (e):
“Nothing in this section shall be construed to relieve the local agency from complying with the *** California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Neither shall anything in this section be construed to relieve the local agency from making one or more of the findings required pursuant to Section 21081 of the Public Resources Code or otherwise complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

Additionally, the protection of coastal resources is clearly protected under the Density Bonus Act and the California Coastal Act is clearly not “superseded” under the CA Gov. Code Sec. 65915 (m):
“This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code.” (CA Gov. Code Sec. 65915(m)).

CEQA and the California Coastal Act were all but ignored by the Applicant’s most recent response. Until the Applicant complies with the documentation and processing fees required for an amendment to the City’s LCP, the application will remain incomplete. 174 September 22, 2025 Item 7
CDP23-008 (Seaside Ridge)
Incomplete Letter #3

Contrary to Applicant’s assertions, there is simply no “Administrative Coastal Development Permit” process available for amending an LCP. While it certainly would be beneficial and expeditious for a developer of a project to self-determine what provisions of the Coastal Act apply to their project, that is not how housing law, the California Coastal Act, or CEQA is written. Further, given the stark density difference between the current LCP and the density found in the Seaside Ridge project, an amendment to the LCP is mandated by the California Coastal Act.

The amendment of the City’s LCP is a discretionary action that requires CEQA review and given the likelihood of significant environmental impacts that may be generated by the Seaside Ridge project, legislative exemptions are not warranted. And while the Applicant has declared that all environmental impacts have been reduced to a level of insignificance, this developer position is not binding on a lead agency. The role of a lead agency is to independently determine if the project may result in any significant environmental effects and independently review those impacts. Neither the City nor the Coastal Commission can abdicate these independent reviews and abide by the determinations made by an applicant.

Unfortunately, Seaside Ridge’s third set of legal responses is highly misleading, misstates applicable law, and is devoid of documentation requested by the City. To remedy these shortcomings, it is advisable for the Applicant to provide the documentation requested by the City. The City will in turn diligently process the application consistent with the City’s Community Plan, Municipal Code, State housing laws, the California Coastal Act, and CEQA.

Ralph T. Hicks
Assistant City Attorney
City of Del Mar
175 September 22, 2025 Item 7
1050 Camino Del Mar, Del Mar, California 92014-2698. Telephone: (858) 755-9313.Fax:
(858) 755-2794 www.delmar.ca.us
December 20, 2023
VIA EMAIL AND U.S. MAIL
Manuel Nieto
2717 Via de la Valle
Del Mar, CA 92014
SUBJECT: Fourth Review of Application Materials Submitted for CDP23-008 (Proposed 259 Multi-Unit Residential Development and Density Bonus Request, referred to as “Seaside Ridge”) at 929 Border (APN #’s 298-241- 06, 298-241-07, and 299-030-14).

Dear Mr. Nieto:

Thank you for the November 22, 2023 fourth resubmittal of materials associated with the above-cited entitlement. The current submittal and the three previous submittals continue to be unresponsive to the documentation requested by the City. The Applicant continues to provide argumentative legal analysis instead of providing the documentation required to process the subject project. As a result, the City of Del Mar Planning and Community Development Department and the City Attorney have reviewed the submitted materials listed below and determined the subject Application continues to be INCOMPLETE.

November 22, 2023, Application Materials Submitted to the City:

1. Cover Letter

2. Legal response to the City’s September 26, 2023, Incomplete Status Determination On December 11, 2023, the City Attorney’s Office sent via certified mail/email, a response to the Applicant’s legal response (listed as #2 above). For your convenience, the City Attorney’s letter is again included as Attachment A. For the Applicant to receive a “Complete” status for this project, they must submit the documentation requested as follows in this Incomplete Letter and the previous (September 26, 2023) Incomplete Letter. As indicated in previous correspondence, the project materials submitted thus far will be deemed filed but will remain Incomplete until the project entitlement materials identified in this status letter are submitted. These materials are required in order for the City to fully evaluate the proposed project in accordance with City regulations and to assess potential environmental impacts as required by the California Environmental Quality Act and the California Coastal Act.

Attachment G
176 September 22, 2025 Item 7
CDP23-008 (Seaside Ridge)
Incomplete Letter #4
December 20, 2023

Applications, Materials and Fees Still Required:

Given the project’s lack of compliance with the City’s Community Plan, Zoning Designations, and certified Local Coastal Program (LCP) and the City’s determination that the HEI-OZ does not apply to the project site, the documents listed below are required along with deposit of the correct fees associated with those discretionary actions. a) Rezone Application (Has Not Been Submitted) – As stated in previous reviews, a rezone is a legislative action that cannot be processed administratively. Therefore, your application request for an “Administrative Rezone” is rejected and subject project parcels are not eligible for “by right” housing development. Use and applicability of the HEI-OZ for implementation of the Housing Element is at the discretion of the Del Mar City Council. If the Applicant would like to apply for a legislative action to rezone the subject site parcels (APN 298-241-06, 298-241-07, & 299-030-14), then please prepare a separate letter of request to accompany the Uniform Development Application that provides the request, justifications for the rezone, and proposed findings for approval as are required in accordance with DMMC Section 30.86.220 (C). Exhibit shall also be prepared and submitted that identifies existing zoning designations and proposed zoning designations.

Required Deposit: $10,925 (This is an initial working deposit; additional funds may be required in accordance with the City’s adopted Fee Schedule). b) Local Coastal Program Amendment (LCPA) (Has Not Been Submitted) – Rezoning and modifying the land use designation of the subject site would require an LCPA, adopted by the City Council and Certified by the California Coastal Commission. Proposed/revised text revisions and map exhibits of the City’s LCP are required with an LCPA application submittal.

Required Deposit: Included with the above-required Rezone deposit. c) General (Community) Plan Amendment (Has Not Been Submitted) – Amendment of the City’s General (Community) Plan is required for any changes to the Very Low Residential Density Land Use Designation (located in the North Bluff District) to allow - multi-unit development on lots identified with the Assessor’s Parcel Numbers 298-241-06, 298-241-07, and 299-030-14. Proposed/revised land use maps and Community Plan text revisions are required with the application submittal. Required Deposit: Included with the above-required Rezone deposit. d) Environmental Assessment Application (Has Not Been Submitted) – The proposed project is subject to compliance with the California Environmental Quality Act (CEQA). The Project is inconsistent with the California Coastal Act and the City’s certified LCP. Therefore, a discretionary Local Coastal Program Amendment is required in order for the Project to be found consistent with the existing LCP.

Accordingly, an Environmental Assessment (EA) application is required for the City to determine the appropriate level environmental review that would be required for the project.
177 September 22, 2025 Item 7
CDP23-008 (Seaside Ridge)
Incomplete Letter #4
December 20, 2023

Required Deposit: $1,090 (Additional funds will be required once a consultant from the City’s on-call environmental consultant list has been contracted to perform the Initial Study). To facilitate the processing of the re-submitted application additional technical information/reports will be required regarding the following areas of environmental concern:
• Public Coastal View Impact Analysis
• Air Quality Impacts
• Energy Conservation and Impact Analysis
• Greenhouse Gas Emissions Impacts Including during construction • Hazards and Hazardous Materials Usage and Impacts
• Noise Impact Analysis
• Full Paleontological Report
• Tribal/Cultural Resources Impact
• Climate Change Impacts to the North Bluff
• Environmental Justice Analysis
• Proposed Roadway Impact Analysis
• Public Coastal Access Impact Analysis
• Conformity with LCP Impact Analysis
Upon completion of the required Initial Study, and in order to address significant environmental impacts, additional technical reports and/or information may be required.
e) Design Review Permit Application (Has Not Been Submitted) – Discretionary Design Review Permit approval is required for all development in the City of Del Mar not otherwise exempted. As it is the City’s determination that the subject Housing Development Project is not subject to the provisions of AB 1398, discretionary development applications and approvals are required in accordance with Del Mar Municipal Code (DMMC) Chapter 23.08. The Applicant must submit an unaltered City of Del Mar Design Review Permit Application and Submittal Checklist.

Required Application Fee: $11,380 Required General Plan/Zoning Code Update Charge (10%): $1,138. DRB Public Notice Fee: To be determined and required at the time of public notice distribution.
f) LCP Environmentally Protective Overlay Zones Apply to the Project Site Because the project site is located in the Coastal Commission approved Coastal Bluff Overlay Zone, the Bluff, Slope and Canyon Overlay Zone, and Lagoon Overlay Zone, as well as the proposed grading that would be required to adequately access the housing units, the following discretionary permit applications are required under the provisions of the certified LCP:
i. Conditional Use Permit Application (Has Not Been Submitted) Required Application Fee: $2,595
178 September 22, 2025 Item 7
CDP23-008 (Seaside Ridge)
Incomplete Letter #4
December 20, 2023

Planning Commission Public Notice Fee: To be determined and required at the time of public notice distribution.
ii. Coastal Development Application – A CDP Supplemental questionnaire was submitted on March 30, 2023. However, as previously indicated in the City’s incomplete letter dated April 27, 2023, the Coastal Development Permit required for this project is a discretionary permit, not administrative permit. A new CDP Supplemental Questionnaire without reference to the HEI-OZ. The required Application Fee is: $3,185.
iii. Land Conservation Permit Application (Has Not Been Submitted) Required Application Fee: $3,185
Total Fees Owed: $33,498. In accordance with the City’s Adopted Planning and Engineering Fee Schedules, payment of these fees is required for the City to process the proposed Seaside Ridge project.

The following items must be submitted to [email protected]:
- All required forms, applications, and other requested materials - A written response to each of the comments provided in this letter - Submittal of all fees as identified herein (upon receipt of City invoice) If you have any questions, please contact me at (858) 704-3643, or by email at [email protected].

Sincerely,
Matt Bator, AICP
Principal Planner
Attachment A – City Attorney Legal Response
cc: Joshua M. Caplan, Esq.

Dylan K. Johnson, Esq.
179 September 22, 2025 Item 7
Attachment A to December 20, 2023 Seaside Ridge "Incomplete Letter" 180 September 22, 2025 Item 7
181 September 22, 2025 Item 7
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185 September 22, 2025 Item 7
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Karen Falk, Principal Engineer
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: September 22, 2025
SUBJECT: Update Regarding Paving and Traffic Striping Improvements on Jimmy Durante Boulevard and Approval of Task Order with Michael Baker International for Engineering Services for the Jimmy Durante Boulevard Pavements Improvement Project
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Receive an Update on the Planned Traffic Striping Improvements on Jimmy Durante Boulevard; 2) Approve a $57,300 Task Order with Michael Baker International for Design Services (Attachment B); and 3) Authorize the City Manager to execute the Task Order.

BACKGROUND:

The City of Del Mar maintains a network of approximately 25 miles of arterials, local streets, and paved alleys. The City’s street maintenance program completes pavement repairs annually to preserve the integrity of the City’s roadways. Traffic striping modifications are typically scheduled during major roadway repairs to maximize their useful durations.

In 2024, the City completed a comprehensive pavement condition assessment and prepared a five-year Pavement Management Plan (PMP) that created guidelines and a strategic approach to prioritize street repairs and guide funding decisions. Pavement network conditions are measured through the Pavement Condition Index (PCI), which is a numerical rating system used to assess the condition of a pavement segment based on visible surface distress.

The highest possible PCI score is 100 (Excellent) and lowest possible PCI score is 0 (Failed). The citywide weighted PCI was determined to be 76.1, which is an overall “Good” condition rating. The City Council committed to funding a minimum of $750,000 annually to increase the PCI to 80.5 at the end of the next five-year period. 1 September 22, 2025 Item 8
City Council Agenda Report
Paving and Traffic Striping Improvements on Jimmy Durante Boulevard September 22, 2025

DISCUSSION/ANALYSIS:

As identified in the PMP, Jimmy Durante Boulevard’s PCI ranges from 49 to 62, and most of the pavement is considered to be in “Poor” condition. Due to this low PCI and its high vehicular, pedestrian, and bicycle usage, City staff recommended pavement improvements to Jimmy Durante Boulevard (JDB) be prioritized early in the PMP schedule and funding was included in the FY 2025-2026 budget to complete this project.

This project will complete pavement improvements to JDB between the San Dieguito River Bridge and the southern side of the intersection of Via de la Valle. This road segment is approximately 3/4-mile long and ranges in width from 40-feet to 112-feet. It includes multiple lanes in each direction, dedicated turn lanes, a striped median, and northbound and southbound bicycle lanes.

The improvements will fit within the existing curb-to-curb width; and existing curbs, gutters, and sidewalks would remain as-is. Project improvements will include a grind and overlay and asphalt replacement, structural repairs to the subsurface if needed, and new reflective traffic striping.

Modifications to Traffic Striping
The repaving of JDB between the San Dieguito River bridge and Via De La Valle presents an opportunity to update the existing traffic striping of the roadway that might better serve the community. The City’s Traffic Engineer reviewed the existing striping for safety, compliance with standards, and operational improvements. Attachment A includes a conceptual traffic striping modification plan.

Where possible, additional buffers were provided to the bicycle lanes, conflict areas were highlighted with green paint, pedestrian spaces were clearly defined, and proper merging conditions were implemented. The plans also strongly consider how lanes are defined around the Fairgrounds, by including dedicated turn lanes, pavement legends for guidance, and areas that can be adjusted during events to provide emergency vehicle access and added entry/exit capacity.

The goal is to create a final product with reduced speeds, flexible traffic flow, and more conspicuous facilities for vulnerable users such as cyclists and pedestrians. The modifications have been discussed at length with Fairgrounds staff and were developed to improve traffic circulation and complement their typical traffic control setups for special events. City staff will continue to engage with the community and Fairgrounds and will incorporate feedback provided into the design as appropriate.

Design Task Order
The City has an agreement in place with Michael Baker International (MBI) for as-needed civil engineering services. Staff recommends issuing MBI a $57,300 Task Order (Attachment B) to provide engineering design and bid support for the project. The proposed Task Order will authorize MBI to complete the design drawings, specifications, and prepare a cost estimate.
2 September 22, 2025 Item 8
City Council Agenda Report
Paving and Traffic Striping Improvements on Jimmy Durante Boulevard September 22, 2025

Project Timeline & Next Steps
The preparation of biddable plans and specifications will be completed in December 2025.

Following the completion of the design, the project will be advertised for public bid with an anticipated bid opening in late January 2026. The construction phase is anticipated to take approximately 3 months and will be completed by May 2025, which will avoid impacts to large scale events scheduled to occur at the Fairgrounds.

FISCAL IMPACT:

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

Sufficient funds have been included in the approved Fiscal Year 2025-2026 Operating and Capital Budget to cover the proposed $57,300 Task Order with MBI.

ENVIRONMENTAL IMPACT:

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

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

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

ATTACHMENTS:

Attachment A – Conceptual Plans for Striping Improvements Attachment B – Michael Baker International Task Order
Exhibit A to Attachment B – Scope of Work and Fee
3 September 22, 2025 Item 8

JIMMY DURANTE BLVD

FIRE GATE

JIMMY DURANTE BLVD

MAIN GATE
GATE 2
(RIDESHARE GATE)
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
www.delmar.ca.us
4803 34TH STREET SAN DIEGO, CA 92116
Phone: (619) 846-6987 ZONETRAFFICENG.COM
..\..\ZONE LOGO.jpg
ATTACHMENT A 4 September 22, 2025 Item 8
JIMMY DURANTE BLVD CROSBY GATE DWY FAIR DWY FAIR AeccDbCogoPoint (AeccLand130) AeccDbCogoPoint (AeccLand130) VIA DEL LA VALLE

JIMMY DURANTE BLVD

VALLEY AVE

MAIN STABLE GATE DWY FAIR
5 5

SOUTH NORTH

OVERFLOW

PARKING LOT

ENTRANCE

HOTEL DRIVEWAY
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
T 858.755-9313 F 858.755-2794
www.delmar.ca.us
4803 34TH STREET SAN DIEGO, CA 92116
Phone: (619) 846-6987 ZONETRAFFICENG.COM
..\..\ZONE LOGO.jpg
ATTACHMENT A 5 September 22, 2025 Item 8

ATTACHMENT B
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us September 22, 2025
Michael Baker International SENT VIA EMAIL
Attn: Tim Thiele
5050 Avenida Encinas, Suite 260
Carlsbad, CA 92008
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR JIMMY DURANTE BOULEVARD PAVEMENT IMPROVEMENTS (ACCOUNT 40.7000.7009)
This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the As-Needed Civil Engineering, Traffic Engineering, and Development Review Services Agreement between the City of Del Mar and Michael Baker International (Consultant), the term for which is December 7, 2020, to December 7, 2025.

Consultant shall execute tasks related to the Jimmy Durante Boulevard Pavement Improvement Project, as described in the Consultant’s proposed scope of work dated August 8, 2025, and included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $57,300. The project schedule shall commence upon execution of this Task Order/Notice to Proceed and be completed by February 28, 2026, to the satisfaction of the City Manager, in accordance with the proposed scope of work in Exhibit A.

The primary contact for this Task Order and invoicing is Polly Robertson, Management Analyst, who can be reached at [email protected] and (858) 704-3677.

Please sign and return a copy of this Task Order electronically through OneSpan, the City’s electronic document routing program. Please contact Management Analyst Denise Galvan at [email protected] or (858) 704-3657 with any questions about executing this Task Order.

Approved by: Accepted by:
_____________________________________ _______________________________________ Ashley Jones Date Tim Thiele Date
City Manager Vice President
cc: Joe Bride, Public Works Director
Karen Falk, Principal Engineer
Polly Robertson, Management Analyst
Exhibit A: Scope of Work and Fee Estimate
6 September 22, 2025 Item 8
5050 Avenida Encinas, Suite 260 | Carlsbad, CA 92008
Office: 760.476.9193 | Fax: 760.476.9198
August 8, 2025
Karen Falk, PE
Principal Engineer
City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
Re: Jimmy Durante Boulevard Pavement Rehabilitation and Restriping Dear Karen:

Pursuant to your request, the Michael Baker International team is pleased to provide you with this proposed scope of services and fee estimate for the above-mentioned project.

Below is a summary breakdown of the tasks we would undertake to prepare the final construction documents for the Jimmy Durante Boulevard Pavement and Signing and Striping improvements located from South of the Intersection of Via De La Valle and Jimmy Durante Boulevard to north of the San Dieguito Bridge. A detailed scope of services is attached, and fee estimate is provided below.

Our staff is ready to commence upon your approval of our scope of services. If you have any questions about this scope of services or fee estimate, please feel free to contact me at 760-603- 6260.

Sincerely,
Geoffrey Retemeyer, PE, TE
Project Manager
ATTACHMENT B 7 September 22, 2025 Item 8
City of Del Mar
August 8, 2025
Jimmy Durante Blvd Slope Stabilization Page 1
City of Del Mar As-Needed Professional Services Agreement Proposal for Improvement Plans for the Pavement Rehabilitation and Restriping on Jimmy Durante Blvd
Project Understanding
The City of Del Mar is requesting construction documents for pavement rehabilitation and restriping in Jimmy Durante Boulevard. The proposed improvements will occur from Via De La Valle and south to near the San Dieguito Bridge. The pavement rehabilitation will include cold mill and overlay and localized dig outs. The proposed striping will include bringing the existing striping condition up to current standards and improving bike and pedestrian access along the frontage of the Del Mar Fairgrounds. Preliminary pavement improvement exhibits, striping exhibits, and cost estimates previously reviewed by the City will be the basis for design. Improvement, striping, and erosion control plans within the public right-of-way are included in the scope of improvements.

Scope of Services
This scope has been prepared in response to the City’s request for Michael Baker International to provide final construction documents (plans, specifications, and estimate) for the pavement rehabilitation and restriping in Jimmy Durante Boulevard.

Task 1: Civil Improvement Plans
MBI and Zone Traffic Engineering will prepare civil and traffic improvement plans within the public right-of-way on Jimmy Durante Boulevard, from south of the intersection of Via De La Valle and Jimmy Durante Boulevard to north of the San Dieguito Bridge.

