Agenda, regular meeting, second session — Del Mar City Council, October 6, 2025 (part 1 of 2)

Table of Contents
10-6-2025 Regular Meeting Agenda
Item 2 - Minutes
Item 3 - 10.6.25 List of Demands Packet
Item 5 - 2026 Council meeting schedule
Item 6 - KMA and DTA Amendments
Item 7 - Schmidt Design Group Agreement
Item 8 - TSVS Amendments
2 8
15 51
58 91
109
Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California 92014
And via teleconference
Av. Pdte. Kennedy 4700, 7630454 Vitacura, Región Metropolitana, Chile 1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.

Regular Meeting
Monday, October 6, 2025 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings in-person or via written comment (Red Dot). Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda.

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

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

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

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

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

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

Terry Gaasterland
Mayor
Tracy Martinez
Deputy Mayor
Dan Quirk
Council Member
John W. Spelich
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting October 6, 2025
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.

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

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

1. Fairgrounds Master Plan Presentation
Recommended Action: Receive presentation from Del Mar Fairgrounds Chief Executive Officer Carlene Moore
Reference: Clerk’s File No. 307-6
VIII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk.

2. Approval of Minutes: September 22, 2025 Regular and Special Meeting Recommended Action: Approve Minutes.

Del Mar City Council Regular Meeting October 6, 2025
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s Minutes Book

3. Ratification of List of Demands dated October 6, 2025 Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3

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

Reference: Clerk’s File No. 401-4

5. Adoption of the 2026 City Council Meeting Schedule and Proposed 2025 and 2026 City Facility Holiday Closures
Recommended Action: Staff recommends that the City Council: 1) Adopt the Resolution (Attachment A) approving the 2026 City Council Meeting Schedule (Exhibit A to Attachment A) or provide direction to staff regarding changes to the proposed schedule; and 2) Authorize the additional holiday related closures of City Hall and the Public Works Administrative Offices to the public in December 2025 and December 2026.

Reference: Clerk’s File No. 401-1

6. Amendments to As-Needed Economic Impact and Fiscal Analysis Services Agreements
Recommended Action: Staff recommends the City Council: 1) Approve First Amendments to Agreements with Keyser Marston Associates, Inc. (KMA) (Attachment A), and David Taussig and Associates, Inc., (DTA Public Finance, Inc.) (DTA) (Attachment B), for As-Needed Economic Impact and Fiscal Analysis Services (Amendments) extending the terms for an additional two-year period ending October 16, 2027, and adjusting fees for KMA due to inflation; and 2) Authorize the City Manager to execute the Amendments.

Reference: Clerk’s File No. 406-1

7. Agreement with Schmidt Design Group for Shores Park Master Plan Recommended Action: Staff recommends the City Council: 1) Approve a Professional Services Agreement with Schmidt Design Group for a one-year term ending October 5, 2026, with the option to extend the Agreement for an additional one- year period, to complete the Shores Park Master Plan in an amount up to $171,405 (Attachment A); and 2) Authorize the City Manager to execute the Agreement.

Del Mar City Council Regular Meeting October 6, 2025
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 307-8, 406-1
IX. PUBLIC HEARING

8. Re-Introduction of an Ordinance to Amend Municipal Code Chapter 23.50 and Repeal and Replace Chapter 23.51 Related to Trees, Scenic Views, and Sunlight Regulations (A25-001)
Recommended Action: Staff recommends that the City Council introduce an Ordinance (Attachment A) to: 1) Repeal and replace the City’s Trees, Scenic Views, and Sunlight (TSVS) regulations within Del Mar Municipal Code (DMMC) Chapter 23.51; and 2) Amend related code sections of the City’s Tree regulations within DMMC Chapter 23.50 (A25-001).

Reference: Clerk’s File No. 401-4, 401-9
X. COUNCIL MEETING RECESS
XI. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.

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

Del Mar City Council Regular Meeting October 6, 2025
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us A. Del Mar Community Connections (Martinez/Spelich)
B. Del Mar Village Association (Gaasterland/Martinez)
C. Finance Committee (Gaasterland/Spelich)
D. Housing Subcommittee (Gaasterland/Martinez)
E. Human Resources Subcommittee (Gaasterland/Martinez)
F. Legislative Subcommittee (Gaasterland/Martinez)
G. Measure Q Citizen Oversight Committee (Quirk/Gaasterland) H. Parks and Recreation Committee (Martinez/Quirk)
I. Del Mar Railroad Subcommittee (Gaasterland/Martinez) J. Lagoon Committee (Gaasterland/Spelich)
K. Planning Process Subcommittee (Includes Sea-Level Rise Adaptation Plan Implementation (Gaasterland/Spelich)
L. Shores Advisory Committee
M. Sustainability Advisory Committee (Martinez/Gaasterland) N. Traffic and Parking Advisory Committee (Quirk/Spelich) O. Undergrounding Program Advisory Committee (Gaasterland/Spelich) P. Other Committee-Subcommittee Reports
XIII. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.

October 20, 2025
Proclamation for Peter Glaser
SDG&E Presentation - Wildfire Safety & PSPS Preparedness Presentation Townsend Public Affairs Legislative Update
Encroachment Permit 25-075 (1639 Luneta Dr)
Award of Construction Contract for Jimmy Durante Boulevard Bluff Stabilization Project Initial Consideration Setback Seawall Permit SSP25-002
Del Mar City Council Regular Meeting October 6, 2025
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XIV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 1st day of October, 2025 at approximately 4:15 p.m.
___________________________________________ 10/1/2025
Sarah Krietor, Administrative Services Manager/ Date
City Clerk

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 22, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
And via teleconference
8967 W Airport Dr, Spokane, WA
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.

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

ROLL CALL

Present: Mayor Terry Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich (remotely)

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no reportable actions or recusals for the September 22, 2025, Closed Session. All Councilmembers were present and Councilmember Spelich appeared remotely via Zoom.

PLEDGE OF ALLEGIANCE
Mayor Gaasterland led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
Mayor Gaasterland opened public oral communications and Janet Wilson spoke. Mayor Gaasterland closed public oral communications.

CITY COUNCIL COMMUNITY ANNOUNCEMENTS
Mayor Gaasterland reported on her in-laws arriving to visit Del Mar this week.

CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the successful Del Mar Recycles event held on September 13, 2025, which welcomed 100 participants and resulted in 17.42 tons of waste being diverted from the landfill.

CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items. 1 October 6, 2025 Item 2
City Council Regular Minutes
September 22, 2025

Page 2 of 6 ends

IT WAS MOVED BY DEPUTY MAYOR MARTINEZ, SECONDED BY MAYOR GAASTERLAND TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 6, 8, AND 11. (VOTE 4-0) Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

ITEM 1: APPROVAL OF MINUTES: SEPTEMBER 8, 2025 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED SEPTEMBER 22, 2025 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

ITEM 3: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.

ITEM 4: SECOND READING AND ADOPTION OF AN ORDINANCE TO ADOPT THE 2025

CALIFORNIA BUILDING STANDARDS CODE AND LOCAL AMENDMENTS WITHIN CHAPTERS 23.12 AND 23.70 OF THE DEL MAR MUNICIPAL CODE (CLERK’S FILE NO. 401-4, 401-9)
Council adopted Ordinance 1022 “”AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF DEL MAR, CALIFORNIA, AMENDING DEL MAR MUNICIPAL CODE CHAPTER

23.12 (CALIFORNIA CODES FOR CONSTRUCTION) BY AMENDING SECTIONS

23.12.010, 23.12.011, 23.12.012, 23.12.013, 23.12.014, 23.12.020, 23.12.030, 23.12.040,

23.12.050, 23.12.060, 23.12.061, 23.12.062, 23.12.063, 23.12.064, 23.12.065, 23.12.066,

23.12.070, 23.12.080 AND 23.12.090, 23.70.050; BY ADDING NEW SECTIONS

23.12.067 AND 23.12.100; BY ADDING NEW DIVISIONS, DIVISION 8, DIVISION 9 AND DIVISION 10; AND BY DELETING SECTIONS 23.12.018, 23.12.082, 23.12.084 AND ALL RELATING TO APPLICABILITY OF THE 2025 CALIFORNIA BUILDING STANDARDS

CODE AND ASSOCIATED NATIONAL AND STATE BUILDING AND CONSTRUCTION CODES WITHIN THE CITY OF DEL MAR”, on consent.

ITEM 5: SECOND READING AND ADOPTION OF AN ORDINANCE TO ADOPT THE 2025 CALIFORNIA FIRE CODE, 2025 CALIFORNIA WILDLAND URBAN INTERFACE CODE, AND LOCAL AMENDMENTS (CLERK’S FILE NO.401-4, 401-9) Council adopted Ordinance 1023 “AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF DEL MAR, CALIFORNIA, AMENDING DEL MAR MUNICIPAL CODE CHAPTER

10.04 (FIRE PREVENTION) BY AMENDING SECTIONS 10.04.010, 10.04.030,

10.04.040, 10.04.100 AND 10.04.110; BY CONFIRMING THAT THE LOCALLY ADOPTED AMENDMENTS IN EXISTING SECTIONS 10.04.050, 10.04.060, 10.04.070,

10.04.080, 10.04.090, 10.04.120 AND 10.04.130 WILL CONTINUE TO APPLY; BY ADDING NEW SECTIONS 10.04.140 AND 10.04.150; ALL RELATING TO THE APPLICABILITY OF THE 2025 CALIFORNIA BUILDING STANDARDS CODES AND ASSOCIATED STATE FIRE CODE WITHIN THE CITY OF DEL MAR”, on consent. 2 October 6, 2025 Item 2
City Council Regular Minutes
September 22, 2025

Page 3 of 6 ends

ITEM 6: RESOLUTION TO APPROVE ENCROACHMENT PERMIT 25-068 TO RETAIN

EXISTING UNPERMITTED RETAINING WALLS AND TO EXTEND AN EXISTING WALL WITHIN THE PUBLIC RIGHT-OF-WAY AT 610 HOSKA DRIVE (CLERK’S FILE NO. 802-1)
Council adopted Resolution 2025-33 “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING ENCROACHMENT PERMIT 25-068 TO

PERMIT AN EXISTING RETAINING WALL AND EXTEND THE WALL WITHIN PUBLIC RIGHT-OF-WAY ON THE SOUTH SIDE OF THE PROPERTY AT 610 HOSKA DRIVE (APN: 300-251-25-00) IN DEL MAR, CALIFORNIA”, on consent.

COUNCIL MEETING RECESS:

The City Council took a very brief meeting recess from approximately 5:13 to 5:15 p.m.

CITY COUNCIL OTHER BUSINESS
ITEM 7: INITIAL CONSIDERATION OF COURTESY APPEAL PER DMMC 1.12.020 OF PLANNING DIRECTOR’S DETERMINATION- INCOMPLETE APPLICATION STATUS (CDP23-008) SEASIDE RIDGE HOUSING DEVELOPMENT (APPLICANT: CAROL LAZIER) PROPOSED 259 MULTI-UNIT RESIDENTIAL DEVELOPMENT AND DENSITY BONUS REQUEST AT 929 BORDER (APNS: 298-241-06, 298-241-07, AND 299-030- 14) (CLERK’S FILE NO. 301-12)
Mayor Gaasterland provided an overview of the initial consideration procedure.

Council disclosures were as follows: Councilmember Quirk reported no disclosures; Deputy Mayor Martinez had no disclosures and confirmed she was present at a Fair Board meeting where the applicant made comments regarding their project; Councilmember Spelich reviewed the agenda materials and red dots and was present at the Fair Board meeting when the applicant commented on their project; and Mayor Gaasterland reviewed the materials and was present at the Fair Board meeting when the applicant commented on their project.

A staff presentation was provided by Principal Planner Matt Bator. Planning and Community Development Director Karen Brindley and Assistant City Attorney Ralph Hicks were available to answer questions.

A presentation on behalf of the applicant was provided by the applicant’s representative and legal counsel Brooke Miller Special Counsel with Sheppard Mullin.

Council questions focused on clarification related to the square footage of the proposed development as included in the original and subsequent submittals to the City.

There were no public speakers for this item.

Mayor Gaasterland asked whether any Councilmember would like to hold a de novo hearing. There were none. Therefore, Council upheld the Planning and Community Development Director’s determination that the Lazier development application (CDP23-008) status is incomplete. 3 October 6, 2025 Item 2
City Council Regular Minutes
September 22, 2025

Page 4 of 6 ends

ITEM 8: 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 (CLERK’S FILE NO. 406-1)
Council questions focused on timing for completing the stripping and whether the item would return to Council. Council consensus was for staff to return to the City Council with a project briefing prior to going out to bid for the construction contract.

The Council approved a $57,300 Task Order with Michael Baker International for Design Services and authorized the City Manager to execute the Task Order, on consent.

ITEM 9: CONSIDERATION OF SAN DIEGO GAS & ELECTRIC COST AGREEMENT FOR THE CREST CANYON (X1A) UTILITY UNDERGROUNDING DISTRICT (CLERK’S FILE NO. 1001-2)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Principal Engineer Martin Boyd. Public Works Director Joe Bride was available to answer questions. Franchise and Project Management Manager Kelli Fitzgerald with SDG&E provided comments on the project and the related SDG&E costs.

Council questions focused on the reporting for the credit reported by SDG&E; whether temporary poles/cable poles can be reused or credited for a future project; and the credit for overhead equivalent included in the estimate and why contingency is applied.

There were no public speakers for the item.

Council discussion focused on SDG&E project costs across different City undergrounding projects; clarification on the linear feet estimate used by SDG&E which is based on linear feet of trench; whether material costs used by SDG&E are considered proprietary; whether SDG&E has a requirement to seek the lowest cost materials and clarification on whether the competitive bid process used by SDG&E considers cost; other factors considered by SDG&E including reliability and safety; current status of work for Utility Underground District (UUD) 1A due to multi-family sites not being prepared; whether the work currently taking place on 9th Street relates to the undergrounding project; purpose of the cable pole/pull; desire to learn more about cable pulls at a future Undergrounding Program Advisory Committee meeting; and clarification on whether an amendment to the cost agreement related to the overhead equivalent credit is needed.

IT WAS MOVED BY MAYOR GAASTERLAND AND SECONDED BY COUNCILMEMBER SPELICH TO APPROVE THE SDG&E COST AGREEMENT FOR THE CREST CANYON (X1A) UTILITY UNDERGROUNDING DISTRICT WITH A COST OF $2,776,128 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. (VOTE 4-0)
Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
4 October 6, 2025 Item 2
City Council Regular Minutes
September 22, 2025

Page 5 of 6 ends

ITEM 10: UNDERGROUNDING PROGRAM FINANCING UPDATE AND DETERMINATION OF FINAL IBANK LOAN AMOUNT (CLERK’S FILE NO. 203-3, 1001-2) An introduction to the item was provided by City Manager Jones. A presentation was provided by Finance Manager/Treasurer Marco Camacho. City consultants Craig Hill, Managing Principal and Matt DeFilippis, Senior Analyst with NHA Advisors LLC were available to answer questions.

Council questions focused on the loan amount; process for considering future borrowings; amount of debt service payments; when the Council last considered the Undergrounding Program cash flow options; and timing for receiving an update on future cash flows.

There were no public speakers for the item.

Council discussion focused on appreciation to staff and the Undergrounding Program Advisory Committee for their work on this project; whether the City could further reduce the loan amount; clarification on existing City debt and funding source for the debt service; and interest rate for existing IBank loan.

There was Council discussion about timing for City staff to complete an update to the long-term cash flow model for the Undergrounding Program and discussion of next steps and timing for the upcoming 25th Street and Beach Colony Districts. There was Council majority consensus in support of staff bringing this information to the Undergrounding Program Advisory Committee and City Council in spring 2026.

IT WAS MOVED BY COUNCILMEMBER QUIRK AND SECONDED BY MAYOR GAASTERLAND TO RETURN TO COUNCIL SOONER WITH THE CASHFLOW ANALYSIS DISCUSSION (VOTE 1-3 WITH

MAYOR GAASTERLAND, DEPUTY MAYOR MARTINEZ AND COUNCILMEMBER SPELICH

OPPOSED)
Ayes: Councilmembers Quirk; Noes: Mayor Gaasterland; Deputy Mayor Martinez; and Councilmember Spelich; Recuse: 0; Absent: 0; Abstain: 0.

IT WAS MOVED BY COUNCILMEMBER SPELICH AND SECONDED BY MAYOR GAASTERLAND TO APPROVE A $5 MILLION LOAN AMOUNT FOR THE LOAN WITH IBANK TO FUND THE CREST CANYON (UUD X1A) AND STRATFORD COURT NORTH (UUD 1B). (VOTE 4-0) Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

ITEM 11: FIRE MANAGEMENT UPDATE AND CONSIDERATION OF NOTICE REGARDING

EXIT FROM COOPERATIVE AGREEMENT FOR FIRE MANAGEMENT SERVICES (CLERK’S FILE NO. 1101-8)
Council authorized 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, on consent. 5 October 6, 2025 Item 2
City Council Regular Minutes
September 22, 2025

Page 6 of 6 ends

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
City Council representatives reported on the San Diego Association of Governments (SANDAG) Sustainable Community Work Group; SANDAG Regional Planning Committee; San Dieguito River Park JPA; SANDAG Board of Directors; and Ad-Hoc Shores Park Advisory Committee application deadline.

ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 6:55 p.m.

Sarah Krietor, Administrative Services Manager/
City Clerk
6 October 6, 2025 Item 2

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
SEPTEMBER 22, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California 92014
And via teleconference
8967 W Airport Dr, Spokane, WA

CALL TO ORDER
Mayor Terry Gaasterland called the meeting to order at 3:37 p.m.

ROLL CALL

Present: Mayor Terry Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk (arrived at approximately 3:42 p.m.) and John Spelich (remotely)

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

B) Conference with Legal Counsel - Initiation of Litigation Number of Cases: One
Description: Seaside Ridge Project
Authority: Government Code Section 54956.9(d)(4)
Reportable Action: None.

ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 4:24 p.m.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
7 October 6, 2025 Item 2

Vendor Payment Checks $ 132,576.63
Voids (68,195.11)
Electronic Fund Transfers (EFT) 682,577.36
Electronic Wires 117,553.40
Total $ 864,512.28
Approved by: Approved by:

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

Attachments: Check Registers

LIST OF DEMANDS

CITY OF DEL MAR
for
City Council Meeting
October 6, 2025
9/29/25
1 October 6, 2025 Item 3
09/15/2025
Check List
City of Del Mar
1 12:01:35PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7176 9/16/2025 civ02 CIVIC SOLUTIONS INC 106920 9/3/2025 CONSULTING SRVCS AUG 13,920.00 Voucher: 7176 106921 9/3/2025 CONSULTING SRVCS AUG 984.00 14,904.00 7177 9/16/2025 phi01 CLEAN EARTH 72404381711 9/10/2025 HSHLD HAZ WASTE - AUG 461.40 461.40 Voucher: 7177
7178 9/16/2025 coa21 COAST NEWS GROUP 00158413 8/29/2025 AD- PUBLIC HEARING 220.88 Voucher: 7178 00158427 8/29/2025 AD - PUBLIC HEARING 162.75 00158414 8/29/2025 AD- PUBLIC HEARING 147.25
00158497 9/5/2025 AD - PUBLIC HEARING 143.38
00158498 9/5/2025 AD - PUBLIC HEARING 139.50 813.76
7179 9/16/2025 cor07 CORODATA RECORDS MGT INCRS7107060 8/31/2025 STORAGE SRVCS AUG 166.98 166.98 Voucher: 7179
7180 9/16/2025 dev02 DEVANEY PATE MORRIS & CAMERON 10823 8/20/2025 LEGAL FEES JUL 13,147.33 Voucher: 7180 10821 8/20/2025 LEGAL FEES JUL 1,476.65
10825 8/20/2025 LEGAL FEES JUL 902.80
10822 8/20/2025 LEGAL FEES JUL 898.50 16,425.28
7181 9/16/2025 dix01 DIXIELINE LUMBER CO 06-0612332 8/28/2025 OPERATING SUPP PW 50.62 Voucher: 7181 06-0612766 9/2/2025 OPERATING SUPP PW 29.87 91-0276900 6/18/2025 OPERATING SUPP REFUND -8.11
91-0274650 5/7/2025 OPERATING SUPP REFUND -15.14 57.24
7182 9/16/2025 man12 MANERI TRAFFIC CONTROL INC, DBA MTC 24214 9/1/2025 MAINT/REPAIR SUPP PW 826.50 826.50 Voucher: 7182
7183 9/16/2025 mic11 MICHAEL BAKER INTERNATIONAL 1259994 9/5/2025 CITY ENGR SRVCS AUG 4,503.98 4,503.98 Voucher: 7183
7184 9/16/2025 mik03 MIKHAIL OGAWA ENGINEERING12183 9/8/2025 CLEAN WATER SRVCS AUG 27,796.45 Voucher: 7184 12184 9/8/2025 SAN DIEGUITO TMDL AUG 2,512.48 30,308.93 7185 9/16/2025 pru01 PRUDENTIAL OVERALL SUPPLY132332477 8/29/2025 UNIFORMS PW - 8/29 67.22 67.22 Voucher: 7185
7186 9/16/2025 san56 SAN ELIJO JOINT POWERS, AUTHORITY 09032025 9/3/2025 OPERATIONS/MAINT 2Q 311,426.00 311,426.00 Voucher: 7186
7187 9/16/2025 sca12 SCA OF CA LLC CA25001779 8/29/2025 SWEEPING SRVCS AUG 2,954.15 2,954.15 Voucher: 7187
7188 9/16/2025 tru09 TRUE NORTH COMPLIANCE SRVCS DM25-08 9/5/2025 BLDG CODE PC INSP AUG 39,228.39 39,228.39 Voucher: 7188
Page: 1
2 October 6, 2025 Item 3
09/15/2025
Check List
City of Del Mar
2 12:01:35PM
apChkLst Final Page:

Sub total for EFT GENERAL ACCOUNT US BANK: 422,143.83
Page: 2
3 October 6, 2025 Item 3
09/15/2025
Check List
City of Del Mar
3 12:01:35PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140145 9/16/2025 ass03 ASSA ABLOY ENTRANCE SYSTEMS, US INC SEI 1898615 8/29/2025 LOCK REPAIRS CH 3,776.55 Voucher: 140145 SEI 1898633 8/29/2025 LOCK REPAIRS CH 882.25 4,658.80 140146 9/16/2025 sbc03 AT&T 9391059863 9/1/2025 TELEPHONE AUG 666.54 666.54 Voucher: 140146
140147 9/16/2025 coa10 COASTAL LIVESCAN SERVICES43533 8/31/2025 LIVESCAN SRVCS AUG 124.00 124.00 Voucher: 140147
140148 9/16/2025 emc01 EMC CORPORATION 5201674329 9/8/2025 HARDWARE WARRANTY RWL 3,478.81 3,478.81 Voucher: 140148
140149 9/16/2025 gol16 GOLDFARB & LIPMAN LLP 485554 7/14/2025 LEGAL FEES JUN 238.00 Voucher: 140149 483260 5/25/2025 LEGAL FEES APR 136.00 374.00 140150 9/16/2025 jam08 JAMESON KENT HASLAM, DBA WEST COAST COMPANY 1138-3 8/28/2025 PATIO COVER INSTALL CS 1,280.00 1,280.00 Voucher: 140150
140151 9/16/2025 con17 OCCUPATIONAL HEALTH CTRS, OF CALIFORNIA, A MEDICAL 87943493 8/24/2025 EMPLOYEE TESTING AUG 211.00 211.00 Voucher: 140151
140152 9/16/2025 pro24 PROGRESSIVE TECHNOLOGY, SECURITY SYSTEMS, INC 59250 9/1/2025 ALARM MONITORING TH OCT/DEC 162.00 Voucher: 140152 59249 9/1/2025 ALARM MONITORING CH OCT/DEC 162.00 324.00 140153 9/16/2025 rec01 RECON ENVIRONMENTAL INC71822 8/27/2025 CDM SEAWALL 1,481.00 1,481.00 Voucher: 140153
140154 9/16/2025 sdg02 SAN DIEGO GAS & ELECTRIC2100 0065 8024 7 9/5/2025 UTILITIES AUG 815.48 Voucher: 140154 0067 3735 0888 1 9/5/2025 UTILITIES AUG 333.31 0085 7750 3585 7 9/5/2025 UTILITIES AUG 20.60
0096 3381 7034 7 9/5/2025 UTILITIES AUG 19.84
0053 7739 5442 0 9/5/2025 UTILITIES AUG 19.46
0097 5436 8967 5 9/5/2025 UTILITIES AUG 18.90
0066 5491 5032 1 9/3/2025 UTILITIES AUG 11.69
0081 7377 2988 5 9/5/2025 UTILITIES AUG 9,036.47
0066 5491 6833 1 9/5/2025 UTILITIES AUG 5,861.11 16,136.86 140155 9/16/2025 sdg06 SDG&E 09112025 9/11/2025 PERMIT REFUND 501.00 501.00 Voucher: 140155
140156 9/16/2025 sig12 SIGNA DIGITAL SOLUTIONS INCAR-S334520 9/12/2025 COPIER MTC - FINANCE 489.75 489.75 Voucher: 140156
140157 9/16/2025 tei02 TEICHERT ENERGY & UTILITIES GR, DBA: TEICHERT UTILITIES 09032025 9/3/2025 UUD - 1A STRATFORD - JUL 44,830.50 44,830.50 Voucher: 140157
140158 9/16/2025 und01 UNDERGROUND SERVICE ALERT, OF SOUTHERN CALIFORNIA 820250237 9/1/2025 CONT SRVCS AUG 148.00 148.00 Voucher: 140158
Page: 3
4 October 6, 2025 Item 3
09/15/2025
Check List
City of Del Mar
4 12:01:35PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140159 9/16/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83481677 9/4/2025 JANITORIAL SUPPLIES 1,489.55 Voucher: 140159 83467554 8/27/2025 JANITORIAL SUPPLIES 259.43 83466175 8/27/2025 JANITORIAL SUPPLIES 259.43
83201346 5/7/2025 JANITORIAL SUPP REFUND -218.19 1,790.22 140160 9/16/2025 zon02 ZONE TRAFFIC ENGINEERING, CONSULTING INV 24001-05 8/29/2025 TRAFFIC ENGR SRVCS JUL 578.00 578.00 Voucher: 140160
Sub total for GENERAL ACCOUNT US BANK: 77,072.48
Page: 4
5 October 6, 2025 Item 3
09/15/2025
Check List
City of Del Mar
5 12:01:35PM
apChkLst Final Page:
29 checks in this report. Grand Total All Checks: 499,216.31 Page: 5
6 October 6, 2025 Item 3
09/16/25 City of Del Mar
1 5:05PM
VoidCkEP Void Check Posting List Page:

Document #: 914016 Void Date: 08/20/2025 Posting #: 36170 Check #: 7114 Bank code: eusbnk Check Date: 08/19/25
Group: eescalante
Post into: 02/2026 Check amount: 51,225.00
Vendor: bny01 THE BANK OF NY MELLON TRUST CO
Doc Source Account Number Description Amount
disb B 65.2110.0000 A/P GENERAL 51,225.00 CR
disb S* B 65.1100.0000 CASH AND INVESTMENTS 51,225.00 DB disb S* B 72.1160.0000 UNION BANK - GENER 51,225.00 DB
disb S* B 72.1100.0000 CASH AND INVESTMENTS 51,225.00 CR Balance Sheet Totals: 102,450.00 DB 102,450.00 CR Difference: 0.00 S* = Automatic Summary Page: 1
7 October 6, 2025 Item 3
09/16/25 City of Del Mar
2 5:05PM
VoidCkEP Void Check Posting List Page:

Summary Documents
Document #:

Reference:
914017 Date:
65 Posting #: 36170 08/20/25
Post into: 02/2026
Description: disb - FUND 65 SUMMARY
Account Number Description Amount
B 65.1100.0000 Automatic Summary 51,225.00 DB
Balance Sheet Totals: 51,225.00 DB CR Difference:

Document #:

Reference:
914018 Date:
72 Posting #: 36170 08/20/25
Post into: 02/2026
Description: disb - FUND 72 SUMMARY
Account Number Description Amount
B 72.1160.0000 Automatic Summary 51,225.00 DB
B 72.1100.0000 Automatic Summary 51,225.00 CR
Balance Sheet Totals: 51,225.00 DB 51,225.00 CR Difference: 0.00 S* = Automatic Summary Page: 2
8 October 6, 2025 Item 3
09/16/25 City of Del Mar
3 5:05PM
VoidCkEP Void Check Posting List Page:

Fund Debits Credits Difference
Balance Sheet Fund Totals
65 AD 2003-1 OCEAN VIEW/PINES 51,225.00 51,225.00 0.00
72 INVESTMENTS 51,225.00 51,225.00 0.00
S* = Automatic Summary Page: 3
9 October 6, 2025 Item 3
09/16/25 City of Del Mar
4 5:05PM
VoidCkEP Void Check Posting List Page:

Errors / Warnings
Documents with errors :

Documents with warnings :
0 0
S* = Automatic Summary Page: 4
10 October 6, 2025 Item 3
09/16/25 City of Del Mar
1 5:16PM
VoidCkEP Void Check Posting List Page:

Document #: 914024 Void Date: 07/02/2025 Posting #: 36174 Check #: 139811 Bank code: gusbnk Check Date: 07/01/25
Group: eescalante
Post into: 01/2026 Check amount: 3,700.00
Vendor: gcf01 GILBERT CASTRO, DBA GC FENCE CORP
Doc Source Account Number Description Amount
disb B 51.2110.0000 A/P-GENERAL 3,700.00 CR
disb S* B 51.1100.0000 CASH AND INVESTMENTS 3,700.00 DB disb S* B 72.1160.0000 UNION BANK - GENER 3,700.00 DB
disb S* B 72.1100.0000 CASH AND INVESTMENTS 3,700.00 CR Balance Sheet Totals: 7,400.00 DB 7,400.00 CR Difference: 0.00 S* = Automatic Summary Page: 1
11 October 6, 2025 Item 3
09/16/25 City of Del Mar
2 5:16PM
VoidCkEP Void Check Posting List Page:

Summary Documents
Document #:

Reference:
914025 Date:
51 Posting #: 36174 07/02/25
Post into: 01/2026
Description: disb - FUND 51 SUMMARY
Account Number Description Amount
B 51.1100.0000 Automatic Summary 3,700.00 DB
Balance Sheet Totals: 3,700.00 DB CR Difference:

Document #:

Reference:
914026 Date:
72 Posting #: 36174 07/02/25
Post into: 01/2026
Description: disb - FUND 72 SUMMARY
Account Number Description Amount
B 72.1160.0000 Automatic Summary 3,700.00 DB
B 72.1100.0000 Automatic Summary 3,700.00 CR
Balance Sheet Totals: 3,700.00 DB 3,700.00 CR Difference: 0.00 S* = Automatic Summary Page: 2
12 October 6, 2025 Item 3
09/16/25 City of Del Mar
3 5:16PM
VoidCkEP Void Check Posting List Page:

Fund Debits Credits Difference
Balance Sheet Fund Totals
51 WATER 3,700.00 3,700.00 0.00
72 INVESTMENTS 3,700.00 3,700.00 0.00
S* = Automatic Summary Page: 3
13 October 6, 2025 Item 3
09/16/25 City of Del Mar
4 5:16PM
VoidCkEP Void Check Posting List Page:

Errors / Warnings
Documents with errors :

Documents with warnings :
0 0
S* = Automatic Summary Page: 4
14 October 6, 2025 Item 3
09/16/25 City of Del Mar
1 5:34PM
VoidCkEP Void Check Posting List Page:

Document #: 914030 Void Date: 08/20/2025 Posting #: 36176 Check #: 140057 Bank code: gusbnk Check Date: 08/19/25
Group: eescalante
Post into: 02/2026 Check amount: 11,068.03
Vendor: lnc01 L.N. CURTIS & SONS
Doc Source Account Number Description Amount
disb B 01.2110.0000 A/P GENERAL 11,068.03 CR
disb S* B 01.1100.0000 CASH AND INVESTMENTS 11,068.03 DB disb S* B 72.1160.0000 UNION BANK - GENER 11,068.03 DB
disb S* B 72.1100.0000 CASH AND INVESTMENTS 11,068.03 CR Balance Sheet Totals: 22,136.06 DB 22,136.06 CR Difference: 0.00 S* = Automatic Summary Page: 1
15 October 6, 2025 Item 3
09/16/25 City of Del Mar
2 5:34PM
VoidCkEP Void Check Posting List Page:

Summary Documents
Document #:

Reference:
914031 Date:
01 Posting #: 36176 08/20/25
Post into: 02/2026
Description: disb - FUND 01 SUMMARY
Account Number Description Amount
B 01.1100.0000 Automatic Summary 11,068.03 DB
Balance Sheet Totals: 11,068.03 DB CR Difference:

Document #:

Reference:
914032 Date:
72 Posting #: 36176 08/20/25
Post into: 02/2026
Description: disb - FUND 72 SUMMARY
Account Number Description Amount
B 72.1160.0000 Automatic Summary 11,068.03 DB
B 72.1100.0000 Automatic Summary 11,068.03 CR
Balance Sheet Totals: 11,068.03 DB 11,068.03 CR Difference: 0.00 S* = Automatic Summary Page: 2
16 October 6, 2025 Item 3
09/16/25 City of Del Mar
3 5:34PM
VoidCkEP Void Check Posting List Page:

Fund Debits Credits Difference
Balance Sheet Fund Totals
01 GENERAL 11,068.03 11,068.03 0.00
72 INVESTMENTS 11,068.03 11,068.03 0.00
S* = Automatic Summary Page: 3
17 October 6, 2025 Item 3
09/16/25 City of Del Mar
4 5:34PM
VoidCkEP Void Check Posting List Page:

Errors / Warnings
Documents with errors :

Documents with warnings :
0 0
S* = Automatic Summary Page: 4
18 October 6, 2025 Item 3
09/16/25 City of Del Mar
1 5:44PM
VoidCkEP Void Check Posting List Page:

Document #: 914035 Void Date: 01/06/2025 Posting #: 36178 Check #: 139141 Bank code: gusbnk Check Date: 01/03/25
Group: eescalante
Post into: 07/2025 Check amount: 2,077.08
Vendor: sta36 STANDARD PLUMBING SUPPLY CO, DBA MWI PLUMBERS SUPPLY Doc Source Account Number Description Amount
disb B 51.2110.0000 A/P-GENERAL 2,077.08 CR
disb S* B 51.1100.0000 CASH AND INVESTMENTS 2,077.08 DB disb S* B 72.1160.0000 UNION BANK - GENER 2,077.08 DB
disb S* B 72.1100.0000 CASH AND INVESTMENTS 2,077.08 CR Balance Sheet Totals: 4,154.16 DB 4,154.16 CR Difference: 0.00 S* = Automatic Summary Page: 1
19 October 6, 2025 Item 3
09/16/25 City of Del Mar
2 5:44PM
VoidCkEP Void Check Posting List Page:

Summary Documents
Document #:

Reference:
914036 Date:
51 Posting #: 36178 01/06/25
Post into: 07/2025
Description: disb - FUND 51 SUMMARY
Account Number Description Amount
B 51.1100.0000 Automatic Summary 2,077.08 DB
Balance Sheet Totals: 2,077.08 DB CR Difference:

Document #:

Reference:
914037 Date:
72 Posting #: 36178 01/06/25
Post into: 07/2025
Description: disb - FUND 72 SUMMARY
Account Number Description Amount
B 72.1160.0000 Automatic Summary 2,077.08 DB
B 72.1100.0000 Automatic Summary 2,077.08 CR
Balance Sheet Totals: 2,077.08 DB 2,077.08 CR Difference: 0.00 S* = Automatic Summary Page: 2
20 October 6, 2025 Item 3
09/16/25 City of Del Mar
3 5:44PM
VoidCkEP Void Check Posting List Page:

Fund Debits Credits Difference
Balance Sheet Fund Totals
51 WATER 2,077.08 2,077.08 0.00
72 INVESTMENTS 2,077.08 2,077.08 0.00
S* = Automatic Summary Page: 3
21 October 6, 2025 Item 3
09/16/25 City of Del Mar
4 5:44PM
VoidCkEP Void Check Posting List Page:

Errors / Warnings
Documents with errors :

Documents with warnings :
0 0
S* = Automatic Summary Page: 4
22 October 6, 2025 Item 3
09/16/25 City of Del Mar
1 4:52PM
VoidCkEP Void Check Posting List Page:

Document #: 914013 Void Date: 09/16/2025 Posting #: 36169 Check #: 140075 Bank code: gusbnk Check Date: 08/27/25
Group: eescalante
Post into: 03/2026 Check amount: 125.00
Vendor: fir01 FIRE ETC.

Doc Source Account Number Description Amount
disb B 01.2110.0000 A/P GENERAL 125.00 CR
disb S* B 01.1100.0000 CASH AND INVESTMENTS 125.00 DB
disb S* B 72.1160.0000 UNION BANK - GENER 125.00 DB
disb S* B 72.1100.0000 CASH AND INVESTMENTS 125.00 CR
Balance Sheet Totals: 250.00 DB 250.00 CR Difference: 0.00 S* = Automatic Summary Page: 1
23 October 6, 2025 Item 3
09/16/25 City of Del Mar
2 4:52PM
VoidCkEP Void Check Posting List Page:

Summary Documents
Document #:

Reference:
914014 Date:
01 Posting #: 36169 09/16/25
Post into: 03/2026
Description: disb - FUND 01 SUMMARY
Account Number Description Amount
B 01.1100.0000 Automatic Summary 125.00 DB
Balance Sheet Totals: 125.00 DB CR Difference:

Document #:

Reference:
914015 Date:
72 Posting #: 36169 09/16/25
Post into: 03/2026
Description: disb - FUND 72 SUMMARY
Account Number Description Amount
B 72.1160.0000 Automatic Summary 125.00 DB
B 72.1100.0000 Automatic Summary 125.00 CR
Balance Sheet Totals: 125.00 DB 125.00 CR Difference: 0.00 S* = Automatic Summary Page: 2
24 October 6, 2025 Item 3
09/16/25 City of Del Mar
3 4:52PM
VoidCkEP Void Check Posting List Page:

Fund Debits Credits Difference
Balance Sheet Fund Totals
01 GENERAL 125.00 125.00 0.00
72 INVESTMENTS 125.00 125.00 0.00
S* = Automatic Summary Page: 3
25 October 6, 2025 Item 3
09/16/25 City of Del Mar
4 4:52PM
VoidCkEP Void Check Posting List Page:

Errors / Warnings
Documents with errors :

