Agenda, regular meeting, first session — Del Mar City Council, December 15, 2025 (part 2 of 2)

embankment. TC Construction has recently completed other successful emergency repairs for the City and is already mobilized on-site for the undergrounding project. These repairs will restore the storm drain system and roadway to safe conditions. TC Construction was authorized on December 8, 2025, to proceed with the emergency repairs with construction planned for this week.

Approximately half of this work was originally included in the scope of work for the San Dieguito Drive Improvements Project, which was bid out as an alternate bid item for the Crest Canyon (X1A) undergrounding project but not awarded. Staff will revise those drawings and remove this portion of work from that project, which will lower the price to complete the San Dieguito Drive Improvements in the future.

The Planning and Community Development Department reviewed the extent of the emergency repairs and determined it is consistent with Del Mar Municipal Code Section

30.75.200.I and the Coastal Development Permit and associated entitlements for the San Dieguito Drive project (CDP24-024/CUP24-004/DRB24-004/LC24-006/TRP24-012).

Section 7.04.090A of the Del Mar Municipal Code provides an exemption from the City’s normal bidding process to address these types of emergency repairs. Staff negotiated a lump sum price of $109,280 for the emergency construction with TC Construction.

Furthermore, staff is allocating $21,170 for inspection services and contingency. The estimated emergency repair costs are summarized below:

Emergency Construction Services (TC Construction) $109,280 Inspection and Contingency $21,720
Total estimated costs as of 12/15/25 $131,000
FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. The total estimated cost for these emergency repair services is $131,000. Sufficient funding is already appropriated within the Storm Drain Improvements Project (55.7000.7045) in the adopted Fiscal Year 2025-2026 Operating and Capital Budget.

ENVIRONMENTAL IMPACT:

In accordance with the California Environmental Quality Act (CEQA) Guidelines Sections 21080(b)(4) and 15269(b)), the proposed emergency repair work is Statutorily Exempt from CEQA review in that the emergency repair work is necessary to maintain service essential to the public health, safety, or welfare. In addition, CEQA Guidelines Sections 15301, 15302, and 15304 are also applicable, as the Categorical Exemption sections are applicable to the Notice of Exemption filed with the San Dieguito Drive Capital Improvement Project identified above.

ATTACHMENTS:

Attachment A – Emergency Repair Photos
2 December 15, 2025 Item 7
Emergency Storm Drain and Roadway
Repair along San Dieguito Drive
December 15, 2025

ATTACHMENT A
3 December 15, 2025 Item 7
Attachment A
2 4 December 15, 2025 Item 7
Attachment A
3 5 December 15, 2025 Item 7
Attachment A
4 6 December 15, 2025 Item 7
Attachment A
5 7 December 15, 2025 Item 7
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and Councilmembers
FROM: Sarah Krietor, Administrative Services Manager
Kseniia Izgarskaia, Senior Management Analyst
Marco Camacho, Finance Manager/Treasurer
Via Ashley Jones, City Manager
DATE: December 15, 2025
SUBJECT: Proposed Reclassification of Finance Division Accounting Position REQUESTED ACTION/RECOMMENDATION:

It is recommended that the City Council adopt a Resolution (Attachment A) authorizing reclassification of one Accounting Technician I/II position to an Accountant I/II position and amending the Fiscal Year 2025-2026 Management, Professional and Confidential Compensation Plan to reflect this change (Exhibit A to Attachment A).

BACKGROUND:

The Finance Division of the Administrative Services Department handles the City’s accounting and finance activities and consists of five positions, including Finance Manager, Finance Officer, and three Accounting Technicians, each of whom are responsible for the respective areas of utility billing, payroll, and accounts payable.

After a thorough assessment of the current and future work plan for the Finance Division and to provide the critically needed level of operational and analytical support for the department, staff propose to reclassify one current Accounting Technician I/II position to an Accountant I/II position. The reason for this change is to better meet the City’s operational needs by allowing the reclassified position to handle more complex accounting work such as journal entries, year-end support, bank reconciliation and analysis, special projects including Enterprise Resource Planning (ERP) financial system implementation, and other accounting-related tasks. Additionally, having another professional level accounting position will help strengthen the City’s fiscal internal controls.

DISCUSSION/ANALYSIS:

The proposed action will reclassify one of the current Accounting Technician I/II positions to an Accountant I/II position and amend the City’s compensation schedule to reflect this change. The estimated fully loaded total cost for the Accountant I/II series, including salary and benefits, ranges from $103,465 to $138,200 per year, depending on the position and level. The base salary is $75,663.17 to $91,969.05 for Accountant I and $87,842.58 to 1 December 15, 2025 Item 8
City Council Agenda Report
Reclassification of Finance Department Accounting Position December 15, 2025

Page 2 of 2 ends

$106,773.20 for Accountant II. The reclassification of the incumbent Accounting Technician employee will result in an estimated annual increase of approximately $13,500, including salary and benefits. If approved, the proposed reclassification will become effective the first day of the pay period following the Council approval date.

As a requirement of State labor law and the Memorandum of Agreement between the Del Mar City Employees Association (DMCEA) and the City, staff met and conferred with the DMCEA on the impacts of the City’s proposal to reclassify the DMCEA represented Accounting Technician position to an unrepresented Accountant position. After a thorough discussion, the DMCEA did not object to the proposed position reclassification.

FISCAL IMPACT:

If approved, the recommended action will result in an overall annual increase of approximately $13,500 for the remainder of Fiscal Year 2025-2026. Sufficient funds are available to cover the cost increase due to salary/benefit savings resulting from other City vacancies; therefore, no budget adjustment is required to the Fiscal Year 2025-2026 Operating and Capital Budget.

ENVIRONMENTAL IMPACT:

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

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

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

ATTACHMENTS:

Attachment A – Resolution Authorizing the Reclassification and Amending the Compensation Plan
Exhibit A to Attachment A – Amended Management, Professional and Confidential Compensation Plan
2 December 15, 2025 Item 8
RESOLUTION NO. 2025-X

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AUTHORIZING THE RECLASSIFICATION OF

ONE ACCOUNTING TECHNICIAN I/II POSITION TO

ACCOUNTANT I/II, AND AMENDING THE COMPENSATION PLAN

FOR MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL

EMPLOYEES
WHEREAS, from time to time the City’s staffing needs are reassessed and adjusted to maximize efficiency and ensure effective operations; and WHEREAS, after a thorough assessment of the current and future work plan for the Finance Division of the Administrative Services Department and to provide the critically needed level of operational and analytical support for the department, one current Accounting Technician I/II position is being reclassified to an Accountant I/II position; and
WHEREAS, the California Public Employees Retirement System (CalPERS) regulations require all City employee compensation to be reflected on a publicly available, City Council approved compensation plan; and
WHEREAS, the City Council desires to amend the compensation plan for the Management, Professional and Confidential Employees to reflect the reclassification of one Accounting Technician I/II position to an Accountant I/II position (Exhibit A).

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

1. The above recitals are true and correct.

2. One Accounting Technician I/II is hereby unfunded, and one Accountant I/II position is funded.

3. The Management, Professional, and Confidential Employee Compensation Plan is amended as shown in Exhibit A.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 15th day of December 2025. _____________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________________
Leslie E. Devaney, City Attorney
City of Del Mar
3 December 15, 2025 Item 8
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 15th day of December 2025, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
4 December 15, 2025 Item 8

CITY OF DEL MAR

MANAGEMENT AND PROFESSIONAL COMPENSATION PLAN
SALARY INCREASE 3.0%

POSITION TITLE RANGE
City Manager M500 Contract 267,372.00
Assistant City Manager M900 - 225,184.62 185,259.94
Department Directors M850 - 201,057.69 165,410.66
Principal Engineer M810 - 167,093.94 137,468.60
Deputy Directors/Managers M800 - 157,635.80 129,687.37
Finance Officer M780 - 144,204.40 118,637.32
Information Technology Manager II P287 - 141,078.46 116,065.60 Public Works Operations Manager II P287 - 141,078.46 116,065.60 Facilities Manager II P287 - 141,078.46 116,065.60
Information Technology Manager I P274 - 123,960.38 101,982.51 Senior Management Analyst P274 - 123,960.38 101,982.51
Senior Planner P274 - 123,960.38 101,982.51
Public Works Operations Manager I P274 - 123,960.38 101,982.51 Facilities Manager I P274 - 123,960.38 101,982.51
Associate Management Analyst P259 - 106,773.20 87,842.58 Associate Planner P259 - 106,773.20 87,842.58
Parking and Community Enforcement Lieutenant P259 - 106,773.20 87,842.58 Accountant II* P259 - 106,773.20 87,842.58
Lifeguard Sergeant P255 - 95,661.46 78,700.92
Management Analyst P244 - 91,969.05 75,663.17
Assistant Planner II P244 - 91,969.05 75,663.17
Accountant I* P244 - 91,969.05 75,663.17
Assistant Management Analyst P233 - 82,434.04 67,818.69 Assistant Planner I P229 - 79,217.48 65,172.41
* Adopted 12/15/2025 by Resolution 2025-xx
EFFECTIVE JULY 1, 2025