The improvement plans will be prepared in accordance with City of Del Mar standard sheets and notes and County of San Diego Regional standards. Plan view sheets will be prepared at 1”=40’ scale together with associated plan and detail sheets in AutoCAD format using the City’s title block, except for the erosion control plan which will be prepared at 1”=80’. Following each submittal, comments provided by the City will be incorporated into the next milestone submittal.

The following civil improvement sheets are anticipated; • Title Sheet, General Notes and Key Map (1)
• Demolition and Improvement Plan (2)
• Signing and Striping Plan (2)
• Erosion Control Plan (1)
The paving improvements are anticipated to include cold mill and overlay and localized dig outs.

The localized dig outs will be approximately located on the plans based only on field visual inspection and will need to be verified by the City representative during construction. It is assumed the existing curb, gutter, and sidewalk on Jimmy Durante will be protected in place. Additionally, no improvements will be made outside of the right-of-way.

The striping plan will note the proposed and existing signage, pavement markings, pavement legend, and sign and striping removals. At the project boundaries, the proposed striping will be designed to join the existing striping conditions. Existing striping will be verified based on the current topographic survey available, which was used to create preliminary conceptual exhibits.

ATTACHMENT B 8 September 22, 2025 Item 8
City of Del Mar
August 8, 2025
Jimmy Durante Blvd Slope Stabilization Page 2
It is assumed the project is a Standard Development Project as the improvements are part of routine maintenance activities since the scope includes resurfacing and restriping of an existing road, including full-depth replacement. A Standard Project intake form and SWQMP checklist will be provided with each submittal.

It is assumed that there will be a maximum of three (3) submittals to the City for review and comment at the 60%, 90%, and Final deliverable milestones. A response to comments matrix will be prepared and provided with each milestone submittal.

Deliverables:
• Improvement Plans at 60%, 90%, and Final Milestone Submittals • Response to Comments Matrix for Previous Plan-Check Comments Task 2: Engineers Estimate
An Opinion of Probable Construction Costs will be prepared based on the improvement plans and provided with each milestone submittal. The construction cost estimate will include bid item description, bid unit, bid quantity, unit price, and total price for each bid item. Unit costs will be based on the most current cost information from recent, similar projects compiled using California Prevailing Wage.

Deliverables:
• Engineer’s Estimate at 60%, 90%, and Final Milestone Submittals Task 3: Specifications
Special Provisions portions of the construction specifications suitable for bidding and awarding of the Contract for the improvements designed by MBI. The specifications will be prepared in the 2021 “Greenbook” Standard Specifications for Public Works Construction format. MBI will submit the specifications in Microsoft Word format. It is assumed the City will prepare the front-end specifications. It is assumed project specifications will be provided at the 90% and Final submittal milestones.

Deliverables:
• Bid Schedule (PDF and MS Word) at 60%, 90%,and Final Milestone Submittals • Project Technical Specifications (PDF and MS Word) at 90% and Final Milestone Submittals
Task 4: Monument Preservation
MBI will provide field surveys and mapping services to accommodate Monument Preservation at the site, prior to the commencement of construction. MBI will perform the following:
• Research survey maps and records filed at the County Surveyor’s Office. • Identify monuments that could be at risk due to site work in the vicinity. • Perform field surveys to locate said monuments and set reference ties as needed. • After construction is complete, perform field inspection of all said monuments, and replace any monuments destroyed by construction.

Deliverables:
• Prepare a PRE-construction Corner Record (CR) showing said monuments and submit to County Surveyor. Address any comments by County surveyor through official filing of CR.

It is anticipated that four CRs will be needed for the project. • Prepare a POST-construction Corner Record (CR) showing said monuments and any monuments replaced, and submit to County Surveyor. Address any comments by County surveyor through official filing of CR.

ATTACHMENT B 9 September 22, 2025 Item 8
City of Del Mar
August 8, 2025
Jimmy Durante Blvd Slope Stabilization Page 3
Task 5: Bid Support
MBI will assist the City during the bidding phase. This will include assisting the City with answering contractor inquiries as the contractors prepare to bid on the project. The budget for this task was developed estimating 16 hours utilized by project managers and project engineers.

Deliverables:

Response to Bidder RFIs and plan sheet addendums in accordance with the estimated budget above.

Task 6: Meetings and Coordination
This task is to provide budget for as-needed meetings and coordination for the project. This task will include preparing meeting agendas, organizing the meetings, and preparing meeting minutes as appropriate. Additionally, this task will include preparation of exhibits as requested by the City to support meeting agendas. Lastly, this will include a site walk to verify the localized dig out locations and extent of pavement improvements.

Deliverables:
• Attendance, meeting agendas, meeting minutes, and exhibits for; o Two (2) project team coordination meetings
o One (1) meeting with the fairgrounds and City staff
o One (1) site walk with City staff
Additional Services
Services which are not specifically identified herein as services to be performed by Consultant or its consultants are considered "Additional Services" for purposes of this Agreement. Client may request that Consultant perform services which are Additional Services, however, Consultant is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Service.

In the event Consultant performs Additional Services at the Client’s request before receipt of such executed amendment, Client acknowledges its obligation to pay for such services at Consultant's standard rates, within 30 days of receipt of Consultant's invoice.

ATTACHMENT B 10 September 22, 2025 Item 8
City of Del Mar
August 8, 2025
Jimmy Durante Blvd Slope Stabilization Page 4

EXHIBIT B
Compensation
Michael Baker proposes to complete the work outlined in Scope of Services and invoice the City monthly on a percentage of completion basis in accordance with the following cost estimate:

TASKS and ANTICIPATED COSTS
Task 1: Improvement Plans $16,100
Task 2: Engineer’s Estimate $1,800
Task 3: Specifications $7,100
Task 4: Monument Preservation $24,700
Task 5: Bid Support $2,500
Task 6: Meetings and Coordination $4,600
Reimbursables $500
TOTAL: $57,300

ATTACHMENT B 11 September 22, 2025 Item 8
City of Del Mar
August 8, 2025
Jimmy Durante Blvd Slope Stabilization Page 5

EXHIBIT C
Assumptions Used in Scope Development
• Permitting services and permitting support consultation is not included. • Potholing is excluded from this scope of work
• Front-end specification will be prepared by the City. • Record of Survey is not included in this scope of work. • Mapping of right-of-way and easements are not included in this scope of work. • Both pre-construction and post-construction corner records produced are for the purpose of monument preservation only. No boundary analysis or the depiction of a boundary survey shall be performed as part of these Corner Records • City of Del Mar shall provide full access to all portions of the site including access to all property lines. City of Del Mar will notify tenants and/or neighbors prior to survey. • Field Topographic Survey (outside monument preservation) is not included in this scope of work.
• It is assumed the improvements will be a Standard Development Project and will not be subject to Priority Development Project stormwater requirements. • No Hydrology/Hydraulics report will be prepared as the any increase in stormwater runoff as a result from the improvements is assumed to be negligible and follow the existing drainage pattern.
• The City will take the lead in bidding the project for construction. • Construction support is not included in this scope of work. • Acquisition of right-of-way and/or Temporary Construction Easements (TCE) as well as acquisition consultation services are not included.
• Traffic Control Plans are to be prepared by the contractor and therefore excluded from MBI’s scope of work.

ATTACHMENT B 12 September 22, 2025 Item 8
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Martin Boyd, Principal Engineer
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: September 22, 2025
SUBJECT: Consideration of San Diego Gas & Electric Cost Agreement for the Crest Canyon (X1A) Utility Undergrounding District
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council approve the San Diego Gas & Electric (SDG&E) Cost Agreement for the Crest Canyon (X1A) Utility Undergrounding District with a cost of $2,776,128 (Attachment A) and authorize the City Manager to execute the Agreement.

BACKGROUND:

The City of Del Mar continues to implement the citywide Undergrounding Program (UP), which will remove utility poles and replace overhead cables for electricity and telecommunications with underground lines. As part of the UP, the City Council authorized the formation of Crest Canyon (X1A) Utility Undergrounding District (UUD) on July 12, 2021.

Crest Canyon includes 77 poles and 12,520 linear feet of overhead conversion to 19,610 linear feet of underground trench involving 152 properties and 114 residences. There are eighty properties requiring undergrounding of their private service lateral at the expense of the property owner. A map of Crest Canyon is included as Attachment B.

Following completion of the design for Crest Canyon, the City issued a competitive public bid solicitation in July 2025, for the City’s construction activities for the project, which closed on August 27, 2025. On September 8, 2025, the City Council awarded a construction contract to TC Construction Company, Inc. for $7,128,770, approved related task orders for construction support services totaling $906,313, and authorized $712,877 in project contingency.

The City’s undergrounding construction activities are primarily for trenching and installation of conduit and substructures, and completion of the project necessitates close coordination with the utility companies – SDG&E, AT&T, and Charter Communications/Spectrum.

The City’s construction activities for the Crest Canyon project will begin after the City’s construction contract is executed, a Notice to Proceed is issued, and SDG&E has assigned an inspector. The project duration for City construction is estimated at 12 months from October 2025 to October 2026.
1 September 22, 2025 Item 9
City Council Agenda Report
Consideration of SDG&E Cost Agreement for the Crest Canyon (UUD X1A) September 22, 2025

Following the City contractor’s phased work, the homeowners will be required to install their portion of the service laterals and upgrade electrical panels, as necessary, including obtaining SDG&E and City inspector approvals. Extensive coordination has already occurred with residents, and they will have approximately two months to complete their work to connect to the point of connection established by the City’s contractor.

Cable and connections, services cutovers, cable poles, and overhead removals by the utility companies will be completed after all homeowners have completed their lateral installations.

Overall, the homeowner installations and utility agency work are expected to take approximately six to eight months following completion of the City contractor’s work with project completion expected between March and May 2027. However, the utility companies will confirm their schedules.

DISCUSSION/ANALYSIS:

SDG&E Cost Agreement
SDG&E provided the Crest Canyon cost agreement (Attachment A) to City staff on September 5, 2025, with a final pre-construction estimate amount of $2.8 million (Attachment C), which is the initial cost due to SDG&E. The City’s contract with SDG&E is based on actual cost billing for the installation of cable and connections, service cutovers, cable poles, pole removals, and engineering and inspection fees. As part of the actual cost billing process, SDG&E provides the City with an initial estimated cost invoice prior to construction, followed by a final reconciliation invoice based on actual costs after construction is completed.

In May 2025, SDG&E provided the City with a pre-bid cost estimate of $3.7 million (Attachment D). Thus, the updated September 2025 cost estimate from SDG&E for Crest Canyon is $0.9 million less, or 24% lower, than the pre-bid cost estimate.

The SDG&E costs for Crest Canyon has a cost per linear foot of joint trench of $161, which excludes the joint communications trench along San Dieguito Drive. For comparison, the Tewa Ct/10th St and Stratford Court South (1A) costs per linear foot of joint trench were $223 and $145, respectively, when adjusted for 23% and 0.1% inflation based on the California Construction Cost Index (CCCI) from the cost agreement approval dates of February 2022 and April 2025.

However, it is important to note that this metric is a simplified view, as multiple cost drivers (e.g., poles, transformers, homes, etc.) contribute to the overall cost. Note that, unlike Stratford Court South (1A), the Crest Canyon project includes cable poles, which increase overall costs by $688,948. Cable pole work is required as part of the project at transition points between the new underground system and the existing overhead system. This is necessary either to intercept the underground lines at a new cable pole or due to structural loading requirements on the existing poles to remain. When this cost is excluded, the cost per linear foot of joint trench is $121, which is actually less than Stratford Court South (1A). 2 September 22, 2025 Item 9
City Council Agenda Report
Consideration of SDG&E Cost Agreement for the Crest Canyon (UUD X1A) September 22, 2025

Crest Canyon – Project Costs
The total project cost for Crest Canyon is now estimated to be $12.78 million based on the City construction and SDG&E bids. Attachment E includes a budget summary reflecting the estimated project costs from initial district formation to the current estimate for comparison.

The prior total project cost estimate on June 2, 2025, was $15.75 million. Hence, the total project cost has decreased by $2.97 million since the pre-bid cost estimates from June 2025.

The cost per linear foot of overhead conversion is now estimated at $1,021, and the cost per linear foot of joint trench is estimated at $652. This includes the cost of required professional services during the design phase in preparation for the bid process, cost for construction, costs paid to the utility companies for their engineering fees and construction work, and the cost for third party construction management and support services during construction. For comparison, the Tewa Ct/10th St and Stratford Court South (1A) costs per linear foot of joint trench were $864 and $753, respectively, when adjusted for inflation based on the CCCI.

FISCAL IMPACT:

Council approval of the recommended action will result in execution of the SDG&E Cost Agreement and payment of $2,776,128 to SDG&E for Crest Canyon (Attachment A). There are sufficient funds available in the adopted Fiscal Year 2025-26 Capital Budget to cover the cost of the Agreement.

ENVIRONMENTAL IMPACT:

Pursuant to requirements of the California Environmental Quality Act (CEQA), a Notice of Exemption was filed for both the Utility Undergrounding District X1A - Crest Canyon Undergrounding District Project (State Clearinghouse No. 2024101301). The project was adopted by Council on October 7, 2024. The SDG&E Cost Agreement being considered for construction work falls under the scope of work considered under both exemptions. Pursuant to CEQA Guidelines Section 15162, no further environmental documentation is necessary in that there have been no substantial changes proposed involving new significant effects or an increase in the severity of previously identified effects; no substantial changes have occurred with respect to the circumstances under which the project is being adopted; and no new information has demonstrated that new significant effects will occur.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Utility Undergrounding is listed as a Tier 1 City Council priority for Fiscal Year 2025-2026.

ATTACHMENTS:

Attachment A – SDG&E Crest Canyon (X1A) Cost Agreement
Attachment B – Crest Canyon (X1A) Map
Attachment C – SDG&E Crest Canyon (X1A) Final Cost Estimate Attachment D – SDG&E Crest Canyon (X1A) Pre-Bid Cost Estimate Attachment E – Crest Canyon (X1A) Project Budget
3 September 22, 2025 Item 9
Submitted to Applicant by: Ilario Romano
SDG&E Job Number(s): 3 -4 3 6 9 5 9 ,
3 -43 7 0 4 1 ,3 - 4 7 4 3 4 7 ,3 -5 9 6 9 8 9 ,
3 - 4 7 4 2 3 3 ,3 - 4 7 4 2 3 4 ,3 -4 7 4 2 3 5 , 3 -5 9 7 0 3 6

AGREEMENT FOR REPLACEMENT OF OVERHEAD

WITH UNDERGROUND FACILITIES
THIS AGREEMENT, made and entered into, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility", and City of Del Mar, hereafter called "Applicant(s)".

WITNESSETH:

WHEREAS, Applicant(s) are the owners, lessees, or others having a legal interest in those certain premises known as 20B CONVERSION – CREST CANYON, located along portions of CREST ROAD, DEL MAR, CA 92014; and
WHEREAS, Applicant's desire that existing overhead facilities be replaced with underground facilities, and in consideration of the desirability and value which said underground facilities will add and contribute to the above premises;
NOW, THEREFORE, it is agreed by and between Utility and Applicants as follows:

1. Subject to the conditions hereinafter provided, Utility, upon obtaining satisfactory easements for any required rights of way, shall remove its existing overhead electric power facilities serving Applicants and shall replace these facilities with underground facilities, in accordance with its Rule 20.B for Replacement of Overhead with Underground Facilities as filed with the California Public Utilities Commission.

2. All work performed by the Utility and Applicants pursuant to this Agreement shall be in conformity with the General Conditions and the Specifications attached hereto and by this reference made a part hereof. Utility shall furnish underground electric service to the premises shown on Specifications and, upon completion of the work specified herein, Utility shall not furnish overhead electric service to any of such premises.

3. This Agreement shall become effective only upon compliance with all of the following conditions:
a) All Applicants shall execute this Agreement and shall perform all of the conditions herein contained.
b) All Applicants shall execute a companion agreement with each company, municipality, or agency that is a joint user with Utility of poles, or maintains other poles, within the area from which Utility's pole will be removed pursuant to Section 1, for providing communication service, traffic signals, police or fire alarm boxes, or street or safety lighting supplied by overhead wiring. Such agreement or agreements will provide for such service to be discontinued or converted and maintained through underground circuits or other appropriate and lawful means, so that all of said poles can be removed from the area within a reasonable time after Utility has removed its poles.
c) Applicants will, at their expense and in conformity with the Contract Documents as defined in the General Conditions, furnish and install the material, and facilities and perform the work indicated below by a check mark. The material facilities and work listed below which are not indicated with a check mark shall be furnished, installed and performed by Utility at Applicants' expense.
4 September 22, 2025 Item 9
☒Excavation, backfill and compaction
☒Conduits
☒Concrete substructures
d) Utility shall notify Applicants, in writing, of final acceptance of the work specified herein.

Applicants hereby grant to Utility all facilities installed by Applicants pursuant to this Agreement, said grant to be effective upon receipt of Utility's written final acceptance. e) Each Applicant shall, at his expense, promptly provide any necessary changes to the existing facilities on his property so as to receive underground electric service at the points specified on the Specifications. The Applicants' work shall be in accord with Utility's Rule on Service Connections filed with the California Public Utilities Commission effective as of the date of this Agreement, and in accord with the Contract Documents. Underground electric service will not be supplied until all affected premises are equipped to receive electric service in accordance with said plan and specifications.

4. Receipt is acknowledged from Applicant(s) of $2,776,128 which is an amount equal to the estimated cost of Utility's conversion work computed in accordance with its Filed Rule on Replacement of Overhead with Underground Facilities. Said amount includes any engineering fee or fees that may have been paid to Utility in contemplation of the work provided for in Section 2. The conversion work will be tracked and billed on an actual cost basis, meaning that all costs will be reconciled at completion of the work and SDG&E will bill or refund to Applicant any differences larger than $100.

5. In the event any additions, rearrangements, or changes to the electric wiring are required or performed on Applicants' several premises, other than the work pursuant to Section 3.e) above, Applicants shall cause said additions, rearrangements, and changes to be made at their expense.

6. All wires, cables, conductors, conduits, ducts, connectors and appurtenances installed by Utility, or its agents, on the premises of Applicants, or elsewhere, and all facilities granted to Utility by Applicants, shall become and remain the property of Utility notwithstanding any payment made under this Agreement. Such facilities will be maintained and operated by Utility in accordance with its Rules for the Sale of Electric Energy on file with the California Public Utilities Commission. a) Utility shall be under no obligation to perform and complete the work undertaken by it pursuant to this Agreement until Applicants' obligations incurred pursuant to Paragraphs

3.b) and 3.e) of this Agreement shall have been fulfilled. b) If the Specifications attached hereto require the installation of new street lighting standards, Utility shall be under no obligation to remove and cease operating its overhead electric facilities nor to furnish underground electric service to any of the premises shown on the Specifications until said street lighting standards have been installed and energized.
c) Utility at its sole election, may undertake to perform the work to be performed by it prior to the occurrence of the conditions specified in section 7. and subsection b) of this Section.

The commencement of any such work by Utility under the provisions of this subsection shall not constitute a waiver of any of the requirements imposed upon any Applicants under section 7. or subsection b) of this Section, or under any other provisions of this Agreement.
d) If any Applicants shall, within one year of the date of this Agreement, fail or refuse to comply with any of the conditions hereof or to perform all work required under the contracts executed pursuant to Paragraph 3.b) of this Agreement, Utility shall have the right to make such changes and to impose such further conditions upon the Applicants as may be necessary to protect its rights under any existing agreement for any increase in its costs of installation, and to provide in any other manner for the accomplishment of the purposes of this Agreement consistent with applicable rules, laws, ordinances and its contractual obligations hereunder.

7. Once Applicant has started to perform the work required by the Contract Documents, Applicants agree to exercise reasonable diligence in pursuing such work to completion within one year after the effective date of the Contract Documents. If such work has not been completed within one year after the effective date of the Contract Documents, Utility shall have the right, upon giving written notice to Applicants, to cancel and terminate the Contract Documents. Utility shall return to Applicants, an amount equal to the above cash advance, minus Utility's costs. Utility's costs are 5 September 22, 2025 Item 9
defined as the actual cost (including but not limited to labor, materials and overhead) incurred by Utility prior to such cancellation and termination in connection with work done in furtherance of Applicant’s project, plus the actual cost of removing any of the Utility installed facilities which Utility desires to salvage, minus the salvage value of such facilities. Upon exercise of this right to cancel and terminate, and upon payment to Applicants, all of Utility's obligations under the Contract Documents shall cease.