Documents with warnings :
0 0
S* = Automatic Summary Page: 4
26 October 6, 2025 Item 3
09/17/2025
Check List
City of Del Mar
1 3:53:54PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 4162 9/19/2025 per01 PERS Ben181810 9/19/2025 PERS CONTRIBUTIONS: PAYMENT 58,373.52 58,373.52 Voucher: 4162
4163 9/19/2025 irs01 IRS, UNITED STATES TREASURY Ben181812 9/19/2025 FEDERAL TAX: PAYMENT 43,230.48 43,230.48 Voucher: 4163
4164 9/19/2025 edd01 EMPLOYMENT DEVELOPMENT DEPT Ben181814 9/19/2025 STATE TAX: PAYMENT 12,272.91 12,272.91 Voucher: 4164
4165 9/19/2025 per02 PERS 457 Ben181816 9/19/2025 CALPERS 457 DEFERRED COMP: PAYMENT 2,976.49 2,976.49 Voucher: 4165
Sub total for GENERAL ACCOUNT US BANK: 116,853.40
Page: 1
27 October 6, 2025 Item 3
09/17/2025
Check List
City of Del Mar
2 3:53:54PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7189 9/19/2025 mis07 107413 STATE ST BANK & TRUST, MS 107413 PLAN 401A Ben181806 9/19/2025 401A PLAN: PAYMENT 555.16 555.16 Voucher: 7189
7190 9/19/2025 mis08 303845 STATE ST BANK & TRUST, MS 457 PLAN OBI 303845 Ben181798 9/19/2025 MISSION SQUARE 457B: PAYMENT 10,219.99 10,219.99 Voucher: 7190
7191 9/19/2025 mis09 803808 STATE ST BANK & TRUST, MS RHS PLAN OBI 803808 Ben181808 9/19/2025 RETIREMENT HEALTH SAVINGS 3%: PAYMENT 746.96 746.96 Voucher: 7191
7192 9/19/2025 uni21 DEL MAR CITY EMPLOYEES ASSOC. Ben181800 9/19/2025 DMCEA DUES: PAYMENT 286.00 286.00 Voucher: 7192
7193 9/19/2025 nat15 NATIONAL BENEFIT SERVICES, LLC, FLEXIBLE BENEFITS DEPT Ben181804 9/19/2025 SEC. 125 FLEXIBLE SAVINGS ACCT: PAYMENT 1,672.86 1,672.86 Voucher: 7193
7194 9/19/2025 par21 U.S. BANK PARS FFC 6746022400, CITYDELMAR ATTN B BERGMAN Ben181802 9/19/2025 PUBLIC AGENCY RETIREMENT SRVCS: PAYMENT 3,331.30 3,331.30 Voucher: 7194
Sub total for EFT GENERAL ACCOUNT US BANK: 16,812.27
Page: 2
28 October 6, 2025 Item 3
09/17/2025
Check List
City of Del Mar
3 3:53:54PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 8118 9/19/2025 cal62 CALPERS 18034798 8/25/2025 GASB 68 700.00 700.00 Voucher: 8118
Sub total for GENERAL ACCOUNT US BANK: 700.00
Page: 3
29 October 6, 2025 Item 3
09/17/2025
Check List
City of Del Mar
4 3:53:54PM
apChkLst Final Page:
11 checks in this report. Grand Total All Checks: 134,365.67 Page: 4
30 October 6, 2025 Item 3
09/24/2025
Check List
City of Del Mar
1 3:38:39PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7195 9/25/2025 ace02 ACE UNIFORMS LLC VS0130778 9/11/2025 UNIFORMS FIRE 20.06 20.06 Voucher: 7195
7196 9/25/2025 cor23 CORODATA SHREDDING INC DN 1538939 8/31/2025 SHREDDING SRVCS AUG 50.82 50.82 Voucher: 7196
7197 9/25/2025 dix01 DIXIELINE LUMBER CO 06-0613889 9/11/2025 OPERATING SUPP CS 409.02 Voucher: 7197 06-0614604 9/16/2025 MAINT/REPAIR SUPP PW 186.83 06-0614089 9/12/2025 OPERATING SUPP CS 139.25
06-0613915 9/10/2025 SMALL TOOL SUPP PW 94.76
06-0612906 9/3/2025 OPERATING SUPP PW 73.33
06-0612818 9/2/2025 OPERATING SUPP PW 66.19
06-0613026 9/4/2025 OPERATING SUPP PW 15.93
06-0613426 9/8/2025 OPERATING SUPP PW 14.67
06-0614684 9/16/2025 MAINT/REPAIR SUPP PW 13.67
06-0613196 9/5/2025 OPERATING SUPP PW 47.92
06-0613507 9/8/2025 OPERATING SUPP PW 32.17
06-0613730 9/10/2025 OPERATING SUPP PW 27.19
06-0613842 9/10/2025 OPERATING SUPP PW 26.42
06-0613756 9/10/2025 OPERATING SUPP PW 21.52
06-0613608 9/10/2025 OPERATING SUPP PW 18.65 1,187.52
7198 9/25/2025 pac28 PACIFIC MOBILE STRUCTURES INC INV-00479113 10/1/2025 MOBILE OFFICE PW OCT 246.75 246.75 Voucher: 7198
7199 9/25/2025 pit01 PITNEY BOWES GLOBAL FIN SRVCS 3107384186 9/10/2025 EQUIP RENTAL 7/30-10/29 974.94 974.94 Voucher: 7199
7200 9/25/2025 pru01 PRUDENTIAL OVERALL SUPPLY132333648 9/5/2025 MATS PW - 9/5 15.47 Voucher: 7200 132333649 9/5/2025 SHOP TOWELS PW - 9/5 4.41 19.88 7201 9/25/2025 san03 SAN DIEGO COUNTY WATER AUTH. 0825-2 9/9/2025 RAW WATER AUG 233,809.20 233,809.20 Voucher: 7201
7202 9/25/2025 tow05 TOWNSEND PUBLIC AFFAIRS INC 23970 9/1/2025 LEGISLATIVE SRVCS SEP 4,500.00 4,500.00 Voucher: 7202
7203 9/25/2025 wex01 WEX BANK 0498-00-496530-7 9/6/2025 GAS & OIL PW 2,612.09 2,612.09 Voucher: 7203
7204 9/25/2025 gan04 WILLIAM GANDER, DBA RESITEC, LLC DM-RT20250905 9/5/2025 SOLAR MONITORING AUG 200.00 200.00 Voucher: 7204
Page: 1
31 October 6, 2025 Item 3
09/24/2025
Check List
City of Del Mar
2 3:38:39PM
apChkLst Final Page:

Sub total for EFT GENERAL ACCOUNT US BANK: 243,621.26
Page: 2
32 October 6, 2025 Item 3
09/24/2025
Check List
City of Del Mar
3 3:38:39PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140161 9/25/2025 adt02 ADT SECURITY SERVICES 1164563521 9/13/2025 ALARM 1700 COAST OCT/DEC 143.82 143.82 Voucher: 140161
140162 9/25/2025 ame50 AMERICAN MEDICAL RESPONSE DMF09082025-03 9/8/2025 AMBULANCE SUPP FIRE 290.93 290.93 Voucher: 140162
140163 9/25/2025 att10 AT&T, ATTN: CWO CWO-45106 9/18/2025 UG - COST ESTIMATES 500.00 500.00 Voucher: 140163
140164 9/25/2025 aut06 AUTHORS ON WHEELS, ATTN: SARAH SINGER 09222025 9/22/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140164
140165 9/25/2025 azt02 AZTEC LANDSCAPING INC, DBA AZTEC JANITORIAL J2148 8/31/2025 JANITORIAL SRVCS CH AUG 2,564.00 Voucher: 140165 J2149 8/31/2025 JANITORIAL SRVCS PW AUG 501.00 3,065.00 140166 9/25/2025 bab03 BABCOCK LABORATORIES, INCCI50931-10666 9/16/2025 WATER TESTING 635.00 Voucher: 140166 CI50946-10666 9/16/2025 WATER TESTING 198.20 CI50548-10666 9/10/2025 WATER TESTING 60.00 893.20
140167 9/25/2025 bak01 BAKER IRON WORKS INC. 98748 6/20/2025 TRAILER MAINT CS 165.00 165.00 Voucher: 140167
140168 9/25/2025 cal02 CALIFORNIA MUNICIPAL, STATISTICS INC. 25090803 9/8/2025 DEBT STATEMENT FY25 600.00 600.00 Voucher: 140168
140169 9/25/2025 emb02 CHRISTOPHER J GIAQUINTA, DBA EMBROIDERY EXPRESS 872394 9/8/2025 EMBROIDERY SRVCS PW 117.07 117.07 Voucher: 140169
140170 9/25/2025 cin02 CINTAS 5292496601 9/17/2025 FIRST AID KIT SUPP PW 227.07 227.07 Voucher: 140170
140171 9/25/2025 cou03 COUNTY OF SAN DIEGO-A/REC/CLK 09222025 9/22/2025 2025 BLDG & FIRE CODE UPDATE 50.00 50.00 Voucher: 140171
140172 9/25/2025 del06 DEL MAR AUTOMOTIVE SERVICE 50854 9/19/2025 VEHICLE MAINT CS 282.15 282.15 Voucher: 140172
140173 9/25/2025 dun02 DUNN-EDWARDS PAINTS 2082A32587 9/10/2025 PAINT SUPPLIES CS 488.97 488.97 Voucher: 140173
140174 9/25/2025 eri03 ERICSON, DARLA 09102025 9/10/2025 PHCC EVENT REFUND 1,420.00 1,420.00 Voucher: 140174
140175 9/25/2025 fis12 FISHER INTEGRATED INC 2278 9/1/2025 VIDEO STREAMING AUG 550.00 550.00 Voucher: 140175
140176 9/25/2025 glo06 GLOBAL POWER GROUP INC.106459 9/8/2025 PM GENERATOR MAINT CH 986.25 986.25 Voucher: 140176
140177 9/25/2025 int09 GREGORY CONLEY, DBA INTELLIDESIGN LLC 484 9/7/2025 SCADA MAINT AUG 143.11 143.11 Voucher: 140177
Page: 3
33 October 6, 2025 Item 3
09/24/2025
Check List
City of Del Mar
4 3:38:39PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140178 9/25/2025 hom01 HOME DEPOT CREDIT SRVCS6035 3225 0103 77608/28/2025 OPER/MAINT SUPP PW 1,524.72 1,524.72 Voucher: 140178
140179 9/25/2025 hcu01 MG TRUCK & FLEET/ALEX MARTINEZ, HCU HIDDEN CITY UPFITTERS 012506 9/9/2025 VEH MAINT/REPAIR PW 1,205.00 1,205.00 Voucher: 140179
140180 9/25/2025 mis12 MISSION ELECTRIC SUPPLY, INC. 538360-00 9/10/2025 ELECTRICAL SUPP PW 157.69 Voucher: 140180 538360-01 9/10/2025 ELECTRICAL SUPP PW 126.15 283.84 140181 9/25/2025 mun12 MUNICIPAL RESOURCE GRP LLC 250960 9/17/2025 COACHING CLASS 5,875.00 Voucher: 140181 250961 9/17/2025 ASSESSMENT SRVCS 1,750.00 7,625.00 140182 9/25/2025 boh02 NANCY K. BOHL INC. DBA:, THE COUNSELING TEAM INTL INV106132 9/8/2025 EAP SERVICES SEP 390.00 390.00 Voucher: 140182
140183 9/25/2025 par35 PARADIGM MECHANICAL CORP, SAN DIEGO REFRIGERATION 113249 9/16/2025 HVAC SRVCS CH 2,062.00 2,062.00 Voucher: 140183
140184 9/25/2025 fir12 PAUL ROTTENBERG, DBA FIRESTATS LLC 2025-254 8/21/2025 FIRE STATS PROG JUL 125.00 Voucher: 140184 2025-279 9/14/2025 FIRE STATS PROG AUG 125.00 250.00 140185 9/25/2025 rcp01 RCP BLOCK & BRICK INC. 33455108 9/10/2025 FLAGSTONE PW 105.93 Voucher: 140185 33456614 9/11/2025 FLAGSTONE PW 34.60 140.53 140186 9/25/2025 san107 SAN DIEGO DIVERS 6178 8/30/2025 DIVE EQUIP MAINT 270.45 Voucher: 140186 2992 9/14/2024 DIVE EQUIP MAINT CS 15.00 285.45 140187 9/25/2025 sdg02 SAN DIEGO GAS & ELECTRIC0066 5392 2766 7 9/5/2025 UTILITIES AUG 1,468.31 Voucher: 140187 0069 0908 1676 1 9/5/2025 UTILITIES AUG 425.84 0092 4576 5583 8 9/12/2025 UTILITIES AUG 167.00
0099 5222 5392 9 9/3/2025 UTILITIES AUG 16.76 2,077.91
140188 9/25/2025 sig12 SIGNA DIGITAL SOLUTIONS INC41781501 9/23/2025 COPIER CH SEP 812.64 812.64 Voucher: 140188
140189 9/25/2025 sou08 SOUTHWEST SIGNAL SERVICE84492 8/31/2025 SIGNAL MAINT - AUG 490.42 Voucher: 140189 84495 8/31/2025 TRAFFIC SIGNAL MAINT/REP AUG 111.58 84493 8/31/2025 TRAFFIC SIGNAL MAINT/REP AUG 55.79
84494 8/31/2025 TRAFFIC SIGNAL MAINT REP AUG 15.57 673.36 140190 9/25/2025 con10 STATE CONTROLLER'S OFFICE, DEPT ACCOUNTING OFFICE FTB-00007989 5/7/2025 FTB OFFSETS 2024 537.30 537.30 Voucher: 140190
140191 9/25/2025 ste29 STEED, CHLOE 09102025 9/10/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140191
Page: 4
34 October 6, 2025 Item 3
09/24/2025
Check List
City of Del Mar
5 3:38:39PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140192 9/25/2025 ter11 TERMINIX COMMERCIAL 463550555 9/5/2025 PEST CONTROL CH - SEP 159.00 Voucher: 140192 461261302 7/1/2025 PEST CONTROL CH - JUL 159.00 460821719 6/18/2025 PEST CONTROL PW - JUN 140.98
461260020 7/1/2025 PEST CONTROL PHCC - JUL 128.26
463550678 9/5/2025 PEST CONTROL LIBRARY - SEP 113.26
461263907 7/1/2025 PEST CONTROL LIBRARY - JUL 113.26
463550456 9/5/2025 PEST CONTROL PHCC - SEP 109.18
461260075 7/1/2025 PEST CONTROL CS - JUL 109.18 1,032.12 140193 9/25/2025 ter01 TERMINIX INT CO LTD, PARTNERSHIP 463942448 9/16/2025 PEST CONTROL PW - SEP 140.98 Voucher: 140193 463550402 9/5/2025 PEST CONTROL CS - SEP 128.26 269.24 140194 9/25/2025 hum06 THE HUMAN TRAFFICKING LEGAL CT 09102025 9/10/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140194
140195 9/25/2025 usb03 US BANK CORP PYMT SYSTEMS 4246 0445 5565 02038/22/2025 US BANK CHARGES AUG 19,233.37 19,233.37 Voucher: 140195
140196 9/25/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83513112 9/17/2025 JANITORIAL SUPPLIES 342.71 Voucher: 140196 83511428 9/16/2025 JANITORIAL SUPPLIES 194.58 83515155 9/18/2025 JANITORIAL SUPPLIES 47.89
83514663 9/17/2025 JANITORIAL SUPPLIES 43.50
83509953 9/16/2025 JANITORIAL SUPPLIES 1,521.95
83513106 9/17/2025 JANITORIAL SUPPLIES 965.06
83496922 9/10/2025 JANITORIAL SUPPLIES 854.00
83496904 9/10/2025 JANITORIAL SUPPLIES 381.41 4,351.10
140197 9/25/2025 act03 WILLIAMS SCOTSMAN INC 9024570017 9/12/2025 MOB OFFICE HVAC SRVCS 271.88 Voucher: 140197 9024581601 9/15/2025 MOBILE OFFICE PW OCT 156.12 428.00 Sub total for GENERAL ACCOUNT US BANK: 55,504.15
Page: 5
35 October 6, 2025 Item 3
09/24/2025
Check List
City of Del Mar
6 3:38:39PM
apChkLst Final Page:
47 checks in this report. Grand Total All Checks: 299,125.41 Page: 6
36 October 6, 2025 Item 3
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Kseniia Izgarskaia, Senior Management Analyst
Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: October 6, 2025
SUBJECT: Adoption of the 2026 City Council Meeting Schedule and Proposed 2025 and 2026 City Facility Holiday Closures
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Adopt the Resolution (Attachment A) approving the 2026 City Council Meeting Schedule (Exhibit A to Attachment A) or provide direction to staff regarding changes to the proposed schedule; and 2) Authorize the additional holiday related closures of City Hall and the Public Works Administrative Offices to the public in December 2025 and December 2026.

BACKGROUND:

Del Mar Municipal Code (DMMC) Section 2.20.040(A) states that, “Regular meetings of the City Council shall be held on the first and third Monday of each month,” and further states that, “The City Council may, by resolution, designate another date, time, and location for a regular meeting.” The DMMC, and the procedures adopted by the City Council through Resolution 2009-40, require the City Council to annually adopt a meeting schedule for the upcoming calendar year, identify any regular meeting dates to be cancelled, and designate any new dates as regular meetings.

Additionally, City facilities are closed each year in December and January for the following designated City holidays: Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day. In past years, the City Council authorized staff to close City facilities for additional days around holidays when it is practical to do so.

For several years, City Hall and the Public Works Administrative Office have been closed to the public between the Christmas and New Year’s holidays. This closure takes into account normal paid City holidays and includes additional non-paid days between Christmas and New Years, which is historically a very slow time of year for the City.

DISCUSSION/ANALYSIS:

The proposed 2026 City Council Meeting Schedule is included as Exhibit A to Attachment A. The 2026 City Council Meeting Calendar is included as Attachment B and visually displays the 1 October 6, 2025 Item 5
City Council Agenda Report
2026 City Council Meeting Schedule and 2025 and 2026 Holiday Closures October 6, 2025

Page 2 of 3 ends

meeting schedule in a calendar format. If the City Council finds that additional meetings are needed during the calendar year, the Council can add meetings by scheduling a special meeting or adjourning a regular meeting to a new date.

Proposed Changes to the 2026 Regular Meeting Schedule
Typically, the City Council meets twice per month in accordance with the schedule described in the DMMC as referenced above. However, it is not uncommon for the Council to modify the meeting schedule, when necessary, which is usually related to holidays. As such, staff proposes the following changes to the 2026 City Council Meeting Schedule:
1) Based on the City Council’s regular meeting schedule, the second meeting of January would fall on January 19, 2026. However, this is an observed City Holiday (Martin Luther King Day) when City offices are closed. Therefore, staff recommends that the City Council hold the second meeting of the month on Tuesday, January 20, 2026. 2) The second meeting of February would fall on February 16, 2026, which is also an observed City Holiday (President’s Day). Staff recommends that the City Council hold the second meeting of the month on Tuesday, February 17, 2026. 3) Traditionally, the City Council takes a month-long summer recess, which historically took place between July and August. For the past two years, the City Council shifted the recess period earlier and took a recess from the second half of July through the first half of August. This was because several other cities and regional organizations, including the Del Mar Fairgrounds, typically take recesses in July and August, which coincides with the traditional school year summer break when many staff like to take scheduled time off.

This change worked well in 2024 and 2025; therefore, staff recommends continuing the practice in 2026 by forgoing the second regularly scheduled meeting in July (July 20) and first regularly scheduled meeting in August (August 3), resuming the meetings on August 17, 2026.

If the City Council finds that a meeting is needed during the Council summer recess, the Council can call a special meeting, which has been the case on occasion in prior years as urgent City matters may arise.
4) The first meeting of September would fall on September 7, 2026, which is an observed City Holiday (Labor Day). Staff recommends that the City Council hold the first meeting of the month on Tuesday, September 8, 2026.
5) In accordance with City Council Policy 107, no City Council meeting shall be scheduled the day prior to the Municipal Election, which will be held on November 3, 2026. Additionally, the City will observe the Thanksgiving holidays on November 26 and 27, 2026. In accordance with Policy 107 and to avoid holding Council meetings on the Thanksgiving week, staff recommends that the City Council hold only one meeting in November on Monday, November 16, 2025. This is consistent with past City practices.
2 October 6, 2025 Item 5
City Council Agenda Report
2026 City Council Meeting Schedule and 2025 and 2026 Holiday Closures October 6, 2025

Page 3 of 3 ends

Special Meetings
The City Council typically holds a Goals and Priorities Workshop in the first part of the calendar year. Once the Mayor and Deputy Mayor are seated for 2026, staff will schedule a meeting to discuss possible dates and a format for the 2026 Council Goals and Priorities Workshop, which will be presented Council for discussion and feedback prior to scheduling.

In past election years, the City Council has called a special meeting to certify election results in December if the certified election results were not received from the County of San Diego Registrar of Voters in time to be certified at a regularly scheduled Council meeting. Staff anticipates that the certified election results will be available prior to the proposed December 21, 2026, City Council meeting. However, if they are not available for that meeting, a special meeting will be required.