ANNUAL SALARY
5 December 15, 2025 Item 8

CITY OF DEL MAR

MANAGEMENT AND PROFESSIONAL COMPENSATION PLAN
SALARY INCREASE 3.0%
POSITION TITLE Grade A B C D E
Assistant City Manager M900
-Hourly 89.0673 93.5206 98.1967 103.1065 108.2618
-Bi-Weekly 7,125.38 7,481.65 7,855.73 8,248.52 8,660.95 -Monthly 15,438.33 16,210.24 17,020.76 17,871.79 18,765.38 -Annual 185,259.94 194,522.94 204,249.08 214,461.54 225,184.62 Department Directors* M850
-Hourly 79.5244 83.5006 87.6756 92.0594 96.6624
-Bi-Weekly 6,361.95 6,680.05 7,014.05 7,364.75 7,732.99 -Monthly 13,784.22 14,473.43 15,197.10 15,956.96 16,754.81 -Annual 165,410.66 173,681.19 182,365.25 191,483.51 201,057.69 Principal Engineer * M810
-Hourly 66.0907 69.3952 72.8650 76.5082 80.3336
-Bi-Weekly 5,287.25 5,551.62 5,829.20 6,120.66 6,426.69 -Monthly 11,455.72 12,028.50 12,629.93 13,261.42 13,924.50 -Annual 137,468.60 144,342.03 151,559.13 159,137.09 167,093.94 Deputy Directors/Managers** M800
-Hourly 62.3497 65.4672 68.7405 72.1776 75.7864
-Bi-Weekly 4,987.98 5,237.37 5,499.24 5,774.21 6,062.92 -Monthly 10,807.28 11,347.64 11,915.03 12,510.78 13,136.32 -Annual 129,687.37 136,171.73 142,980.32 150,129.34 157,635.80 Finance Officer M780
-Hourly 57.0372 59.8890 62.8835 66.0277 69.3290
-Bi-Weekly 4,562.97 4,791.12 5,030.68 5,282.21 5,546.32 -Monthly 9,886.44 10,380.77 10,899.80 11,444.79 12,017.03 -Annual 118,637.32 124,569.18 130,797.64 137,337.52 144,204.40 Information Technology Manager II P287
Public Works Operations Manager II
Facilites Manager II
-Hourly 55.8008 58.5908 61.5203 64.5964 67.8262
-Bi-Weekly 4,464.06 4,687.26 4,921.63 5,167.71 5,426.09 -Monthly 9,672.13 10,155.74 10,663.53 11,196.70 11,756.54 -Annual 116,065.60 121,868.88 127,962.32 134,360.44 141,078.46 Information Technology Manager I P274
Senior Management Analyst
Senior Planner
Public Works Operations Manager I
Facilites Manager I
-Hourly 49.0301 51.4816 54.0556 56.7584 59.5963
-Bi-Weekly 3,922.40 4,118.52 4,324.45 4,540.67 4,767.71 -Monthly 8,498.54 8,923.47 9,369.64 9,838.13 10,330.03
-Annual 101,982.51 107,081.63 112,435.72 118,057.50 123,960.38 * An additional 10% Special Compensation is paid to the Principal Engineer and Public Works Director who maintain an Engineer's License. ** Deputy Directors/Managers
Administrative Services Manager/City Clerk
Deputy Chief Lifeguard/Community Services Director
Finance Manager/City Treasurer
Principal Planner/Planning Manager
Special Projects and Programs Manager
EFFECTIVE JULY 1, 2025
6 December 15, 2025 Item 8

CITY OF DEL MAR

MANAGEMENT AND PROFESSIONAL COMPENSATION PLAN
SALARY INCREASE 3.0%
POSITION TITLE Grade A B C D E
EFFECTIVE JULY 1, 2025
Associate Management Analyst P259
Associate Planner
Parking and Community Enforcement Lieutenant
Accountant II
-Hourly 42.2320 44.3436 46.5608 48.8888 51.3333
-Bi-Weekly 3,378.56 3,547.49 3,724.86 3,911.11 4,106.66 -Monthly 7,320.21 7,686.23 8,070.54 8,474.06 8,897.77
-Annual 87,842.58 92,234.70 96,846.44 101,688.76 106,773.20 Lifeguard Sergeant P255
-Hourly 37.8370 39.7288 41.7153 43.8010 45.9911
-Bi-Weekly 3,026.96 3,178.31 3,337.22 3,504.08 3,679.29 -Monthly 6,558.41 6,886.33 7,230.65 7,592.18 7,971.79
-Annual 78,700.92 82,635.96 86,767.76 91,106.15 95,661.46 Management Analyst P244
Assistant Planner II
Accountant I
-Hourly 36.3765 38.1953 40.1051 42.1104 44.2159
-Bi-Weekly 2,910.12 3,055.63 3,208.41 3,368.83 3,537.27 -Monthly 6,305.26 6,620.53 6,951.55 7,299.13 7,664.09
-Annual 75,663.17 79,446.32 83,418.64 87,589.57 91,969.05 Assistant Management Analyst P233
-Hourly 32.6051 34.2354 35.9472 37.7445 39.6318
-Bi-Weekly 2,608.41 2,738.83 2,875.77 3,019.56 3,170.54 -Monthly 5,651.56 5,934.14 6,230.84 6,542.38 6,869.50
-Annual 67,818.69 71,209.62 74,770.11 78,508.61 82,434.04 Assistant Planner I P229
-Hourly 31.3329 32.8995 34.5445 36.2717 38.0853
-Bi-Weekly 2,506.63 2,631.96 2,763.56 2,901.74 3,046.83 -Monthly 5,431.03 5,702.59 5,987.72 6,287.10 6,601.46
-Annual 65,172.41 68,431.03 71,852.59 75,445.21 79,217.48 7 December 15, 2025 Item 8
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Kaitlyn Elliott-Norgrove, Special Projects & Programs Manager Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: December 15, 2025
SUBJECT: Introduction of an Ordinance to Repeal and Replace Chapter 11.40 of the Del Mar Municipal Code to Prohibit the Use of Expanded Polystyrene and SingleUse, Non-Compostable Disposable Food Service Ware Citywide, and SingleUse Plastic Beverage Bottles at City Facilities and City-Sponsored Events REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council introduce an Ordinance (Attachment A) to repeal and replace Del Mar Municipal Code (DMMC) Chapter 11.40 to prohibit the use of expanded polystyrene and single-use, non-compostable disposable food service ware; the sale of expanded polystyrene coolers and ice chests or other food containers; and the use of singleuse plastic beverage bottles at City facilities and City-sponsored events.

BACKGROUND:

The City of Del Mar (City) is a leader in sustainability practices and takes actions to protect natural resources, divert plastics and similar waste from landfills, increase the degradation of waste products in landfills, reduce greenhouse gas emissions, and increase City cleanliness and quality of life by reducing litter on City beaches and public areas.

The City previously implemented local regulations to decrease litter and pollution by prohibiting the use of the following single-use plastics citywide: 1) single-use plastic carry-out bags (2016); 2) expanded polystyrene (e.g., Styrofoam) and non-recyclable plastic disposable food service ware (2018); 3) plastic straws and stirrers, and the distribution of paper, biodegradable or reusable straws, unless requested by customers (2019); and 4) balloons filled with a gas lighter than air (2023).

Since the City’s ordinance prohibiting the use of expanded polystyrene and non-recyclable plastic disposable food service ware was adopted in 2018, other jurisdictions throughout San Diego County, including the cities of Solana Beach, Carlsbad, and Coronado, have adopted local regulations that have taken previously adopted plastic disposable food service ware ordinances a step further to prohibit the use of all single-use non-compostable plastic food service ware.
1 December 15, 2025 Item 9
City Council Agenda Report
Introduction of an Ordinance Related to Single-Use Disposable Food Service Ware December 15, 2025

Page 2 of 5 ends

At the recommendation of the City’s Sustainability Advisory Committee (SAC), the City Council prioritized the development of an ordinance to further regulate the use of single-use disposable food service ware citywide and at City-sponsored events as a Fiscal Year 2025 Tier 3 City Work Plan item.

DISCUSSION/ANALYSIS:

In collaboration with the SAC and its Plastics Subcommittee, staff thoroughly researched similar ordinances in San Diego County and sought feedback from the City’s waste hauler, EDCO, and the Del Mar business community. Consistent with the City Council’s direction for the proposed ordinance, staff prepared repeal and replace language for Chapter 11.40 of the DMMC that would:
 Prohibit food providers from dispensing prepared food to customers in expanded polystyrene or disposable food service ware made from single-use, non-compostable materials; and
 Prohibit the use of expanded polystyrene or disposable food service ware made from single-use, non-compostable materials at City facilities, City-managed concessions, City-sponsored and co-sponsored events, and City-permitted events.

The primary difference between Chapter 11.40 as it is currently written and the proposed ordinance is the expansion of the prohibition to all disposable food service ware that is single use and/or non-compostable. Under the proposed ordinance, compostable materials must be compliant with EDCO’s anerobic digester composting facility, through which the City’s organic waste is processed. In other words, the proposed ordinance would require a food service provider to use disposable food service ware that is appropriate for EDCO’s facilities.

Permissible materials would include paper containers and straws that are not coated in wax or plastic and untreated wood or bamboo. Items made from other plant-based materials such as corn or potato starch would not be allowed as these materials are non-compliant with EDCO’s facilities.