8. This Agreement shall at all times be subject to such changes or modifications by the California Public Utility Commission as said Commission may, from time to time, direct in the exercise of its jurisdiction.

9. All terms and situations heretofore made and agreed to by the parties in relation to said electric line replacement are set forth in this Agreement and no representation of any agent or employees shall be binding upon Utility except as expressed herein. Appendix A attached hereto is solely for use by Utility and nothing contained therein shall in any way alter or vary any term, condition or stipulation contained in this Agreement.

10. If Applicant is a corporation, partnership, joint venture or a group of individuals, the subscriber hereto represents that he has the authority to bind said corporation, partners, joint venture or individuals as the case may be. Each Applicant signing this Agreement agrees that he shall be jointly and severally liable under the terms of this Agreement with every other applicant signing theAgreement.

11. All of the terms and conditions of this Agreement shall be binding upon and shall insure to the benefit of the parties hereto, their heirs, administrators, executors, personal representatives, trustees, successors and assigns.

12. The Contract Documents shall become effective only upon the date signed by the authorized representative of Utility.

IN WITNESS WHEREOF, the parties hereto have individually executed, or have caused this Agreement to be executed for and on behalf of each, by and through their responsible agents, partners, or duly authorized corporate officers, as the case may be.

APPLICANT: SAN DIEGO GAS & ELECTRIC COMPANY,
a corporation
By:

By
Name:

Title:

Date Executed:

Date:

Address:
3 6 September 22, 2025 Item 9
Utility Undergrounding District (UUD X1A) - Crest Canyon 06/15/2021
P62475 Exempt
from Removal
(to be removed
as part of
SDG&E project)
0 2100 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 0
0 0
0 0
0 0
0 0
0 0
690 567 624 535
608
550 548 540532
1561
1429 1465 1569
655 1492
1440 1507 641625 617 544 1810 545 625
650
1567
1449 1604
1420 1450 1522 1601
1490 1330 1361 1435 1439
1535
1505
1515
1441
1440 1305 1346 1370 1445
1406 1373 1557
1555
1525
652
131613451335 14261420 1340 13461352
1233 1250 1230 1232 1210 1402
1200 1260
1180 1174
1234 1236 1238 1223
1209
1203
1145
785 1130 1135
1230
1122
1110
1042 1036 1022 1016 999 945 905
912786 766
787 860 767 834 0 628
615 627 645
755 757
728
801 743 733 725 715 701 San Dieguito Dr.

Oribia Rd.

Serpentine
Avenida Primavera
Avenida
15th St.

Crest Rd.

Crest
Way
Amphitheatre Dr. Klish Way
Serpentine
660 526 655 0
0 616
11351/2
9051/2
Via Alta Crest Way Hoska Ln.

Hoska Dr.

Crest Rd.

Crest Rd.

Kalamath Dr. Crest Rd.

ZuniDr.

Primavera Dr. Dr.

San Dieguito Dr.

San DieguitoDr. Racetrack View Dr. Oribia Rd.

LEGEND Description
District Limits
Trench Work Beyond District Limits www.delmar.ca.us/up
7 September 22, 2025 Item 9
September 5, 2025
Martin Boyd
City of Del Mar
1050 Camino Del Mar
Del Mar, CA 92014
RE: City of Del Mar | Rule 20B | District X1A – Crest Canyon | Final Cost Estimate Thank you for your continued partnership with San Diego Gas & Electric (SDG&E) to underground our overhead electric power lines to help improve community aesthetics and meet our commitment to provide clean, safe and reliable energy to our customers. This responds to your request for a final cost estimate for the City of Del Mar’s Crest Canyon (District X1A) Rule 20 project.

Crest Canyon (District X1A) is a Rule 20B project and will utilize an Actual Cost Billing Contract, whereby in advance of construction SDG&E will collect from the City an amount equal to the estimated cost of the conversion work computed in accordance with its Filed Rule on “Replacement of Overhead with Underground Facilities”, including engineering fees. The conversion work will be tracked and billed on an actual cost basis, meaning that all costs will be reconciled at completion of the work and SDG&E will bill or refund to the City any differences larger than $100.00.

Please note, SDG&E is providing the following cost estimates for reference purposes only and makes no representations, warranties or promises regarding the accuracy, timeliness, quality or completeness of the estimates. Estimates are based on known, current information and existing circumstances. SDG&E will not be liable for any damages, causes of action or losses arising or claimed to arise out of the use of these estimates.
8 September 22, 2025 Item 9
District X1A | Crest Canyon | Final Cost Estimate
Description. Final Estimate Contingency
(10%) Total
Cable & Connections $ 1,943,335 $ 194,334 $ 2,137,669
Cable Pole installation $ 626,316 $ 62,632 $ 688,948
Service Cutovers $ 273,989 $ 27,399 $ 301,388
Overhead Removals (Non-Billable) $ 773,135 $ 77,313 $ 850,448 Subtotal Electric Scope $ 3,616,775 $ 361,678 $ 3,978,453 Less Overhead Equivalent (Credit) $ 319,888 $ 31,989 $ 351,877 Less Overhead Removals (Credit) $ 773,135 $ 77,313 $ 850,448 BILLABLE TOTAL $ 2,523,752 $ 252,376 $ 2,776,128
Please contact Ilario Romano or me with any questions or concerns.

Sincerely,
Kelli Fitzgerald
Franchise Planning & Project Management
Manager
M 858.239.5764
cc:

Joe Gabaldon – SDG&E | Regional Public Affairs | Senior Public Affairs Manger Kate Loredo, PMP – SDG&E | Design & Proj Mgmt | Franchise Project Manager Ilario Romano, PMP – SDG&E | Design & Proj Mgmt | Franchise Project Manager 9 September 22, 2025 Item 9
May 5, 2025
Martin Boyd
City of Del Mar
1050 Camino Del Mar
Del Mar, CA 92014
RE: City of Del Mar | Rule 20B | District X1A – Crest Canyon | Revised Preliminary Cost Estimate
Thank you for your continued partnership with San Diego Gas & Electric (SDG&E) to underground our overhead electric power lines to help improve community aesthetics and meet our commitment to provide clean, safe and reliable energy to our customers. This responds to your request for a revised preliminary cost estimate for the City of Del Mar’s Crest Canyon (District X1A) Rule 20 project, following the final pre-construction estimate for the Stratford Ct. South (District 1A) coming in lower than initially projected.

Crest Canyon (District X1A) is a Rule 20B project and will utilize an Actual Cost Billing Contract, whereby in advance of construction SDG&E will collect from the City an amount equal to the estimated cost of the conversion work computed in accordance with its Filed Rule on “Replacement of Overhead with Underground Facilities”, including engineering fees. The conversion work will be tracked and billed on an actual cost basis, meaning that all costs will be reconciled at completion of the work and SDG&E will bill or refund to the City any differences larger than $100.00.

Please note, SDG&E is providing the following cost estimates for reference purposes only and makes no representations, warranties or promises regarding the accuracy, timeliness, quality or completeness of the estimates. Estimates are based on known, current information and existing circumstances. SDG&E will not be liable for any damages, causes of action or losses arising or claimed to arise out of the use of these estimates.
10 September 22, 2025 Item 9
District X1A | Crest Canyon | Preliminary Cost Estimate Description.

Preliminary
Estimate
Contingency
(30%) Total
Cable & Connections $ 2,529,509 $ 758,853 $ 3,288,362
Cable Pole installation $ 278,778 $ 83,633 $ 362,411
Service Cutovers $ 336,285 $ 100,885 $ 437,170
Overhead Removals (Non-Billable) $ 1,112,655 $ 333,796 $ 1,446,451 Subtotal Electric Scope $ 4,257,226 $ 1,277,168 $ 5,534,394 Less Overhead Equivalent (Credit) $ 319,888 $ 95,966 $ 415,854 Less Overhead Removals (Credit) $ 1,112,655 $ 333,796 $ 1,446,451 BILLABLE TOTAL $ 2,824,684 $ 847,405 $ 3,672,089
Please contact Ilario Romano or me with any questions or concerns.

Sincerely,
Kelli Fitzgerald
Franchise Planning & Project Management
Manager
M 858.239.5764
cc:

Joe Gabaldon – SDG&E | Regional Public Affairs | Senior Public Affairs Manger Kate Loredo, PMP – SDG&E | Design & Proj Mgmt | Franchise Project Manager Ilario Romano, PMP – SDG&E | Design & Proj Mgmt | Franchise Project Manager 11 September 22, 2025 Item 9
UUD X1A Estimated Total Project Costs (02-7000-7203)
Does not include costs for internal staff time or necessary City personnel for project management Work Categories
District
Formation
Budget
7-12-21
Budget as of
10-16-23
UP Update
Budget
11-18-24
Pre-Bid
Budget
6-2-25
Contract
Award Budget
9-8-25
Pre-Construction Phase - Professional Services
Utility Specialists - Pre-Construction Services (Includes US, KCM, Fuscoe) $663,985 $731,085 $893,692 $910,652 $910,652

1. City and Agency Coordination $27,820 $45,440 $56,600 $56,600 $56,600

2. District X1A Design $542,015 $591,495 $717,416 $722,591 $722,591

3. Resident Interface and Project Status Tracking $56,160 $56,160 $81,686 $87,656 $87,656

4. Public Bidding Support $37,990 $37,990 $37,990 $43,805 $43,805 City Arborist Review $5,000 $5,000 $3,525 $3,525 $3,525 Environmental Review $18,500 $52,588 $52,588 $52,588 $52,588 Additional Pre-Construction Services $7,000 $7,000 $5,000 $5,000 $5,000 Subtotal for Pre-Construction Professional Services $694,485 $795,673 $954,805 $971,765 $971,765 Utility Companies - Estimates for City Paid Design and Construction Costs SDG&E
7-12-21 and 10-16-23 estimated by Staff based on UUD Tewa per LF of overhead and then trench. 11-18-24 estimated by Staff based on UUD 1A per LF of trench. 6-2-25 & 9-8-25 estimate provided by SDG&E.
$1,324,736 $1,378,650 $5,543,229 $3,672,089 $2,776,128
AT&T
7-12-21 estimated by Staff based on UUD Tewa. 10-16-23 to current updated based on UUD X1A specific including contingency.
$993,552 $223,560 $238,788 $238,788 $238,788
Spectrum/Charter $408,793 $0 $0 $0 $0
Crown Castle $0 $0 $0 $0 $0
Subtotal for Utility Company Costs $2,727,081 $1,602,210 $5,782,017 $3,910,877 $3,014,916 Construction Phase
City's General Contractor (Actual amount will be determined via City bid process). 7-12-21 estimate based on $120/LF of overhead. 10-16-23 estimate based on UUD Tewa $344.40/LF of trench. 11-18-24 & 4-21-25 estimate based on engineer's estimate using UUD 1A bids. 9-8-25 based on actual bids.
$1,344,000 $4,946,639 $8,836,700 $8,937,074 $7,128,770
Construction Management and Support (18-month construction) 7-12-21 for as needed for duration of construction. 10-16-23 to current for full-time for City construction and as-needed for remainder . $240,680 $624,860 $624,860 $687,346 $663,280
Additional Construction Management Services
For any additional professional services during construction (geotechnical / environmental) $60,170 $80,140 $122,594 $255,853 $243,033 Subtotal for Construction Phase $1,644,850 $5,651,639 $9,584,154 $9,880,273 $8,035,083 Project Contingency
10% of Construction Phase Costs at City Contract Award $0 $0 $1,466,982 $988,027 $712,877 Measure Q Credits to CIP Projects
San Dieguito Drive Improvements Project $22,000
Crest Canyon Asphalt Improvements Project $23,200
Subtotal for Construction Phase $0 $0 $0 $0 $45,200
Total Project Estimate for UUD X1A $5,066,416 $8,049,522 $17,787,957 $15,750,942 $12,779,841 12 September 22, 2025 Item 9
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Marco Camacho, Finance Manager/Treasurer
Martin Boyd, Principal Engineer
Via Ashley Jones, City Manager
DATE: September 22, 2025
SUBJECT: Undergrounding Program Financing Update and Determination of Final IBank Loan Amount
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council receive an update from City staff regarding Undergrounding Program Financing and Projects; and provide direction on the final IBank loan amount for Crest Canyon (UUD X1A) and Stratford Court North (UUD 1B).

BACKGROUND:

On February 3, 2025, the Council directed staff to pursue debt financing through the California Infrastructure and Economic Development Bank (IBank) and report back with additional information about the loan process. Staff reported back to the Council with the requested IBank information and results of the updated cashflow analysis on March 3, 2025. At that meeting the Council passed a motion to direct staff to submit a preapplication to IBank for a $17 million loan over a 10-year borrowing term and directed staff to bring back the IBank required Borrower’s Resolution for Council consideration.

On June 2, 2025, the Council received updated Measure Q cash flow information from staff and City financial consultant NHA Advisors. The objective of the updated analysis was consistent with the Council’s overall goal of keeping completion of Crest Canyon (X1A) and Stratford Court North (1B) on schedule for construction completion in 2027, and borrowing the least amount possible. The Council identified a maximum loan amount of $11 million to be considered by IBank, and approved the Borrower’s Resolution required by IBank for undergrounding financing. On July 23, 2025, the IBank Board of Directors (Board) approved the City’s loan application for an amount up to $11 million with a 10-year term and an interest rate of 3.18%.

On September 8, 2025, the Council awarded a construction contract to TC Construction Company, Inc. for the Crest Canyon (X1A) project, and approved several related task orders for construction support services and project contingency. The Council was informed of an overall reduction in project costs due to City construction bid results coming in less than originally anticipated.
1 September 22, 2025 Item 10
City Council Agenda Report
Undergrounding Program Financing – Loan Amount
September 22, 2025

As a separate item on the City Council agenda for September 22, 2025, Council will consider the SDGE Cost Agreement for Crest Canyon. The updated cashflow analysis takes into account all the latest project cost estimates.

DISCUSSION/ANALYSIS:

Since the last Undergrounding Program Financing update to the Council on June 2, 2025, project cost estimates for Crest Canyon (X1A) and Stratford Court North (1B) have decreased by a combined $3.47 million including inflation. These favorable cost reductions factor prominently in the updated cashflow model and final loan consideration as discussed later in this report. Below are updates for each active Undergrounding District. A map of the planned citywide Utility Undergrounding Districts (UUDs) is included with this report as Attachment A for reference.

Stratford Court South (1A)
The City’s construction activities for Stratford Court South (1A) were substantially completed in April 2025. Teichert Utilities remain in the district to address minor items and assist utility companies as needed. Final paving will occur following completion of utility service cutovers. Note, additional full-width pavement improvements are scheduled as part of the Stratford Court South Pavement Improvements project in Fiscal Year 2027.

Property owners mostly completed installation of service lateral conduits by May 2025.

Telecommunications companies are actively working in all work zones. Specifically, Spectrum/Charter is nearing completion, AT&T anticipates finishing by November, and Crown Castle anticipates finishing by October. SDG&E began construction in June, with completion of cable and connection in June, and cutovers anticipated by September, followed by overhead removals. Completion of SDG&E cutovers is pending one property.

Pole removals are the last item estimated by end of 2025, pending all utilities completing work.

The total project cost for Stratford Court South (1A) is estimated to be $8.06 million based on the project budget set at the start of construction (Attachment B). This includes the construction contract with Teichert Utilities for $4.6 million, approved related task orders for construction support services totaling $243,382, SDG&E cost agreement for $159,2881, and authorized $511,531 in project contingency. Thus far, approximately 30% of the contingency has been used, with some remaining change orders expected. The final change order amount will be determined upon completion of construction, after all additive and deductive change orders have been accounted for.

Crest Canyon (X1A)
The Crest Canyon project construction will begin after the City’s construction contract is executed, a Notice to Proceed is issued, and SDG&E has assigned an inspector. The project duration for City construction is estimated at 12 months from October 2025 to October 2026. Following the City contractor’s phased work, the homeowners will be required to install their portion of the service laterals and upgrade electrical panels, as 2 September 22, 2025 Item 10
City Council Agenda Report
Undergrounding Program Financing – Loan Amount
September 22, 2025

necessary, including obtaining SDG&E and City inspector approvals. Extensive coordination has already occurred with residents, and they will have approximately two months to complete their work to connect to the point of connection established by the City’s contractor.

Cable and connections, services cutovers, cable poles, and overhead removals by the utility companies will be completed after all homeowners have completed their lateral installations. Overall, the homeowner installations and utility agency work are expected to take approximately six to eight months following completion of the City contractor’s work with completion expected in March to May 2027. However, the utility companies will confirm their schedules.

The total project cost for Crest Canyon is now estimated to be $12.78 million based on the City construction and SDG&E bids. Attachment C includes a budget summary reflecting the estimated project costs from initial district formation to the current estimate for comparison. The prior total project cost estimate on June 2, 2025, was $15.75 million.

Hence, the total project cost has decreased by $2.97 million since the pre-bid cost estimates from June 2025.

The cost per linear foot of overhead conversion is now estimated at $1,021, and the cost per linear foot of joint trench is estimated at $652. This includes the cost of required professional services during the design phase in preparation for the bid process, cost for construction, costs paid to the utility companies for their engineering fees and construction work, and the cost for third party construction management and support services during construction. For comparison, the Tewa Ct/10th St and Stratford Court South (1A) costs per linear foot of joint trench were $864 and $753, respectively, when adjusted for inflation based on the CCCI.

There is a separate item to consider the SDG&E cost agreement for Crest Canyon on the City Council agenda for September 22, 2025, which also covers project budget updates specific to Crest Canyon.

Stratford Court North (1B)
The 60% SDG&E design for Stratford Court North (1B) has undergone formal design review by staff and the consultant team and is nearing completion pending a couple challenging design issues. Staff and the consultant team are also working on environmental review, extensive homeowner outreach, obtaining permit-to-enter forms, and the City civil and telecommunications design. Completion of upcoming preconstruction and bidding activities following the formal design review will cumulatively take approximately 10-15 months. Construction is currently anticipated in Fiscal Year 2027, contingent upon the City receiving the necessary easements and permit-to-enter forms from property owners. The City’s construction duration is estimated at 6 months, with the full project timeline to pole removals estimated at 11 months. 3 September 22, 2025 Item 10
City Council Agenda Report
Undergrounding Program Financing – Loan Amount
September 22, 2025

Using bid data from the Stratford Court South (1A) and Crest Canyon (X1A) projects, unit costs were updated in the preliminary cost estimate for Stratford Court North (1B), based on the preliminary 60% design quantities. The updated City construction cost, including contingency and inflation, is now estimated at $3.43 million in fiscal year 2027 dollars.

Additionally, SDG&E provided the preliminary cost estimate on September 2, 2025, of $707,070 (Attachment D) which is a less than staff’s prior estimate of $852,858 included in the June 2025 cash flow analysis.

The total project cost for Stratford Court North (1B) is now estimated to be $4.77 million in fiscal year 2027 dollars based on the latest cost estimates. Attachment E includes a budget summary reflecting the estimated project costs from initial district formation to the current estimate for comparison. The cost per linear foot of overhead conversion is estimated at $1,248 including inflation. Please note that the final engineer’s estimate, including quantities for City construction, will be provided to Council once the plans are finalized.

Updated Cashflow Analysis
The cashflow model has been updated based on current cost information with a continued focus on financing Crest Canyon (X1A) and Stratford Court North (1B) and was evaluated to ensure the annual Measure Q fund balance remained positive at each year-end, and equal to or greater than the anticipated debt-service payment.

The updated cashflow model accounts for the latest project cost estimates, current Measure Q revenue balance, and the borrowing rate of 3.18% approved by the IBank Board. Additionally, consistent with the adopted Fiscal Year 2025-26 Operating and Capital Budget, the cashflow analysis also accounts for funding completion of the Shores Park Master Plan with Measure Q funds. As directed by the City Council, the only source of funding included in the cashflow model is Measure Q funds.