Proposed 2025 and 2026 City Facility Holiday Closures
In 2025, the designated paid City holidays fall on December 24 (Wednesday), 25 (Thursday), 31 (Wednesday), and January 1 (Thursday). Based on the closures of City Hall and the Public Works Administrative Office in past years between Christmas and New Years with minimal impact to the public, staff proposes additional non-paid closure days on December 26 (Friday), 29 (Monday), 30 (Tuesday), 2025, and reopen for remote services on January 2 (Friday), 2026. City Hall would reopen for full in-person services on Monday, January 5, 2026.

In 2026, the designated paid City holidays fall on December 24 (Thursday), 25 (Friday), 31 (Thursday), and January 1 (Friday). Staff proposes additional non-paid closure days on December 28 (Monday), 29 (Tuesday), and 30 (Wednesday), 2026. City Hall would reopen to the public on Monday, January 4, 2027.

If the recommendation is approved by the City Council, staff that choose to work on the additional non-paid closure days can do so or they would be able to use accrued leave and take additional time off. Although the City Hall and Public Works Offices would be closed to the public, City field operations would continue as normal and beach maintenance, public safety, parking enforcement, and public works field staff would still provide a standard level of service to the public during that time.

As in past years, if approved, staff will notify the public of the closure dates via several channels, such as sending out eblasts and including in the Del Mar Weekly, posting the dates on the City website calendar, posting signs on the City Hall front doors, making announcements at the December Council meetings, noting the close on Google, and providing notifications through the City’s social media.

FISCAL IMPACT:

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

ATTACHMENTS:

Attachment A – Resolution Adopting the 2026 City Council Meeting Schedule Exhibit A to Attachment A - 2026 City Council Meeting Schedule Attachment B – Proposed 2026 City Council Meeting Calendar 3 October 6, 2025 Item 5
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, DESIGNATING REGULAR MEETINGS OF
THE CITY COUNCIL FOR THE 2026 CALENDAR YEAR
WHEREAS, Del Mar Municipal Code Section 2.20.040 Regular Meetings, Subsection A, states that “Regular” meetings of the City Council shall be held on the first and third Monday of each month in the City Council Chambers; and WHEREAS, Del Mar Municipal Code Section 2.20.040 Regular Meetings, Subsection B, states that “The City Council may, by resolution, designate another date, time, and location for a regular meeting;” and
WHEREAS, Council adopted Resolution No. 2009-40 establishing procedures for setting the Council meeting schedule on an annual basis; and WHEREAS, it is important that the public know and understand when the City Council will conduct its regular meetings; and
WHEREAS, it is also important that there be flexibility in the schedule of regular meetings in order to complete the City’s business.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the City Council hereby designates the dates and times and location for the regular City Council meetings for the 2026 calendar year pursuant to the Del Mar Municipal Code as described in Exhibit A to this Resolution, and directs the City Clerk to post the adopted schedule at City Hall and on the City’s website.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 6th day of October 2025. _____________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:

Leslie E. Devaney, City Attorney
City of Del Mar
4 October 6, 2025 Item 5
Resolution No. 2025-XX

Page 2 of 2 ends

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2025-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 6th day of October 2025, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 October 6, 2025 Item 5
City of Del Mar
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us 2026 City Council Meeting Schedule
Regular Meetings are held at the Del Mar Town Hall, 1050 Camino del Mar, Del Mar, or remotely if there is a declared emergency, at 4:30 p.m. on the date shown, unless otherwise noted on the published agenda. Special Meetings and/or City Council Workshops may be held in an alternate location or remotely during if there is a declared emergency.

DATE MEETING TYPE
Monday, January 5, 2026 Regular
Tuesday, January 20, 2026 Regular
Monday, February 2, 2026 Regular
Tuesday, February 17, 2026 Regular
Monday, March 2, 2026 Regular
Monday, March 16, 2026 Regular
Monday, April 6, 2026 Regular
Monday, April 20, 2026 Regular
Monday, May 4, 2026 Regular
Monday, May 18, 2026 Regular
Monday, June 1, 2026 Regular
Monday, June 15, 2026 Regular
Monday, July 6, 2026 Regular
Monday, August 17, 2026 Regular
Tuesday, September 8, 2026 Regular
Monday, September 21, 2026 Regular
Monday, October 5, 2026 Regular
Monday, October 19, 2026 Regular
Monday, November 16, 2026 Regular
Monday, December 7, 2026 Regular
Monday, December 21, 2026 Regular
Adopted by Resolution 2025-XX
6 October 6, 2025 Item 5

S M T W T F S S M T W T F S S M T W T F S
1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7
4 5 6 7 8 9 10 8 9 10 11 12 13 14 8 9 10 11 12 13 14
11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 22 23 24 25 26 27 28 25 26 27 28 30 31 29 30 31

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 1 2 1 2 3 4 5 6
5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13
12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27 26 27 28 29 30 24 25 26 27 28 29 30 28 29 30
31 S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 1 1 2 3 4 5
5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12
12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30
30 31

S M T W T F S S M T W T F S S M T W T F S
1 2 3 1 2 3 4 5 6 7 1 2 3 4 5
4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12
11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 27 28 29 30 31 29 30 27 28 29 30 31
Key:

City Council Meeting
City Holiday
Special Meetings: City Council Goals and Priorities Setting Workshop - TBD Approved 10/6/2025
October November December
January February March
April May June
2026 Del Mar City Council Meeting Calendar
July August September
7 October 6, 2025 Item 5
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Nestor Machado, Management Analyst
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: October 6, 2025
SUBJECT: Amendments to As-Needed Economic Impact and Fiscal Analysis Services Agreements
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Approve First Amendments to Agreements with Keyser Marston Associates, Inc. (KMA) (Attachment A), and David Taussig and Associates, Inc., (DTA Public Finance, Inc.) (DTA) (Attachment B), for As-Needed Economic Impact and Fiscal Analysis Services (Amendments) extending the terms for an additional two-year period ending October 16, 2027, and adjusting fees for KMA due to inflation; and 2) Authorize the City Manager to execute the Amendments.

BACKGROUND:

On October 17, 2022, the City of Del Mar entered into three-year agreements with KMA and DTA (Attachment C) to provide as-needed economic impact and fiscal analysis services related to public and private development projects, policy and code development, and technical assistance. Since the approval of those agreements, both firms have assisted City staff with economic studies, data collection, feasibility analysis, and economic analysis on various City projects.

More notably, KMA assisted City staff with an assessment of the economic viability of programs within the 6th Cycle Housing Element implementation. DTA assisted City staff with collecting data to identify the number of short-term rentals operating in Del Mar in 2023, which included the preparation of a report of all STRs in the City of Del Mar at the time. The work performed by both firms to date met or exceeded the City’s expectations.

DISCUSSION/ANALYSIS:

The initial three-year term of the current agreements is set to expire on October 17, 2025.

Section 2.1 of the agreements allows for a two-year extension to the term based on satisfactory performance and mutual agreement between the parties. While neither firm is currently working on tasks for the City, it is recommended to continue having both firms available on an as-needed basis should projects arise that require their specific services. 1 October 6, 2025 Item 6
City Council Agenda Report
First Amendments to Economic Impact and Fiscal Analysis Agreements October 6, 2025

Page 2 of 2 ends

The current Agreement with KMA does not provide for adjustments to fees during the term of the contract. Due to escalating labor costs resulting from inflation and a competitive labor market, KMA requested a 5% Consumer Price Index (CPI) increase for the fourth year of the extended term, and a 3% CPI increase for the fifth year of the extended term, as indicated in Exhibit A to Attachment A. The proposed fee schedule submitted by KMA was evaluated to ensure the revised fees remain in line with current market rates for the services to be provided.

The Amendments to the Agreements include a two-year term adjustment for both firms, and the Amendment with KMA additionally adjusts fees as described above. DTA’s fees for service will remain the same through the end of the two-year amendment period.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. Sufficient funds for economic impact and fiscal analysis consultant services are available in the adopted Fiscal Year 2025-2026 and 2026-2027 Operating and Capital Budget for various Tier 1 and Tier 2 planning projects.

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.

ATTACHMENTS:

Attachment A – First Amendment to Agreement with KMA
Exhibit A to Attachment A – Updated Fee Schedule from KMA Attachment B – First Amendment to Agreement with DTA
Attachment C – Original Agreements with the Firms
2 October 6, 2025 Item 6

FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF DEL MAR AND KEYSER MARSTON ASSOCIATES INC.

FOR AS-NEEDED ECONOMIC IMPACT AND FISCAL ANALYSIS SERVICES THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 17th day of October, 2025, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and Keyser Marston Associates, Inc. (“Consultant”) (collectively “Parties”).

RECITALS
WHEREAS, on October 17, 2022, the City and Consultant entered into an Agreement establishing the terms and conditions for Consultant to provide economic impact and fiscal analysis services to the City for a three-year period terminating October 17, 2025; and
WHEREAS, the Parties now desire to extend the term of the Agreement for an additional two-year period; and
WHEREAS, the Parties now desire to amend the compensation rates for services included in Exhibit B of the Agreement to provide for a 5% Consumer Price Index (CPI) increase for the fourth year of the extended term, and a 3% CPI increase for the fifth year of the extended term, as indicated in Exhibit A to this First Amendment; and WHEREAS, the First Amendment is necessary in order to extend the term of the Agreement and to amend the fee schedule for services.

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

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

2. DURATION OF AGREEMENT

2.1 Term, Time for Performance. The term of the Agreement is for a period commencing on October 17, 2022, and terminating October 16, 2027, (“Termination Date”) unless terminated earlier as set forth herein.

Section 2. The fee schedule in Exhibit B to the Agreement (“Fee Schedule”) is hereby removed and replaced by the new fee schedule included with this First Amendment as Exhibit A.

Section 3. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.

Attachment A 3 October 6, 2025 Item 6
City of Del Mar
First Amendment to Keyser Marston Agreement – Economic Impact and Fiscal Analysis Services

Page 2 of 2 ends

IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager
KEYSER MARSTON ASSOCIATES, INC.

By:

Linnie A. Gavino, Senior Principal
ATTEST:

By:

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

By:

Leslie E. Devaney, City Attorney
Attachment A 4 October 6, 2025 Item 6
Keyser Marston Associates, Inc. Billing Rates

PUBLIC SECTOR HOURLY RATES
YEAR 4 YEAR 5
CHAIRMAN, PRESIDENT, MANAGING PRINCIPALS* $305.00 $314.00 SENIOR PRINCIPALS* $295.00 $304.00
PRINCIPALS* $275.00 $283.00
MANAGERS* $245.00 $252.00
SENIOR ASSOCIATES $205.00 $211.00
ASSOCIATES $185.00 $191.00
SENIOR ANALYSTS $170.00 $175.00
ANALYSTS $145.00 $149.00
TECHNICAL STAFF $105.00 $108.00
ADMINISTRATIVE STAFF $90.00 $93.00
Directly related job expenses not included in the above rates include auto mileage, parking, taxis/ride shares, air fares, car rentals, lodging, meals, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110% of cost.

Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date.
* Rates for individuals in these categories will be increased by 50% for time spent in court testimony.

Exhibit A to Attachment A 5 October 6, 2025 Item 6

FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF DEL MAR AND DTA PUBLIC FINANCE, INC.

FOR AS-NEEDED ECONOMIC IMPACT AND FISCAL ANALYSIS SERVICES THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 17th day of October, 2025, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and DTA Public Finance, Inc. (“Consultant”) (collectively “Parties”).

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

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

2. DURATION OF AGREEMENT

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

IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.

Attachment B 6 October 6, 2025 Item 6
City of Del Mar
First Amendment to DTA Public Finance Agreement – Economic Impact and Fiscal Analysis Services

Page 2 of 2 ends

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager
DTA PUBLIC FINANCE, INC.
a California Corporation
By: ___
Kelly Wright, Chief Executive Officer
ATTEST:

By:

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

By:

Leslie E. Devaney, City Attorney
Attachment B 7 October 6, 2025 Item 6
Attachment C 8 October 6, 2025 Item 6
Attachment C 9 October 6, 2025 Item 6
Attachment C 10 October 6, 2025 Item 6
Attachment C 11 October 6, 2025 Item 6
Attachment C 12 October 6, 2025 Item 6
Attachment C 13 October 6, 2025 Item 6
Attachment C 14 October 6, 2025 Item 6
Attachment C 15 October 6, 2025 Item 6
Attachment C 16 October 6, 2025 Item 6
Attachment C 17 October 6, 2025 Item 6
Attachment C 18 October 6, 2025 Item 6
Attachment C 19 October 6, 2025 Item 6
Attachment C 20 October 6, 2025 Item 6
Attachment C 21 October 6, 2025 Item 6
Attachment C 22 October 6, 2025 Item 6
Attachment C 23 October 6, 2025 Item 6
Attachment C 24 October 6, 2025 Item 6
Attachment C 25 October 6, 2025 Item 6
Attachment C 26 October 6, 2025 Item 6
Attachment C 27 October 6, 2025 Item 6
Attachment C 28 October 6, 2025 Item 6
Attachment C 29 October 6, 2025 Item 6
Attachment C 30 October 6, 2025 Item 6
Attachment C 31 October 6, 2025 Item 6
Attachment C 32 October 6, 2025 Item 6
Attachment C 33 October 6, 2025 Item 6
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Clem Brown, Assistant City Manager
Ashlea Houston, Management Analyst
Via Ashley Jones, City Manager
DATE: October 6, 2025
SUBJECT: Agreement with Schmidt Design Group for Shores Park Master Plan REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Approve a Professional Services Agreement with Schmidt Design Group for a one-year term ending October 5, 2026, with the option to extend the Agreement for an additional one-year period, to complete the Shores Park Master Plan in an amount up to $171,405 (Attachment A); and 2) Authorize the City Manager to execute the Agreement.

BACKGROUND:

On June 16, 2025, the City Council reinitiated the Shores Park master planning process after being on hold since 2019. At the meeting, staff reviewed the project’s history and provided recommendations for next steps, which included the need to execute a new contract with the Schmidt Design Group (Schmidt) to complete the Master Plan (https://www.delmar.ca.us/DocumentCenter/View/10053/06162025-Item-12---ResumeShores-Park-Master-Planning).

On September 8, 2025, the City Council reaffirmed the guiding principles and preferred park amenities for the Shores Park Master Plan, established the Shores Park Master Plan Ad-hoc Advisory Committee (Shores Committee) to advise on the completion of the Master Plan, and appointed Council Liaisons (Mayor Gaasterland and Councilmember Spelich) to the committee. The Council also directed staff to work with the consultant to evaluate options for a shared or separate off-leash dog area and potential relocation of the Alvarado House from its current location at the Fairgrounds into the updated design concepts for the Master Plan.

Staff explained that they would return to Council at an upcoming meeting with a revised scope of work and agreement with Schmidt to complete the Master Plan that incorporates this direction (https://www.delmar.ca.us/DocumentCenter/View/10109/08082025-Item-9- Guiding-Principles-and-Preferred-Park-Amenities).
1 October 6, 2025 Item 7
City Council Agenda Report
Shores Park Master Plan Consultant Agreement
October 6, 2025

Page 2 of 3 ends

DISCUSSION/ANALYSIS:

Schmidt Design Group has prepared a scope of work (Exhibit A to Attachment A) to complete Phase III - “Create” of the master planning process. Schmidt will utilize the original design team that completed the project’s prior work between 2014 and 2019 before the project was deferred. This team will review all previous studies, community feedback, and Council direction to build on the goals established during the initial outreach and design phases.

Due to their prior work on the project and satisfactory performance, there is sufficient justification to exempt the agreement from public biding requirements under Del Mar Municipal Code Section 7.04.090.V, Exemption from Bidding. Re-bidding completion of the Master Plan and potentially awarding an agreement to another firm puts the City at risk of duplicating prior work, inefficiencies, and incurring higher overall costs.

Master Plan Alternatives
Task 1 of the scope of work includes the development of master plan alternatives. As directed by Council on September 8, Schmidt will develop a total of three master plan alternatives that reflect the guiding principles, current site conditions, and preferred park amenities. Schmidt will develop concepts that include both shared and separate off-leash dog areas, and an alternative that incorporates the Alvarado House into the Shores Park site. Sub-consultant OBR Architecture (OBR) will also develop two options for the Del Mar Community Building located on the Shores property. The first option will show a modernized and expanded remodel of the existing building, whereas the second option will involve demolition and replacement with a new building.

The proposed master plan alternatives will be evaluated by a team of sub-consultants to estimate anticipated construction costs for the Master Plan. Leppert Engineering will prepare conceptual grading, utility plans, and preliminary earthwork calculations for the site. MPE Consulting will provide electrical engineering review to coordinate proposed electrical locations and infrastructure in the park alternatives and new building designs.

OBR will review the site and building designs to provide architectural input. A rough order of magnitude construction cost estimate will be prepared for each of the three initial design alternatives, with park and building costs identified separately, to inform decisions for the final Master Plan design.

The three initial alternatives will be shared with staff and the Shores Committee to confirm the designs meet the project goals. Revisions will be made based on feedback provided by staff and the Shores Committee, and the three alternatives will then be developed into computer-rendered designs for City Council consideration.

Final Master Plan
In Task 2, Schmidt will create a preferred park Master Plan based on the direction provided by the City Council in Task 1. The final Master Plan will include an illustrative model of park amenities, site furnishings, lighting, a conceptual plant palette, and a design 2 October 6, 2025 Item 7
City Council Agenda Report
Shores Park Master Plan Consultant Agreement
October 6, 2025

Page 3 of 3 ends

statement. An image board and three 3D visual simulations will be prepared to clearly illustrate the proposed Shores Park space. A refined construction cost estimate will also be provided for the park and selected building alternative.

OBR Architecture will create a detailed floor plan, exterior 3D renderings, and colored elevations for the selected Del Mar Community Building design option. These renderings will be used in future fundraising efforts for the construction of the Community Building, which will be organized by the Del Mar Foundation and other local nonprofit organizations.

Meetings
The proposed scope of work includes meetings with the Shores Committee, community building users, two City Council presentations, and multiple meetings with staff throughout the project. Schmidt and OBR will meet with the community building users at the initial design stage to gather information on their current and future needs for the building space.

The meetings with the Shores Committee will be an important step to gather feedback from key stakeholder, including representatives from the Del Mar Community Building and Winston School, prior to Council consideration of the refined alternatives and final Master Plan design.

Optional Tasks
Optional scope of work items include developing additional 3D illustrations, preparing a construction phasing strategy and Final Master Plan Report, and additional meetings if needed. The optional items and associated fees are included in the attached fee schedule (Exhibit A to Attachment A). The proposed agreement incorporates the base scope of work and optional task fees; however, staff will make recommendations to City Council on whether to complete the optional tasks during the master planning process.

Schmidt’s proposed cost for the base scope of work described above is $149,605, with optional tasks totaling $21,800, for a total cost up to $171,405 (Exhibit A to Attachment A).

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 up to $171,405 in costs to complete the Shores Park Master Plan.

ATTACHMENTS:

Attachment A – Agreement with Schmidt Design Group
Exhibit A to Attachment A – Scope of Work and Fee Schedule 3 October 6, 2025 Item 7

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF DEL MAR AND SCHMIDT DESIGN GROUP

FOR PREPARATION OF THE SHORES PARK MASTER PLAN
This Professional Services Agreement (“Agreement”) is made and entered into this 6th day of October, 2025 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Schmidt Design Group, Inc. (“Consultant”) (collectively “Parties”).

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

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

1. CONSULTING SERVICES.

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

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

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

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for a period of one (1) year beginning on October 6, 2025 and ending on October 5, 2026. The Agreement may be extended for an additional one-year period upon agreement by both Parties.

Such extension, if any, will be evidenced by a written amendment to this Agreement. 4 October 6, 2025 Item 7
Professional Services Agreement
For Shores Park Master Planning Services

Page 2 of 10 ends

Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

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

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

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

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

4. COMPENSATION.

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

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

5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled 5 October 6, 2025 Item 7
Professional Services Agreement
For Shores Park Master Planning Services

Page 3 of 10 ends

to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.