At the SAC’s meeting on October 27, 2025, staff presented the draft ordinance and received feedback and recommendations from the committee. Key recommendations included:
 Remove the exemption for expanded polystyrene coolers from Chapter 11.40 (“Polystyrene coolers and ice chests or other food containers intended for reuse”); and  Include the prohibition of single-use plastic beverage bottles at City facilities and Citysponsored events.

Following the SAC meeting, staff conducted additional research and determined that other jurisdictions have adopted similar rules regarding expanded polystyrene coolers and plastic beverage bottles. Specifically, the City of Carlsbad instituted a plastic beverage bottle prohibition for City facilities and City-sponsored events in 2022, and Coronado adopted a similar expanded polystyrene cooler prohibition in 2025. While these coolers have been 2 December 15, 2025 Item 9
City Council Agenda Report
Introduction of an Ordinance Related to Single-Use Disposable Food Service Ware December 15, 2025

Page 3 of 5 ends

exempted in the City to-date, staff is not aware of any Del Mar businesses that sell expanded polystyrene coolers, and therefore, does not anticipate challenges with the elimination of that exemption from DMMC Chapter 11.40.

For these reasons, staff recommends the City Council introduce an ordinance to repeal and replace Chapter 11.40 to prohibit the use of expanded polystyrene and single-use, noncompostable disposable food service ware; the sale of expanded polystyrene coolers and ice chests or other food containers; and the use of single-use plastic beverage bottles at City facilities and City-sponsored events.

Comparison to Other Ordinances
In alignment with Item 3 of its Fiscal Year 2024-2025 Work Plan, SAC reviewed and recommended updates to the City’s policies and rental agreements regarding the use of single-use, non-compostable disposable food service ware on City property and at Citysponsored events. SAC also advised staff on the preparation of the proposed ordinance to regulate the use of single-use, non-compostable disposable food service ware citywide.

SAC’s research was based on similar regulations passed in the following neighboring jurisdictions:
 Solana Beach
Chapter 5.03, Food Service Ware, Polystyrene, and Plastic Bottle Restrictions Adopted in 2019, Solana Beach amended its municipal code with an ordinance that prohibits single-use food service ware products that are neither recyclable nor compostable.
 Carlsbad
Chapter 6.20, Phased-In Single-Use Plastic Foodware Ban In 2022, Carlsbad adopted an ordinance that restricts the use of single-use plastic foodware in the city through a phased approach. Like Solana Beach, Carlsbad prohibited the use of products that are not recyclable or compostable. Carlsbad’s approach was divided into two phases: Stage I (“Skip the Stuff,” effective June 1, 2022), and Stage II (full prohibition, effective July 1, 2023). “Skip the Stuff”, which refers to Assembly Bill 1276, requires food establishments to provide food and beverage accessories only upon request and use only reusable foodware for on-site dining. The full prohibition of expanded polystyrene and singleuse plastic foodware took place via local ordinance.

Chapter 6.22, Plastic Bottled Beverage Reduction
This chapter prohibits the distribution of plastic bottled beverages at Carlsbad city facilities, including the use of city facilities through a rental, lease, or other agreement, but does identify emergencies or other situations as decided by the City Manager as exemptions.
3 December 15, 2025 Item 9
City Council Agenda Report
Introduction of an Ordinance Related to Single-Use Disposable Food Service Ware December 15, 2025

Page 4 of 5 ends

Coronado:

Chapter 36.28, Polystyrene and Single-Use Plastics Regulations In early 2025, Coronado’s City Council adopted an ordinance amending its municipal code related to polystyrene and single-use plastics regulations. The ordinance was revised in October 2025 to eliminate confusion regarding the inclusion of the term “recyclable” in several sections of the ordinance that may have been interpreted to allow single-use, recyclable plastics. “Compostable” plastics are considered Number 7 plastics, and these materials are not compatible with Coronado’s solid waste hauler’s composting facilities.

Attachment B includes a comparison of Del Mar’s current and proposed ordinance (DMMC Chapter 11.40) to four other local jurisdictions. As shown in the table, the proposed amendments are consistent with the regulations in other San Diego County coastal cities.

Engagement with External Stakeholders
EDCO
Staff worked with EDCO to ensure that the proposed ordinance is compatible with its compost capabilities and facilities. This collaboration is important because some plastics are marketed as “compostable” but they are incompatible with EDCO’s anerobic digestor facility, which converts compostable organic materials into renewable natural gas. These “compostable” Number 7 plastics are not recyclable or compostable by EDCO; therefore, they cannot be diverted from the landfill. The City of Coronado also developed its ordinance in partnership with EDCO.

Del Mar Village Association (DMVA)
Staff met with the Del Mar Village Association (DMVA) to review and discuss the proposed ordinance and presented it to the DMVA Board of Directors at its November 20, 2025, meeting for feedback. Staff did not receive questions or comments from member businesses. While DMVA is committed to sustainability programming throughout Del Mar, the City recognizes the impact that ordinances like this may pose to businesses. If the proposed ordinance is adopted, the City will partner with EDCO and the DMVA to provide educational resources to Del Mar businesses.

Rise Above Plastics
The San Diego Chapter of the Surfrider Foundation offers the Rise Above Plastics (RAP) Program, which supports volunteers in reducing plastics in their communities. SAC engaged RAP to present its analysis of other jurisdictions’ actions to mitigate the use of single-use plastics. RAP delivered a presentation to SAC in August 2025. Information shared by RAP supported the research that was conducted by SAC and City staff that informed the proposed ordinance.

Outreach Strategy
The City will conduct outreach in support of the implementation of the proposed ordinance through its standard communications channels, the Go Green Del Mar website, and in partnership with EDCO. Information about the new ordinance will be distributed via the “Del 4 December 15, 2025 Item 9
City Council Agenda Report
Introduction of an Ordinance Related to Single-Use Disposable Food Service Ware December 15, 2025

Page 5 of 5 ends

Mar Weekly” electronic newsletter and via outreach activities conducted by SAC, such as its “Green Papers.” The City will update its website and will work with EDCO to ensure information is included in its “Environmental Times” newsletter that goes to all commercial account holders. Education and outreach materials regarding the new ordinance requirements will be sent out to all Del Mar restaurants and food service providers.

Implementation Schedule
After the introduction of the ordinance on December 15, 2025, and assuming it is adopted by the Council at the second hearing (January 6, 2026), the new regulations would take effect after 30 days on February 6, 2026. Consistent with the implementation of past plastic reduction ordinances, staff recommends offering an enforcement “grace period” of an additional six months for the City and impacted businesses to exhaust existing inventories of non-compliant single-use food service ware, as well as providing time to procure new compliant materials.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. If approved, the cost of ordinance implementation is expected to be minimal and will be covered with funds in the City’s existing approved operating budget.

ENVIRONMENTAL IMPACT:

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is a Tier 3 Item on the Fiscal Year 2024-2025 Citywide Work Plan.

ATTACHMENTS:

Attachment A – Proposed Ordinance to Repeal and Replace DMMC Chapter 11.40 Exhibit A to Attachment A – Proposed Chapter 11.40 Language Attachment B – Chapter 11.40 As Amended (Red-lined)
Attachment C – Table Comparing Other Regional Ordinances 5 December 15, 2025 Item 9
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, REPEALING AND REPLACING CHAPTER

11.40 OF THE DEL MAR MUNICIPAL CODE PROHIBITING USE OF
EXPANDED POLYSTYRENE AND SINGLE-USE NONCOMPOSTABLE PLASTIC DISPOSABLE FOOD SERVICE WARE WHEREAS, the City of Del Mar, California (“City”) is a leader in sustainability and takes action to protect our natural resources, divert plastics and similar waste from landfills, increase the degradation of waste products in landfills, reduce greenhouse gas emissions, and increase City cleanliness and quality of life by reducing litter on City beaches and public areas; and
WHEREAS, the City is committed to implementing local regulations to decrease litter and pollution by prohibiting the use of expanded polystyrene and non-recyclable plastic disposable food service ware, plastic straws and stirrers; prohibiting the distribution of paper, biodegradable or reusable straws, unless requested by customers, and single-use plastic carry-out bags; and prohibiting the use, sale, and distribution of balloons filled with a gas lighter than air; and
WHEREAS, this Ordinance aims to support the City’s goal to divert 95% of its waste from landfills by 2035 in accordance with its adopted Climate Action Plan; and WHEREAS, single-use, non-compostable material waste is generated by food providers, businesses, and vendors within the City of Del Mar; and WHEREAS, there are many reusable or compostable alternatives to plastic disposable food service ware in current use; and
WHEREAS, the City of Del Mar’s current solid waste collection and disposal services provider converts the methane released by compostable organic waste into renewable natural gas (RNG), thereby reducing greenhouse gas emissions; and WHEREAS, the City Council of the City of Del Mar conducted a noticed public hearing regarding the initial proposed ordinance at their regularly scheduled meeting on December 15, 2025. The public hearing was advertised pursuant to applicable law and testimony was invited and received; and
WHEREAS, the proposed ordinance is exempt from review under the California Environmental Quality Act (CEQA) based upon the common-sense exemption under 14 CCR 15061 (b)(3) and the reasoning in the California Supreme Court case Save the Plastic Bag Coalition v. City of Manhattan Beach, 52 Cal. 4th 155 (2011); and WHEREAS, the proposed Ordinance amends Chapter 11.40 of the Del Mar Municipal Code to provide for the prohibition of expanded polystyrene and single-use, non-compostable disposable food service ware citywide, and single-use plastic beverage bottles at City facilities and City-sponsored events.