Based on the updated cashflow model (Attachment F), it was determined that the City would need to borrow $5.0 million in order to complete Crest Canyon (X1A) and Stratford Court North (1B) on schedule and in accordance with Council direction. This loan amount offers the lowest financing costs of $0.9 million, and is consistent with the Council’s clear direction on March 3, 2025, to borrow the least amount possible for the shortest period of time. Staff analyzed potential loan amounts increasing by increments of $1.0 million from $5.0 million to $11.0 million, and there was no clear benefit in borrowing an amount more than $5.0 million. The construction schedule for X1A, 1B, and looking forward to upcoming District 2 (improved by a minimum of 1 year), remained the same for all loan amounts from $5.0 million to $11.0 million.

In addition to confirming a $5.0 million borrowing yielded a positive ending annual balance, and an annual balance equal to or greater than the debt service payments, additional testing was conducted. The assumed Measure Q revenue growth rate was first reduced from 2.5% to 2.0%, and the cost inflation factor was increased from 3.5% to 4 September 22, 2025 Item 10
City Council Agenda Report
Undergrounding Program Financing – Loan Amount
September 22, 2025

4.0%. In this testing, the $5.0 million borrowing passed while still achieving the Council’s goals.

The summary results of the analysis presented herein are based on the updated cashflow model utilized throughout this process. Models are designed to make assumptions about future conditions, but it is important to remember that those assumptions can be affected by external factors such as economic downturns and changes in consumer behavior.

IBank Financing Update
On July 23, 2025, the IBank Board approved the City’s formal application which included the Borrower’s Resolution for a loan up to $11 million. Board approval initiated the loan closing process. As a reminder, the all-in interest rate of 3.18% is locked for 90 days from the date of Board approval. Since late July staff have been working with IBank on the closing documents pending final determination of the loan amount. With Council’s direction on the final loan amount staff will provide that to the IBank loan officer to begin preparation of the amortization schedule while continuing to finalize loan documents for recordation. Council’s action today will also help ensure the loan closing is completed within the 90-day rate lock period.

Existing City Debt
The City has two current loan obligations with IBank which are in good standing. The first debt was issued in 2015 for $3.5 million and matures in 2044. This loan has an outstanding balance of $2.1 million, and the repayment source is the Wastewater Fund, so there is no General Fund impact related to this financing. The second IBank obligation is backed by the General Fund and was issued in 2016 for $16.2 million to finance the new Civic Center. The current balance on that issuance is $13.1 million, and the loan matures in 2045.

Undergrounding Program Advisory Committee (UPAC) Feedback On September 11, 2025, UPAC met and received a high-level overview from staff of the updated financial analysis and update to the cashflow model (which was still in-process), and unanimously passed a motion in support of completing undergrounding as soon as possible and borrowing an amount sufficient to fund the Crest Canyon (X1A) and Stratford Court North (1) Undergrounding Districts.

Next Steps
Following City Council approval, staff will submit the final loan amount to IBank and work to complete the loan closing by mid-October. Staff will return to Council in spring 2026 to provide a comprehensive update on the Undergrounding Program, including an updated long-term cashflow through completion of the Program and next steps for the 25th Street and Beach Colony (2) Districts.
5 September 22, 2025 Item 10
City Council Agenda Report
Undergrounding Program Financing – Loan Amount
September 22, 2025

FISCAL IMPACT:

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

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:

Utility Undergrounding is listed as a Tier 1 City Council priority for FY 2025-2026.

ATTACHMENTS:

Attachment A – UP Citywide Map
Attachment B – Stratford Court South (1A) Project Budget Attachment C – Crest Canyon (X1A) Project Budget
Attachment D – Stratford Court North (1B) SDG&E Preliminary Cost Estimate Attachment E – Stratford Court North (1B) Project Budget Attachment F – Revised Cashflow Model
6 September 22, 2025 Item 10

ATTACHMENT E
7 September 22, 2025 Item 10
UUD 1A Estimated Total Project Costs (02-7000-7202)
Does not include costs for internal staff time or necessary City personnel for project management Work Categories
District
Formation
Budget
7-12-21
Budget as of
10-16-23
Pre-Bid
Budget
12-4-23
City Contract
Award Budget
7-8-24
SDG&E Cost
Agreement
Budget
4-5-25
Pre-Construction Phase - Professional Services
Utility Specialists - Pre-Construction Services (Includes US, KCM, Fuscoe) $543,900 $576,700 $647,878 $657,856 $657,856

1. City and Agency Coordination $27,100 $43,370 $43,370 $45,515 $45,515

2. District 1A Design $423,010 $439,540 $505,352 $505,712 $505,712

3. Resident Interface and Project Status Tracking $56,160 $56,160 $68,926 $76,399 $76,399

4. Public Bidding Support $37,630 $37,630 $30,230 $30,230 $30,230 City Arborist Review $5,000 $5,000 $3,525 $3,525 $3,525 Additional Pre-Construction Services $7,000 $7,000 $5,000 $4,000 $4,000 Subtotal for Pre-Construction Professional Services $555,900 $588,700 $656,403 $665,381 $665,381 Utility Companies - Estimates for City Paid Design and Construction Costs SDG&E
7-12-21 estimated by Staff based on UUD Tewa per LF of overhead. 10-16-23 & 12-4-23 estimated by Staff based on UUD Tewa per LF of trench. 7-8-24 & 4-5-25 estimates provided by SDG&E. $904,842 $959,175 $1,004,850 $3,585,756 $1,615,721
AT&T
7-12-21 estimated by Staff based on UUD Tewa. 10-16-23 to current updated based on UUD 1A specific including 10%-15% contingency.
$678,632 $180,000 $163,944 $156,816 $156,816
Spectrum/Charter $284,297 $0 $0 $0 $0
Crown Castle $0 $0 $0 $0 $0
Subtotal for Utility Company Costs $1,867,771 $1,139,175 $1,168,794 $3,742,572 $1,772,537 Construction Phase
City's General Contractor (Actual amount will be determined via City bid process). 7-12-21 estimate based on $120/LF of overhead. 10-16-23 estimate based on UUD Tewa $344.40/LF of trench. 12-4-23 estimate based on engineer's estimate. 7-8-24 based on actual bid minus additional city construction. $918,000 $3,146,108 $3,049,746 $4,628,550 $4,628,550
Utility Specialists Construction Management and Support (12-month construction) 7-12-21 for as needed for duration of construction. 10-16-23 to current for full-time for City construction and as-needed for remainder .
$169,820 $423,740 $423,740 $415,250 $415,250
Storm Water Compliance Services
7-12-21 included as part of above line item. 10-16-23 to 7-8-24 removed as to be done by contractor. $22,080 $22,080 $0 $0 NOVA Geotechnical Services
7-8-24 task order from NOVA $42,455 $33,964 $84,748 $71,513 $71,513 Subtotal for Construction Phase $1,130,275 $3,625,892 $3,580,314 $5,115,313 $5,115,313 Contingency for Construction Phase
10% of Construction Phase Costs $0 $0 $0 $511,531 $511,531 Total Project Estimate for UUD 1A $3,553,946 $5,353,767 $5,405,511 $10,034,797 $8,064,762 Additional City Construction (General Fund)
City's General Contractor for Penny Lane Improvements $70,695 $70,695 City's General Contractor for 931 Stratford Court Curb $7,150 $7,150 Contingency for Construction Phase
10% of Construction Phase Costs $7,785 $7,785
Total Project Estimate for Additional City Construction $85,630 $85,630 $519,316 $519,316
$10,120,427 $8,150,392

COMBINED CONTINGENCY

COMBINED ESTIMATED TOTAL
8 September 22, 2025 Item 10
UUD X1A Estimated Total Project Costs (02-7000-7203)
Does not include costs for internal staff time or necessary City personnel for project management Work Categories
District
Formation
Budget
7-12-21
Budget as of
10-16-23
UP Update
Budget
11-18-24
Pre-Bid
Budget
6-2-25
Contract
Award Budget
9-8-25
Pre-Construction Phase - Professional Services
Utility Specialists - Pre-Construction Services (Includes US, KCM, Fuscoe) $663,985 $731,085 $893,692 $910,652 $910,652

1. City and Agency Coordination $27,820 $45,440 $56,600 $56,600 $56,600

2. District X1A Design $542,015 $591,495 $717,416 $722,591 $722,591

3. Resident Interface and Project Status Tracking $56,160 $56,160 $81,686 $87,656 $87,656

4. Public Bidding Support $37,990 $37,990 $37,990 $43,805 $43,805 City Arborist Review $5,000 $5,000 $3,525 $3,525 $3,525 Environmental Review $18,500 $52,588 $52,588 $52,588 $52,588 Additional Pre-Construction Services $7,000 $7,000 $5,000 $5,000 $5,000 Subtotal for Pre-Construction Professional Services $694,485 $795,673 $954,805 $971,765 $971,765 Utility Companies - Estimates for City Paid Design and Construction Costs SDG&E
7-12-21 and 10-16-23 estimated by Staff based on UUD Tewa per LF of overhead and then trench. 11-18-24 estimated by Staff based on UUD 1A per LF of trench. 6-2-25 & 9-8-25 estimate provided by SDG&E.
$1,324,736 $1,378,650 $5,543,229 $3,672,089 $2,776,128
AT&T
7-12-21 estimated by Staff based on UUD Tewa. 10-16-23 to current updated based on UUD X1A specific including contingency.
$993,552 $223,560 $238,788 $238,788 $238,788
Spectrum/Charter $408,793 $0 $0 $0 $0
Crown Castle $0 $0 $0 $0 $0
Subtotal for Utility Company Costs $2,727,081 $1,602,210 $5,782,017 $3,910,877 $3,014,916 Construction Phase
City's General Contractor (Actual amount will be determined via City bid process). 7-12-21 estimate based on $120/LF of overhead. 10-16-23 estimate based on UUD Tewa $344.40/LF of trench. 11-18-24 & 4-21-25 estimate based on engineer's estimate using UUD 1A bids. 9-8-25 based on actual bids.
$1,344,000 $4,946,639 $8,836,700 $8,937,074 $7,128,770
Construction Management and Support (18-month construction) 7-12-21 for as needed for duration of construction. 10-16-23 to current for full-time for City construction and as-needed for remainder . $240,680 $624,860 $624,860 $687,346 $663,280
Additional Construction Management Services
For any additional professional services during construction (geotechnical / environmental) $60,170 $80,140 $122,594 $255,853 $243,033 Subtotal for Construction Phase $1,644,850 $5,651,639 $9,584,154 $9,880,273 $8,035,083 Project Contingency
10% of Construction Phase Costs at City Contract Award $0 $0 $1,466,982 $988,027 $712,877 Measure Q Credits to CIP Projects
San Dieguito Drive Improvements Project $22,000
Crest Canyon Asphalt Improvements Project $23,200
Subtotal for Construction Phase $0 $0 $0 $0 $45,200
Total Project Estimate for UUD X1A $5,066,416 $8,049,522 $17,787,957 $15,750,942 $12,779,841 9 September 22, 2025 Item 10

September 2, 2025
Martin Boyd
City of Del Mar
1050 Camino Del Mar
Del Mar, CA 92014
RE: City of Del Mar | Rule 20B | District 1B – Stratford Ct. North | Preliminary Cost Estimate Thank you for your continued partnership with San Diego Gas & Electric (SDG&E) to underground our overhead electric power lines to help improve community aesthetics and meet our commitment to provide clean, safe and reliable energy to our customers. This responds to your request for a preliminary cost estimate for the City of Del Mar’s Stratford Ct. North (District 1B) Rule 20 project.

Stratford Ct. North (District 1B) is a Rule 20B project and will utilize an Actual Cost Billing Contract, whereby in advance of construction SDG&E will collect from the City an amount equal to the estimated cost of the conversion work computed in accordance with its Filed Rule on “Replacement of Overhead with Underground Facilities”, including engineering fees. The conversion work will be tracked and billed on an actual cost basis, meaning that all costs will be reconciled at completion of the work and SDG&E will bill or refund to the City any differences larger than $100.00.

Please note, SDG&E is providing the following cost estimate for reference purposes only and makes no representations, warranties or promises regarding the accuracy, timeliness, quality or completeness of the estimate. Estimates are based on known, current information and existing circumstances. SDG&E will not be liable for any damages, causes of action or losses arising or claimed to arise out of the use of these estimates.
10 September 22, 2025 Item 10

District 1B | Stratford Ct. North | Preliminary Cost Estimate Description Preliminary
Estimate
Contingency
(30%) Total
Cable & Connections $ 519,169 $ 155,751 $ 674,920
Cable Pole Installation $ - $ - $ -
Service Cutovers $ 103,531 $ 31,059 $ 134,590
Overhead Removals (Non-Billable) $ 628,111 $ 188,433 $ 816,544 Subtotal Electric Scope $ 1,250,811 $ 375,243 $ 1,626,054 Less Overhead Equivalent (Credit) $ 78,800 $ 23,640 $ 102,440 Less Overhead Removals (Credit) $ 628,111 $ 188,433 $ 816,544 BILLABLE TOTAL $ 543,900 $ 163,170 $ 707,070
Please contact Ilario Romano or me with any questions or concerns.

Sincerely,
Kelli Fitzgerald
Franchise Planning & Proj Mgt Manager
M 858.239.5764
cc:

Joe Gabaldon – SDG&E | Regional Public Affairs | Senior Public Affairs Manger Kate Loredo, PMP – SDG&E | Design & Proj Mgmt | Franchise Project Manager Ilario Romano, PMP – SDG&E | Design & Proj Mgmt | Franchise Project Manager 11 September 22, 2025 Item 10
UUD 1B Estimated Total Project Costs (02-7000-7204)
Does not include costs for internal staff time or necessary City personnel for project management Work Categories
District
Formation
Budget
10-16-23
UP Update
Budget
11-18-24
Budget as of
9-22-25
Pre-Construction Phase - Professional Services
Utility Specialists - District Pre-Formation Services (Includes US and KCM) $74,375 $47,847 $47,847 Utility Specialists - Pre-Construction Services (Includes US, KCM, Fuscoe) $439,747 $439,747 $439,747 Additional Pre-Construction Services $5,000 $50,000 $50,000 Subtotal for Pre-Construction Professional Services $519,122 $537,594 $537,594 Utility Companies - Estimates for City Paid Design and Construction Costs SDG&E
SDG&E provided a preliminary estimate as of 9/22/25 $563,056 $1,828,736 $707,070 AT&T $80,074 $79,976 $97,825
Spectrum/Charter $0 $0 $0
Crown Castle $0 $0 $0
Subtotal for Utility Company Costs $643,130 $1,908,712 $804,895 Construction Phase
City's General Contractor (Actual amount will be determined via City bid process). 10-16-23 estimate based on UUD Tewa $344.40/LF of Trench, 11-18-24 estimate based on UP Financial Analysis, and 9-22-25 based on preliminary design estimate $1,767,124 $2,360,561 $2,573,181
Construction Management and Support (10-month construction) Full-time for City construction and as-needed for remainder $305,460 $248,249 $276,889 Additional Construction Management Services
For any additional professional services during construction (eg geotechnical) $91,092 $49,650 $55,378 Subtotal for Construction Phase $2,163,676 $2,658,459 $2,905,448 Project Contingency
10% of Construction Phase Costs at City Contract Award $0 $472,112 $385,977 Inflation $305,150 $358,923 $139,944
Combined Estimated Total $3,631,078 $5,935,800 $4,773,858 12 September 22, 2025 Item 10
City of Del Mar
Undergrounding Projects Funding Analysis: Financing
$5 Million, 10-Year Amortization
Undergrounding Project Expenditures (Adjusted for Inflation) Fiscal
Year
Beginning
Measure Q
Reserves
Measure Q
Revenue Paving Shores Other 1A X1A 1B 25th 2 3
Total Project
Expenditures
Plus: Financing
Proceeds
Less: Debt
Service
Payments
Net Change in
Cash
Reserve Interest
Earnings
Ending Measure
Q Reserves
Balance
Negative?
Balance => 1 Yr
Annual DS Pmt
2024 7,769,899 3,780,939 (75,000) 0 193,231 236,018 470,474 142,174 0 51,911 5,516 1,099,324 0 0 2,606,615 0 10,376,514 No Yes 2025 10,376,514 3,534,727 0 0 106,306 6,220,837 104,587 178,358 0 2,539 1,054 6,613,681 0 0 (3,078,954) 101,879 7,399,439 No Yes 2026 7,399,439 3,623,095 (136,500) (200,000) 604,957 1,046,105 9,330,796 313,425 100,000 0 0 11,395,283 5,000,000 55,650 (3,164,338) 116,345 4,351,446 No Yes 2027 4,351,446 3,713,673 (47,500) 0 255,200 0 2,219,172 4,138,344 0 0 0 6,612,716 0 605,452 (3,551,995) 51,509 850,960 No Yes 2028 850,960 3,806,514 (75,000) 0 0 0 0 0 0 0 0 0 0 581,751 3,149,763 48,517 4,049,240 No Yes 2029 4,049,240 3,901,677 (75,000) 0 0 0 0 0 0 0 0 0 0 581,527 3,245,150 113,436 7,407,826 No Yes 2030 7,407,826 3,999,219 (75,000) 0 0 0 0 0 0 0 0 0 0 581,295 3,342,924 181,586 10,932,336 No Yes 2031 10,932,336 4,099,200 (75,000) 0 0 0 0 0 0 0 0 0 0 581,056 3,443,144 253,078 14,628,558 No Yes 2032 14,628,558 4,201,680 (75,000) 0 0 0 0 0 0 0 0 0 0 580,809 3,545,870 328,030 18,502,458 No Yes 2033 18,502,458 4,306,722 (75,000) 0 0 0 0 0 0 0 0 0 0 580,555 3,651,167 406,561 22,560,186 No Yes 2034 22,560,186 4,414,390 (75,000) 0 0 0 0 0 0 0 0 0 0 580,292 3,759,098 488,795 26,808,078 No Yes 2035 26,808,078 4,524,749 (75,000) 0 0 0 0 0 0 0 0 0 0 580,021 3,869,728 574,859 31,252,666 No Yes 2036 31,252,666 4,637,868 (75,000) 0 0 0 0 0 0 0 0 0 0 579,741 3,983,127 664,885 35,900,677 No Yes 2037 35,900,677 4,753,815 (75,000) 0 0 0 0 0 0 0 0 0 0 0 4,678,815 764,802 41,344,293 No Yes Notes/Assumptions:

Revised beginning balance
Revenues revised for FY 2025; 2.50% growth thereafter
Project costs adjusted based on timing of expenditures
No design and construction costs included for UUD's 2 and 3.

Assumes project base cost in 2025$ with inflation of 3.50% annually Assumes $5 million borrowing
Debt Service Assumptions:

Assumes Ibank loan closes October 2025, with principal payments occurring annually in August and interest payments occurring each August 1 and February 1. Analysis assumes first interest payment February 1, 2026 (FY 2026) and first principal payment August 1, 2026 (FY 2027).

For 10-year maturity, assumes final payment August 1, 2035 (FY 2036) 10-year DS repayment at 3.18% as approved by IBank Board on July 23, 2025, inclusive of 0.15% annual servicing fee Reserve earnings assumed at 2% based on average of beginning balance and ending balance net of earnings 13 September 22, 2025 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Ashley Jones, City Manager
DATE: September 22, 2025
SUBJECT: Fire Management Update and Consideration of Notice Regarding Exit from Cooperative Agreement for Fire Management Services REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council authorize the City Manager to provide notice to the cities of Encinitas and Solana Beach that the City of Del Mar may exit the Cooperative Agreement for Fire Management Services between January 1 and March 31, 2026, or a date thereafter as may be agreed upon by the parties (Attachment A).