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

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

7. AUDIT OF RECORDS.

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

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

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

9. CONFLICTS OF INTEREST.

9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City. 6 October 6, 2025 Item 7
Professional Services Agreement
For Shores Park Master Planning Services

Page 4 of 10 ends

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

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

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

11. INSURANCE

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

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

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

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

11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing 7 October 6, 2025 Item 7
Professional Services Agreement
For Shores Park Master Planning Services

Page 5 of 10 ends

coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).

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

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

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

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

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

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

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

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

12. DEFENSE AND INDEMNIFICATION.

12.1 Indemnity for Professional Liability. Except for the sole negligence or willful misconduct of City, Consultant shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by City) and indemnify the City, its council and each member thereof, its officers, employees, representatives and their successors and assigns from 8 October 6, 2025 Item 7
Professional Services Agreement
For Shores Park Master Planning Services

Page 6 of 10 ends

and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent, reckless or wrongful acts, errors or omissions of Consultant in the performance of the professional services under this Agreement and those of Consultant's subconsultants or anyone for whom Consultant is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder. Notwithstanding the foregoing, Consultant’s defense obligations shall not exceed its proportionate percentage of fault, except as set forth in section 2782.8 of the Civil Code, as amended by Senate Bill 496.

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

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

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

13. SUBCONTRACTORS.

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

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

13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The 9 October 6, 2025 Item 7
Professional Services Agreement
For Shores Park Master Planning Services

Page 7 of 10 ends

Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.

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

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

If to City: If to Consultant:

City of Del Mar Schmidt Design Group, Inc.

City Clerk Glen Schmidt
1050 Camino del Mar 1310 Rosecrans Street, Suite G
Del Mar, CA 92014 San Diego, CA 92106
[email protected] [email protected]
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

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

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

Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
10 October 6, 2025 Item 7
Professional Services Agreement
For Shores Park Master Planning Services

Page 8 of 10 ends

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

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

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

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

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

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

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

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

25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
11 October 6, 2025 Item 7
Professional Services Agreement
For Shores Park Master Planning Services

Page 9 of 10 ends

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

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

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

29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
[SIGNATURES ON THE FOLLOWING PAGE]
12 October 6, 2025 Item 7
Professional Services Agreement
For Shores Park Master Planning Services

Page 10 of 10 ends

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

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

SCHMIDT DESIGN GROUP,
a California corporation
By: _______________________
Glen Schmidt, Principal
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
13 October 6, 2025 Item 7
1310 Rosecrans Street, Suite G San Diego, CA 92106 LIC. CA 2138 | NV 219 | AZ 3419 T 619.236.1462 | F 619.236.8792 SCHMIDTDESIGN.COM
September 24, 2025
Clem Brown | Assistant City Manager
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014

RE: Landscape Architectural Services for Shores Park Master Planning Dear Clem,

Thank you for the opportunity to provide the following proposal for restarting the design process for Shores Park in Del Mar. The scope of work includes design services for the concept design phase, as defined below.

We have assigned the same talented staff from our previous work prior to suspension of the project back in 2018. The original community outreach and design effort included several phases: Discover, Explore, Envision, and Create. We will re-engage in the “Create” Phase moving directly to alternatives and a final master plan document.

TEAM
• Architecture, OBR
• Civil Engineering, Leppert Engineering
• Electrical Engineering, MPE
SCOPE OF SERVICES – ‘CREATE’ PHASE

Task 1 – Master Plan Alternatives

1. Due Diligence: The design team will review our previous studies, notes, presentations, and community feedback to build on the ideas and goals established during the initial outreach and design phase.

2. Kick-off Meeting: Schmidt Design Group (SDG) and OBR Architecture (OBR) will attend a kick-off meeting with City staff to refine the project goals and objectives. See Meetings, Task 3 below.

3. Park Program: SDG will share an anticipated program list for three (3) alternatives. We anticipate that the 3 alternatives will include the following:

Alt 1 - Joint-use athletic field and dog park
Alt 2 - Separate athletic field and dog park
Alt 3 - Scheme that includes the Alvarado House, likely with a joint use field and dog park.

OBR will provide the anticipated program list for the community building (see OBR scope of work below). We anticipate that park and building program elements will be defined by City staff based on previous studies and Council direction, and will include feasibility evaluation of relocating the Alvarado House to the park site.

4. Loose Draft Master Plan Alternatives: The team will develop a series of three (3) loosely sketched master plan alternatives that reflect the community’s vision and the modified program elements. Each alternative will explore potential program arrangement and 14 October 6, 2025 Item 7
Del Mar Shores Park Master Plan
September 24, 2025
2 preliminary grading strategies. The alternatives will be illustrative in nature, and color rendered. OBR architects will share alternatives for the community building direction in a similarly loose style (see OBR scope of work below). We will share these first alternatives for City staff to confirm the designs meet the project goals.

5. Draft Master Plan Alternatives: Based on review and feedback on the loose alternatives, SDG will prepare three (3) alternatives for the park. The plans will be computer rendered for sharing with the public at large, the Ad Hoc Committee, and City Council.

6. Consultant Reviews: Each alternative will be studied by our consultant team:
• Architect, OBR will review the site design and provide input. • Civil Engineer, Leppert Engineering will prepare conceptual grading, on-site utility plans, and preliminary earthwork calculations.
• Electrical Engineer, MPE will review the existing electrical system and electrical utilities and lighting, assess if they can be salvaged or need to be replaced.

Team feedback and consulting will assist in estimating anticipated construction costs.

7. Precedent Image Boards: Precedent image boards will be prepared. The boards will contain design, program, and material imagery to further reinforce the vision of each master plan alternative.

8. OPTIONAL Simulations of Alternatives: If requested, SDG will provide graphic simulations of each of the three (3) park design alternatives, once it is determined that the plans meet the needs of staff and stakeholders, simulations will be prepared. One (1) 3D visual simulation would be provided for each of the three (3) plan alternatives.

9. Architectural Design: OBR will provide the following alternatives for the community building. Scheme 1 will include addition to, or modernization of, the existing structure.

Scheme 2 will include demolition and replacement with a new structure. • Initial space plans, program spreadsheets, inspiration imagery and preliminary floor plans and preliminary elevations to assist the Ad hoc Committee and Council select one scheme to move forward.
• As deemed appropriate by City staff, OBR will meet with the building user group to understand their current and future needs.

10. Estimate of Probable Cost: A rough order of magnitude construction cost estimate will be provided for each park and building alternative.

Task 2 – Final Master Plan

1. Final Master Plan: We anticipate that the City will provide direction for the preferred park master plan that may include a recommendation to move forward with one alternative, or with a final alternative that uses a combination of features. The plan will be illustrative in nature, computer rendered, and will include park amenities, site furnishings, lighting, a conceptual plant palette, and a design statement.

2. Consultant Reviews: The final Master Plan will be studied by our consultant team:
• Architect, OBR will review the site design and provide input. • Civil Engineer, Leppert Engineering will prepare conceptual grading, on-site utility plans, and preliminary earthwork calculations.
15 October 6, 2025 Item 7
Del Mar Shores Park Master Plan
September 24, 2025
3 • Electrical Engineer, MPE will coordinate locations of new proposed electrical with new building layout, estimate service size and location of new gear, provide park lighting locations, with specifications that meet the City lighting ordinance and meet the required footcandles to the IES standard light levels.

Team feedback and consulting will assist in estimating anticipated construction costs.

3. Precedent Image Boards: Precedent image boards will be prepared for the final master plan. The boards will contain design, program, and material imagery which further reinforce the vision of the master plan.

4. Simulations: A 3D visual simulation will be prepared for the Final Master Plan. This graphic will be an invaluable tool to depict the alternatives from a variety of angles and clearly illustrate the composition and character of the spaces being proposed. The simulation will be in a high-resolution format and suitable for use by the City in press releases and promotional materials.

5. Architectural Design: We anticipate that the City will select one scheme to move forward.

Based on the feedback received, OBR will further progress the selected scheme to include more detailed floor plans, exterior 3D renderings, and colored elevations.

6. Estimate of Probable Cost: The rough order of magnitude construction cost estimate will be provided for the park and building improvements.

7. Final Master Plan Submittal: Based on City feedback, the design team will provide one round of minor revisions to the final illustrative site plan.

8. OPTIONAL Phasing Strategy: If requested, the design team will develop a phasing strategy for the park improvements and building based on the City and Community’s prioritization of the park program.

9. OPTIONAL Final Master Plan Report: If requested, we will prepare an illustrative report will be prepared. This document will articulate the robust community engagement process, document the master plan alternatives, and the final master plan and supporting exhibits.

Task 3 – Meetings
Meetings are anticipated as follows, and as noted above.

1. Stakeholder Meeting (total of 1): As deemed appropriate by City staff, SDG & OBR will meet with the community building user group to understand their current and future needs.

2. Ad Hoc Committee Presentations (total of 2): The design team will meet with the Ad Hoc Committee at key points during the design process. A PowerPoint presentation will be prepared to illustrate the design process and final solutions.

3. City Council Presentations (total of 2): The design team will meet with City Council to present the draft alternatives and final master plan. A PowerPoint presentation will be prepared to illustrate the design process and final solutions. 16 October 6, 2025 Item 7
Del Mar Shores Park Master Plan
September 24, 2025
4 4. City Staff Meetings (total of 12): We will meet with City staff for 12 in person and remote meetings during the course of the anticipated work.

5. OPTIONAL Meetings: If requested, we will be available to prepare & participate in additional meetings/presentations. We included an hourly time & materials allowance not to exceed $5,000 for additional meetings.

COST SUMMARY
Task 1 - Master Plan Alternatives (Lump Sum)
SDG $23,000.00
Architect (OBR) $17,050.00
Civil (Leppert) $18,590.00
Electrical (MPE) $6,270.00
Total $64,910.00
Task 2 – Final Master Plan (Lump Sum)
SDG $29,000.00
Architect (OBR) $26,950.00
Civil (Leppert) $4,565.00
Electrical (MPE) $4,180.00
Total $64,695.00
Task 3 – Meetings (Hourly T&M)
SDG $13,500.00
Architect (OBR) $5,500.00
Total $19,000.00
Reimbursable Expenses (Allowance) $1,000.00
TOTAL $149,605.00

OPTIONAL TASK COST SUMMARY
Optional 3D Illustrations During Task 1 (3 Alternatives) (LS) $7,000.00 Optional Phasing Strategy (Lump Sum) $4,200.00
Optional Final Master Plan Report (Lump Sum) $5,600.00
Optional Additional Meetings (Hourly T&M) $5,000.00

PROJECT ASSUMPTIONS AND EXCLUSIONS
This proposal has been prepared with the following assumptions and exclusions:

A. Construction documents, precise grading, drainage, electrical, and structural plans are not included.

B. Designing to LEED or SITES standards and/or associated documentation are excluded.

C. Permit processing and entitlement approvals (i.e. site development permit, planned development permit, etc.), not included.

D. Additional submittals not specifically outlined in this scope of work will be considered additional services.

E. Structural engineering and waterproofing services for site structures, walls, etc. are excluded.

F. Environmental documentation is excluded.

G. The creation of existing condition/irrigation as-built plans is excluded.

H. Preparation of operations & maintenance budget is not included. 17 October 6, 2025 Item 7
Del Mar Shores Park Master Plan
September 24, 2025
5 I. Scope related to the Alvarado House is anticipated to be high-level feasibility. This scope does not include cost construction cost estimates for restoring and moving the Alvarado House or detailed architectural design.

FEE AND PAYMENT SCHEDULE
Fees will be charged for technical work, consultation, and additional services. Charges will be made for typing, as in the preparation of reports, and for time and costs of printing. No direct charges will be made for normal secretarial service, office management, or general accounting; these items are included in overhead.

ADDITIONAL AND HOURLY SERVICES
Hourly Rates
Principal Landscape Architect/President ............................................................................................... $300/hour Principal Landscape Architect/Partner .................................................................................................... $250/hour Principal/Studio Director ............................................................................................................................. $225/hour Associate Landscape Architect .................................................................................................................. $175/hour Senior Project Manager/Licensed Landscape Architect/Certified Arborist ................................. $155/hour Project Manager .............................................................................................................................................. $140/hour Senior Landscape Designer ........................................................................................................................... $125/hour Landscape Designer ........................................................................................................................................ $110/hour Clerical/Typist ................................................................................................................................................... $85/hour

Reimbursable Expenses
Reimbursable expenses such as reproduction printing, delivery service, soils testing, permits, parking, project specific supplies, etc., will be marked up by 10%.

In-house plotting will be charged per square-foot at the following rates: bond $2.00 per square-foot, vellum $3.00 per square-foot, mylar $4.00 per square-foot, and color $5.00 per square-foot. In-house color laser prints will be charged at $.50 for letter size, $.75 for legal size, and $1.00 for ledger size.

Sub-consultants
Expenses for consultants employed by Schmidt Design Group, Inc. will be marked up by 10%.

Mileage
Mileage in the interest of the client will be charged at the current U.S. General Services Administration Privately Owned Vehicle Mileage Reimbursement Rates.

Travel
Time spent in travel in the interest of the client will be charged at hourly rates. A minimum of one hour will be charged for any site visit. No more than eight (8) hours of travel time will be charged in any one day. Subsistence will be charged when it is necessary for personnel to be away from the office overnight.

Thank you for your consideration. We look forward to working with you on this exciting project. I Very truly yours,
____________________________
Glen Schmidt, FASLA
Principal
Schmidt Design Group, Inc.

September 24, 2025
18 October 6, 2025 Item 7
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Matt Bator, AICP, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: October 6, 2025
SUBJECT: Re-Introduction of an Ordinance to Amend Municipal Code Chapter 23.50 and Repeal and Replace Chapter 23.51 Related to Trees, Scenic Views, and Sunlight Regulations (A25-001)
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council introduce an Ordinance (Attachment A) to: 1) Repeal and replace the City’s Trees, Scenic Views, and Sunlight (TSVS) regulations within Del Mar Municipal Code (DMMC) Chapter 23.51 and 2) Amend related code sections of the City’s Tree regulations within DMMC Chapter 23.50 (A25-001).

PREVIOUS CITY COUNCIL REVIEW:

On July 7, 2025, the City Council held a noticed public hearing to review and introduce an Ordinance to repeal and replace DMMC Chapter 23.51 (Trees, Scenic Views, and Sunlight), amend related subsections of DMMC Chapter 23.50, and amend DMMC Chapters 30.04 (Definitions) and 30.86 (Supplemental Regulations) to limit the maximum allowed height of hedges. After receiving a staff presentation, asking clarifying questions, receiving public testimony, and discussing the proposed DMMC amendments, the City Council directed staff to return to a future Council meeting for a re-introduction of the Ordinance with the following revisions:

1. Separate the proposed “Hedge Height” Zone Code Amendment (ZA25-001) from the proposed TSVS amendments;

2. Remove the proposed Indemnification subsection of the TSVS regulations;

3. Include “potted” or container plants as eligible “Trees” for TSVS review;

4. Expand Sunlight Obstruction eligibility from being just the Primary Living Area (PLA) to any affected areas within a residence; and

5. Reassess the proposed eligibility time period (look-back) of starting on a fixed date.
1 October 6, 2025 Item 8
City Council Agenda Report
A25-001 (TSVS Amendments)
October 6, 2025

Page 2 of 5 ends

BACKGROUND:

The City Council Work Plan for Fiscal Year 2024-2025 included updating Del Mar Municipal Code (DMMC) Chapter 23.51, also known as the Trees, Scenic Views and Sunlight (TSVS) Ordinance. A detailed background and additional information pertaining to this update, including section by section summarizations of the proposed amendment to the TSVS regulations, is contained within an agenda report presented to the City Council on July 7, 2025, which can be accessed at Regular Meeting Agenda Packet 7-7- 2025 (Item #17).

Following is a summary of the steps staff performed to accomplish the update:
• On October 7, 2024, staff presented to the City Council nine “Guiding Principles” to inform and influence the TSVS update process. The City Council-approved Guiding Principles are attached as Attachment B.
• Staff evaluated reoccurring issues that have arisen while processing TSVS applications since the original adoption of the TSVS Ordinance (No. 747) in July 2002.
• Staff reviewed information and reports pertaining to view regulations in twentyseven (27) other jurisdictions, identifying common implementation issues and how the respective regulations have been modified and improved over time. • On December 2, 2024, staff received City Council input and direction regarding significant policy and procedural issues to be addressed through the update. The City Council discussed the information presented and directed staff to proceed forward with proposed amendments to DMMC Chapter 23.51 (TSVS) and to further explore the possibility of regulating the heights of hedges through maximum height allowances. A copy of the December 2, 2024, City Council agenda report is included as Attachment C.
• Staff prepared draft amendments throughout DMMC Chapter 23.51 (TSVS). In order to thoroughly address all issues raised and discussed with the City Council, it is also necessary to amend specific sections of DMMC Chapter 23.50 (Trees). • In addition to amending DMMC Chapter 23.51 and related sections of DMMC

23.50 (Trees), proposed amendments to Zone Code Chapters 30.04 (Zoning Definitions) and 30.86 (Supplemental Regulations) were prepared that would limit the height of new or replacement hedges in required side and rear yards (setbacks) to a maximum of six feet.
• The Planning Commission reviewed, discussed, and suggested revisions to staff’s proposed TSVS code amendments over the course of three separate, regularly 2 October 6, 2025 Item 8
City Council Agenda Report
A25-001 (TSVS Amendments)
October 6, 2025

Page 3 of 5 ends

scheduled Planning Commission meetings. Many of the Commission’s recommended edits or revisions to the draft amendments, which addressed issues such as refining definitions, application material requirements, acceptable scenic view documentation, cost apportionment and others, have been incorporated into the draft replacement of Chapter 23.51 included in Attachment A. • As mentioned previously, a draft Ordinance to repeal and replace DMMC Chapter

23.51 (Trees, Scenic Views, and Sunlight), amend related subsections of DMMC Chapter 23.50, and amend DMMC Chapters 30.04 (Definitions) and 30.86 (Supplemental Regulations) in relation to hedge heights was presented to the City Council on July 7, 2025, in a noticed public hearing and staff was directed to make revisions and return to City Council. The approved minutes of the July 7 City Council meeting are included as Attachment D.

DISCUSSION/ANALYSIS:

Staff is returning to the City Council with an Ordinance that would repeal and replace the City’s Trees, Scenic Views, and Sunlight (TSVS) regulations within Del Mar Municipal Code (DMMC) Chapter 23.51 and amend related code regulations of the City’s Tree regulations within DMMC Chapter 23.50 (A25-001). With the exception of five (5) issue area revisions directed by the City Council on July 7, 2025, the proposed text changes of DMMC Chapter 23.51 remain as presented on that date. Below is an overview of the revisions made since July 7, 2025:

1. Separate the proposed Hedge Height Zone Code Amendment (ZA25-001) from the proposed TSVS amendments (DMMC Chapters 30.04 (Definitions) and 30.86 (Supplemental Regulations):
• This revision does not directly affect the proposed language and provisions of the TSVS regulations.
• Staff will return to the City Council after adoption of the Ordinance to gain additional Council direction regarding addressing heights of existing and new hedges in Del Mar. Therefore, amendments to DMMC 30.04 and 30.86 are not included in the proposed Ordinance.

2. Remove Proposed Indemnification subsection (DMMC Section 23.51.130) • Eliminated per City Council direction.

3. Include “potted” or container plants as eligible “Trees” for TSVS review • Revised definition of “Tree” to clarify that the subject trees and plants could be growing in the ground or in an “above-ground container.”

4. Expand Sunlight Obstruction eligibility from just the Primary Living Area (PLA) to any affected areas within a residence
3 October 6, 2025 Item 8
City Council Agenda Report
A25-001 (TSVS Amendments)
October 6, 2025

Page 4 of 5 ends

• Removed all references to “Primary Living Area” or “PLA” in relation to (only) Sunlight Obstruction. As revised, an Applicant can seek relief/restoration of sunlight obstructed from reaching any room or rooms of a residence instead of just the PLA.