NOW, THEREFORE, the City Council of the City of Del Mar hereby ordains as follows:
6 December 15, 2025 Item 9
Ordinance No. XXXX

Page 2 of 3 ends

SECTION ONE:

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

SECTION TWO:

Chapter 11.40 of the Del Mar Municipal Code is hereby repealed in its entirety and replaced to read as shown in the attached Exhibit A, which is incorporated herein by this reference as though set forth in full at this point.

SECTION THREE:

The City Council finds that approval of this Ordinance is exempt from the preparation of an environmental document pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378. This action does not constitute a “project” under the definition set forth in CEQA Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA.

No further action under CEQA is required.

SECTION FOUR:

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

SECTION FIVE:

This Ordinance was introduced by the City Council on December 15, 2025.

SECTION SIX:

The City Clerk is direct 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 that the City Council takes action to adopt the Ordinance.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a regular meeting held on the 15th day of December 2025. 7 December 15, 2025 Item 9
Ordinance No. XXXX

Page 3 of 3 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 15th day of December 2025, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
8 December 15, 2025 Item 9
Exhibit A to Attachment A
CHAPTER 11.40 PROHIBITING THE USE OF EXPANDED POLYSTYRENE AND SINGLE-USE,

NON-COMPOSTABLE DISPOSABLE FOOD SERVICE WARE CITYWIDE, AND SINGLE-USE

PLASTIC BEVERAGE BOTTLES AT CITY FACILITIES AND CITY-SPONSORED EVENTS

11.40.010 – Purpose and Intent
The purpose of this Chapter is to reduce plastic waste in landfills and local trash receptacles and pollution by prohibiting the use of expanded polystyrene and single-use, non-compostable disposable food service ware that have adverse effects on the health and general welfare of City of Del Mar residents, visitors, and surrounding wildlife, and allow for the use of compostable food service ware that is accepted as organic waste by the City’s waste hauler reduces greenhouse gas emissions.

11.40.020 – Definitions
The following definitions shall be applicable when the following words or phrases are used hereafter in this Chapter, whether or not these words or phrases are capitalized:

City means the City of Del Mar.

City contractor means any person that enters into an agreement with the City to furnish products or services to or for the City.

City facility means any building, structure, property, park, open space, or vehicle, owned, leased or operated by the City, its agents, agencies, departments or franchisees.

City-sponsored event means any event, activity or meeting organized or sponsored, in whole or in part, by the City or any department of the City.

Compostable means material that can be broken down into, or otherwise become part of, usable compost in a safe and timely manner, and is accepted as organic waste by the City’s waste hauler.

Customer means any person obtaining prepared food from a restaurant or retail food vendor.

Disposable food service ware or disposables means single-use disposable products used in the restaurant and food service industry for serving or transporting prepared, ready-to-consume food or beverages. This includes but is not limited to plates, cups or drinkware, bowls, trays, wrappers or wrapping, platters, cartons, condiment containers, hinged or lidded containers, utensils, chopsticks, napkins, cup lids, cup sleeves, ramekins, straws, stirrers, splash sticks, cocktail sticks, toothpicks, and coolers, or any other container in or on which prepared foods are placed or packaged for consumption.

This does not include single-use disposable packaging for unprepared foods.

Event means an organized recreational activity that includes 25 or more participants.

Food provider means any person or establishment that provides or sells prepared food within the City to the general public to be consumed on the premises or for take-away consumption. Food provider includes but is not limited to (1) a grocery store, supermarket, delicatessen, restaurant, café, cafeteria, coffee shop, snack shop, public food market, farmers' market, convenience store, or similar fixed place where prepared food is available for sale on the premises or for take-away consumption; and (2) any mobile store, food vendor, caterer, food truck, vending machine or similar mobile outlet.

Food provider also includes any organization, group or individual that regularly provides prepared food to its members or the general public as a part of its activities or services. 9 December 15, 2025 Item 9
Exhibit A to Attachment A
Plastic means an organic synthetic or processed material containing thermoplastic or thermosetting polymers and that can be made into objects, films, or filaments.

Person means any person, business corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization group, however organized.

Prepared food means any food or beverage that is (1) ready to consume without any further food preparation, alteration or repackaging; and (2) prepared, provided, sold or served by a food provider using any cooking, packaging or food preparation technique. Prepared food may be eaten either on or off the food provider's premises. For purposes of this Chapter, prepared food does not include (1) any raw uncooked meat, poultry, fish or eggs, unless provided for consumption without further food preparation; and (2) fresh produce provided for consumption without food preparation or repackaging, including fruits, vegetables, and herbs, sold by grocery stores, supermarkets, food markets, farmers' markets and other food vendors.

Recyclable means material that can be sorted, cleansed, and reconstituted for reuse using the City’s available recycling programs.

Regulated entities means food service providers, retail establishments, City facilities, Citysponsored events, and other entities governed by this chapter.

Single-use means items designed for one-time or limited use before final disposal.

11.40.030 – Prohibition of the Use of Expanded Polystyrene and Single-Use, Non-Compostable Disposable Food Service Ware; the Sale of Expanded Polystyrene Coolers, Ice Chests, and Other Containers; and the Use of Single-Use Plastic Beverage Bottles at City Facilities and City-Sponsored Events.

A. Except as provided in DMMC Section 11.40.040, food providers are prohibited from dispensing prepared food to customers in expanded polystyrene or disposable food service ware made from single-use, non-compostable disposable materials.

B. All City facilities, City-managed concessions, City-sponsored and co-sponsored events, and Citypermitted events are prohibited from using expanded polystyrene or disposable food service ware made from single-use, non-compostable disposable materials within the City.

C. Regulated entities shall not distribute or sell ice chests or food and beverage coolers made, in whole or in part, from polystyrene.

D. All City facilities, City-managed concessions, City-sponsored and co-sponsored events, and Citypermitted events are prohibited from distributing single-use plastic beverage bottles. 10 December 15, 2025 Item 9
Exhibit A to Attachment A

11.40.040 - Exemptions.

A. Automatic Exemptions. The following uses are exempt from the provisions of this Chapter:

1. Food prepared or packaged outside the City, provided such food is not altered, packaged or repackaged within the City limits. Purveyors of food prepared or packaged outside the City are encouraged to follow the provisions of this Section.

2. Products, equipment, or other items prepared or packaged outside the City of Del Mar.

B. Food providers that are obligated to purchase or have purchased expanded polystyrene or singleuse, non-compostable disposable food service ware under a contract entered into with the year prior to the operative date of the ordinance codified in this Chapter are exempt from the provisions of this Chapter for six months following its operative date.

C. Undue Hardship. The City Manager, or designee, may exempt any food provider or person from the requirements of this Chapter for a one-year period, upon written request by applicant that the conditions of this Chapter would cause undue hardship following the operative date of the ordinance codified in this Chapter, as follows:

1. A request for an exemption shall be filed in writing with the City Manager or designee and shall include documentation of the reason for the claimed exemption and any other information necessary for the City to make its decision. An exemption application shall include all information necessary for the City to make its decision, including, but not limited to, documentation showing the factual support for the claimed exemption. The City may require the applicant to provide additional information as necessary to make the required determinations.

2. The City Manager or designee may approve the exemption application for one year, with or without conditions, upon finding that compliance would create an undue hardship. Undue hardship shall be construed to include, but not limited to, situations where:
a. Situations unique to the food provider or non-food provider where there are no reasonable alternatives to expanded polystyrene or single-use non-compostable plastic disposable food service ware and compliance with this Chapter would cause significant economic hardship to that food provider.
b. Situations where no reasonably feasible available alternatives exist to a specific and necessary single-use, non-compostable plastic disposable food service container.

3. A food provider granted an exemption by the City must reapply prior to the end of the oneyear exemption period and demonstrate continued undue hardship, if it wishes to have the exemption extended. Extensions may only be granted for intervals not to exceed one year.

4. Exemption decisions by the City Manager or designee are effective immediately and final and are not appealable.

5. The City Council may by resolution establish a fee for exemption applications. The application fee shall be an amount sufficient to cover the costs of processing the exemption application.

D. In cases of emergency or other situations where the City Manager or the City Manager’s designee finds that relying on beverages in single-use plastic bottles is necessary for the protection of public 11 December 15, 2025 Item 9
Exhibit A to Attachment A
health, safety, and welfare, and no reasonable alternative will serve the same purpose; and where specific hydration requirements exist for employees working outside and with no reasonable alternative.

E. This Chapter does not apply to activities on the property of the 22nd District Agricultural Association (Del Mar Fairgrounds) within the City of Del Mar, although the City encourages the Fairgrounds to impose similar requirements on all its facilities.

11.40.050 - Enforcement and Administrative Remedies.

A. The City Manager, or designee, is authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this Chapter, including, but not limited to, inspecting any food provider and commercial business premises to verify compliance.