BACKGROUND:

In 2009, the cities of Encinitas, Del Mar, and Solana Beach, along with the Rancho Santa Fe Fire Protection District (RSFFPD), entered into a Cooperative Management Services Agreement (COOP) (Attachment B) to consolidate fire department executive management functions across jurisdictions. The goal was to enhance regional coordination, reduce administrative redundancy, and improve cost efficiency by sharing key fire management positions between the participating agencies. The agreement includes a cost-sharing model based on population, geographic area, call volume, and staffing.

Since 2009, there have been five (5) amendments to the COOP (Attachment C) to make changes to the administrative structure, roles and responsibilities, and budgets, including an amendment in 2013, to reflect the withdraw of RSFFPD from the Agreement.

Currently, all fire management staff, including the Fire Chief, Deputy Chief, Battalion Chiefs, Fire Training Captain, Fire Marshal, and additional fire management support staff are employees of the City of Encinitas. Del Mar and Solana Beach directly employ Fire Captains, Fire Engineers, and Firefighter Paramedics. In Del Mar, there are nine fire employees that staff one fire station, which is located on the Fairgrounds property.

The total budgeted cost for Del Mar Fire Department services in Fiscal Year (FY) 2025- 26 is $3,116,030, of which approximately $350,000 is for costs related to the COOP.

Depending on overtime costs for Battalion Chief staff, annual COOP costs can range from $315,000 to $360,000 annually.
1 September 22, 2025 Item 11
City Council Agenda Report
Update Regarding Dissolution of Fire COOP
September 22, 2025

DISCUSSION/ANALYSIS:

On June 11, 2025, the City of Encinitas held a special meeting to discuss the evolving needs of the Encinitas community and whether to continue their participation in the COOP. A copy of the related agenda report is included as Attachment D. At the meeting, the Encinitas City Council unanimously voted to formally begin the process of withdrawing from the COOP, and directed the Encinitas City Manager to provide notice to Del Mar and Solana Beach as a first step in the process. The Council also expressed a willingness to consider extending services beyond the initial notice period if necessary depending on the time needed for a successful transition.

A copy of the formal notice provided by the City of Encinitas dated June 18, 2025, is included for reference (Attachment E), which indicates that the City of Encinitas plans to leave the COOP by March 31, 2026, and that the City of Encinitas will continue to fulfill its obligations under the COOP during the notice period to ensure an orderly and coordinated transition of fire management responsibilities.

Since receiving notice from the City of Encinitas, the Del Mar and Solana Beach City Managers released a joint statement (Attachment F) regarding next steps and have been working cooperatively to identify alternative options for fire management services such as contracting with another established fire agency or potentially forming a fire department between the two cities. Maintaining a high level of service, timely response, and readiness for wildfires are essential factors under consideration, along with ensuring the long-term financial viability of services to be provided.

In Del Mar, the City Manager has been keeping the City Council liaisons to the Fire Governance Board, Deputy Mayor Martinez and Councilmember Spelich, apprised of these discussions, with more information and potential recommendations to be provided to the City Council in the coming months.

The Fire Governance Committee, made up of two Council representatives and the City Managers for each of the three participating cities, along with the Fire Chief, have also continued to meet to discuss fire related matters and receive updates regarding the transition process. Over the last two months staff from each agency have been meeting to inform and facilitate a smooth transition of administrative activities (e.g., finance/human resources, contracts, grants, information technology, training, etc.) back to the partner cities.

To provide the City with as much flexibility as possible in considering other options for fire management services, staff recommends that the City Council authorize the City Manager to provide notice to Encinitas and Solana Beach consistent with Section 7.2 of the COOP, indicating that Del Mar may exit the agreement between January 1 and March 31, 2026, or an alternative date thereafter as may be agreed upon by the parties. 2 September 22, 2025 Item 11
City Council Agenda Report
Update Regarding Dissolution of Fire COOP
September 22, 2025

The Solana Beach City Council will consider a similar recommendation from their City Manager on September 24, 2025.

FISCAL IMPACT:

There is no immediate fiscal impact or action to be taken by the City Council related to the recommended action for this agenda item. Funds for costs associated with the current COOP are included in the approved FY 2025-26 Operating Budget, which may be adjusted by the City Council as needed depending on future decisions related to fire management.

ENVIRONMENTAL IMPACT:

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

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This agenda item pertains to City operations and is not included on the City Council list of goals and priorities.

ATTACHMENTS:

Attachment A – Proposed Notice to Encinitas & Solana Beach Attachment B – Original Cooperative Agreement for Fire Management Services Attachment C – First through Fifth Amendments to the COOP Attachment D – City of Encinitas Agenda Report – June 11, 2025 Attachment E – Encinitas Notice of Intent to Exit Cooperative Management Agreement Attachment F – Del Mar and Solana Beach Joint Statement 3 September 22, 2025 Item 11
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us September 22, 2025
Jennifer Campbell, City Manager
City of Encinitas
505 S. Vulcan Ave.

Encinitas, CA 92024
Alyssa Muto, City Manager
City of Solana Beach
635 South Highway 101
Solana Beach, CA 92075
Re: Notice of Withdrawal from the Cooperative Fire Management Services Agreement Dear City Managers:

Since 2009, the cities of Encinitas, Solana Beach and Del Mar have consolidated fire department executive management functions through a Cooperative Management Services Agreement (COOP).

On June 11, 2025, the Encinitas City Council voted to withdrawal from the COOP effective March 31, 2026, and directed the Encinitas City Manager to begin the process. Encinitas provided proper written notice of this action to the cities of Del Mar and Solana Beach on June 18, 2025.

On September 22, 2025, the Del Mar City Council received a fire management update from staff and directed the City Manager to provide notice to the cities of Encinitas and Solana Beach that the City of Del Mar intends to exit the COOP between January 1 and March 31, 2026, or a date thereafter as may be agreed upon by the parties. This action is taken pursuant to Section 7.2 (Termination Without Cause) of the COOP dated October 15, 2009, as amended most recently on September 5, 2023.

The City of Del Mar greatly appreciates the cities of Encinitas and Solana Beach for their continued partnership and cooperation and looks forward to working together to ensure the continued delivery of high-quality fire services during this transition.

Please let me know if you have any questions or would like to discuss. I can be reached at (858) 704-3640 or [email protected].

Sincerely,
Ashley Jones
City Manager
4 September 22, 2025 Item 11
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41 September 22, 2025 Item 11

FOURTH AMENDMENT TO

AGREEMENT FOR COOPERATIVE MANAGEMENT SERVICES
This Amendment ("Amendment") is entered into the 15t day of July, 2019 ("Effective Date") regarding that certain AGREEMENT FOR COOPERATIVE MANAGEMENT SERVICES dated October 15, 2009 by and between CITY OF DEL MAR, CITY OF ENCINITAS, RANCHO SANTA FE FIRE PROTECTION DISTRICT and the CITY OF SOLANA BEACH (collectively the "Parties") ("Agreement").

Recitals
WHEREAS, Section 14 of the Agreement permits amendment of the Agreement by a writing signed by the Parties;
WHEREAS, the Parties agree to amend the Agreement as more fully stated herein.

NOW, THEREFORE, the Parties agree as follows:

1. Exhibit "A" (Description of Services) is hereby deleted and a new Exhibit "A" (Description of Services) attached hereto as Attachment "1" is substituted in its place.

2. This Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

3. Except as specifically provided herein, all terms shall have the same meaning as defined in the Agreement.

4. Except as specifically amended herein, the Agreement shall remain in full force and effect.
[Signatures on Next Page]
42 September 22, 2025 Item 11
Executed the first day and year appearing above at San Diego, California.

City of Del Mar
a Municipal Corporation
Name: `mac ~~- ~ ~~~" k~'1
city of
a M u~i
Appr d To Form:
~~L~~l~
Glenn Sabine, City Attorney Date
City of Solana Beach
a Municipal Corporation
By:

Name: ~l~'~~~'Y wn V~
its: ~/~ 1`~1 ~t~l~~~i~2
2 ~t5: ~~C-~~y Mc~nc~~i~,~
43 September 22, 2025 Item 11
ATTACHMENT 1

EXHIBIT A
Description of Services
The Encinitas Fire Department will furnish the management services that include the positions of Fire Chief (1), Fire Marshal (1), Senior Deputy Fire Marshal (1), and Management Analyst (1), to the Cities of Del Mar and Solana Beach in order to manage all Fire Departments. All other Chief Officers may be furnished by any of the three cities.

If there is a change to the allocation of positions noted above, all three cities agree to reevaluate the cost allocation structure.

If the Fire Chief determines that an employee of this management services agreement is being utilized excessively by one party of this agreement, then the Parties agree that all three City Managers shall meet to re-balance the workload or discuss other appropriate remedies.

Cooperatively, said management services shall include the following:

1. Management Services
a. Under the direction and supervision of the City Managers of Del Mar, Encinitas, and Solana Beach, provide broad policy guidance, fire management expertise and leadership to Del Mar, Encinitas, and Solana Beach fire personnel. b. Confer with Del Mar, Encinitas, and Solana Beach Fire Department personnel when required to ascertain the needs and evaluate the efficiency of the services provided by all Departments to their respective citizens. c. As directed by the City Managers, respond to citizen complaints regarding personnel or services, requests for services, and inquires. d. Provide support to major incidents.
e. Promote a harmonious working relationship between fire prevention and suppression personnel of each respective agency while striving to uphold each Fire Department's Mission Statement.
f. Coordinate assignment and maintenance programs of fire apparatus and equipment.
g. Oversee maintenance program for fire stations and serve as point of contact for fire personnel for facility maintenance or procurement requests. h. Supervise and provide direction when needed for fire prevention, suppression, and EMS activities for the Cities of Del Mar, Encinitas, and Solana Beach. 3 44 September 22, 2025 Item 11
i. Supervise personnel of the Del Mar, Encinitas, and Solana Beach Fire Departments. Supervise adherence to Del Mar, Encinitas, and Solana Beach Department policies and procedures (i.e. personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operations policies, memorandum of understanding, vacation, and sick leave policies).
j. As directed by the City Managers, attend and represent the Del Mar, Encinitas, and Solana Beach Fire Departments and implement each City's policies and directives at various local and regional meetings [i.e. City Council (when required), City Manager staff meetings, County Fire Chiefs, North Zone, CSA-17, UDC].
k. Supervise the purchasing of materials and equipment within the budgetary constraints of each Department.

I. Direct the forecast of funds needed for staffing, equipment, materials and supplies.
m. Monitor and approve expenditures and request budget adjustments. n. Provide overhead supervision for safety, command, and control functions on an as needed basis.
o. Provide support personnel dependent upon nature and location of incident for Emergency Operation Center (EOC) activities, during activation. p. Assist in the maintenance of the Cities' emergency plans and coordinate training for each City's staff.
q. Administer grant programs and submit applications for grants. r. Prepare and review budgets and facilitate cost recovery.

2. Duty Coverage.
a. Provide emergency incident command officer coverage. b. Perform a management role and assume command of field operations as well as direct assigned personnel at the scene of emergencies involving fire, all types of accidents, gas leaks, flooded structures, hazardous materials and life saving and rescue work.
c. Make decisions on the utilization and practical application of agency resources to ensure proper emergency coverage is maintained.
d. Effectuate policies, orders, rules and regulations. Enforce agency rules and regulations and recommend and takes disciplinary action when necessary. e. Assure agency health and safety guidelines are followed, and exercise discretion to ensure a safe working environment is maintained.
f. Respond to incidents requiring a chief officer, when necessary. g. Daily supervision of personnel. Supervise adherence to agency policies and procedures (i.e., personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operations policies, memorandum of understanding, vacation, and sick leave policies, etc.). 4 45 September 22, 2025 Item 11
h. Conduct morning briefings with all shift personnel at the fire stations. i. Communicate daily activities with each Operations Chief and disseminate critical information.
j. Meet with company officers in each station to explain new orders, answer questions, discuss policies and procedures, and ensure proper awareness of new standards.
k. Receive and relay any pertinent information; deliver interdepartmental mail.

I. Perform annual evaluations of company officers assigned to shift and ensure annual evaluations are complete for all members assigned to shift. m. Assist Company Officer with counseling and coaching of subordinates when there is a performance or personnel problem, if necessary. n. Participate in training activities and observe companies as they participate in training/drills.
o. Act as initiating official for investigations and citizen's complaints; Analyze information obtained and handle as appropriate, or develop a report for further consideration.
p. Maintain records and review RMS reports per developed program. q. Participate in captains' meetings when on duty.
r. Participate in agency scheduled operations or staff meetings. s. Review FirstWatch response data at the end of every shift. t. Review Monthly Activity Reports.

3. Training Officer
a. Under direction of the Fire Chief, coordinate the training program for the members of the Del Mar, Encinitas, and Solana Beach Fire Departments. b. Prepare and oversee said training program.
c. Monitor required annual training attendance records. d. Ensure annual state and federal training mandates are met. e. Ensure that all firefighters are instructed in the same firefighter techniques (North Zone Operations and Training Manual).
f. Provide training guidance and management to Del Mar, Encinitas, and Solana Beach fire personnel.
g. Establish training standards and develop curriculum and lesson plans. h. Develop a master training schedule including multi-company drills on a regular basis.
i. Training shall include the development of a training academy for new hires. j. Evaluate training effectiveness and periodically review training records for completeness.
5 46 September 22, 2025 Item 11
k. Represent the Del Mar, Encinitas, and Solana Beach Fire Departments at Zone and County training activities and meetings.

I. Provide oversight of the Departments) Community Emergency Response Team (CERT) program(s).
m. Oversee firefighter recruitment, testing (including promotional) and hiring.

D
47 September 22, 2025 Item 11
1 FIFTH AMENDMENT TO

AGREEMENT FOR COOPERATIVE MANAGEMENT SERVICES
This Fifth Amendment to the Agreement (“Fifth Amendment”) is entered into and effective the 5th day of September, 2023, (“Effective Date”), by and between the City of Del Mar, City of Encinitas, and City of Solana Beach (collectively the “Parties”).

RECITALS
WHEREAS, on October 15, 2009, the cities of Del Mar, Encinitas, and Solana Beach and the Rancho Santa Fe Fire Protection District entered into that certain Agreement for Cooperative Management Services (“Agreement”); and WHEREAS, effective July 1, 2013, the Rancho Santa Fe Protection District is no longer a party to the Agreement, and the Agreement was amended to reflect that the cities of Del Mar, Encinitas, and Solana Beach are the remaining parties to the Agreement; and
WHEREAS, Section 14 of the Agreement allows for the Agreement to be amended only by written consent of the Parties to the Agreement; and WHEREAS, the Parties now wish to amend the Agreement to add an Administrative Fire Captain to the list of positions to be furnished by the Encinitas Fire Department.

NOW, THEREFORE, the Parties agree as follows:

1. Exhibit “A” (Description of Services) is hereby deleted and a new Exhibit “A” (Description of Services) adding an Administrative Fire Captain position is attached hereto as Attachment “1" is substituted in its place.

2. This Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

3. Except as specifically provided herein, all terms shall have the same meaning as defined in the Agreement.

4. Except as specifically amended herein, the Agreement and any prior amendments shall remain in full force and effect.
[Signatures on Next Page]
DocuSign Envelope ID: 95D5E185-756C-4307-B5C2-D96CBA0C4DBD 48 September 22, 2025 Item 11
2 IN WITNESS WHEREOF, the Parties have caused this Fifth Amendment to be effective as of the date first written above.

City of Del Mar,
a municipal corporation
By: _________________________
Ashley Jones, City Manager
City of Encinitas,
a municipal corporation
By: _________________________
Pamela Antil, City Manager
City of Solana Beach,
a municipal corporation
By: _________________________
Gregory Wade, City Manager
DocuSign Envelope ID: 95D5E185-756C-4307-B5C2-D96CBA0C4DBD 49 September 22, 2025 Item 11
3 ATTACHMENT 1

EXHIBIT A
Description of Services
The Encinitas Fire Department will furnish the management services that include the positions of Fire Chief (1), Administrative Fire Captain (1), Fire Marshal (1), Senior Deputy Fire Marshal (1), and Management Analyst (1), to the Cities of Del Mar and Solana Beach in order to manage all Fire Departments. All other Chief Officers may be furnished by any of the three cities.

If there is a change to the allocation of positions noted above, all three cities agree to re-evaluate the cost allocation structure.

If the Fire Chief determines that an employee of this management services agreement is being utilized excessively by one party of this agreement, then the Parties agree that all three City Managers shall meet to re-balance the workload or discuss other appropriate remedies.

Cooperatively, said management services shall include the following:

1. Management Services
a. Under the direction and supervision of the City Managers of Del Mar, Encinitas, and Solana Beach, provide broad policy guidance, fire management expertise and leadership to Del Mar, Encinitas, and Solana Beach fire personnel.
b. Confer with Del Mar, Encinitas, and Solana Beach Fire Department personnel when required to ascertain the needs and evaluate the efficiency of the services provided by all Departments to their respective citizens.
c. As directed by the City Managers, respond to citizen complaints regarding personnel or services, requests for services, and inquires. d. Provide support to major incidents.
e. Promote a harmonious working relationship between fire prevention and suppression personnel of each respective agency while striving to uphold each Fire Department’s Mission Statement.
f. Coordinate assignment and maintenance programs of fire apparatus and equipment.
g. Oversee maintenance program for fire stations and serve as point of contact for fire personnel for facility maintenance or procurement requests.

DocuSign Envelope ID: 95D5E185-756C-4307-B5C2-D96CBA0C4DBD 50 September 22, 2025 Item 11
4 h. Supervise and provide direction when needed for fire prevention, suppression, and EMS activities for the cities of Del Mar, Encinitas, and Solana Beach.
i. Supervise personnel of the Del Mar, Encinitas, and Solana Beach Fire Departments. Supervise adherence to Del Mar, Encinitas, and Solana Beach Department policies and procedures (i.e. personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operations policies, memorandum of understanding, vacation, and sick leave policies).
j. As directed by the City Managers, attend and represent the Del Mar, Encinitas, and Solana Beach Fire Departments and implement each City’s policies and directives at various local and regional meetings [i.e. City Council (when required), City Manager staff meetings, County Fire Chiefs, North Zone, CSA-17, UDC].
k. Supervise the purchasing of materials and equipment within the budgetary constraints of each Department.
l. Direct the forecast of funds needed for staffing, equipment, materials and supplies.
m. Monitor and approve expenditures and request budget adjustments. n. Provide overhead supervision for safety, command, and control functions on an as needed basis.
o. Provide support personnel dependent upon nature and location of incident for Emergency Operation Center (EOC) activities, during activation. p. Assist in the maintenance of the Cities' emergency plans and coordinate training for each City’s staff.
q. Administer grant programs and submit applications for grants. r. Prepare and review budgets and facilitate cost recovery.

2. Duty Coverage
a. Provide emergency incident command officer coverage. b. Perform a management role and assume command of field operations as well as direct assigned personnel at the scene of emergencies involving fire, all types of accidents, gas leaks, flooded structures, hazardous materials and life saving and rescue work.
c. Make decisions on the utilization and practical application of agency resources to ensure proper emergency coverage is maintained. d. Effectuate policies, orders, rules and regulations. Enforce agency rules and regulations and recommend and takes disciplinary action when necessary.
e. Assure agency health and safety guidelines are followed, and exercise discretion to ensure a safe working environment is maintained. f. Respond to incidents requiring a chief officer, when necessary. g. Daily supervision of personnel. Supervise adherence to agency policies and procedures (i.e., personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency DocuSign Envelope ID: 95D5E185-756C-4307-B5C2-D96CBA0C4DBD 51 September 22, 2025 Item 11
5 operations policies, memorandum of understanding, vacation, and sick leave policies, etc.).
h. Conduct morning briefings with all shift personnel at the fire stations. i. Communicate daily activities with each Operations Chief and disseminate critical information.
j. Meet with company officers in each station to explain new orders, answer questions, discuss policies and procedures, and ensure proper awareness of new standards.
k. Receive and relay any pertinent information; deliver interdepartmental mail.
l. Perform annual evaluations of company officers assigned to shift and ensure annual evaluations are complete for all members assigned to shift. m. Assist Company Officer with counseling and coaching of subordinates when there is a performance or personnel problem, if necessary. n. Participate in training activities and observe companies as they participate in training/drills.
o. Act as initiating official for investigations and citizen’s complaints; Analyze information obtained and handle as appropriate, or develop a report for further consideration.
p. Maintain records and review RMS reports per developed program. q. Participate in captains’ meetings when on duty.
r. Participate in agency scheduled operations or staff meetings. s. Review FirstWatch response data at the end of every shift. t. Review Monthly Activity Reports.