5. Eligibility time frame proposed to remain ten (10) years prior to the submittal of a complete TSVS application, not the date of 2002 TSVS Ordinance effectiveness
• Based on City Council comments and direction, and after revisiting concerns about the potential impacts a fixed eligibility date could have on mature trees and vegetation, it is staff’s determination that the 10-year look back/date of ownership criteria has generally worked well to strike a balance between the benefits of “trees” and “views” and encourages residents to address view and sunlight obstruction issues before vegetation matures and becomes part of a neighborhood’s, and the City’s, natural character. • Therefore, staff is removing its proposal to modify that specific criteria for application submittal, thus proposing leave the 10-year eligibility/date of ownership rule in place.

While not specifically directed by the City Council on July 7, 2025, two additional revisions to the TSVS regulations have been included in the draft Ordinance: added language to require a certified arborist to be on-site during all TSVS trimming/restoration activities (DMMC Section (23.51.080); and requiring the decision maker to consider the feasibility of replacement plantings when Trees are removed for restorative action (DMMC Section

23.51.080(B)(6).

Given the large number of proposed changes to DMMC Chapter 23.51 (TSVS), it is recommended the City Council repeal and replace Chapter 23.51 in its entirety, and therefore, has not provided a redlined version of all proposed amendments. The proposed replacement of Chapter 23.51 is included with the draft Ordinance included as Attachment A and a copy of the current TSVS Chapter is included as Attachment E for reference and comparison. However, to easily identify text revisions directed by the City Council at the July 7, 2025 meeting, refer to Attachment F for a redlined version.

CORRESPONDENCE:

Following City Council hearing on July 7, 2025, resident Janet Wilson sent several letters regarding the proposed TSVS amendments to City staff and City Council members (Attachment G). In brief, the correspondence provided comment and suggestions regarding TSVS issues such as City Trees, sunlight obstruction, cost appropriation, and transferability of TSVS determinations to future property owners, which was taken into consideration by City staff.
4 October 6, 2025 Item 8
City Council Agenda Report
A25-001 (TSVS Amendments)
October 6, 2025

Page 5 of 5 ends

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

The requested action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines because CEQA only applies to projects with the potential for causing a significant effect on the environment.

With the proposed Ordinance, there is no change in baseline environmental conditions or potential to cause a significant effect on the environment. An Initial Study evaluation concluded that no environmental factors would be potentially affected by the TSVS amendments contemplated by the City Council. A Notice of Exemption will be prepared identifying that the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Updating the Trees, Scenic Views, and Sunlight Ordinance is an identified Tier 2 Council priority for Fiscal Years 2024-25 and 2025-26.

ATTACHMENTS:

Attachment A – Draft Ordinance
Attachment B – Council Adopted Guiding Principles
Attachment C – December 2, 2024, City Council Agenda Report Attachment D – July 7, 2025, City Council Meeting Minutes Attachment E – Existing DMMC Chapter 23.51 (Trees, Scenic Views, and Sunlight) Attachment F – TSVS Redlines of City Council-Directed Revisions Attachment G - Public Correspondence
5 October 6, 2025 Item 8
ORDINANCE No. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA REPEALING AND REPLACING DEL MAR
MUNICIPAL CODE CHAPTER 23.51 REGULATING TREES,

SCENIC VIEWS AND SUNLIGHT AND AMENDING CHAPTER

23.50 RELATED TO TREE REMOVAL
WHEREAS, the City of Del Mar (City) submitted applications: A25-001, a request to repeal and replace Del Mar Municipal Code (DMMC) Chapter 23.51 (Trees, Scenic Views and Sunlight), and amend DMMC Chapter 23.50 (Trees); and ZA25-001, a request to amend DMMC Chapters 30.04 (Definitions) and 30.86 (Supplemental Regulations) under the Zoning Code (DMMC Title 30) regulating the maximum permitted height of hedges in the City; and
WHEREAS, the City recognizes that trees, scenic views and plentiful sunlight contribute to the special character of Del Mar and to the overall quality of life enjoyed by residents, property owners and visitors. Trees, scenic views and sunlight produce a wide variety of significant psychological and tangible benefits, and contribute to the economic value and comfortable enjoyment of the community, neighborhoods and individual properties; and
WHEREAS, trees, vegetation and other landscaping provide aesthetic value as part of an urban forest, visual and auditory privacy, carbon sequestration, climate control, wind screening, soil stability, and wildlife habitat; and WHEREAS, scenic views, whether of the Pacific Ocean, nearby lagoons, canyons, the community and its landscapes and urban forest character, or other scenic vistas, encourage distinctive architecture, artistic expression, and provide creative inspiration; and
WHEREAS, plentiful sunlight provides an opportunity to utilize solar energy both actively and passively for home heating and climate control, reducing dependance on fossil fuels, and
WHEREAS, on February 13, 2023, the Del Mar City Council discussed the importance of updating DMMC Chapter 23.51, also known as the Trees, Scenic Views, and Sunlight (TSVS) Ordinance, and directed staff to process applicable Municipal Code amendments; and
WHEREAS, on October 7, 2024, the Del Mar City Council discussed and adopted Guiding Principles for amending the City’s TSVS regulations and process; and WHEREAS, on December 2, 2024, the Del Mar City Council received an informational update from City staff regarding specific areas of DMMC Chapter 23.51 that

ATTACHMENT A
6 October 6, 2025 Item 8
Ordinance No. XXXX

Page 2 of 6 ends

need updating, and the City Council provided direction to staff regarding proposed issue areas within the Chapter to be amended; and
WHEREAS, at duly noticed public hearings on April 8, and May 13, 2025, the Del Mar Planning Commission accepted written and oral public testimony and discussed the proposed amendments to DMMC Chapters 23.50, 23.51, 30.04, and 30.86; and WHEREAS, at a duly noticed public hearing on June 10, 2025, the Del Mar Planning Commission was not able to reach consensus for recommended amendments that would: add DMMC Section 23.51.150, a process for alleging obstruction of Scenic Views and/or Sunlight by City Trees; pause the removal of trees on the City’s “Discouraged Tree List,” and require tree replacement should be mandatory when restorative action involves tree removal in proposed DMMC Section 23.51.080, and WHEREAS, at a duly noticed public hearing on June 10, 2025, the Del Mar Planning Commission accepted additional written and oral public testimony, considered proposed amendments to the DMMC, and recommended that the City Council 1) adopt amendments to DMMC Chapters 23.50 and 23.51 related to Trees, Scenic Views and Sunlight regulations (A 25-001) as recommended by staff with specific revisions to DMMC Sections 23.51.010.A.2.b; 23.51.010.B.2; 23.51.040.A.1.e; 23.51.050.B; 23.51.060.A.6;

23.51.060.A.7; 23.51.050.C; 23.51.090.B.1; and 23.51.090.B.2; 2) not adopt Zoning Code amendments to DMMC Chapters 30.04 and 30.86 related to the regulation of hedge height (ZA 25-001); and 3) approve a determination that adoption of the Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule); and
WHEREAS, on July 7, 2025, the City Council held a duly noticed public hearing and voted to continue the item to a future City Council meeting and provided direction to staff that the Ordinance be revised to: 1) Separate the proposed Hedge Height Zone Code Amendment (ZA25-001) from the proposed TSVS amendments; 2) Remove proposed Indemnification subsection of the TSVS regulations; 3) Include “potted” or container plants as eligible Trees for TSVS review; 4) Expand Sunlight Obstruction eligibility from being limited to the Primary Living Area (PLA) to any affected areas within a residence; and 5) Reassess the proposed eligibility time period (look-back) of starting on a fixed date; and
WHEREAS, on October 6, 2025, the City Council held a duly noticed public hearing accepted additional written and oral public testimony, considered the proposed amendments to the DMMC, as revised.

NOW, THEREFORE, the City Council of the City of Del Mar hereby ordains as follows:

SECTION ONE: That DMMC Chapter 23.51 (Trees, Scenic Views, and Sunlight) be repealed and replaced with “Exhibit A” to this Ordinance. 7 October 6, 2025 Item 8
Ordinance No. XXXX

Page 3 of 6 ends

SECTION TWO: That DMMC Section 23.50.050 be amended as follows:

23.50.050 Exemptions.

A. No permit is required by this Chapter for pruning or trimming of any tree on private property.

B. No permit is required by this Chapter to cut down, remove, destroy, or move a Protected Tree under any of the following circumstances. This exemption does not apply to trees within the public right-of-way.

1. When measured two feet above ground level, (a) the Protected Tree has a single trunk circumference of 20 inches or less and is not a replacement tree pursuant to Section 23.50.090, or (b) the Protected Tree has multi-trunks having a total circumference of 30 inches or less and is not a replacement tree pursuant to Section 23.50.090.

2. When measured two feet above ground level, the trunk of the Protected Tree is located no more than 12 feet from the exterior wall of any Primary Structure or Accessory Structure.

3. When both trees are measured two feet above ground level, the Protected Tree is located no more than 12 feet from another Protected Tree. Only one of the Protected Trees may be removed.

C. No permit is required by this Chapter for the emergency removal of a Protected Tree for reasons of public health, safety and welfare. The Planning and Community Development Department shall be promptly notified of emergency removal.

D. No permit is required by this Chapter to remove a Protected Tree when the Planning Commission, or City Council on appeal has determined by resolution that removal of the Tree is necessary to restore a scenic view and/or sunlight to a property pursuant to the provisions of DMMC Chapter 23.51.

SECTION THREE: That DMMC Section 23.50.080 be amended as follows:

23.50.080 Processing of Permits; Standards for Permits.

A. Application. A person who desires to cut down, remove, destroy, or move a Protected Tree shall make application for a Tree Removal Permit to the Planning and Community Development Department on a form provided by the City. A processing fee, established by resolution of the City Council, shall be required. The application shall contain the number, species, and size of the trees involved, a statement on the reason for the requested action, a site plan depicting the location of tree(s) proposed for removal and other trees located in the vicinity, and any other pertinent information determined necessary by the Planning and Community Development Director or Design Review Board. This additional information may include a report from a qualified, professional arborist selected and employed by the City. The applicant shall be required to reimburse the City for the cost of such a report.

B. Noticing. A notice of the filing of an application for a Tree Removal Permit shall be mailed by the City to persons owning property adjacent to the project site. The mailed notice of application shall advise persons of the date of action and that the application is available for public review at City Hall.
8 October 6, 2025 Item 8
Ordinance No. XXXX

Page 4 of 6 ends

C. Action. The Director or the Design Review Board shall approve or conditionally approve a Tree Removal Permit if the Protected Tree is:

1. Dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist;

2. Crowded by other healthier protected trees; thinning (removal) would promote healthier growth in the trees to remain, as certified by a tree condition report from an arborist;

3. Interfering with existing utilities and/or primary structures, as certified by a report from the public utility operator or a structural engineer;

4. Causing substantial damage to a Primary or Accessory Structure or associated utilities, as certified by a structural engineer when applicable;

5. Interfering with existing improvements, and/or is a danger to the public health, safety, or welfare in the Central Commercial, Open Space Overlay Zone, or on public property or right-of-way;

6. Deemed a safety hazard in a tree condition report from a Certified Arborist. The report shall include a completed ISA-Hazard Evaluation Form or other methodology acceptable to the City of Del Mar, as well as the observations and opinions of the Arborist. The City reserves the right to retain a Certified Arborist, at the expense of the Applicant, when needed to review a hazardous tree determination;

7. Located within 30 feet of a Primary or Accessory Structure, when measured two feet above ground level, and the canopy of the tree cannot be reduced so as to:
(i) Avoid overhanging the roof of a Primary or Accessory Structure; (ii) Be at least ten feet from the canopy of any other tree; and (iii) Be at least ten feet from the chimney of any residence.

The feasibility of reducing the tree(s) canopy shall be determined by the City's Arborist and Fire Chief;

8. Voluntarily replaced in accordance with Subsection 23.50.090.A.1. The replacement tree(s) shall be indicated in a covenant on the property on which the tree(s) are located. The replacement tree(s) shall not be eligible for removal in accordance with this Code until it has attained a circumference of at least 20 inches when measured two feet above ground level; or

9. Obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the project planner and determined by the Director of Planning and Community Development or the Design Review Board based on the following factors:
(i) Early consultation with the City;
(ii) Consideration of practical design alternatives;
(iii) Saving the Protected Tree eliminates all reasonable use of the property; or (iv) Saving the Protected Tree requires the removal of more desirable trees.

Notwithstanding the existence of Subsections 1. through 10. above, the Director or the Design Review Board may deny a Tree Removal Permit if any of the following conditions exist:

1. The tree removal will, even after the imposition of permit conditions, endanger the public health, safety, peace, or welfare;
9 October 6, 2025 Item 8
Ordinance No. XXXX

Page 5 of 6 ends

2. The tree removal will have an adverse impact on the aesthetics of the area surrounding the proposed activity;

3. Reasonable alternatives to a concurrent development proposal exist which would eliminate the need to remove a Protected Tree; or

4. The applicant has not agreed to perform the conditions of approval imposed by Section 23.050.090.

SECTION FOUR:

This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council hereby finds that under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.

SECTION FIVE :

This Ordinance was introduced by the City Council on October 6, 2025.

SECTION SIX:

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

SECTION SEVEN:

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

SECTION EIGHT:

Upon adoption, the Ordinance will take effect and be in force 30 days from the date of City Council adoption (“Effective Date”).

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held this 20th day of October, 2025. 10 October 6, 2025 Item 8
Ordinance No. XXXX

Page 6 of 6 ends

____________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXXX, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the XX day of _______, by the following vote:

AYES:

NOES:

RECUSE
ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
11 October 6, 2025 Item 8
Chapter 23.51 TREES, SCENIC VIEWS AND SUNLIGHT

23.51.010 Purpose and Application of Chapter.

A. Purpose.

1. The City recognizes that Trees, Scenic Views and plentiful Sunlight contribute to the special character of Del Mar and to the overall quality of life enjoyed by residents, property owners and visitors.

2. The City further recognizes that Trees, Scenic Views and Sunlight produce a wide variety of significant psychological and tangible benefits, and contribute to the economic value and comfortable enjoyment of the community, neighborhoods and individual properties, including, but not limited to, the following:
a. Trees, vegetation and other landscaping provide aesthetic value as part of an urban forest, visual and auditory privacy, carbon sequestration, climate control, wind screening, soil stability, and wildlife habitat.
b. Scenic Views, whether of the Pacific Ocean, nearby lagoons, canyons, the community and its landscapes and urban forest character, or other scenic backcountry (eastern) vistas, encourage distinctive architecture, artistic expression, and provide creative inspiration. c. Plentiful Sunlight provides an opportunity to utilize solar energy both actively and passively for home heating and climate control, thereby reducing dependance on fossil fuels.

3. This Chapter acknowledges the benefits derived from Trees, Scenic Views and plentiful Sunlight, and balances the goal of maintaining each of them, when possible.

4. This Chapter further provides a process by which any Person may seek to preserve and restore Scenic Views and/or Sunlight when there is an unreasonable Obstruction of such Scenic Views and/or Sunlight by the growth, improper maintenance and/or installation of Trees and/or vegetation located on a property within three hundred (300) feet of the Applicant’s property line.

B. Application.

1. This Chapter applies to all properties within the jurisdictional boundaries of the City of Del Mar, excluding property owned by governmental entities not subject to the City’s regulatory jurisdiction.

2. Any Person shall have the right to file an Application with the City alleging Obstruction of preexisting Scenic Views and/or Sunlight, and further seeking Restorative Action to restore the preexisting Scenic Views and/or Sunlight that existed on or after the later of the following:
a. Date the Applicant acquired Applicant’s property; or 12 October 6, 2025 Item 8

Page 2 of 20 ends

b. Ten (10) years prior to the submittal date of a complete Trees, Scenic Views and Sunlight application.

3. A decision by the Planning Commission, or City Council on appeal, that an Obstruction of Scenic Views and/or Sunlight has occurred, and any associated Restorative Action, is specific to the Applicant and does not run with the land. Any orders issued by the Planning Commission, or City Council on appeal, for ongoing maintenance of the Subject Tree are not binding on subsequent property owners and shall terminate with the transfer of property title. This paragraph does not apply when property title is transferred due to inheritance

23.51.020 Definitions.

For purposes of this Chapter, the following definitions shall apply:

A. Applicant shall mean any Person who owns residential real property within the jurisdictional boundaries of the City of Del Mar (or the legal occupant of said real property with written permission from the property owner of record to act on their behalf), who files an Application with the City pursuant to this Chapter.

B. Application shall mean a Trees, Scenic Views and Sunlight Application filed with the City alleging that any Tree located on the property of another Person is causing an unreasonable Obstruction of the Applicant’s pre-existing Scenic Views and/or Sunlight, for which the Applicant seeks Restorative Action.

C. Certified Arboristshall mean a professional arborist who holds a valid ISA Certified Arborist credential from the International Society of Arboriculture (ISA). For purposes of this Chapter, a Registered Consulting Arborist (RCA) with current membership in the American Society of Consulting Arborists (ASCA) shall be considered a “Certified Arborist” for purposes of providing professional tree surveys, reports, recommendations, and other technical information related to arboriculture.

D. City shall mean the City of Del Mar.

E. City Tree shall mean any Tree planted, installed, owned, and/or maintained by the City, which is located in, within or on a City park, Parkway, street, median, or other property owned by the City.

For purposes of this Chapter and consistent with Section 23.51.030 of this Chapter, the term “City Tree” does not include any Tree located within the public right-of-way between the improved street edge and the property boundary of a private lot.

F. Crown Reduction/Shaping shall mean a method of comprehensive trimming that reduces a Tree's height and/or spread. Crown Reduction/Shaping entails the reduction of the top, sides or individual limbs of a Tree by removal of leaders or the longest portion of limbs to a lateral large enough to assume the terminal role.

G. Directorshall mean the City’s Planning and Community Development Director, or his or her designee.

H. Heading Back shall mean a pruning process whereby overall reduction of the mass of a Tree is achieved by modification to major limbs.
13 October 6, 2025 Item 8

Page 3 of 20 ends

I. Hedge shall mean generally dense vegetation so aligned as to form a physical barrier or fence.

J. Imminent Danger shall mean an immediate risk to the health, safety and/or welfare of any Person or property, whether privately- or publicly-owned.

K. Lacing shall mean a comprehensive method of Trimming that systematically and sensitively removes excess portions of a Tree and improves the structure of the Tree.

L. Mediation shall mean a private, voluntary process in which an impartial and qualified third-party professional negotiator facilitates communication between parties to a dispute to promote settlement and reach a mutually satisfactory solution, in this case regarding a claim for Obstruction of Scenic Views and/or Sunlight.

M. Obstruction shall mean any substantial and unreasonable blocking or diminishment of Scenic Views and/or Sunlight that is attributable to the growth, improper maintenance and/or the location of a Tree, as determined by the Planning Commission or City Council on appeal, consistent with the findings of fact required by this Chapter.

N. Parkway shall mean that area of the street between the back of curb and the sidewalk that is typically planted or landscaped.

O. Person shall mean any individual(s), corporation, partnership, firm, or other legal entity (including the City of Del Mar), owning real property or residing in real property within the Del Mar City limits.

P. Primary Living Area (PLA) shall mean that (single) portion of a primary residence (typically the living room, dining room or great room) determined by the Planning Commission, or City Council on appeal, to be the main gathering and entertainment room of the primary residence.

1. The determination of a PLA is to be made on a case-by-case basis and shall be consistent with any prior determinations made by the City. Each primary residence shall be limited to the designation of only one (1) PLA (a primary residence does not include “Accessory Dwelling Units”, as that term is defined by Chapter 30.91 of this Municipal Code).

2. Under rare and extraordinary circumstances, the Planning Commission, or City Council on appeal, may determine that another area of a primary residence (other than the living room, dining room or great room) is the PLA.

3. Under no circumstances shall a bathroom, laundry room, storage room, stairwell, hallway, outdoor deck, patio, balcony, or any other area outside of the enclosing walls of a primary residence, be designated as a PLA. Additionally, a PLA may not be from any space within an Accessory Dwelling Unit (as that term is defined by Chapter 30.91 of this Municipal Code).