B. Any violation of this Chapter shall be enforced through the administrative citation process set forth in Chapter 1.10 of the Del Mar Municipal Code.

C. Each violation of this Chapter shall be considered a separate offense.

D. The remedies and penalties provided in this Section are cumulative and not exclusive, and nothing in this Chapter shall preclude any person from pursuing any other remedies provided by law. The City Attorney may seek legal, injunctive, or other equitable relief to enforce the provisions of this Chapter and any regulations or administrative procedure developed pursuant hereto.

E. Administrative enforcement of this Chapter shall proceed pursuant to Chapter 1.10 of the DMMC.

F. Notwithstanding any other provision of this Chapter, this Chapter may be enforced through any remedy as provided for in this Section upon its effective date.

11.40.060 - Operative Dates.

A. This chapter shall become operative as to all food providers, businesses, vendors, and regulated entities six months after adoption by the City Council.

B. Within 30 days after its adoption, this chapter shall become effective for the City such that no city facilities, city-managed concessions, city-sponsored events or city-permitted events shall distribute or utilize disposable food service containers containing single-use non-compostable plastic.

11.040.070 - Severability

If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this chapter is, for any reason, held to be invalid or unconstitutional by any court or competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The City Council hereby declares that it would have adopted the ordinance codified in this chapter and each section, subsection, subdivision, paragraph, sentence, clause, phrase and portion of this chapter irrespective of the fact that one or more, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. To this end, the provisions of this chapter are declared severable.
12 December 15, 2025 Item 9

ATTACHMENT B
Note: Underlined Text is “Proposed.” Strikethrough Text would be “Deleted.”

Chapter 11.40

USE OF EXPANDED POLYSTYRENE AND NON-RECYCLABLE PLASTIC DISPOSABLE

FOOD SERVICE WARE

11.40.010 – Purpose and Intent.

The purpose of this Chapter is to establish standards and procedures for environmental waste and litter reduction measures, plan and promote environmentally sustainable practices throughout the City by prohibiting the use of expanded polystyrene and non-recyclable plastic disposable food service ware by food providers, businesses and vendors within the City of Del Mar.

11.40.020 – Definitions.

The following definitions shall be applicable when the following words or phrases are used hereafter in this Chapter, whether or not these words or phrases are capitalized:

Biodegradable refers to the ability of a material to decompose into elements normally found in nature within a reasonably short period of time after disposal.

City means the City of Del Mar.

City contractor means any person that enters into an agreement with the City to furnish products or services to or for the City.

City facility means any building, structure, property, park, open space, or vehicle, owned, leased or operated by the City, its agents, agencies, departments or franchisees.

City-sponsored event means any event, activity or meeting organized or sponsored, in whole or in part, by the City or any department of the City.

Customer means any person obtaining prepared food from a restaurant or retail food vendor.

Disposable food service ware or disposables means single-use disposable products used in the restaurant and food service industry for serving or transporting prepared, ready-to-consume food or beverages. This includes but is not limited to plates, cups or drinkware, bowls, trays, wrappers or wrapping, platters, cartons, condiment containers, hinged or lidded containers or any other container in or on which prepared foods are placed or packaged for consumption. This does not include single-use disposable items such as straws, cup lids, or utensils, nor does it include singleuse disposable packaging for unprepared foods.

Event means an organized recreational activity that includes 25 or more participants.

Expanded polystyrene (EPS) means polystyrene that has been expanded or "blown" using a gaseous blowing agent into a solid foam. EPS is sometimes called "Styrofoam," a Dow Chemical Co. trademark form of polystyrene foam insulation.

Food provider means any person or establishment that provides or sells prepared food within the City to the general public to be consumed on the premises or for take-away consumption. Food 13 December 15, 2025 Item 9
provider includes but is not limited to (1) a grocery store, supermarket, delicatessen, restaurant, café, cafeteria, coffee shop, snack shop, public food market, farmers' market, convenience store, or similar fixed place where prepared food is available for sale on the premises or for take-away consumption; and (2) any mobile store, food vendor, caterer, food truck, vending machine or similar mobile outlet. Food provider also includes any organization, group or individual that regularly provides prepared food to its members or the general public as a part of its activities or services.

Non-recyclable plastic refers to any plastic which cannot be feasibly recycled by a municipal recycling program in the state of California, including polystyrene and expanded polystyrene.

Polystyrene means and includes expanded polystyrene which is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term "polystyrene" also includes clear or solid polystyrene which is known as "oriented polystyrene." Prepared food means any food or beverage that is (1) ready to consume without any further food preparation, alteration or repackaging; and (2) prepared, provided, sold or served by a food provider using any cooking, packaging or food preparation technique. Prepared food may be eaten either on or off the food provider's premises. For purposes of this Chapter, prepared food does not include (1) any raw uncooked meat, poultry, fish or eggs, unless provided for consumption without further food preparation; and (2) fresh produce provided for consumption without food preparation or repackaging, including fruits, vegetables, and herbs, sold by grocery stores, supermarkets, food markets, farmers' markets and other food vendors.

Recyclable plastic means any plastic which can be feasibly recycled by a municipal recycling program in the state of California.

Restaurant means any person or establishment doing business within the City of Del Mar that provides prepared food or beverages for consumption on or off its premises such as a restaurant, cafe, bakery, grocery or convenience store food counter or delicatessen, or catering truck vehicle.

11.40.030 – Prohibition on Use of Non-recyclable Plastic Disposable Food Service Ware.

A. Except as provided in DMMC Section 11.40.050 food providers are prohibited from dispensing prepared food to customers in disposable food service ware made from expanded polystyrene (EPS).

B. Except as provided in DMMC Section 11.40.050 food providers are prohibited from dispensing prepared food to customers in disposable food service ware made from nonrecyclable plastic.

C. All City facilities, City-managed concessions, City-sponsored and co-sponsored events, and City-permitted events are prohibited from using disposable food service ware made from expanded polystyrene or non-recyclable plastic within the City.

11.40.040 – Prohibition on Expanded Polystyrene Packing Materials.

No business or vendor in the City, unless exempt pursuant to Section 11.40.050, shall use expanded polystyrene loose-fill packaging and cushioning material, such as foam peanuts, 14 December 15, 2025 Item 9
packing peanuts, foam popcorn or packing noodles, in the packaging of products, equipment or other items.

11.40.050 – Exemptions.

A. Automatic Exemptions. The following uses are exempt from the provisions of this Chapter:

2. Products, equipment, or other items prepared or packaged outside the City of Del Mae.

3. Polystyrene coolers and ice chests or other food containers intended for reuse.

B. Food providers that are obligated to purchase or have purchased EPS food service ware under a contract entered into with the year prior to the operative date of the ordinance codified in this Chapter are exempt from the provisions of this Chapter for six months following its operative date.

2. The City Manager or designee may approve the exemption application for one year, with or without conditions, upon finding that compliance would create an undue hardship. Undue hardship shall be construed to include, but not limited to, situations where:
a. Situations unique to the food provider or non-food provider where there are no reasonable alternatives to expanded polystyrene or non-recyclable plastic disposable food service containers and compliance with this Chapter would cause significant economic hardship to that food provider;
b. Situations where no reasonably feasible available alternatives exist to a specific and necessary expanded polystyrene or non-recyclable plastic disposable food service container.

3. A food provider granted an exemption by the City must reapply prior to the end of the one-year exemption period and demonstrate continued undue hardship, if it wishes to have the exemption extended. Extensions may only be granted for intervals not to exceed one year.

4. Exemption decisions by the City Manager or designee are effective immediately and final and are not appealable.

5. The City Council may by resolution establish a fee for exemption applications. The application fee shall be an amount sufficient to cover the costs of processing the exemption application.

D. This Chapter does not apply to activities on the property of the 22nd District Agricultural Association (Fairgrounds) lying within the City of Del Mar boundaries, although the City encourages the Fairgrounds to impose similar requirements on all its facilities.

11.40.060 – Enforcement and Administrative Remedies.
15 December 15, 2025 Item 9
A. The City Manager, or designee, is authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this Chapter, including, but not limited to, inspecting any food provider and commercial business premises to verify compliance.

B. Any violation of this Chapter shall be enforced through the administrative citation program set forth in Chapter 1.10 of the Del Mar Municipal Code.

C. Each violation of this Chapter shall be considered a separate offense.

In addition to any other applicable civil or criminal penalty, any person convicted of a violation of this Chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250.00, or a misdemeanor, which shall be punishable by a fine not exceeding $1,000.00, or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment.

E. Administrative enforcement of this Chapter shall proceed pursuant to Chapter 1.10 of the DMMC.

F. Notwithstanding any other provision of this Chapter, this Chapter may be enforced through any remedy as provided for in this Section upon its effective date.

PROHIBITING USE OF EXPANDED POLYSTYRENE AND SINGLE-USE, NONCOMPOSTABLE DISPOSABLE FOOD SERVICE WARE CITYWIDE, AND SINGLE-USE

PLASTIC BEVERAGE BOTTLES AT CITY FACILITIES AND CITY-SPONSORED EVENTS

11.40.020 – Definitions
The following definitions shall be applicable when the following words or phrases are used hereafter in this Chapter, whether or not these words or phrases are capitalized:

City means the City of Del Mar.