3. Training Officer
a. Under direction of the Fire Chief, coordinate the training program for the members of the Del Mar, Encinitas, and Solana Beach Fire Departments. b. Prepare and oversee said training program.
c. Monitor required annual training attendance records. d. Ensure annual state and federal training mandates are met. e. Ensure that all firefighters are instructed in the same firefighter techniques (North Zone Operations and Training Manual).
f. Provide training guidance and management to Del Mar, Encinitas, and Solana Beach fire personnel.
g. Establish training standards and develop curriculum and lesson plans. h. Develop a master training schedule including multi-company drills on a regular basis.
i. Training shall include the development of a training academy for new hires.

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6 j. Evaluate training effectiveness and periodically review training records for completeness.
k. Represent the Del Mar, Encinitas, and Solana Beach Fire Departments at Zone and County training activities and meetings.
l. Provide oversight of the Department(s) Community Emergency Response Team (CERT) program(s).
m. Oversee firefighter recruitment, testing (including promotional) and hiring.

DocuSign Envelope ID: 95D5E185-756C-4307-B5C2-D96CBA0C4DBD 53 September 22, 2025 Item 11
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54 September 22, 2025 Item 11
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55 September 22, 2025 Item 11

AGENDA REPORT
City Council

MEETING
DATE:

June 11, 2025

PREPARED
BY:

Josh Gordon, Fire Chief DEPARTMENT
DIRECTOR:

Josh Gordon, Fire Chief
DEPARTMENT: Fire & Marine Safety
Department
CITY
MANAGER:

Jennifer Campbell
SUBJECT:

Cooperative Fire Management Services Agreement with the Cities of Del Mar and Solana Beach RECOMMENDED ACTION:

Receive the report and provide direction to staff regarding the City of Encinitas’ future participation in the Cooperative Fire Management Services Agreement (Attachment 1) with the Cities of Del Mar and Solana Beach.

ENVIRONMENTAL CONSIDERATIONS:

The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.

The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

This item does not relate to the Climate Action Plan.

GENERAL PLAN/CITY COUNCIL FOCUS AREAS:

This agenda item supports the Public Safety Element of the General Plan, which calls for providing “effective and efficient emergency services to protect life and property” and ensuring “fire protection capabilities grow in proportion to community needs” by ensuring the Fire Department structure can scale with Encinitas’ growth, respond to increasing call volume, and integrate fire service leadership into climate resilience and emergency preparedness planning. It also directly aligns with the City Council Focus Areas of Public Safety, and Organizational Effectiveness and Efficiency Implementation by ensuring the fire department structure can scale with Encinitas’ growth, respond to increasing call volume, and integrate fire service leadership into emergency preparedness planning.

FISCAL CONSIDERATIONS:
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The cost of fire management services is calculated using the total actual costs of salaries and benefits for the personnel providing the services, as specified in Section 6 of the Cooperative Management Services Agreement (COOP). Each agency’s cost is based on the formula in Section 6 of the agreement. There is also an administrative fee added to recover overhead and administrative costs that are not fully being shared by all three (3) agencies.

The COOP revenue projection in the City’s proposed Fiscal Year 2025-26 budget is $850,000.

The fiscal impact for withdrawing from the COOP would reduce the Fire Department revenue and require a budget adjustment.

BACKGROUND:

In 2009, the Cities of Encinitas, Del Mar, and Solana Beach, along with the Rancho Santa Fe Fire Protection District (RSFFPD), entered into a Cooperative Management Services Agreement (COOP) to consolidate fire department executive management functions across jurisdictions. The goal was to enhance regional coordination, reduce administrative redundancy, and improve cost efficiency by sharing key leadership roles, including the Fire Chief, Deputy Fire Chiefs, Fire Marshal, and administrative support staff. The agreement was formally executed on October 15, 2009, and included a cost-sharing model based on population, geographic area, call volume, and staffing.

Rancho Santa Fe initially provided Battalion Chief coverage, while Encinitas furnished the Fire Chief and administrative support to Del Mar and Solana Beach. In 2010, the first and second amendments expanded the scope of services, revised the payment structure, and introduced a Training Officer position, while clarifying Encinitas’ management responsibilities. In 2013, RSFFPD formally withdrew from the agreement, and the COOP continued solely between Encinitas, Del Mar, and Solana Beach. The third amendment in 2018 overhauled compensation formulas, added an administrative fee, and expanded duties to include facility oversight, budget forecasting, and emergency operations center (EOC) support. In 2019, the fourth amendment updated staffing to include a Senior Deputy Fire Marshal and reinforced the need for balanced workload distribution among the cities. Most recently, the fifth amendment in 2023 added an Administrative Fire Captain to assist with growing training and wellness demands, reflecting recommendations from a 2021 Fitch & Associates management study and supported by the Fire Governance Committee (Attachment 2).

On May 7, 2025, the Fire Department Governance Subcommittee met and discussed the Cooperative Fire Management Services Agreement between Encinitas, Del Mar, and Solana Beach. The meeting included a review of personnel costs, staffing, and cost-sharing methods. A key development was Encinitas’ announcement that its City Council would consider withdrawing from the agreement. In response, the other cities requested a clear decision from Encinitas at the next meeting to support planning and consistent communication. A special Encinitas City Council meeting was scheduled to determine the City's position moving forward.

ANALYSIS:

The City of Encinitas has evolved significantly since joining the Cooperative Fire Management Services Agreement (COOP) in 2009. While the agreement once served as a cost-effective and regionally coordinated solution, Encinitas has outgrown the structure. With rising service demands, an expanding population, and increasingly complex public safety needs, the time has 2025-06-11 Item #01 - Special Meeting
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come for Encinitas to establish an independent fire department that reflects its scope, priorities, and strategic trajectory.

1. Encinitas Has Outgrown the Current Structure
Today, Encinitas serves more than 61,000 residents over 19.4 square miles, handling over 6,500 emergency incidents annually, approximately 64% of all calls under the current agreement. In contrast, Del Mar and Solana Beach together serve roughly 17,000 residents and manage fewer than 2,300 calls. Since 2009, Encinitas has experienced a surge in residential development, tourism, and aging population-related EMS calls. These trends have created a scale of service demand that far surpasses the shared model’s original design.

This disproportionate growth is not merely a workload issue, it limits Encinitas' ability to proactively plan, staff, and innovate at the pace required for a city of its size and complexity.

2. Community Expectations and Resident-Centered Services Encinitas residents expect a fire department that is agile, responsive, and aligned with local needs. As the City confronts emerging challenges—behavioral health incidents, homelessness, wildland-urban interface threats, and climate-related emergencies—there is a growing expectation for tailored services. A dedicated fire leadership team would allow Encinitas to:
• Adjust prevention and inspection priorities based on local hazards • Accelerate public education programs for wildfire readiness and bluff safety • Engage directly with neighborhoods to address area-specific concerns Without the need to divide attention across other jurisdictions, the Department could focus entirely on what matters most to Encinitas residents.

3. Strategic Alignment with Encinitas’ Policy Direction Encinitas is advancing progressive policies that intersect directly with fire and emergency services, including its Climate Action Plan, Homeless Outreach and Response Program, and housing element compliance. These city-specific initiatives demand executive-level participation from public safety leadership to ensure meaningful implementation and crossdepartmental coordination.

Under the current shared model, the Fire Chief and Deputy Fire Chief must divide their time and administrative energy across three separate governance structures, budgets, and municipal systems. This dilutes their ability to lead proactively on Encinitas priorities such as wildfire resilience, climate adaptation, and station modernization. A dedicated fire administration would allow Encinitas to fully align Department strategies with City Council direction, budget priorities, and performance goals.

4. Encinitas Bears the Majority Cost Without Exclusive Focus Encinitas funds approximately 69.25% of the Fire Management Services budget—roughly $1.81 million of the total $2.62 million—yet receives only a proportional share of time and 2025-06-11 Item #01 - Special Meeting
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decision-making from executive staff. While cost-sharing was a strength in the early years of the agreement, it now presents a mismatch between financial investment and operational control.

Moreover, with Encinitas providing nearly all administrative infrastructure, including the Fire Chief, Fire Marshal, and Fire Administrative Manager, the City is essentially underwriting regional leadership while sacrificing responsiveness to its own growing demands.

5. Limited Capacity for Innovation and Strategic Growth The shared structure restricts Encinitas’ ability to pursue ambitious service enhancements.

For example:
• Grant Opportunities: Many FEMA, Cal OES, and State fire prevention grants favor cities with integrated risk reduction strategies and clear local authority. Encinitas’ ability to pursue these funds is limited by its shared governance model. • Fire Accreditation & ISO Improvements: A focused Department could pursue fire accreditation, ISO score improvements, and other benchmarks that are harder to achieve in a cross-jurisdictional structure.
• Specialized Programs: Initiatives like advanced EMS response, mental health coresponder pilots, and wildfire fuel management programs are more feasible under unified, Encinitas-controlled leadership.

A city of Encinitas’ size and sophistication should be empowered to lead—not constrained— by its fire service structure.

6. Commitment to Regional Collaboration
This recommendation is not a retreat from regional coordination. Encinitas will continue to maintain strong partnerships through North Zone mutual aid, countywide training, joint purchasing opportunities, and disaster response collaboration. The City remains committed to public safety as a regional priority and will work with its neighbors to ensure shared success where it makes sense.

If the City Council determines that the City will withdraw from the Cooperative Fire Management Services Agreement, staff would initiate the process by providing formal written notice to the Cities of Del Mar and Solana Beach, in accordance with the terms of the agreement. A transition timeline would be established to ensure continuity of services and alignment with the City’s fiscal planning. Staff would also conduct a comprehensive assessment of the budgetary impacts associated with operating an independent fire department, including personnel, equipment, and administrative support needs. Throughout the process, the City would coordinate closely with Del Mar and Solana Beach to ensure a smooth and orderly transition, minimize service disruptions, and maintain strong interagency relationships.

ATTACHMENT(S):

Attachment 1 – Cooperative Fire Management Services Agreement Attachment 2 - 2021 Fitch & Associates Management Study 2025-06-11 Item #01 - Special Meeting
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FIRST AMENDMENT TO

AGREEMENT FOR COOPERATIVE MANAGEMENT SERVICES

This Amendment (“Amendment”) is entered into the 15th day of September, 2010 (“Effective Date”) regarding that certain AGREEMENT FOR COOPERATIVE MANAGEMENT SERVICES dated October 15, 2009 by and between CITY OF DEL MAR, CITY OF ENCINITAS, RANCHO SANTA FE FIRE PROTECTION DISTRICT and the CITY OF SOLANA BEACH (collectively the “Parties”) (“Agreement”).

Recitals
WHEREAS, Section 14 of the Agreement permits amendment of the Agreement by a writing signed by the Parties;
WHEREAS, the Parties agree to amend the Agreement as more fully stated herein.

NOW, THEREFORE, the Parties agree as follows:

1. Exhibit “A” (Description of Services) is hereby deleted and a new Exhibit “A” (Description of Services) attached hereto as Attachment “1" is substituted in its place.

2. Exhibit “B” (Annual Payments for Services) is hereby deleted and a new Exhibit “B” (Annual Payments for Services) attached hereto as Attachment “2” is substituted in its place.

3. This Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

4. Except as specifically provided herein, all terms shall have the same meaning as defined in the Agreement.

5. Except as specifically amended herein, the Agreement shall remain in full force and effect.
[Signatures on Next Page]
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Executed the first day and year appearing above at San Diego, California.

City of Del Mar
a Municipal Corporation
By: _________________________
Name: ________________________
Its: ___________________________
City of Encinitas
a Municipal Corporation
By: _________________________
Name: ________________________
Its: ___________________________
Rancho Santa Fe Fire Protection District
a Special District
By: _________________________
Name: ________________________
Its: ___________________________
City of Solana Beach
a Municipal Corporation
By: _________________________
Name: ________________________
Its: ___________________________
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ATTACHMENT 1

EXHIBIT A
Description of Services
The Rancho Santa Fe Fire Protection District (RSF) will furnish the following services:

1. Duty Coverage.

The Rancho Santa Fe Fire Protection District will furnish the management services that include the positions of Shift Battalion Chiefs (3) to the City of Del Mar, City of Encinitas and City of Solana Beach in order to provide supervision of operations for their Fire Departments.  Said management services shall include the following:
a. Provide emergency incident command officer coverage.* b. Perform a management role and assume command of field operations as well as direct assigned personnel at the scene of emergencies involving fire, all types of accidents, gas leaks, flooded structures, hazardous materials and life saving and rescue work.
c. Make decisions on the utilization and practical application of agency resources to ensure proper emergency coverage is maintained.
d. Effectuate policies, orders, rules and regulations.   Enforce agency rules and regulations and recommend and takes disciplinary action when necessary. e. Assure agency health and safety guidelines are followed, and exercise discretion to ensure a safe working environment is maintained.
f. Respond to incidents requiring a chief officer, when necessary. g. Daily supervision of personnel.   Supervise adherence to agency policies and procedures (i.e., personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operations policies, memorandum of understanding, vacation, and sick leave policies, etc.). h. Conduct morning briefings with all shift personnel at the fire stations. i. Communicate daily activities with each Operations Chief and disseminate critical information.
j. Meet with company officers in each station to explain new orders, answer questions, discuss policies and procedures, and ensure proper awareness of new standards.
k. Receive and relay and pertinent information; deliver interdepartmental mail. l. Assist the Operation Chief with company officers’ evaluations. 2025-06-11 Item #01 - Special Meeting
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m. Assist Company Officer with counseling and coaching of subordinates when there is a performance or personnel problem, if necessary. n. Participate in training activities and observe companies as they participate in drills.
o. Act as initiating official for investigations and citizen’s complaints; Analyze information obtained and handle as appropriate, or develop a report for further consideration.
p. Maintain records and review RMS reports per developed program. q. Participate in captains’ meetings when on duty.
r. Participate in agency scheduled operations or staff meetings. *Should RSF personnel at or above the Battalion Chief level be unavailable to respond, the Cities of Del Mar, Encinitas and Solana Beach will use shared duty officers from other cooperating agencies or choose to provide their own “Duty Officer”
The Encinitas Fire Department will furnish the following services:

1. Management Services for Del Mar
The Encinitas Fire Department will furnish the management services that include the positions of Fire Chief (1), Deputy Chiefs (2), Fire Marshal (1) and Management Analyst (1) to the City of Del Mar in order to manage its Fire Department.  Said management services shall include the following:
a. Under the direction and supervision of the City Manager of Del Mar, provide broad policy guidance, fire management expertise and leadership to Del Mar fire personnel.
b. Confer with Del Mar Fire Department personnel when required to ascertain the needs and evaluate the efficiency of the services provided by the Del Mar Fire Department to its citizens.
c. As directed by the City Manager, respond to citizen complaints regarding personnel or services, requests for services, and inquires. d. Provide support to major incidents.
e. Promote a harmonious working relationship between fire prevention and suppression personnel of each respective agency while striving to uphold each Fire Department’s Mission Statement.
f. Coordinate assignment and maintenance programs of fire apparatus and equipment.
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g. Supervise and provide direction when needed for fire prevention, suppression, and EMS activities for the City of Del Mar.
h. Supervise personnel of the Del Mar Fire Department.   Supervise adherence to Del Mar policies and procedures (i.e. personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operations policies, memorandum of understanding, vacation, and sick leave policies).
i. As directed by the City Manager, attend and represent the Del Mar Fire Department and implement Del Mar's policies and directives at various local and regional meetings [i.e. City Council (when required), City Manager staff meetings, County Fire Chiefs, North Zone, CSA‐17, UDC]. j. Supervise the purchasing of materials and equipment within the budgetary constraints of Del Mar.
k. Provide overhead supervision for safety, command and control functions on an as needed basis.
l. Provide support personnel dependent upon nature and location of incident for Emergency Operation Center (EOC) activities, during activation. m. Assist in the maintenance of the Cities' emergency plans and coordinate training for Del Mar staff.
n. Administer grant programs and submit applications for grants. o. Prepare and review budgets and facilitate cost recovery.

2. Management Services for Solana Beach
The Encinitas Fire Department proposes to furnish the management services that include the positions of Fire Chief (1), Deputy Chiefs (2), Fire Marshal (1) and Management Analyst (1) to the City of Solana Beach in order to manage its Fire Department.  Said management services shall include the following:
a. Under the direction and supervision of the City Manager of Solana Beach, provide broad policy guidance, fire management expertise and leadership to Solana Beach fire personnel.
b. Confer with Solana Beach Fire Department personnel when required to ascertain the needs and evaluate the efficiency of the services provided by the Solana Beach Fire Department to its citizens.
c. At the direction of the City Manager, respond to citizen complaints regarding personnel or services, requests for services, and inquires. d. Provide support to major incidents.
e. Promote a harmonious working relationship between fire prevention and suppression personnel of each respective agency while striving to uphold each Fire Department’s Mission Statement.
f. Coordinate assignment and maintenance programs of fire apparatus and equipment.
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g. Supervise and provide direction when needed for fire prevention, suppression, and EMS activities for the City of Solana Beach.
h. Supervise personnel of the Solana Beach Fire Department.  Supervise adherence to Solana Beach policies and procedures (i.e. personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operations policies, memorandum of understanding, vacation, and sick leave policies).
i. As directed by the City Manager, attend and represent the Solana Beach Fire Department and implement Solana Beach's policies and directives at various local and regional meetings [i.e., City Council (when required), City Manager staff meetings, County Fire Chiefs, North Zone, CSA‐17, UDC, etc.]. j. Supervise the purchasing of materials and equipment within the budgetary constraints of Solana Beach.
k. Provide overhead supervision for safety, command and control functions on an as needed basis.
l. Provide support personnel, dependent upon nature and location of incident for Emergency Operation Center (EOC) activities, during activation. m. Assist in the maintenance of the Cities' emergency plans and coordinate training for Del Mar staff.
n. Administer grant programs and submit applications for grants. o. Prepare and review budgets and facilitate cost recovery.

The Solana Beach Fire Department will furnish the following services:

1. Training Services for Encinitas and Del Mar
The Solana Beach Fire Department will furnish training services of a Deputy Chief ‐ Training Officer (1) to the Encinitas and Del Mar Fire Departments in order to train and assist in the training management of the Encinitas and Del Mar Fire Departments.  Said training services shall include the following:
a. Under direction of the Fire Chief, coordinate the training program for the members of the Encinitas and Del Mar Fire Departments.
b. Prepare and oversee said training program.
c. Monitor required annual training attendance records. d. Ensure annual state and federal training mandates are met. e. Ensure that all firefighters are instructed in the same firefighter techniques (North Zone Operations and Training Manual).
f. Provide training guidance and management to Encinitas and Del Mar fire personnel.
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h. Develop a master training schedule including multi‐company drills on a regular basis.
i. Training shall include the development of a training academy for new hires. j. Evaluate training effectiveness and periodically review training records for completeness.
k. Represent Encinitas and Del Mar Fire Departments at Zone and County training activities, as well as Unified Disaster Council (UDC) meeting. l. Provide oversight of the Department(s) Community Emergency Response Team (CERT) program(s).
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ATTACHMENT 2

EXHIBIT B
Annual Payment for Services
September 15, 2010 – September 14, 2011

DMR SOL ENC RSF
Total (Salary
& Benefits)
DIRECTOR PS/ FIRE CHIEF $         29,725 $      46,339 $    156,632 $            ‐     $           232,695 DEPUTY CHIEF (TRAINING) $         23,711 $      36,964 $    124,942   $            ‐     $           185,617

DEPUTY CHIEF (ADMIN/SUPPORT
SERVICES) $         26,231 $      40,893 $    138,223   $            ‐     $           205,348 DEPUTY CHIEF (OPS) $         26,231 $      40,893 $    138,223   $            ‐     $           205,348 BATTALION CHIEF (3)1 $         54,870 $      83,331 $    238,509   $   223,739   $           600,448 FIRE MARSHAL $         20,185 $      31,467 $    106,363   $            ‐     $           158,016

MANAGEMENT ANALYST (DISASTER
PREP, GRANTS) $         15,156 $      23,627 $       79,863   $            ‐     $           118,645 TOTAL $        196,109 $    303,514 $    982,755   $   223,739   $        1,706,117 ENC REVENUE $        117,529 $    183,219 N/A N/A
RSF REVENUE $          54,870 $      83,331 $    238,509   N/A SOL REVENUE $          23,711 N/A $    124,942   N/A

Cost Allocation DMR SOL ENC RSF
ENC Fire Chief/ENC Deputy Chief/SOL
Training Officer/Fire Marshal/Analyst 12.77% 19.91% 67.31% RSF Battalion Chiefs 9.14% 13.88% 39.72% 37.26%
1  Total salary and benefits cost for Rancho Santa Fe FPD Battalion Chiefs does not reflect any possible salary increase effective 7/1/11.
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SECOND AMENDMENT TO

AGREEMENT FOR COOPERATIVE MANAGEMENT SERVICES

This Amendment (“Amendment”) is entered into the day of November, 2010 (“Effective Date”) regarding that certain AGREEMENT FOR COOPERATIVE MANAGEMENT SERVICES dated October 15, 2009 by and between CITY OF DEL MAR, CITY OF ENCINITAS, RANCHO SANTA FE FIRE PROTECTION DISTRICT and the CITY OF SOLANA BEACH (collectively the “Parties”) (“Agreement”).