Q. Protected Tree shall mean any of the following:

1. A Tree of the species Hesperocyparis macrocarpa (Monterey Cypress);

2. A Tree of the species Pinus torreyana (Torrey Pine); 14 October 6, 2025 Item 8

Page 4 of 20 ends

3. A Tree of any species and located on property within the Central Commercial or Open Space Overlay zones of the City, within a public right-of-way, or on public- or City-owned property; or

4. Any Tree planted as a result of required mitigation for the removal of another Protected Tree.

R. Restorative Action shall mean any specific action(s) and conditions required by the Planning Commission, or City Council on appeal, to be implemented to resolve a dispute relating to the Obstruction of the Applicant’s pre-existing Scenic Views and/or Sunlight.

S. Scenic View shall mean a view of the ocean, lagoons, canyons, the community and its landscapes and urban forest character, or other scenic backcountry (eastern) vistas from the PLA of a primary residence. When observed through more than one window or multiple locations within the PLA, the full extent of the Scenic View shall be a culmination of all vantage points from within the PLA. A Scenic View shall not have been created by natural disaster/causes such as storms, fire, disease or pest infestation, or illegal activity.

T. Severe Pruning shall mean the cutting of branches and/or the trunk of a Tree in a manner which substantially reduces the overall size of the Tree or destroys the existing symmetrical appearance, natural shape and/or health of the Tree, and which results in the removal of main lateral branches leaving the trunk and branches of the Tree in a stub appearance. "Topping" and "Heading Back" as defined herein are considered to be Severe Pruning. As stated herein, Severe Pruning should be avoided due to the damage that such practices can cause to a Tree's form and health.

U. Site of the Subject Tree shall mean the property on which a Subject Tree is located, which shall be located within three hundred (300) feet of the Applicant's property boundary.

V. Solar Energy System shall have the same meaning as set forth in Section 801.5(a) of the California Civil Code, as that Section may be amended, renumbered, or redesignated from time to time. For purposes of this Chapter, the location of a Solar Energy System collector is required to comply with the local building and setback regulations.

W. Subject Tree shall mean a Tree for which an Application has been submitted regarding the alleged Obstruction of Scenic Views and/or Sunlight.

X. Sunlight shall mean the availability of direct and/or indirect sunlight to a room or rooms, or to the existing Solar Energy System of an Applicant’s primary residence.

Y. Thinning shall mean the selective removal of entire branches from a Tree so as to improve visibility through the Tree and/or improve the Tree's structural condition.

Z. Topping shall mean eliminating the upper portion of the trunk or main leader of a Tree. Topping is not recommended in almost all cases.

AA. Tree shall mean any perennial plant growing on public or private property in the ground or in an above-ground container, with a self-supporting woody main stem or trunk. For purposes of this Chapter, “Tree” shall also include vegetation such as shrubs, Hedges, and bushes. References to "Tree" herein shall include both the singular and the plural form. 15 October 6, 2025 Item 8

Page 5 of 20 ends

BB. Tree Owner shall mean the Person who holds title of the real property for the Site of the Subject Tree, or the Person responsible for maintenance of the Subject Tree in accordance with Section

23.51.030 of this Chapter.

CC. Tree Removal shall mean the elimination of any Tree from its present location.

DD. Trimming shall mean the selective removal of portions of branches from a Tree to modify the Tree shape or profile or otherwise alter the Tree's appearance.

23.51.030 Private Property Owner Maintenance of Adjacent Trees Located in Public Right-of-Way.

The maintenance of any Tree located within the public right-of-way, between the improved street edge and the property boundary of a private lot, shall be the responsibility of the adjacent private property owner, and not the City. As such, the adjacent private property owner shall be considered the “Tree Owner” for purposes of this Chapter.

23.51.040 Process for Alleging Obstruction of Scenic Views and/or Sunlight.

A. Application Submission to City.

1. Any Person alleging Obstruction of Scenic Views and/or Sunlight may submit an Application to the City Department of Planning and Community Development, which shall contain the following information and may be subject to review and approval by the Director:
a. Uniform Development Application on a form provided by the City; b. Trees, Scenic Views and Sunlight Supplemental Questionnaire on a form provided by the City; c. Floor plan of the Applicant’s PLA depicting the direction of the Scenic Views and/or floor plan and building elevation plans depicting the source of Sunlight (e.g., windows, doors, or other transparent surfaces);
d. Photographic evidence `taken from the Applicant’s PLA depicting both of the following:
(1) Pre-existing Scenic Views– Photograph must have been taken at some point in time during the timeframe set forth in Section 23.51.010(B)(2) of this Chapter to the present; and
(2) Alleged Obstruction of Scenic Views– Photograph must have been taken on or around the time of Application submittal;
e. Shade study demonstrating the amount and duration of the alleged Obstruction of Sunlight from a PLA or Solar Energy System (for Applications alleging Obstruction of Sunlight only); and
16 October 6, 2025 Item 8

Page 6 of 20 ends

f. Tree survey of the Subject Tree(s) signed and/or stamped by a Certified Arborist and providing the following information, which may be subject to review and approval by the City’s Arborist:
(1) Species, common name and variety of the Subject Tree(s); (2) Physical measurements of the Subject Tree(s) (e.g., height and trunk circumference at two (2) feet above the natural grade);
(3) Approximate age of the Subject Tree(s);
(4) Overall health and structural condition of the Subject Tree(s); (5) Life expectancy and suitability for preservation of the Subject Tree(s); (6) Desired Restorative Action, anticipated impact of such Restorative Action on the Subject Tree(s), and recommended maintenance activities(if any) for the long-term preservation of Applicant’s Scenic Views and/or Sunlight; and
(7) Other recommendations for management of the Subject Tree(s) and/or pertinent information related to the Subject Tree(s).

If the Tree Owner does not grant Applicant’s Certified Arborist access to the Site of the Subject Tree to conduct the tree survey required by this Subsection, then a tree survey shall be prepared containing as much of the above information as possible. Applicant’s Certified Arborist may use other sources to obtain this information, such as photographs taken from other properties, satellite photographs from commercially-available sources, and public record permit information for work performed on the Tree Owner's property.

2. Together with the submission of an Application, the Applicant shall remit an Application fee to the City in an amount established by Ordinance or Resolution of the City Council.

3. Upon review of the Application for completeness, the Director may request additional information, if necessary, within thirty (30) days following Application submittal.

4. The Application will not be deemed complete for further processing by the City until all materials required by this Section and any additional information requested by the Director have been submitted in a format deemed acceptable by the Director.

5. By submitting an Application to the City, Applicant agrees to allow City staff and/or the Tree Owner to personally enter upon Applicant’s property (under Applicant’s supervision) to view and photograph the alleged Obstruction of Scenic Views from the Applicant’s PLA, or in case of sunlight obstruction, from the affected room(s) and/or Solar Energy System.

6. Group Applications are not permitted. A single Application must be submitted for each Person alleging Obstruction of Scenic Views and/or Sunlight. Each Application will be considered on an individual basis at a public hearing before the Planning Commission, or City Council on appeal. 17 October 6, 2025 Item 8

Page 7 of 20 ends

B. Mediation Efforts.

1. Together with the information required under Subsection (A) of this Section, Applicant shall also submit documentation to the City demonstrating the following:
a. Applicant contacted the Tree Owner and made reasonable efforts to resolve the dispute alleging Obstruction of Scenic Views and/or Sunlight, including, at a minimum, offering to engage in Mediation.
b. Proof of Applicant’s efforts to meet and confer with the Tree Owner shall include:
(1) Documented attempts offering to participate in Mediation (via certified mail, e-mail exchanges, text messages, etc.); and
(2) An explanation of whether such offers to participate in Mediation were declined in writing by the Tree Owner, or if Mediation was unsuccessful between the parties.

2. The Tree Owner’s failure to respond to Applicant’s offer for Mediation within thirty (30) days following receipt of the offer shall be deemed a refusal by the Tree Owner to participate in Mediation.

3. If the Tree Owner agrees to Mediation, the Mediation shall be completed within one hundred and eighty (180) days following Tree Owner’s acceptance of Applicant’s offer for Mediation, unless an extension is granted by the Director.

C. Notice to Tree Owner. Within thirty (30) days following receipt of a complete Application, City staff shall provide notice to the Tree Owner including the following information:

1. Copy of the Application and any other materials submitted by the Applicant;

2. Copy of this Chapter 23.51;

3. Statement notifying the Tree Owner that there is still time and an opportunity for the parties to resolve the dispute prior to the public hearing;

4. Statement encouraging the Tree Owner to participate in Mediation and informational materials associated with the Mediation process, such as a referral to the National Conflict Resolution Center; and

5. Notice that a written response to the Application may be submitted in advance of the public hearing for review by the Planning Commission, the deadline for any such response, and the anticipated date and time of the public hearing.

D. Public Hearing and Decision.

1. The Application shall be presented at a noticed public hearing conducted by the City of Del Mar Planning Commission. The public hearing procedures shall be consistent with those contained in Section 7.2 of the Planning Commission’s adopted Policy Manual. 18 October 6, 2025 Item 8

Page 8 of 20 ends

2. The Applicant and the Tree Owner shall each be allowed one (1) request for a postponement of the public hearing, provided that the written request is received by the Director at least fourteen (14) days prior to the scheduled hearing date.

3. At least ten (10) days prior to the scheduled public hearing date, notice shall be published and mailed to all real property owners of record located within three hundred (300) feet of the Applicant's property boundary and the Site of the Subject Tree.

4. During the public hearing, the Applicant and the Tree Owner shall each be allowed an opportunity to present testimony and evidence relating to the Application and the Subject Tree(s). The public shall also be given an opportunity to provide comment on the Application and the Subject Tree(s).

5. The Planning Commission shall issue a decision regarding the Application to determine whether an Obstruction of Scenic Views and/or Sunlight has occurred based on the criteria set forth in Section 23.51.060 of this Chapter.
a. The Planning Commission’s decision shall be documented in the form of a Resolution. b. If the Planning Commission finds in favor of the Applicant, the Planning Commission’s Resolution shall also include the requirement to perform Restorative Action work in accordance with Section 23.51.080 of this Chapter. If desired, the Planning Commission may choose to appoint a subcommittee of the Planning Commission to work with City staff on the creation of a draft Restorative Action plan for consideration and action by the Planning Commission at a future meeting.
c. The Planning Commission's decision on the Application shall become final on the eleventh (11th) business day following the adoption of the Planning Commission’s Resolution, unless appealed to the City Council in accordance with Section 23.51.100 of this Chapter. 19 October 6, 2025 Item 8

Page 9 of 20 ends

23.51.050 Criteria for Determining Unreasonable Obstruction of Scenic Views.

A. In considering whether an unreasonable Obstruction of Scenic Views has occurred pursuant to this Chapter, the Planning Commission, or City Council on appeal, shall determine whether the Subject Tree(s) obstructs the Applicant’s Scenic Views (observed from the Applicant’s PLA) by more than the permissible percentages listed for the type of Scenic Views identified in Table 1 of this Section.

B. The Planning Commission, or City Council on appeal, shall be responsible for determining the type(s) of Scenic View and appropriate view angle upon which to base its review from those listed in Table 1 of this Section. In making this determination, the recommendation of staff may be considered.

C. Scenic Views of a specific type (e.g., White Water, Blue Water, etc.) could possibly be observed from multiple vantage points and directions inside the Applicant’s PLA, resulting in several separated views of a similar type. When this occurs, the Planning Commission, or the City Council on appeal, shall consider the Scenic View to be the culmination of all (separated) views that can be observed within a 180-degree corridor from the PLA, and shall apply the allowable percentages of Obstruction accordingly.

Table 1
ALLOWABLE SCENIC VIEW OBSTRUCTION – 180 DEGREE CORRIDOR Type of Scenic View Slot (< 45°) Middle (45° – 90°) Panorama (> 90°) White Water 0 – 5 % 0 – 5 % 0 – 10 %
Blue Water 0 – 10 % 0 – 10 % 0 – 15 %
Horizon/Back Country 0 – 15 % 0 – 20 % 0 – 20 %

23.51.060 Findingsfor Determining Unreasonable Obstruction of Scenic Views and/or Sunlight.

A. Obstruction of Scenic Views(from the Applicant’s PLA). To render a decision in favor of the Applicant regarding unreasonable Obstruction of Scenic Views, the Planning Commission, or City Council on appeal, shall make all of the following findings of fact:

1. The Subject Tree(s) is/are located on the Tree Owner’s property, which is located within three hundred (300) feet of the Applicant’s property (also referred to herein as the “Site of the Subject Tree”);
20 October 6, 2025 Item 8

Page 10 of 20 ends

2. The Applicant’s Scenic View is consistent with the definition of “Scenic View” as provided in Section 23.51.020 of this Chapter;

3. The Applicant’s stated PLA is consistent with the definition of “Primary Living Area (PLA)” as provided in Section 23.51.020 of this Chapter;

4. The Applicant has contacted the Tree Owner and made reasonable efforts to resolve the dispute alleging Obstruction of Scenic Views, as required by Section 23.51.040(B) of this Chapter;

5. Consistent with Section 23.51.040(A) of this Chapter, the Applicant has provided photographic evidence of prior Scenic Views taken from the Applicant’s PLA on or after the later of the following: (i) the date Applicant acquired Applicant’s property; or (ii) August 1, 2002;

6. Based on a review of the photographic evidence submitted by the Applicant, the Applicant’s Scenic View has been reduced by more than the maximum allowed percentage of Obstruction listed in Table 1 under Section 23.51.050 of this Chapter; and

7. Restoration of the Applicant’s Scenic Views will not create an infringement on the Tree Owner’s privacy that cannot be reasonably mitigated.

B. Obstruction of Sunlight (to the Applicant’s Solar Energy System). To render a decision in favor of the Applicant regarding unreasonable Obstruction of Sunlight to Applicant’s existing Solar Energy System, the Planning Commission, or City Council on appeal,shall make the following findings of fact:

2. The Applicant’s Sunlight is consistent with the definition of “Sunlight” as provided in Section

23.51.020 of this Chapter;

3. The Applicant’s Solar Energy System is consistent with the definition of “Solar Energy System” as provided in Section 23.51.020 of this Chapter;

4. The Applicant has contacted the Tree Owner and made reasonable efforts to resolve the dispute alleging Obstruction of Sunlight, as required by Section 23.51.040(B) of this Chapter;

5. Consistent with Section 23.51.040(A) of this Chapter, the Applicant has provided photographic or other documentable evidence of prior Sunlight to the Solar Energy System taken on or after the later of the following: (i) date Applicant acquired Applicant’s property; or (ii) ten (10) years prior to the submittal date of a complete Trees, Scenic Views and Sunlight application;

6. The Applicant has provided an exhibit demonstrating the amount and duration of the Obstruction of Sunlight in a graphic format, such as a shadow study, as required by Section

23.51.040(A) of this Chapter;

Page 11 of 20 ends

percent (10%) of the Solar Energy System absorption area at any time between 10:00 a.m. and 2:00 p.m., Pacific Standard Time (PST); and

8. Restoration of Sunlight to the Applicant’s Solar Energy System will not create an infringement on the Tree Owner’s privacy that cannot be reasonably mitigated.

C. Obstruction of Sunlight (to a room or rooms of the Applicant’s primary residence). To render a decision in favor of the Applicant regarding unreasonable Obstruction of Sunlight to one or more rooms in the Applicant’s primary residence, the Planning Commission, or City Council on appeal,shall make the following findings of fact:

2. The Applicant’s Sunlight is consistent with the definition of “Sunlight” as provided in Section

23.51.020 of this Chapter;

3. The Applicant has contacted the Tree Owner and made reasonable efforts to resolve the dispute alleging Obstruction of Sunlight, as required by Section 23.51.040(B) of this Chapter;

4. Consistent with Section 23.51.040(A) of this Chapter, the Applicant has provided photographic or other documentable evidence of prior Sunlight to one or more rooms taken on or after the later of the following: (i) the date Applicant acquired Applicant’s property; or (ii) ten (10) years prior to the submittal date of a complete Trees, Scenic Views and Sunlight application;

5. The Applicant has provided an exhibit demonstrating the amount and duration of the Obstruction of Sunlight in a graphic format, such as a shadow study, as required by Section 23.51.040(A) of this Chapter;

6. Based on a review of the photographic evidence and exhibit submitted by the Applicant, the Subject Tree(s) cast(s) shadows greater than fifty percent (50%) of the total window glazing of a room or rooms within the Applicant’s primary residence at any time between 10:00 a.m. and 2:00 p.m., Pacific Standard Time (PST); and

7. Restoration of Sunlight to the sunlight obstructed room or rooms will not create an infringement on the Tree Owner’s privacy that cannot be reasonably mitigated.

23.51.070 Criteria for Determining Appropriate Restorative Action.

After it has been determined through the hearing process that an unreasonable Obstruction has occurred, then the following unweighted factors may be considered by the Planning Commission, or City Council on appeal, in determining the appropriate Restorative Action:

Page 12 of 20 ends

B. The variety of the Subject Tree(s), its/their projected rate of growth and maintenance requirements; C. The aesthetic quality of the Subject Tree(s), including but not limited to, species characteristics, size, growth, form and vigor;
D. The location of the Subject Tree(s) with respect to overall appearance, design and/or use of the Site of the Subject Tree(s);
E. Soil stability provided by the Subject Tree(s) considering soil structure, degree of slope and extent of the Subject Tree's root system per a report from a soils engineer licensed by the State of California; F. Privacy (visual and auditory) and wind screening provided by the Subject Tree(s) to the Tree Owner and neighbors of the Tree Owner;
G. Energy conservation and/or climate control provided by the Subject Tree(s); H. Wildlife habitat provided by the Subject Tree(s);
I. Whether the Subject Tree(s) is/are considered a "Protected Tree", as defined herein and in Chapter

23.50 (Trees) of this Municipal Code;
J. The value of the Subject Tree(s) to the community/neighborhood; K. Whether the Subject Tree(s) is/are located on or in the public right-of-way or City-owned property; and
L. Whether the Subject Tree(s) has/have been deemed “discouraged” or undesirable by the City, as provided in the City’s Public Tree Policy Manual.

23.51.080 Determination of Restorative Action Work to be Performed.

A. Consideration of Recommendations. In determining the type(s) of Restorative Action work to be performed under this Chapter, the Planning Commission, or City Council on appeal, shall first consider any recommendation(s) made by City staff, which could include recommendation(s) from a Certified Arborist retained by the Applicant, Tree Owner and/or City.

B. Types of Restorative Action. Restorative Action work may include, but is not limited to, any of the following (in order of preference):

1. Crown Cleaning. Removing dead, dying, diseased and broken branches from the crown of the Subject Tree(s).

2. Lacing/Thinning. Lacing is the preferred pruning technique, which removes excess foliage within the canopy, improves general views through the Subject Tree(s), and can improve the structure of the Subject Tree(s).
23 October 6, 2025 Item 8

Page 13 of 20 ends

3. Crown Raising. Selectively removing the lower limbs from the crown of the Subject Tree(s).

4. Crown Reduction/Shaping. Crown Reduction/Shaping of the Subject Tree(s) is preferable to Topping or Tree Removal, if it is determined that the impact of Crown Reduction/Shaping would not destroy the visual proportions of the Subject Tree(s), adversely affect the Subject Tree's growth pattern or health, or otherwise constitute a detriment to the Subject Tree(s).

5. Heading Back. Heading Back should only be permitted if all of the following apply:
a. The Subject Tree(s) is/are specifically planted and maintained as a Hedge, espalier, bonsai, or in pollard form;
b. Restorative Actions 1 through 4 of this Section will not accomplish the intended Restorative Action; and
c. Subsequent growth characteristics will not create a future Obstruction of greater proportions.

6. Tree Removal. Tree Removal of the Subject Tree(s) may be considered when the abovementioned Restorative Actions are judged to be ineffective. Where Tree Removal is required, replacement by appropriate species shall be considered by the Planning Commission, or City Council on appeal for feasibility, but is not required.

7. Stand Thinning. The removal of a portion of the total number of Trees from a grove of Trees on the Site of the Subject Tree, including the removal of the Subject Tree(s), without any replacement plantings.