City contractor means any person that enters into an agreement with the City to furnish products or services to or for the City.

City facility means any building, structure, property, park, open space, or vehicle, owned, leased or operated by the City, its agents, agencies, departments or franchisees.

City-sponsored event means any event, activity or meeting organized or sponsored, in whole or in part, by the City or any department of the City.

Compostable means material that can be broken down into, or otherwise become part of, usable compost in a safe and timely manner, and is accepted as organic waste by the City’s waste hauler. 16 December 15, 2025 Item 9
Customer means any person obtaining prepared food from a restaurant or retail food vendor.

Disposable food service ware or disposables means single-use disposable products used in the restaurant and food service industry for serving or transporting prepared, ready-to-consume food or beverages. This includes but is not limited to plates, cups or drinkware, bowls, trays, wrappers or wrapping, platters, cartons, condiment containers, hinged or lidded containers, utensils, chopsticks, napkins, cup lids, cup sleeves, ramekins, straws, stirrers, splash sticks, cocktail sticks, and toothpicks, coolers, or any other container in or on which prepared foods are placed or packaged for consumption. This does not include single-use disposable packaging for unprepared foods.

Event means an organized recreational activity that includes 25 or more participants.

Plastic means an organic synthetic or processed material containing thermoplastic or thermosetting polymers and that can be made into objects, films, or filaments.

Recyclable means material that can be sorted, cleansed, and reconstituted for reuse using the City’s available recycling programs.
17 December 15, 2025 Item 9
Regulated entities means food service providers, retail establishments, City facilities, Citysponsored events, and other entities governed by this chapter.

Single-use means items designed for one-time or limited use before final disposal.

11.40.030 – Prohibition of the Use of Expanded Polystyrene and Single-Use, NonCompostable Disposable Food Service Ware; the Sale of Expanded Polystyrene Coolers, Ice Chests, and Other Containers; and the Use of Single-Use Plastic Beverage Bottles at City Facilities and City-Sponsored Events.

B. All City facilities, City-managed concessions, City-sponsored and co-sponsored events, and City-permitted events are prohibited from using expanded polystyrene or disposable food service ware made from single-use, non-compostable disposable materials within the City.

C. Regulated entities shall not distribute or sell ice chests or food and beverage coolers made, in whole or in part, from polystyrene.

D. All City facilities, City-managed concessions, City-sponsored and co-sponsored events, and City-permitted events are prohibited from distributing single-use plastic beverage bottles.

11.40.040 - Exemptions.

A. Automatic Exemptions. The following uses are exempt from the provisions of this Chapter:

2. Products, equipment, or other items prepared or packaged outside the City of Del Mar.

B. Food providers that are obligated to purchase or have purchased expanded polystyrene or single-use, non-compostable disposable food service ware under a contract entered into with the year prior to the operative date of the ordinance codified in this Chapter are exempt from the provisions of this Chapter for six months following its operative date.

2. The City Manager or designee may approve the exemption application for one year, with or without conditions, upon finding that compliance would create an undue hardship.

Undue hardship shall be construed to include, but not limited to, situations where:
a. Situations unique to the food provider or non-food provider where there are no reasonable alternatives to expanded polystyrene or single-use, non-compostable disposable food service ware and compliance with this Chapter would cause significant economic hardship to that food provider;
b. Situations where no reasonably feasible available alternatives exist to a specific and necessary single-use, non-compostable disposable food service container.

4. Exemption decisions by the City Manager or designee are effective immediately and final and are not appealable.

5. The City Council may by resolution establish a fee for exemption applications. The application fee shall be an amount sufficient to cover the costs of processing the exemption application.

D. In cases of emergency or other situations where the City Manager or the City Manager’s designee finds that relying on beverages in single-use plastic bottles is necessary for the protection of public health, safety, and welfare, and no reasonable alternative will serve the same purpose; and where specific hydration requirements exist for employees working outside and with no reasonable alternative.

11.40.050 - Enforcement and Administrative Remedies.

B. Any violation of this Chapter shall be enforced through the administrative citation process set forth in Chapter 1.10 of the Del Mar Municipal Code.

C. Each violation of this Chapter shall be considered a separate offense.

E. Administrative enforcement of this Chapter shall proceed pursuant to Chapter 1.10 of the DMMC.
19 December 15, 2025 Item 9
F. Notwithstanding any other provision of this Chapter, this Chapter may be enforced through any remedy as provided for in this Section upon its effective date.

11.40.060 - Operative Dates.

A. This chapter shall become operative as to all food providers, businesses and vendors six months after adoption by the City Council.

11.040.070 - Severability

ATTACHMENT C
Comparison of Regional Food Service Ware Ordinances
Ordinance Component Del Mar Carlsbad Encinitas Solana
Beach Coronado Vista
Food service ware must be
reusable or compostable
Yes, in
proposed
ordinance.

Yes. No. Yes. Yes. No.

Expanded polystyrene
prohibitions
Yes; existing
prohibition for
food service
ware and
packing
materials.

Yes; only in
restaurants.

Yes;
applies to
restaurants
and retail.

Yes.

Prohibition of plastic food
service ware accessory items
such as straws, stirrers, and
utensils
Currently
made
available only
by request.

Requested
straws must
be paper,
biodegradable,
or reusable.

All plastic is
prohibited;
must be
reusable or
compostable.

Yes; also
bans retail
sales of
plastic
straws and
utensils.

Yes. Yes. No.
“Skip the Stuff” language Yes. Yes. Yes. Yes. Yes. Yes. 21 December 15, 2025 Item 9
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Jennifer Gavin, Associate Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager

DATE: December 15, 2025
SUBJECT: Tentative Tract Map TTM18-004, Extension of Time Request for a Three-Year Extension of Time for an Eight-Lot Subdivision Reconfiguration of 18.1 acres known as “La Atalaya”
Applicant/Owner: La Atalaya, LLC
Assessor Parcel Numbers (APNs): 299-200-65-00, 299-261-43-00, 299- 261-42-00, 299-261-14-00, 299-192-24-00, 299-200-64-00, 299-200-62-00, and 299-200-63-00
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt a resolution approving a three-year extension of Tentative Tract Map TTM18-004 (Attachment A).

BACKROUND:

The subject eight parcels (property) are located on a total of 18.1 acres south of San Dieguito Road, north of Zapo Street, east of Gatun Road, and west of Serpentine Drive (Attachment B – Vicinity Map). The property is designated North Hills District in the Community Plan and is zoned R1-40 with Bluff, Slope and Canyon, Open Space, and Lagoon Overlay Zone designations. Two of the existing lots are developed with a singledwelling unit while the remaining six are vacant. Surrounding uses are single-family residential in character.

On February 1, 2021, as recommended by the Planning Commission, the City Council held a public hearing and approved the La Atalaya project, which includes a Tentative Tract Map (TTM18-004), Conditional Use Permit (CUP18-004), and Coastal Development Permit (CDP18-016) to allow the reconfiguration of the eight existing legal lots to eight different legal lots and associated access improvements. Pursuant to City ordinance, the map complied with all Community Plan, Local Coastal Program, Del Mar Municipal Code, and State Subdivision Map Act requirements and was approved for twenty-four months, originally set to expire on February 1, 2023. 1 December 15, 2025 Item 10
City Council Agenda Report
TTM18-004 Extension of Time
December 15, 2025

Page 2 of 3 ends

On February 3, 2023, the City Council approved an Extension of Time (EOT) that extended the approval of the map for an additional three years to expire on February 1, 2026.

The City Council resolution approving TTM18-004, CUP18-004, and CDP18-016 has been included as Attachment C. A copy of the approved Tentative Tract Map has been included as Attachment D. A copy of the Resolution approving the 2023 EOT has been included as Attachment E.

DISCUSSION/ANALYSIS:

The Applicant is requesting an additional EOT for TTM18-004. Pursuant to the Subdivision Map Act Government Code Section66452.6(e), the Applicant can request one final threeyear extension prior to the expiration of the map, resulting in a maximum extension period not to exceed six years, with total tentative map entitlement duration not to exceed a total of eight years, with a new expiration date of February 6, 2029.

The Tentative Tract Map (TTM) approval is a two-step process. The first step involves conditional approval of a Tentative Tract Map (TTM18-004), and the second step is the approval of a Final Map, which also requires approval by the City Council. At that time, the City Council is required to approve the Final Map if it is found to be in conformance with the previously approved TTM and all conditions of approval have been completed to the satisfaction of the City Engineer and Planning Department. The Applicant for TTM18-004 has yet to complete conditions of approval to request the Final Map.

The Applicant is requesting a three-year EOT for the approved Tentative Tract Map for TTM18-004 in order to have more time to construct the required Public Improvements per the conditions of approval for TTM18-004. If the City Council grants an EOT, the new expiration date for TTM18-004 would be February 6, 2029. An approved EOT would allow the Applicant additional opportunity to satisfy the conditions outlined in the attached Resolution (Attachment A). The conditions of approval in the attached Resolution are the same as those included in the previously approved City Council Resolution No. 2021-05 (Attachment C).