Recitals
WHEREAS, Section 14 of the Agreement permits amendment of the Agreement by a writing signed by the Parties;
WHEREAS, the Parties agree to amend the Agreement as more fully stated herein.

NOW, THEREFORE, the Parties agree as follows:

1. Exhibit “A” (Description of Services) is hereby deleted and a new Exhibit “A” (Description of Services) attached hereto as Attachment “1" is substituted in its place.

2. Exhibit “B” (Annual Payments for Services) is hereby deleted and a new Exhibit “B” (Annual Payments for Services) attached hereto as Attachment “2” is substituted in its place.

3. This Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

4. Except as specifically provided herein, all terms shall have the same meaning as defined in the Agreement.

5. Except as specifically amended herein, the Agreement shall remain in full force and effect.
[Signatures on Next Page]
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Executed the first day and year appearing above at San Diego, California.

City of Del Mar
a Municipal Corporation
By: _________________________
Name: ________________________
Its: ___________________________
City of Encinitas
a Municipal Corporation
By: _________________________
Name: ________________________
Its: ___________________________
Rancho Santa Fe Fire Protection District
a Special District
By: _________________________
Name: ________________________
Its: ___________________________
City of Solana Beach
a Municipal Corporation
By: _________________________
Name: ________________________
Its: ___________________________
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ATTACHMENT 1

EXHIBIT A
Description of Services
The Rancho Santa Fe Fire Protection District (RSF) will furnish the following services:

1. Duty Coverage.

The Rancho Santa Fe Fire Protection District will furnish the management services that include the positions of Shift Battalion Chiefs (3) to the City of Del Mar, City of Encinitas and City of Solana Beach in order to provide supervision of operations for their Fire Departments.  Said management services shall include the following:
a. Provide emergency incident command officer coverage.* b. Perform a management role and assume command of field operations as well as direct assigned personnel at the scene of emergencies involving fire, all types of accidents, gas leaks, flooded structures, hazardous materials and life saving and rescue work.
c. Make decisions on the utilization and practical application of agency resources to ensure proper emergency coverage is maintained.
d. Effectuate policies, orders, rules and regulations.   Enforce agency rules and regulations and recommend and takes disciplinary action when necessary. e. Assure agency health and safety guidelines are followed, and exercise discretion to ensure a safe working environment is maintained.
f. Respond to incidents requiring a chief officer, when necessary. g. Daily supervision of personnel.   Supervise adherence to agency policies and procedures (i.e., personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operations policies, memorandum of understanding, vacation, and sick leave policies, etc.). h. Conduct morning briefings with all shift personnel at the fire stations. i. Communicate daily activities with each Operations Chief and disseminate critical information.
j. Meet with company officers in each station to explain new orders, answer questions, discuss policies and procedures, and ensure proper awareness of new standards.
k. Receive and relay and pertinent information; deliver interdepartmental mail. l. Assist the Operation Chief with company officers’ evaluations. 2025-06-11 Item #01 - Special Meeting
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m. Assist Company Officer with counseling and coaching of subordinates when there is a performance or personnel problem, if necessary. n. Participate in training activities and observe companies as they participate in drills.
o. Act as initiating official for investigations and citizen’s complaints; Analyze information obtained and handle as appropriate, or develop a report for further consideration.
p. Maintain records and review RMS reports per developed program. q. Participate in captains’ meetings when on duty.
r. Participate in agency scheduled operations or staff meetings. *Should RSF personnel at or above the Battalion Chief level be unavailable to respond, the Cities of Del Mar, Encinitas and Solana Beach will use shared duty officers from other cooperating agencies or choose to provide their own “Duty Officer”

2. Training Officer
The Rancho Santa Fe Fire Protection District will furnish the management services of a non‐ shift Battalion Chief (1) to oversee the training function of the Encinitas, Del Mar and Solana Beach Fire Departments.  Said management services shall include the following:
a. Under direction of the Fire Chiefs, coordinate the training program for the members of the Encinitas, Del Mar and Solana Beach Fire Departments. b. Prepare and oversee said training program.
c. Monitor required annual training attendance records. d. Ensure annual state and federal training mandates are met. e. Ensure that all firefighters are instructed in the same firefighter techniques (North Zone Operations and Training Manual).
f. Provide training guidance and management to Encinitas, Del Mar and Solana Beach fire personnel.
g. Establish training standards and develop curriculum and lesson plans. h. Develop a master training schedule including multi‐company drills on a regular basis.
i. Training shall include the development of a training academy for new hires. j. Evaluate training effectiveness and periodically review training records for completeness.
k. Represent the Encinitas, Del Mar and Solana Beach Fire Departments at Zone and County training activities and meetings.
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l. Provide oversight of the Department(s) Community Emergency Response Team (CERT) program(s).
m. Oversee firefighter recruitment, testing (including promotional) and hiring.

The Encinitas Fire Department will furnish the following services:

1. Management Services for Del Mar
The Encinitas Fire Department will furnish the management services that include the positions of Fire Chief (1), Deputy Chiefs (2), Fire Marshal (1) and Management Analyst (1) to the City of Del Mar in order to manage its Fire Department.  Said management services shall include the following:
a. Under the direction and supervision of the City Manager of Del Mar, provide broad policy guidance, fire management expertise and leadership to Del Mar fire personnel.
b. Confer with Del Mar Fire Department personnel when required to ascertain the needs and evaluate the efficiency of the services provided by the Del Mar Fire Department to its citizens.
c. As directed by the City Manager, respond to citizen complaints regarding personnel or services, requests for services, and inquires. d. Provide support to major incidents.
e. Promote a harmonious working relationship between fire prevention and suppression personnel of each respective agency while striving to uphold each Fire Department’s Mission Statement.
f. Coordinate assignment and maintenance programs of fire apparatus and equipment.
g. Supervise and provide direction when needed for fire prevention, suppression, and EMS activities for the City of Del Mar.
h. Supervise personnel of the Del Mar Fire Department.   Supervise adherence to Del Mar policies and procedures (i.e. personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operations policies, memorandum of understanding, vacation, and sick leave policies).
i. As directed by the City Manager, attend and represent the Del Mar Fire Department and implement Del Mar's policies and directives at various local and regional meetings [i.e. City Council (when required), City Manager staff meetings, County Fire Chiefs, North Zone, CSA‐17, UDC]. j. Supervise the purchasing of materials and equipment within the budgetary constraints of Del Mar.
k. Provide overhead supervision for safety, command and control functions on an as needed basis.
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l. Provide support personnel dependent upon nature and location of incident for Emergency Operation Center (EOC) activities, during activation. m. Assist in the maintenance of the Cities' emergency plans and coordinate training for Del Mar staff.
n. Administer grant programs and submit applications for grants. o. Prepare and review budgets and facilitate cost recovery.

2. Management Services for Solana Beach
The Encinitas Fire Department proposes to furnish the management services that include the positions of Fire Chief (1), Deputy Chiefs (2), Fire Marshal (1) and Management Analyst (1) to the City of Solana Beach in order to manage its Fire Department.  Said management services shall include the following:
a. Under the direction and supervision of the City Manager of Solana Beach, provide broad policy guidance, fire management expertise and leadership to Solana Beach fire personnel.
b. Confer with Solana Beach Fire Department personnel when required to ascertain the needs and evaluate the efficiency of the services provided by the Solana Beach Fire Department to its citizens.
c. At the direction of the City Manager, respond to citizen complaints regarding personnel or services, requests for services, and inquires. d. Provide support to major incidents.
e. Promote a harmonious working relationship between fire prevention and suppression personnel of each respective agency while striving to uphold each Fire Department’s Mission Statement.
f. Coordinate assignment and maintenance programs of fire apparatus and equipment.
g. Supervise and provide direction when needed for fire prevention, suppression, and EMS activities for the City of Solana Beach.
h. Supervise personnel of the Solana Beach Fire Department.  Supervise adherence to Solana Beach policies and procedures (i.e. personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operations policies, memorandum of understanding, vacation, and sick leave policies).
i. As directed by the City Manager, attend and represent the Solana Beach Fire Department and implement Solana Beach's policies and directives at various local and regional meetings [i.e., City Council (when required), City Manager staff meetings, County Fire Chiefs, North Zone, CSA‐17, UDC, etc.]. j. Supervise the purchasing of materials and equipment within the budgetary constraints of Solana Beach.
k. Provide overhead supervision for safety, command and control functions on an as needed basis.
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l. Provide support personnel, dependent upon nature and location of incident for Emergency Operation Center (EOC) activities, during activation. m. Assist in the maintenance of the Cities' emergency plans and coordinate training for Del Mar staff.
n. Administer grant programs and submit applications for grants. o. Prepare and review budgets and facilitate cost recovery.

3. Management Services for the Rancho Santa Fe Fire Protection District The Encinitas Fire Department proposes to furnish the management services that include the positions of Deputy Chiefs (2) in order to manage the operations and administrative services functions of its Fire Department.   Said management services shall include the following:
a. Under the direction and supervision of the Fire Chief of the Rancho Santa Fe Fire Protection District (RSFFPD), provide broad policy guidance, fire management expertise and leadership to Rancho Santa Fe fire personnel. b. Confer with Rancho Santa Fe Fire Department personnel when required to ascertain the needs and evaluate the efficiency of the services provided by the RSFFPD to its citizens.
c. As directed by the Fire Chief, respond to citizen complaints regarding personnel or services, requests for services and inquires.
d. Provide support to major incidents.
e. Promote a harmonious working relationship between fire prevention and suppression personnel of each respective agency while striving to uphold each Fire Department’s Mission Statement.
f. Supervise and provide direction when needed for fire suppression and EMS activities of the RSFFPD.
g. Supervise personnel of the RSFFPD.  Supervise adherence to RSFFPD policies and procedures (i.e. personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operations policies, memorandum of understanding, vacation, and sick leave policies). h. As directed by the Fire Chief, attend and represent the RSFFPD and implement its policies and directives at various local and regional meetings [i.e. Board of Directors (when required), staff meetings, County Fire Chiefs, North Zone, CSA‐ 17, UDC].
i. Supervise the purchasing of materials and equipment within the budgetary constraints of RSFFPD.
j. Provide overhead supervision for safety, command and control functions on an as needed basis.
k. Assume the duties of Public Information Officer (PIO), as necessary. l. Serve as Safety Officer, as necessary.
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m. Oversee and manage the RSFFPD participation in the Regional Communications System (RCS) and Computer Aided Dispatch (CAD) and Records Management Systems (RMS) and coordinate support to RSFFPD personnel for these systems. n. Oversee and manage special projects, as assigned by the Fire Chief.

The Solana Beach Fire Department will furnish the following services:

1. Support Services for Del Mar, Encinitas and the Rancho Santa Fe Fire Protection District
The Solana Beach Fire Department will furnish a Deputy Chief (1) to oversee the support services function of the Del Mar, Encinitas and Rancho Santa Fe Fire Departments.   Said support services shall include the following:
a. Coordinate assignment and maintenance programs of fire apparatus and equipment.
b. As directed by the Fire Chiefs, attend and represent the RSFFPD and implement its policies and directives at various local and regional meetings [i.e. Board of Directors (when required), staff meetings, County Fire Chiefs, North Zone, CSA‐ 17, UDC].
c. Oversee and manage special projects, as assigned by the Fire Chiefs. d. Oversee maintenance program for fire stations and serve as point of contact for fire personnel for facility maintenance or procurement requests. e. Direct the forecast of funds needed for staffing, equipment, materials and supplies.
f. Monitor and approve expenditures and request budget adjustments. 2025-06-11 Item #01 - Special Meeting
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ATTACHMENT 2

EXHIBIT B
Annual Payment for Services
November 1, 2010 – October 30, 2011

DMR SOL ENC RSF
Total (Salary
& Benefits)
DIRECTOR PS/ FIRE CHIEF $         29,725 $      46,339 $    156,631 $            ‐     $           232,695 DEPUTY CHIEF (OPERATIONS) $         18,765 $      28,498 $      81,568   $    76,517   $           205,348 DEPUTY CHIEF (ADMINISTRATIVE SERVICES) $         18,765 $      28,498 $      81,568   $    76,517   $           205,348 DEPUTY CHIEF (SUPPORT SERVICES) $         16,962 $      25,760 $      73,730   $    69,165   $           185,617 BATTALION CHIEF (TRAINING) 1 $         17,959 $      27,275 $      78,066   $     73,231   $           196,531 BATTALION CHIEF (3)1 $         54,870 $      83,331 $    238,509   $   223,738   $           600,448 FIRE MARSHAL $         20,185 $      31,467 $    106,364   $            ‐     $           158,016 MANAGEMENT ANALYST   $         15,156 $      23,627 $      79,862   $            ‐     $           118,645 TOTAL $        192,387 $    294,795 $    896,298   $   519,168   $        1,902,648 ENC REVENUE $        102,596 $    158,430 N/A $   153,033 RSF REVENUE $          72,829 $      110,605 $    316,574   N/A SOL REVENUE $          16,962 N/A $      73,730   $    69,165

Cost Allocation DMR SOL ENC RSF
ENC Fire Chief/Fire Marshal/Analyst 12.77% 19.91% 67.31% RSF Battalion Chiefs/ ENC Deputy Chiefs /
SOL Deputy Chief 9.14% 13.88% 39.72% 37.26%
1  Total salary and benefits cost for Rancho Santa Fe FPD Battalion Chiefs does not reflect any possible salary increase effective 7/1/11.

Contract costs are shaded.
2025-06-11 Item #01 - Special Meeting
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1 THIRD AMENDMENT TO

AGREEMENT FOR COOPERATIVE MANAGEMENT SERVICES
This Amendment (“Amendment”) is entered into the 1st day of July, 2018 (“Effective Date”) regarding that certain AGREEMENT FOR COOPERATIVE MANAGEMENT SERVICES dated October 15, 2009 by and between CITY OF DEL MAR, CITY OF ENCINITAS, RANCHO SANTA FE FIRE PROTECTION DISTRICT and the CITY OF SOLANA BEACH (collectively the “Parties”) (“Agreement”).

Recitals
WHEREAS, Section 14 of the Agreement permits amendment of the Agreement by a writing signed by the Parties;
WHEREAS, the Parties agree to amend the Agreement as more fully stated herein.

NOW, THEREFORE, the Parties agree as follows:

1. Section 6.0 (Compensation) in the original agreement is hereby deleted and a revised Section 6.0 (Compensation) provided below is substituted in its place.

6. Compensation. Those PARTIES receiving fire management services agree to pay for the services herein to be performed, during the term of this Agreement. The fees for fire management services shall be calculated using the total actual cost of salaries and benefits for personnel providing the services identified in Exhibit “A” during the term of this Agreement and apportioned to reflect the extent to which the PARTIES utilize fire management services, based on the following formula:
10% equally shared
20% by population (based on the most recent figures from the State of California Department of Finance)
20% by area served
20% by number of annual calls for service (based on the most recent figures from North County Dispatch Joint Powers Authority)
30% by number of fire suppression personnel
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2 The apportionment will be calculated annually using the most recent statistics required for the above-mentioned formula.

The total payment to Parties to render the services described in Exhibit “A” shall be made in quarterly installments.

The compensation provided to the Parties for services herein shall increase each year by the actual increase in salary and benefits of the positions providing the personnel services to that particular party for that fiscal year.

An administrative fee agreeable to all parties will be assessed annually. [Section 6.1 is still in effect without modification]

2. Pursuant to Section 7.2 of the Agreement, the Rancho Santa Fe Fire Protection District has terminated this Agreement without cause and is no longer party to this Agreement.

Effective July 1, 2013, the Parties to the Agreement shall constitute and be defined as the City of Del Mar, City of Encinitas and City of Solana Beach.

3. Exhibit “A” (Description of Services) is hereby deleted and a new Exhibit “A” (Description of Services) attached hereto as Attachment “1" is substituted in its place.

4. Exhibit “B” (Annual Payments for Services) is hereby deleted. The annual payments for services are determined when the final personnel costs and administrative fees are known for the fiscal year and by the cost apportionment method described in Section 6.

The City of Encinitas will distribute a final cost allocation to the Parties reflecting actual costs for providing personnel services for the fiscal year, when final costs are known.

5. This Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

6. Except as specifically provided herein, all terms shall have the same meaning as defined in the Agreement.

7. Except as specifically amended herein, the Agreement shall remain in full force and effect.
[Signatures on Next Page]
2025-06-11 Item #01 - Special Meeting
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3 Executed the first day and year appearing above at San Diego, California.

City of Del Mar
a Municipal Corporation
By: _________________________
Name: ________________________
Its: ___________________________
City of Encinitas
a Municipal Corporation
By: _________________________
Name: ________________________
Its: ___________________________
City of Solana Beach
a Municipal Corporation
By: _________________________
Name: ________________________
Its: ___________________________
2025-06-11 Item #01 - Special Meeting
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4 ATTACHMENT 1

EXHIBIT A
Description of Services
The Encinitas Fire Department will furnish the management services that include the positions of Fire Chief (1), Fire Marshal (1), and Management Analyst (1), to the Cities of Del Mar and Solana Beach in order to manage all Fire Departments. All other Chief Officers may be furnished by any of the three cities.

If there is a change to the allocation of positions noted above, all three cities agree to reevaluate the cost allocation structure.

If the Fire Chief determines that an employee of this management services agreement is being utilized excessively by one party of this agreement, then the Parties agree that all three City Managers shall meet to re-balance the workload or discuss other appropriate remedies.