In cases where Trimming or any other type(s) of Restorative Action work may affect the health of a Tree that is intended to be preserved or trees the vicinity, such Restorative Action work shall be carried out in accordance with the standards established by the International Society of Arboriculture (ISA) for use in the State of California and under the supervision of a Certified Arborist.

Severe Pruning should be avoided due to the damage that such practices can cause to a Tree's form and health.

C. Written Conditions. Restorative Action imposed by the Planning Commission, or City Council on appeal, may also include written conditions (such as ongoing maintenance), and directions as to the appropriate timing of such conditions.

D. Ongoing Maintenance. If ongoing maintenance is required by the Planning Commission, or City Council on appeal, as part of the Restorative Action work to be performed, then such ongoing maintenance shall be performed according to the time schedule (e.g., annually, bi-annually, etc.) established by the Planning Commission, or City Council on appeal. On each such occasion that ongoing maintenance is scheduled to occur, the procedures set forth in Section 23.51.090(E) of this Chapter shall apply.

E. Consistency with Chapter. The performance of any Restorative Action work required under this Chapter shall be performed consistent with all other provisions of this Chapter. 24 October 6, 2025 Item 8

Page 14 of 20 ends

F. Timeline for Compliance. Any Restorative Action work required under this Chapter shall be performed no later than the timelines set forth in Section 23.51.090 of this Chapter, unless an exception applies, as follows:

1. An exception applies if it is determined by the Planning Commission, or City Council on appeal, that it would be less harmful to the Subject Tree(s) for the Restorative Action work to occur at a specific time of the year.

2. If it is determined that an exception applies, then the Restorative Action work shall be performed no later than ninety (90) days following the specific date set forth by the Planning Commission, or City Council on appeal.

23.51.090 Allocation of Costs and Procedures for the Payment of Restorative Action Work.

A. Responsibility for Application Fees and Related Costs. The Applicant shall be responsible for the Application fee(s) owed to the City, and any other fees and costs relating to providing the required Application materials to the City, including other information requested by the City to review and process the Application, as well as the costs associated with the public noticing requirement under Section 23.51.040(D) of this Chapter.

B. Responsibility for Costs of Initial Restorative Action Work. When Restorative Action is required by the Planning Commission, or City Council on appeal, the costs for the initial Restorative Action work required to be performed under this Chapter (excluding any ongoing maintenance) shall be as follows:

1. The Applicant and the Tree Owner shall each pay fifty percent (50%) of all costs associated with the initial Restorative Action work, which includes the full cost of the Tree Survey required by DMMC Section 23.51.040(g), unless an exception applies, as set forth below.

2. The Tree Owner shall pay one hundred percent (100%) of all costs associated with the initial Restorative Action work, which includes the full cost of the Tree Survey required by DMMC Section 23.51.040(g), if the Planning Commission, or City Council on appeal, makes a determination that:
a. The Tree Owner has refused to participate in good faith attempts to resolve the dispute as required by Section 23.51.040(B) of this Chapter; and/or b. The Subject Tree constitutes a hazard to the safety of the Applicant and/or the Applicant’s property, and is being maintained by the Tree Owner in disregard for the safety of others and/or property.

C. Responsibility for Costs of Ongoing Maintenance. The Tree Owner shall pay one hundred percent (100%) of all costs associated with any ongoing maintenance of the Subject Tree(s) required by the Restorative Action plan approved by the Planning Commission, or City Council on appeal, whether or not the Applicant paid any or all of the costs for the initial Restorative Action work.

D. Procedures for Payment, Scheduling and Completion of Initial Restorative Action Work. 25 October 6, 2025 Item 8

Page 15 of 20 ends

1. Applicant Partially Responsible for Costs of Initial Restorative Action Work. When the Applicant is partially responsible for the cost of the initial Restorative Action work as set forth in Subsection (B)(1) of this Section, then the following procedures shall be enacted:
a. For any initial Restorative Action work, the Tree Owner shall submit to the City two (2) itemized written cost estimates for performing the initial Restorative Action work. The estimates shall be prepared by licensed and insured landscape or Tree service contractors, under the supervision of a Certified Arborist, and acceptable to the City. The estimates shall be submitted to the City within thirty (30) days following the adoption of the Resolution approving the Restorative Action plan. The estimates shall be subject to review for acceptance by the Director. The Director reserves the right to consult with a Certified Arborist retained by the City if both of the estimates appear to be substantially above the professional average for such services, and in that case, the Tree Owner shall be responsible for reimbursing the City for the cost of consultation with the City Arborist and may be required to submit additional estimates to the City.
b. Estimates provided by the Tree Owner shall only include, and the Applicant shall only be responsible for, payment of costs to perform the initial Restorative Action work (excluding any ongoing maintenance) as required by the Planning Commission, or City Council on appeal. Such costs may include debris removal/recycling fees, and the purchase and installation of mitigation Trees (if required by the Planning Commission, or City Council on appeal). Applicant shall not be responsible for any other costs associated with the Restorative Action work required to be performed, including, but not limited to, tarping, removal and/or replacement of fencing, walls or other improvements to bring equipment onto the Site of the Subject Tree, temporary relocation and re-installation or removal and replacement of appurtenances, structures, fixtures and other improvements on the Site of the Subject Tree, and/or any other costs not directly related to the costs of performing the Restorative Action work, as required by the Restorative Action plan approved by the Planning Commission, or City Council on appeal.
c. Within fifteen (15) days following the Director’s acceptance of the cost estimates submitted by the Tree Owner, the Applicant shall deposit with the City an amount equal to the cost percentage required to be paid by the Applicant pursuant to Subsection (B) of this Section, using the lower amount of the two cost estimates. Failure of the Applicant to timely make the required deposit within these fifteen (15) days will render the City’s Resolution requiring the Restorative Action work to become null and void.
d. Once the Applicant’s deposit is received by the City, the Tree Owner shall, at the Tree Owner’s sole discretion, choose which one of the two companies that submitted estimates accepted by the Director will perform the initial Restorative Action work, and shall notify the City of its decision. Within thirty (30) days following the City’s receipt of the Applicant's deposit (or such other period of time as the Planning Commission, or City Council on appeal, may determine to be reasonable and appropriate), the Tree Owner shall schedule the initial Restorative Action work to be completed. If the Tree Owner does not have the initial Restorative Action work completed within thirty (30) days or within the time-period indicated by the Planning Commission, or City Council on appeal, then the City may pursue 26 October 6, 2025 Item 8

Page 16 of 20 ends

any and all available remedies and enforcement mechanisms against the Tree Owner, in accordance with Section 23.51.110 of this Chapter.
e. The Tree Owner shall notify the City in advance of the date and time that the initial Restorative Action work is scheduled to take place. City staff, or a qualified third party designated by the City, shall inspect the initial Restorative Action work, upon completion, to determine whether the work complies with and satisfies the requirements and conditions contained in the Restorative Action plan. The City’s inspection of the initial Restorative Action work shall be scheduled for a time when the contractors performing the initial Restorative Action work are still present at the Site of the Subject Tree and available to perform additional work, if deemed required by the City. The final determination of compliance with and satisfaction of the Restorative Action plan is made by the Director. f. Following City approval of the initial Restorative Action work, the Tree Owner shall submit a copy of an invoice for the work performed to the City. Upon submittal of the invoice, the City shall transmit the funds held in the City’s deposit account to the Tree Owner.

2. Tree Owner Fully Responsible for Costs of Initial Restorative Action Work. When the Tree Owner is fully responsible for the cost of the initial Restorative Action as set forth in Subsection (B)(2) of this Section, then the following procedures shall be enacted:
a. The initial Restorative Action work shall be completed within thirty (30) days following adoption of the Resolution approving the Restorative Action plan (or such other period of time as the Planning Commission, or City Council on appeal, may determine to be reasonable and appropriate). If the Tree Owner does not have the initial Restorative Action work completed within the time-period indicated by the Planning Commission or within thirty (30) days, then the City may pursue any and all available remedies and enforcement mechanisms against the Tree Owner, in accordance with Section 23.51.110 of this Chapter. b. The Tree Owner shall notify the City in advance of the date and time that the initial Restorative Action work is scheduled to take place. City staff, or a qualified third party designated by the City, shall inspect the initial Restorative Action work, upon completion, to determine whether the work complies with and satisfies the requirements and conditions contained in the Restorative Action plan. The City’s inspection of the initial Restorative Action work shall be scheduled for a time when the contractors performing the initial Restorative Action work are still present at the Site of the Subject Tree and available to perform additional work, if deemed required by the City. The final determination of compliance with and satisfaction of the Restorative Action plan is made by the Director.

E. Procedures for Scheduling and Completion of Ongoing Restorative Action Work.

1. Any ongoing maintenance required as part of the Restorative Action plan shall be completed according to the time schedule (e.g., annually, bi-annually, etc.) established by the Planning Commission, or City Council on appeal. If the Tree Owner does not timely complete the ongoing maintenance work, then the City may pursue any and all available remedies and enforcement mechanisms against the Tree Owner, in accordance with Section 23.51.110 of this Chapter. 27 October 6, 2025 Item 8

Page 17 of 20 ends

2. The Tree Owner shall notify the City in advance of the date and time that the ongoing maintenance work is scheduled to take place. City staff, or a qualified third party designated by the City, shall inspect the ongoing maintenance work upon its completion to determine whether the work complies with and satisfies the requirements and conditions contained in the Restorative Action plan. The City’s inspection of the ongoing maintenance work shall be scheduled for a time when the contractors performing the work are still present at the Site of the Subject Tree and available to perform additional work, if deemed required by the City. The final determination of compliance with and satisfaction of the Restorative Action plan is made by the Director.

23.51.100 Appeal.

A. The Planning Commission's decision under this Chapter shall become final on the eleventh (11th) business day following the adoption of the Planning Commission’s Resolution documenting the decision, unless the decision is appealed pursuant to this Section.

B. The Planning Commission’s decision may be appealed to the City Council consistent with the appeal provisions of this Municipal Code.

C. The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of any final decision made by the City of Del Mar pursuant to this Chapter.

23.51.110 Enforcement.

Failure to comply with any provision under this Chapter shall constitute a misdemeanor or infraction, punishable in accordance with the provisions of Chapter 1.08 of this Municipal Code, and is further declared to be a public nuisance that may be enjoined or abated as provided by law.

23.51.120 Liability.

A. The City shall not be liable for any claims, demands, causes of actions, damages, injuries, litigation, costs, and/or liability arising out of or related to any agreement, decision, determination, or order concerning claims relating to Scenic Views and/or Sunlight that may result from Mediation or litigation.

B. Under no circumstances shall the City have any responsibility or liability to enforce or seek any legal redress (civil or criminal) for any agreement, decision, determination, or order that any other Person or entity makes concerning claims relating to Scenic Views and/or Sunlight.

23.51.140 Limitations.

A. It is not the intent of the City in adopting this Chapter to affect obligations imposed by an existing easement or a valid pre-existing covenant or agreement between private parties.

B. Nothing in the Chapter shall deny private parties the right to seek remedial action for any Imminent Danger caused by any Tree(s).
28 October 6, 2025 Item 8

Page 18 of 20 ends

23.51.150 Process for Alleging Obstruction of Scenic Views and/or Sunlight by City Trees.

The below provisions shall apply when any Person alleges Obstruction of Scenic Views and/or Sunlight caused by City Trees. The process for determining whether an unreasonable Obstruction of Scenic Views and/or Sunlight has occurred as a result of City Trees is set forth below.

A. Application Submittal.

1. Any Person who believes that the growth, improper maintenance and/or installation of a City Tree has caused an unreasonable Obstruction of Scenic Views and/or Sunlight may submit an Application to the City in accordance with the provisions of Section 23.51.040(A) of this Chapter.

2. Together with the submission of an Application, the Applicant shall remit an Application fee to the City in an amount established by Ordinance or Resolution of the City Council.

3. Upon review of the Application for completeness, the Director may request additional information, if necessary, within thirty (30) days following Application submittal.

B. City’s Review of the Alleged Obstruction. Upon receipt of a complete Application, the Director, in consultation with the City’s Public Works Director and/or a City Arborist, shall:

1. Review and evaluate the Application to determine whether the required findings of fact can be made pursuant to Section 23.51.060 of this Chapter;

2. Perform a site visit to the Applicant’s PLA, room or rooms affected by Sunlight Obstruction, or Solar Energy System; and

3. Consider the public interest in maintaining the public environment created by the existing City Tree(s) and its/their contribution to the community character.

C. City’s Decision and Public Notice.

1. The Director shall approve or deny the Application by written decision within thirty (30) days following the Application has been deemed complete.

2. The Director’s written decision shall specify findings of fact for Application approval or denial as provided in Section 23.51.060 of this Chapter.

3. Approval of an Application under this Section shall include appropriate Restorative Action based on a recommendation by City staff working in consultation with a City Arborist. The Restorative Action plan shall consider the criteria set forth in Section 23.51.070 of this Chapter, shall be consistent with Section 23.51.080 of this Chapter, and shall involve the least amount of impact necessary to the overall aesthetic of the City Tree(s). 29 October 6, 2025 Item 8

Page 19 of 20 ends

4. If the Restorative Action plan requires Tree Removal of a Protected City Tree, the City shall provide public notice of the Director’s decision, as follows:
a. Notice shall be posted on the City’s website and mailed to all owners of real property located within three hundred (300) feet of the location of the City Tree(s). b. Notice shall include a number assigned to the Application, a description of the City Tree(s) causing an Obstruction of Applicant’s Scenic Views and/or Sunlight, and information on the process for appealing the Director’s decision.

5. The Director’s decision shall become final on the eleventh (11th) business day following the date of the posted/mailed public notice, unless appealed.

D. Appeal of Director’s Decision. For purposes of this Section only, the Director’s decision may be appealed to the Planning Commission pursuant to the provisions of this Municipal Code. The Planning Commission’s decision shall become final on the eleventh (11th) business day following the adoption of the Planning Commission’s Resolution, unless appealed to the City Council in accordance with Section 23.51.100 of this Chapter.

E. Procedures for Restorative Action Work and Allocation of Costs.

1. If any Restorative Action work is required to be performed in accordance with this Section, the City and the Applicant shall each be responsible for paying fifty percent (50%) of the cost to perform the Restorative Action work.

2. Within thirty (30) days following the date the Director’s written decision approving the Application, City staff shall provide the written decision to the City’s contracted tree maintenance company to obtain a cost estimate for the performance of the Restorative Action work.

3. Upon receipt of the cost estimate for the performance of the Restorative Action work, City staff shall provide the Applicant with an invoice for fifty percent (50%) of the total cost estimate.

4. Within fifteen (15) days following receipt of the invoice from the City, the Applicant shall remit the full invoiced amount to the City as a deposit for the performance of the Restorative Action work. Failure of the Applicant to timely make the required deposit within these fifteen (15) days will render the Director’s decision requiring the Restorative Action work to become null and void.

5. Upon completion of the Restorative Action work, the deposited funds shall be used towards payment of the Applicant’s fifty percent (50%) share of the total cost to perform the Restorative Action work.
a. If the final cost of the Restorative Action work is less than the initial estimate, any unused amount of the deposit shall be returned to the Applicant. b. If the final cost of the Restorative Action work exceeds the initial estimate, the City shall provide the Applicant with an invoice for the remaining amount owed by the Applicant. 30 October 6, 2025 Item 8

Page 20 of 20 ends

Within fifteen (15) days following receipt of the invoice, the Applicant shall remit to the City the remaining amount of the Applicant’s share owed to the City. 31 October 6, 2025 Item 8
TSVS Code/Process Update
“Guiding Principles”
(Accepted by City Council on 10/7/2024)

1. Ensure administration of the new regulations will not overburden City resources (including staff/legal resources);

2. Establish objective application criteria and processing framework;

3. Rely upon precise, objective, and documentable decision findings to reduce appeals and legal challenges to the greatest extent possible;

4. Incorporate a clear and expedited process for applications involving “City” and “Protected” trees;

5. Ensure an equitable cost allocation process to initiate the view/sunlight restoration process, perform view restoration work, and maintain restored scenic views;

6. Encourage and create a pathway for neighbors to seek an alternative route to successful dispute resolution outside of the City TSVS process;

7. Balance and acknowledge the needs of private view/sunlight protection with all benefits provided by tree and vegetation growth, the goals of the Climate Action Plan, the goals and provisions of the Design Review process and the City’s tree policies and regulations;

8. Address the applicability of “accidental” views (downed trees, fire impacts, etc.) and “good neighbor” view creation in the context of view rights established by the regulations;

9. Provide an objective balance between the privacy provided by hedges and a neighbor’s established scenic views and/or sunlight through consideration of height regulations.

ATTACHMENT B
32 October 6, 2025 Item 8
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Matt Bator, AICP, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: December 2, 2024
SUBJECT: Identification of Issues for Updating the Trees, Scenic Views, and Sunlight Regulations
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council receive an informational update and provide feedback and direction regarding proposed issue areas to be amended in the City’s Trees, Scenic Views, and Sunlight regulations.

BACKGROUND:

The City Council Work Plan for Fiscal Year 2024-2025 includes updating Del Mar Municipal Code (DMMC) Chapter 23.51, also known as the Trees, Scenic Views, and Sunlight (TSVS) Ordinance, and the City’s Tree Policy Manual and associated code/regulations (DMMC Chapter 23.50) with the goal of protecting and enhancing the City’s urban forest tree canopy while managing the City’s wildfire risk.

On October 7, 2024, staff presented to the City Council nine “guiding principles” to inform and influence the updating of the TSVS. The City Council received public testimony, discussed the draft guiding principles, and provided additional direction to ensure that the preservation of “sunlight,” in addition to scenic views, is given equal weight in the guiding principles and revisions to the TSVS regulations. The guiding principles have been included as Attachment A.

DISCUSSION:

Since the City Council’s acceptance of the guiding principles, staff has evaluated the reoccurring issues that have arisen while processing TSVS applications since the original adoption of the TSVS Ordinance (No. 747) in July 2002. Additionally, staff has reviewed information and reports pertaining to view regulations in twenty-seven (27) other jurisdictions, identifying common implementation issues and how the respective regulations have been modified and improved over time.

Through this research staff has identified a series of amendments/revisions that implement the guiding principles and the direction they provide for improvement of Del Mar’s TSVS regulations, process, and procedures. Staff also met with the City Council’s 1 December 2, 2024 Item 10

ATTACHMENT C
33 October 6, 2025 Item 8
City Council Agenda Report
TSVS Update – Issue Identification
December 2, 2024

Page 2 of 2 ends

Planning Process Subcommittee (Mayor Druker and Deputy Mayor Gaasterland) as part of this issue identification process.

Of the five issue areas identified, staff is seeking early input and direction prior to proceeding with draft language for introduction of an ordinance to amend the TSVS regulations (DMMC Chapter 23.51). The five specific issues are related to: 1) the time period for which view restoration can be sought; 2) required findings for determining unreasonable scenic view and/or sunlight obstruction; 3) cost apportionment; 4) claims against City trees; and 5) unregulated hedge heights. Staff review and discussion of these issue areas is provided in Attachment B, and each discussion includes a specific policy question, associated background information, staff’s recommendation, and the guiding principles that apply. Following the five policy inquiries is a list of additional sections and components of the TSVS regulations identified for proposed revision.

Staff requests that the City Council review and provide feedback and direction as to whether staff should proceed with drafting amendments to DMMC Chapter 23.51 as indicated and recommended in Attachment B.

FISCAL IMPACT:

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

ENVIRONMENTAL IMPACT:

There is no environmental impact on receiving the report. The proposed City Council action does not constitute a “project” under the definition set forth in the California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is not subject to CEQA.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Updating the Trees, Scenic Views, and Sunlight Ordinance is an identified Tier 2 Council priority for Fiscal Year 2024-25.

ATTACHMENTS:

Attachment A – TSVS Update Guiding Principles
Attachment B – Identification of TSVS Issues and Potential Revisions 2 December 2, 2024 Item 10 34 October 6, 2025 Item 8
TSVS Code/Process Update
“Guiding Principles”
(Accepted by City Council on 10/7/2024)