Although specific findings for the approval of an EOT request are not specified in Del Mar Municipal Code (DMMC) Title 24 (Subdivisions) or in the Subdivision Map Act, a finding that “there has been no material change in circumstances since the original approval of the application” is generally used in the approval of an EOT request. Staff finds that there has been no change in circumstances since the approval of TTM18-004 and the Tentative Tract Map meets all requirements of DMMC Title 24 and other applicable City regulations.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this agenda item. This is a private development proposal and all fees associated with the project processing have been paid by the Applicant. Additionally, all costs associated with any 2 December 15, 2025 Item 10
City Council Agenda Report
TTM18-004 Extension of Time
December 15, 2025

Page 3 of 3 ends

future development of the subdivision, including required public improvements, would be paid by the Applicant or future owners of the subdivided lots.

HOUSING IMPACT STATEMENT:

This action would have no impact on housing as the TTM does not propose any loss of existing units or buildable lots.

ENVIRONMENTAL IMPACT:

The project is within the scope of the Mitigated Negative Declaration (MND) adopted by the City Council for the Tentative Tract Map. The MND includes a Mitigation Monitoring and Reporting Program (MMRP) for the proposed project that includes measures to ensure conformance with the applicable provisions of the Community Plan, Local Coastal Program, and Del Mar Municipal Code. There has been no material change in circumstances nor new environmental information or documentation presented in review of the extension of time revealing any new unidentified environmental impacts that had not been previously mitigated. Therefore, pursuant to the California Environmental Quality Act (CEQA), no new environmental clearance is required for the requested Tentative Tract Map Extension of Time.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This project is an operational item and does not relate to the City Council’s Goals and Priorities.

Attachment A – Adopting City Council Resolution TTM18-004 Extension of Time Attachment B – Vicinity Map
Attachment C – City Council Resolution TTM18-004 (Resolution No. 2021-05) Attachment D – Tentative Tract Map 18-004
3 December 15, 2025 Item 10
RESOLUTION NO. 2025- XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR

APPROVING A THREE YEAR EXTENSION OF TIME FOR A TENTATIVE TRACT MAP (TTM18-004 EOT) TO SUBDIVIDE EIGHT LOTS
TOTALING APPROXIMATELY 18.1 ACRES OF LAND KNOWN AS “LA
ATALAYA” INTO EIGHT RECONFIGURED LOTS SOUTH OF SAN

DIEGUITO DRIVE, NORTH OF ZAPO STREET, EAST OF GATUN
STREET, AND WEST OF SERPENTINE DRIVE; TO MAKE RELATED
ROADWAY AND UTILITY IMPROVEMENTS; IN THE CITY OF DEL

MAR, CALIFORNIA
WHEREAS, La Atalaya, LLC (Applicant) is the owner of real property commonly referred to as “La Atalaya” identified by Assessor Parcel Numbers (APNs) 299-200-65- 00, 299-261-43-00, 299-261-42-00, 299-261-14-00, 299-192-24-00, 299-200-64-00, 299-200-62-00, and 299-200-63-00; and
WHEREAS, on January 12, 2021, the Planning Commission recommended approval of Tentative Tract Map (TTM18-004) to City Council in conjunction with Conditional Use Permit (CUP18-004), and Coastal Development Permit (CDP18-016) at a duly advertised public hearing held in the manner prescribed by law; and WHEREAS, on February 1, 2021, the City Council of the City of Del Mar after conducting a hearing in the form and manner required by law and, following the public hearing, conditionally approved Tentative Tract Map application TTM18-004 and Mitigated Negative Declaration (State Clearinghouse (SCH) #2020100558); and WHEREAS, on February 6, 2023, the City Council of the City of Del Mar conducted a duly noticed public hearing and approved an Extension of Time for Tentative Tract Map (TTM18-004), as provided for by City of Del Mar Municipal Code and the Subdivision Map Act, with an expiration date of February 3, 2026; and WHEREAS, the Applicant has applied for an additional Extension of Time for Tentative Tract Map (TTM18-004), as provided for by the City of Del Mar Municipal Code and the Subdivision Map Act; and
WHEREAS, the Subdivision Map Act California Government Code § 66452.6(e) allows under certain conditions that a Tentative Map may be extended by the City for a period not exceeding six years.”; and
WHEREAS, the project is within the scope of the adopted Mitigated Negative Declaration (SCH #2020100558), pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, the Applicant proposes to file a Final Map of said subdivision prior to expiration of the Tentative Tract Map.
4 December 15, 2025 Item 10
Resolution No. 2025-XX

Page 2 of 3 ends

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California that the Extension of Time for Tentative Tract Map, TTM18-004 EOT, be approved, based upon the following findings:
a. There has been no material change in circumstances since the original approval of the Tentative Tract Map.
b. The proposed map meets all of the requirements of the Subdivision Map Act and the Del Mar Subdivision Ordinance.
c. The proposed map meets all applicable provisions of the Del Mar Municipal Code.
d. The project is within the scope of the adopted Mitigated Negative Declaration pursuant to the California Environmental Quality Act, in that no new environmental information or documentation was presented in review of the requested time extension revealing any new unidentified environmental impacts which had not been previously mitigated. Therefore, pursuant to the California Environmental Quality Act (CEQA), no additional environmental clearance is required for the requested time extension and project will rely upon the previously adopted Mitigated Negative Declaration.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the approval is subject to the following conditions:

1. The Applicant shall abide by all previous conditions associated with TTM18- 004 (Resolution No. 2021-05) and Mitigated Negative Declaration (SCH #2020100558).

2. TTM18-004 EOT shall expire on February 6, 2029. In accordance with California Government Code 66452.6(e), the Project is not eligible for any additional Extension of Time requests.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 15th day of December, 2025 ____________________________
Terry Gaasterland, Mayor
City of Del Mar
5 December 15, 2025 Item 10
Resolution No. 2025-XX

Page 3 of 3 ends

APPROVED AS TO FORM:
__________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution 2025-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 15th day of December 2025 by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
_____________________________
Sarah Krietor
Administrative Services Manager/City Clerk
City of Del Mar
6 December 15, 2025 Item 10
Vicinity Map La Atalaya
7 December 15, 2025 Item 10
8 December 15, 2025 Item 10
9 December 15, 2025 Item 10
10 December 15, 2025 Item 10
11 December 15, 2025 Item 10
12 December 15, 2025 Item 10
13 December 15, 2025 Item 10
14 December 15, 2025 Item 10
15 December 15, 2025 Item 10
16 December 15, 2025 Item 10
17 December 15, 2025 Item 10
18 December 15, 2025 Item 10
19 December 15, 2025 Item 10
20 December 15, 2025 Item 10
21 December 15, 2025 Item 10
22 December 15, 2025 Item 10
23 December 15, 2025 Item 10
24 December 15, 2025 Item 10
25 December 15, 2025 Item 10
26 December 15, 2025 Item 10
27 December 15, 2025 Item 10
28 December 15, 2025 Item 10
29 December 15, 2025 Item 10
30 December 15, 2025 Item 10
31 December 15, 2025 Item 10
32 December 15, 2025 Item 10
33 December 15, 2025 Item 10
34 December 15, 2025 Item 10
35 December 15, 2025 Item 10
36 December 15, 2025 Item 10
37 December 15, 2025 Item 10
38 December 15, 2025 Item 10
39 December 15, 2025 Item 10
16 15
17 14
14 15 1 1 1 23 7 7 5 5 4
12 6 4 4 4 7
13 17 8 8
10 & 23& 9
11 18
18 N N 123456789
10 11
12 13
14 15
16 17
18 No. 36190
Exp. 6/30/22 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W * TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007
CONSULTING ENGINEERS * * ********
18 ** ****
19 19 ****
40 December 15, 2025 Item 10
M A P N O 1 5 9 2 M A P N O 1 3 4 3
LOT B BLK 37 MAP NO. 1343
M A P N O 1 5 9 2 M A P N O 1 3 4 3 R O S 1 2 2 2 0
PAR 4 OPEN SPACE PAR 4 OPEN SPACE
BLK 12 MAP NO. 1343 LOT 'V'
R O S 1 234 0
N
CERT OF COMPL. PAR NO 3
CERT OF COMPL. PAR NO 1
1 1
1 14
15 2
3 17
18 TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20

REGISTERED PROFESSIONAL ENGIN
E
ER

STATE OF CAL I FORNIA
RANDY R. BRO
N

C I V I L
W
41 December 15, 2025 Item 10
20' WIDE ALLEY (UNIMPROVED)
M A P N O 1 5 9 2 M A P N O 1 3 4 3
R O S 1 7 1 0 9
PAR 4 OPEN SPACE
R O S 1 234 0 N
CERT OF COMPL. PAR NO 2 1
18 CERT OF COMPL. PAR NO 3
TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W 42 December 15, 2025 Item 10
20' WIDE ALLEY (UNIMPROVED)
MAP NO. 1285
M A P N O 1 5 9 2 M A P N O 1 3 4 3

ALLEY (UNIMPROVED)
MAP NO 1285 BLK 30 PAR 4 OPEN SPACE
PAR 4 OPEN SPACE
PAR 4 OPEN SPACE
BLK 12 MAP NO. 1285 LOT 'L' & POR. VAC. ALLEY
MAP NO. 1285 LOT 'M' BLK 12
BLK 12 MAP NO. 1285 LOT 'N' & POR. VAC. ALLEY