Cooperatively, said management services shall include the following:

1. Management Services
a. Under the direction and supervision of the City Managers of Del Mar, Encinitas, and Solana Beach, provide broad policy guidance, fire management expertise and leadership to Del Mar, Encinitas, and Solana Beach fire personnel. b. Confer with Del Mar, Encinitas, and Solana Beach Fire Department personnel when required to ascertain the needs and evaluate the efficiency of the services provided by all Departments to their respective citizens. c. As directed by the City Managers, respond to citizen complaints regarding personnel or services, requests for services, and inquires. d. Provide support to major incidents.
e. Promote a harmonious working relationship between fire prevention and suppression personnel of each respective agency while striving to uphold each Fire Department’s Mission Statement.
f. Coordinate assignment and maintenance programs of fire apparatus and equipment.
g. Oversee maintenance program for fire stations and serve as point of contact for fire personnel for facility maintenance or procurement requests. h. Supervise and provide direction when needed for fire prevention, suppression, and EMS activities for the Cities of Del Mar, Encinitas, and Solana Beach. 2025-06-11 Item #01 - Special Meeting
Fire Management Services

5 i. Supervise personnel of the Del Mar, Encinitas, and Solana Beach Fire Departments. Supervise adherence to Del Mar, Encinitas, and Solana Beach Department policies and procedures (i.e. personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operations policies, memorandum of understanding, vacation, and sick leave policies).
j. As directed by the City Managers, attend and represent the Del Mar, Encinitas, and Solana Beach Fire Departments and implement each City’s policies and directives at various local and regional meetings [i.e. City Council (when required), City Manager staff meetings, County Fire Chiefs, North Zone, CSA-17, UDC].
k. Supervise the purchasing of materials and equipment within the budgetary constraints of each Department.
l. Direct the forecast of funds needed for staffing, equipment, materials and supplies.
m. Monitor and approve expenditures and request budget adjustments. n. Provide overhead supervision for safety, command, and control functions on an as needed basis.
o. Provide support personnel dependent upon nature and location of incident for Emergency Operation Center (EOC) activities, during activation. p. Assist in the maintenance of the Cities' emergency plans and coordinate training for each City’s staff.
q. Administer grant programs and submit applications for grants. r. Prepare and review budgets and facilitate cost recovery.

2. Duty Coverage.
a. Provide emergency incident command officer coverage. b. Perform a management role and assume command of field operations as well as direct assigned personnel at the scene of emergencies involving fire, all types of accidents, gas leaks, flooded structures, hazardous materials and life saving and rescue work.
c. Make decisions on the utilization and practical application of agency resources to ensure proper emergency coverage is maintained.
d. Effectuate policies, orders, rules and regulations. Enforce agency rules and regulations and recommend and takes disciplinary action when necessary. e. Assure agency health and safety guidelines are followed, and exercise discretion to ensure a safe working environment is maintained.
f. Respond to incidents requiring a chief officer, when necessary. g. Daily supervision of personnel. Supervise adherence to agency policies and procedures (i.e., personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operations policies, memorandum of understanding, vacation, and sick leave policies, etc.). 2025-06-11 Item #01 - Special Meeting
Fire Management Services

6 h. Conduct morning briefings with all shift personnel at the fire stations. i. Communicate daily activities with each Operations Chief and disseminate critical information.
j. Meet with company officers in each station to explain new orders, answer questions, discuss policies and procedures, and ensure proper awareness of new standards.
k. Receive and relay any pertinent information; deliver interdepartmental mail. l. Perform annual evaluations of company officers assigned to shift and ensure annual evaluations are complete for all members assigned to shift. m. Assist Company Officer with counseling and coaching of subordinates when there is a performance or personnel problem, if necessary. n. Participate in training activities and observe companies as they participate in training/drills.
o. Act as initiating official for investigations and citizen’s complaints; Analyze information obtained and handle as appropriate, or develop a report for further consideration.
p. Maintain records and review RMS reports per developed program. q. Participate in captains’ meetings when on duty.
r. Participate in agency scheduled operations or staff meetings. s. Review FirstWatch response data at the end of every shift. t. Review Monthly Activity Reports.

3. Training Officer
a. Under direction of the Fire Chief, coordinate the training program for the members of the Del Mar, Encinitas, and Solana Beach Fire Departments. b. Prepare and oversee said training program.
c. Monitor required annual training attendance records. d. Ensure annual state and federal training mandates are met. e. Ensure that all firefighters are instructed in the same firefighter techniques (North Zone Operations and Training Manual).
f. Provide training guidance and management to Del Mar, Encinitas, and Solana Beach fire personnel.
g. Establish training standards and develop curriculum and lesson plans. h. Develop a master training schedule including multi-company drills on a regular basis.
i. Training shall include the development of a training academy for new hires. j. Evaluate training effectiveness and periodically review training records for completeness.
2025-06-11 Item #01 - Special Meeting
Fire Management Services

7 k. Represent the Del Mar, Encinitas, and Solana Beach Fire Departments at Zone and County training activities and meetings.
l. Provide oversight of the Department(s) Community Emergency Response Team (CERT) program(s).
m. Oversee firefighter recruitment, testing (including promotional) and hiring. 2025-06-11 Item #01 - Special Meeting
Fire Management Services

1 FOURTH AMENDMENT TO

AGREEMENT FOR COOPERATIVE MANAGEMENT SERVICES
This Amendment (“Amendment”) is entered into the 1st day of July, 2019 (“Effective Date”) regarding that certain AGREEMENT FOR COOPERATIVE MANAGEMENT SERVICES dated October 15, 2009 by and between CITY OF DEL MAR, CITY OF ENCINITAS, RANCHO SANTA FE FIRE PROTECTION DISTRICT and the CITY OF SOLANA BEACH (collectively the “Parties”) (“Agreement”).

Recitals
WHEREAS, Section 14 of the Agreement permits amendment of the Agreement by a writing signed by the Parties;
WHEREAS, the Parties agree to amend the Agreement as more fully stated herein.

NOW, THEREFORE, the Parties agree as follows:

1. Exhibit “A” (Description of Services) is hereby deleted and a new Exhibit “A” (Description of Services) attached hereto as Attachment “1" is substituted in its place.

2. This Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

3. Except as specifically provided herein, all terms shall have the same meaning as defined in the Agreement.

4. Except as specifically amended herein, the Agreement shall remain in full force and effect.
[Signatures on Next Page]
2025-06-11 Item #01 - Special Meeting
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2 Executed the first day and year appearing above at San Diego, California.

City of Del Mar
a Municipal Corporation
By: _________________________
Name: ________________________
Its: ___________________________
City of Encinitas
a Municipal Corporation
By: _________________________
Name: ________________________
Its: ___________________________
City of Solana Beach
a Municipal Corporation
By: _________________________
Name: ________________________
Its: ___________________________
2025-06-11 Item #01 - Special Meeting
Fire Management Services

3 ATTACHMENT 1

EXHIBIT A
Description of Services
The Encinitas Fire Department will furnish the management services that include the positions of Fire Chief (1), Fire Marshal (1), Senior Deputy Fire Marshal (1), and Management Analyst (1), to the Cities of Del Mar and Solana Beach in order to manage all Fire Departments. All other Chief Officers may be furnished by any of the three cities.

If there is a change to the allocation of positions noted above, all three cities agree to reevaluate the cost allocation structure.

If the Fire Chief determines that an employee of this management services agreement is being utilized excessively by one party of this agreement, then the Parties agree that all three City Managers shall meet to re-balance the workload or discuss other appropriate remedies.

Cooperatively, said management services shall include the following:

1. Management Services
a. Under the direction and supervision of the City Managers of Del Mar, Encinitas, and Solana Beach, provide broad policy guidance, fire management expertise and leadership to Del Mar, Encinitas, and Solana Beach fire personnel. b. Confer with Del Mar, Encinitas, and Solana Beach Fire Department personnel when required to ascertain the needs and evaluate the efficiency of the services provided by all Departments to their respective citizens. c. As directed by the City Managers, respond to citizen complaints regarding personnel or services, requests for services, and inquires. d. Provide support to major incidents.
e. Promote a harmonious working relationship between fire prevention and suppression personnel of each respective agency while striving to uphold each Fire Department’s Mission Statement.
f. Coordinate assignment and maintenance programs of fire apparatus and equipment.
g. Oversee maintenance program for fire stations and serve as point of contact for fire personnel for facility maintenance or procurement requests. h. Supervise and provide direction when needed for fire prevention, suppression, and EMS activities for the Cities of Del Mar, Encinitas, and Solana Beach. 2025-06-11 Item #01 - Special Meeting
Fire Management Services

4 i. Supervise personnel of the Del Mar, Encinitas, and Solana Beach Fire Departments. Supervise adherence to Del Mar, Encinitas, and Solana Beach Department policies and procedures (i.e. personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operations policies, memorandum of understanding, vacation, and sick leave policies).
j. As directed by the City Managers, attend and represent the Del Mar, Encinitas, and Solana Beach Fire Departments and implement each City’s policies and directives at various local and regional meetings [i.e. City Council (when required), City Manager staff meetings, County Fire Chiefs, North Zone, CSA-17, UDC].
k. Supervise the purchasing of materials and equipment within the budgetary constraints of each Department.
l. Direct the forecast of funds needed for staffing, equipment, materials and supplies.
m. Monitor and approve expenditures and request budget adjustments. n. Provide overhead supervision for safety, command, and control functions on an as needed basis.
o. Provide support personnel dependent upon nature and location of incident for Emergency Operation Center (EOC) activities, during activation. p. Assist in the maintenance of the Cities' emergency plans and coordinate training for each City’s staff.
q. Administer grant programs and submit applications for grants. r. Prepare and review budgets and facilitate cost recovery.

2. Duty Coverage.
a. Provide emergency incident command officer coverage. b. Perform a management role and assume command of field operations as well as direct assigned personnel at the scene of emergencies involving fire, all types of accidents, gas leaks, flooded structures, hazardous materials and life saving and rescue work.
c. Make decisions on the utilization and practical application of agency resources to ensure proper emergency coverage is maintained.
d. Effectuate policies, orders, rules and regulations. Enforce agency rules and regulations and recommend and takes disciplinary action when necessary. e. Assure agency health and safety guidelines are followed, and exercise discretion to ensure a safe working environment is maintained.
f. Respond to incidents requiring a chief officer, when necessary. g. Daily supervision of personnel. Supervise adherence to agency policies and procedures (i.e., personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operations policies, memorandum of understanding, vacation, and sick leave policies, etc.). 2025-06-11 Item #01 - Special Meeting
Fire Management Services

5 h. Conduct morning briefings with all shift personnel at the fire stations. i. Communicate daily activities with each Operations Chief and disseminate critical information.
j. Meet with company officers in each station to explain new orders, answer questions, discuss policies and procedures, and ensure proper awareness of new standards.
k. Receive and relay any pertinent information; deliver interdepartmental mail. l. Perform annual evaluations of company officers assigned to shift and ensure annual evaluations are complete for all members assigned to shift. m. Assist Company Officer with counseling and coaching of subordinates when there is a performance or personnel problem, if necessary. n. Participate in training activities and observe companies as they participate in training/drills.
o. Act as initiating official for investigations and citizen’s complaints; Analyze information obtained and handle as appropriate, or develop a report for further consideration.
p. Maintain records and review RMS reports per developed program. q. Participate in captains’ meetings when on duty.
r. Participate in agency scheduled operations or staff meetings. s. Review FirstWatch response data at the end of every shift. t. Review Monthly Activity Reports.

3. Training Officer
a. Under direction of the Fire Chief, coordinate the training program for the members of the Del Mar, Encinitas, and Solana Beach Fire Departments. b. Prepare and oversee said training program.
c. Monitor required annual training attendance records. d. Ensure annual state and federal training mandates are met. e. Ensure that all firefighters are instructed in the same firefighter techniques (North Zone Operations and Training Manual).
f. Provide training guidance and management to Del Mar, Encinitas, and Solana Beach fire personnel.
g. Establish training standards and develop curriculum and lesson plans. h. Develop a master training schedule including multi-company drills on a regular basis.
i. Training shall include the development of a training academy for new hires. j. Evaluate training effectiveness and periodically review training records for completeness.
2025-06-11 Item #01 - Special Meeting
Fire Management Services

6 k. Represent the Del Mar, Encinitas, and Solana Beach Fire Departments at Zone and County training activities and meetings.
l. Provide oversight of the Department(s) Community Emergency Response Team (CERT) program(s).
m. Oversee firefighter recruitment, testing (including promotional) and hiring. 2025-06-11 Item #01 - Special Meeting
Fire Management Services

3 EXHIBIT A
Description of Services
The Encinitas Fire Department will furnish the management services that include the positions of Fire Chief (1), Administrative Fire Captain (1), Fire Marshal (1), Senior Deputy Fire Marshal (1), and Management Analyst (1), to the Cities of Del Mar and Solana Beach in order to manage all Fire Departments. All other Chief Officers may be furnished by any of the three cities.

If there is a change to the allocation of positions noted above, all three cities agree to re-evaluate the cost allocation structure.

If the Fire Chief determines that an employee of this management services agreement is being utilized excessively by one party of this agreement, then the Parties agree that all three City Managers shall meet to re-balance the workload or discuss other appropriate remedies.

Cooperatively, said management services shall include the following:

1. Management Services
a. Under the direction and supervision of the City Managers of Del Mar, Encinitas, and Solana Beach, provide broad policy guidance, fire management expertise and leadership to Del Mar, Encinitas, and Solana Beach fire personnel.
b. Confer with Del Mar, Encinitas, and Solana Beach Fire Department personnel when required to ascertain the needs and evaluate the efficiency of the services provided by all Departments to their respective citizens.
c. As directed by the City Managers, respond to citizen complaints regarding personnel or services, requests for services, and inquires. d. Provide support to major incidents.
e. Promote a harmonious working relationship between fire prevention and suppression personnel of each respective agency while striving to uphold each Fire Department’s Mission Statement.
f. Coordinate assignment and maintenance programs of fire apparatus and equipment.
g. Oversee maintenance program for fire stations and serve as point of contact for fire personnel for facility maintenance or procurement requests. 2025-06-11 Item #01 - Special Meeting
Fire Management Services

4 h. Supervise and provide direction when needed for fire prevention, suppression, and EMS activities for the cities of Del Mar, Encinitas, and Solana Beach.
i. Supervise personnel of the Del Mar, Encinitas, and Solana Beach Fire Departments. Supervise adherence to Del Mar, Encinitas, and Solana Beach Department policies and procedures (i.e. personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operations policies, memorandum of understanding, vacation, and sick leave policies).
j. As directed by the City Managers, attend and represent the Del Mar, Encinitas, and Solana Beach Fire Departments and implement each City’s policies and directives at various local and regional meetings [i.e. City Council (when required), City Manager staff meetings, County Fire Chiefs, North Zone, CSA-17, UDC].
k. Supervise the purchasing of materials and equipment within the budgetary constraints of each Department.
l. Direct the forecast of funds needed for staffing, equipment, materials and supplies.
m. Monitor and approve expenditures and request budget adjustments. n. Provide overhead supervision for safety, command, and control functions on an as needed basis.
o. Provide support personnel dependent upon nature and location of incident for Emergency Operation Center (EOC) activities, during activation. p. Assist in the maintenance of the Cities' emergency plans and coordinate training for each City’s staff.
q. Administer grant programs and submit applications for grants. r. Prepare and review budgets and facilitate cost recovery.

2. Duty Coverage
a. Provide emergency incident command officer coverage. b. Perform a management role and assume command of field operations as well as direct assigned personnel at the scene of emergencies involving fire, all types of accidents, gas leaks, flooded structures, hazardous materials and life saving and rescue work.
c. Make decisions on the utilization and practical application of agency resources to ensure proper emergency coverage is maintained. d. Effectuate policies, orders, rules and regulations. Enforce agency rules and regulations and recommend and takes disciplinary action when necessary.
e. Assure agency health and safety guidelines are followed, and exercise discretion to ensure a safe working environment is maintained. f. Respond to incidents requiring a chief officer, when necessary. g. Daily supervision of personnel. Supervise adherence to agency policies and procedures (i.e., personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency 2025-06-11 Item #01 - Special Meeting
Fire Management Services

5 operations policies, memorandum of understanding, vacation, and sick leave policies, etc.).
h. Conduct morning briefings with all shift personnel at the fire stations. i. Communicate daily activities with each Operations Chief and disseminate critical information.
j. Meet with company officers in each station to explain new orders, answer questions, discuss policies and procedures, and ensure proper awareness of new standards.
k. Receive and relay any pertinent information; deliver interdepartmental mail.
l. Perform annual evaluations of company officers assigned to shift and ensure annual evaluations are complete for all members assigned to shift. m. Assist Company Officer with counseling and coaching of subordinates when there is a performance or personnel problem, if necessary. n. Participate in training activities and observe companies as they participate in training/drills.
o. Act as initiating official for investigations and citizen’s complaints; Analyze information obtained and handle as appropriate, or develop a report for further consideration.
p. Maintain records and review RMS reports per developed program. q. Participate in captains’ meetings when on duty.
r. Participate in agency scheduled operations or staff meetings. s. Review FirstWatch response data at the end of every shift. t. Review Monthly Activity Reports.

3. Training Officer
a. Under direction of the Fire Chief, coordinate the training program for the members of the Del Mar, Encinitas, and Solana Beach Fire Departments. b. Prepare and oversee said training program.
c. Monitor required annual training attendance records. d. Ensure annual state and federal training mandates are met. e. Ensure that all firefighters are instructed in the same firefighter techniques (North Zone Operations and Training Manual).
f. Provide training guidance and management to Del Mar, Encinitas, and Solana Beach fire personnel.
g. Establish training standards and develop curriculum and lesson plans. h. Develop a master training schedule including multi-company drills on a regular basis.
i. Training shall include the development of a training academy for new hires.
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6 j. Evaluate training effectiveness and periodically review training records for completeness.
k. Represent the Del Mar, Encinitas, and Solana Beach Fire Departments at Zone and County training activities and meetings.
l. Provide oversight of the Department(s) Community Emergency Response Team (CERT) program(s).
m. Oversee firefighter recruitment, testing (including promotional) and hiring. 2025-06-11 Item #01 - Special Meeting
Fire Management Services

DMR SOL ENC
Total (Salary
& Benefits)
ENC DIRECTOR PS/ FIRE CHIEF--GORDON $ 41,504 $ 73,963 $ 229,081 $ 344,549 ENC BATTALION CHIEF--WILLIAMS $ 29,555 $ 52,669 $ 163,128 $ 245,352 ENC BATTALION CHIEF--POFF $ 29,555 $ 52,669 $ 163,128 $ 245,352 ENC BATTALION CHIEF--CINCOTTA $ 27,320 $ 48,686 $ 150,792 $ 226,798 ENC ADMIN FIRE CAPTAIN - VACANT $ 26,545 $ 47,305 $ 146,514 $ 220,364 ENC FIRE MARSHAL--SCHMIDT $ 25,699 $ 45,797 $ 141,844 $ 213,340 ENC SR. DEPUTY FIRE MARSHAL--VACANT (unfilled) $ - $ - $ - $ - ENC FIRE ADMIN MANAGER (DP, GRANTS)--JIMENEZ $ 21,947 $ 39,112 $ 121,138 $ 182,197 ENC ADMIN BATTALION CHIEF (TRAINING)--SPAULDING $ 30,652 $ 54,623 $ 169,180 $ 254,455 ENC DEPUTY FIRE CHIEF (SUPPORT SERVICES)--SANCHEZ $ 37,010 $ 65,955 $ 204,276 $ 307,241 TOTAL - Salary & Benefits $ 269,788 480,779$ $ 1,489,081 $ 2,239,648 ENC BATTALION CHIEF - WILLIAMS - OVERTIME (20 SHIFTS) $ 3,489 6,217$ $ 19,257 $ 28,963 ENC BATTALION CHIEF - POFF - OVERTIME (20 SHIFTS) $ 3,489 6,217$ $ 19,257 $ 28,963 ENC BATTALION CHIEF - CINCOTTA- OVERTIME (20 SHFITS) $ 3,489 6,217$ $ 19,257 $ 28,963 TOTAL - Salary & Benefits & Overtime $ 280,254 499,431$ $ 1,546,851 $ 2,326,538 ESTIMATE SALARY & BENEFITS ONLY Total
ENC COST RECOVERY $ 269,788 480,779$ N/A $ 750,567
SOL COST RECOVERY -$ N/A -$ -$
ESTIMATE OVERTIME Total
ENC COST RECOVERY $ 10,467 18,652$ -$ $ 29,119
SOL COST RECOVERY -$ -$ -$ -$
TOTA ESTIMATE Total
ENC COST RECOVERY $ 280,254 499,431$ N/A $ 779,686
SOL COST RECOVERY -$ N/A -$ -$
Cost Allocation DMR SOL ENC

12.046% 21.467% 66.487%
ATTACHMENT B - FY 23-24 Budget Estimate - Administrative Fire Captain 2025-06-11 Item #01 - Special Meeting
Fire Management Services