DEED RESTRICTION
BLK 12 MAP NO. 1285

DEED RESTRICTION

ALLEY (VACATED)
BLK 12 MAP NO. 1285 DEED RESTRICTION

POR LOT 'G' & 'O'

POR LOT 'O'
BLK 12 MAP NO. 1343 LOT 'U'
CERT OF COMPL. PAR NO 4 N
18 14
15 17
16 8
10 9 8 5 5
12 13
11 4 6 4 7 4 4 7 7
No. 36190
Exp. 6/30/20 REGISTERED PROFESSIONAL ENGINEER STATE OF CAL I FORNIA RANDY R. BRO N C I V I L W TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
19 43 December 15, 2025 Item 10
TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20

REGISTERED PROFESSIONAL ENGIN
E
ER

STATE OF CAL I FORNIA
RANDY R. BRO
N

C I V I L
W
44 December 15, 2025 Item 10
N
TEL. 760/436-8500 FAX 760/436-8603

SOWARDS & BROWN ENGINEERING
2187 NEWCASTLE AVENUE SUITE 103
CARDIFF BY THE SEA, CA., 92007

CONSULTING ENGINEERS
No. 36190
Exp. 6/30/20

REGISTERED PROFESSIONAL ENGIN
E
ER

STATE OF CAL I FORNIA
RANDY R. BRO
N

C I V I L
W
CERT OF COMPL. PAR NO 1
45 December 15, 2025 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: December 15, 2025
SUBJECT: Selection of the 2026 Mayor and Deputy Mayor
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council appoint from among its members a Mayor and Deputy Mayor to serve for a one-year period beginning on December 16, 2025, through December 2026 in accordance with Council Policies 100 and 118.

BACKGROUND:

Del Mar Municipal Code 2.20.020 – Presiding Officer indicates that the City Council shall select from among its members a Mayor and Deputy Mayor who will serve a term of one year. Council Policy 100, Selection of the Mayor and Deputy Mayor (Attachment A), outlines the traditional rotation of the Mayor and Deputy Mayor.

In accordance with Council Policy 100, it is the tradition of the City Council to place the two highest vote getters in any one election into a queue to rotate into the positions of Mayor and Deputy Mayor. The highest vote getters in the 2024 General Municipal Election were Deputy Mayor Tracy Martinez followed by Councilmember John Spelich.

City Council Policy 118, Roles & Responsibilities of the Council-Appointed Mayor and Deputy Mayor (Attachment B), outlines the roles and responsibilities of the Councilappointed Mayor and Deputy Mayor which include serving as the City Council’s presiding officer; representing only the City’s official Council-approved position at any public forum; and other responsibilities as designated in the policy. It also sets expectations that the Mayor be available to perform the duties outlined in the policy and in the Del Mar Municipal Code as well as comply with the City Council and City Manager Guiding Principles when performing mayoral duties. Further, Council Policy 118 establishes that the City Council should consider the policy when making appointments to the Mayor and Deputy Mayor positions.
1 December 15, 2025 Item 12
City Council Agenda Report
Selection of the 2026 Mayor and Deputy Mayor
December 15, 2025

Page 2 of 2 ends

DISCUSSION/ANALYSIS:

In accordance with past practice, the Council would consider appointing Deputy Mayor Martinez to the role of Mayor and Councilmember Spelich to the role of Deputy Mayor for 2026. Appointments for the role of Mayor and Deputy Mayor require three affirmative votes of the City Council.

The appointed Mayor and Deputy Mayor will serve in these roles for a one-year period beginning on December 16, 2025, and ending in December 2026.

ATTACHMENTS:

Attachment A – Del Mar Del Mar Municipal Code 2.20.020
Attachment B – Council Policy 100 – Selection of the Mayor and Deputy Mayor Attachment C – Council Policy 118 – Roles & Responsibilities of the Council-Appointed Mayor and Deputy Mayor
2 December 15, 2025 Item 12
Del Mar Municipal Code
Created: 2025-11-10 08:34:15 [EST]
(Supp. No. 10, Update 5)

Page 1 of 1 ends

2.20.020 Presiding Officer.

A. City Council shall meet at their usual place of meeting on the first Tuesday in December after the General Municipal Election, provided that the Elections Official has certified the election, and shall pass a resolution reciting the fact of the election, shall install the newly elected officers and shall choose one of its members as Mayor and one of its members as Deputy Mayor.

B. The Mayor, and the Deputy Mayor, shall serve a term of one year, or until a successor for each position is chosen. Three affirmative votes shall be required to choose or change the Mayor or Deputy Mayor.

C. In addition to the powers and duties of a Councilmember, the Mayor, or in the Mayor's absence, the Deputy Mayor, shall be the presiding officer of the City Council. (Ord. No. 680)
3 December 15, 2025 Item 12

ATTACHMENT B

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
100 SELECTION OF MAYOR AND DEPUTY
MAYOR
DATE REVISED: 12/15/14
BY RESOLUTION: 2014-92
PAGES: 1 OF 1
POLICY:

Del Mar Municipal Code, Section 2.20.020 A and B, addresses when the City Council shall meet to install newly elected Council members and states that its members shall choose one of its members as Mayor and one of its members as Deputy Mayor by motion of the Council and three affirmative votes. It further states that the Mayor and the Deputy Mayor shall serve a term of one year, or until a successor for each position is chosen.

1. The Mayor and Deputy Mayor are members of the City Council and are annually elected by majority vote of the City Council at the first regular meeting in December or, in the case of an election year, upon certification of the election results. As a member of the City Council, the Mayor and Deputy Mayor shall have all the powers of a member.

2. In choosing the Mayor and Deputy Mayor, it is the tradition of the Council to place the top two vote getters in any one election into a queue to rotate into the position of Mayor and Deputy Mayor. In each City Council election, the person with the most votes shall be placed first in the rotation of that group, the second highest vote getter will be placed second, and in the years when there is a third seat contest, the third highest vote getter will be placed third in that rotation. However, the Council member who received the third most votes in an election year filling three seats will not be in the queue for either Deputy Mayor or Mayor but would be in rotation should the Council member traditionally rotating into the Deputy Mayor or Mayor position be unavailable to serve in that role.

3. In case of appointment to the City Council to fill a vacancy, that person will occupy the last position in the current rotation. Each new election will determine the rotation only for the group in that election. Should any City Council member not be available to take their regular place in the established rotation, the next person in the rotation will be elevated to the Deputy Mayor’s position and the rotation will continue as previously set.

4. In the event there are members of the City Council appointed in lieu of an election, the appointed City Council members will go into a Mayoral rotation based on tenure (seniority) on the City Council. The City Council member with the most tenure on the City Council will be placed first in the rotation of that group. If no seniority exists (e.g. members have the same tenure), then the appointed City Council members will be rotated based on a coin toss conducted at a publicly noticed meeting. 4 December 15, 2025 Item 12

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
118 Roles & Responsibilities of the CouncilAppointed Mayor and Deputy Mayor DATE ADOPTED: 9/18/2023
BY RESOLUTION: 2023-38
PAGES: PAGE 1 OF 3
I. PURPOSE:

The City of Del Mar Mayor and Deputy Mayor are appointed annually by the City Council. The purpose of this policy is to outline the roles and responsibilities of the Council-appointed Mayor and Deputy Mayor and to establish guidelines to assist the Mayor and Deputy Mayor in performing their duties.

II. POLICY:

A. MAYOR’S DUTIES:

The Mayor shall be a member of the City Council and shall perform all the functions and have the same authority and rights as the rest of the Council in their capacity as Councilmembers. In addition to said Councilmember functions, authority and duties, the Mayor shall have the responsibilities of:
1) Serving as the presiding officer of the City Council in accordance with the Del Mar Municipal Code (DMMC) Chapter 2.20.020, and in doing so ensuring equal opportunity for participation among the Council and members of the public, as well as ensuring decorum by members of the Council and public consistent with the City’s adopted Code of Civil Discourse and Council Policy. 2) Working with the City Manager and City Clerk on the planning and management of regular City Council meeting agendas consistent with Council Policies 300 and 301.
3) Being the official head of the City for all political and ceremonial purposes and in the name and on behalf of the City, unless the City Council has designated another Councilmember to do so.
4) Representing only the City of Del Mar’s official Council-approved position at any public forum, meeting with elected officials, or when being interviewed by the press on behalf of the City, regardless of the Mayor’s personal views. 5) Regularly report out and keeping the Council informed as to their activities as Mayor on behalf of the City as part of the regularly agendized City Council reports at City Council meetings.
6) Notifying the Deputy Mayor and City Manager when unable to represent the City as requested by the City or outside parties to ensure that the City is properly represented at outside meetings, functions and other engagements. 7) Signing all legal instruments and documents to which the City is a party except where otherwise provided herein or by applicable law, ordinance, or resolution, minute action, or order of the Council.
8) Representing the City in any and all matters involving other governmental agencies, unless another Councilmember has been designated to do so by the City Council, and provided that no act, promise, commitment or agreement entered into or committed by the Mayor shall be binding upon the City unless duly authorized or ratified by the City Council.
5 December 15, 2025 Item 12

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
118 Roles & Responsibilities of the CouncilAppointed Mayor and Deputy Mayor DATE ADOPTED: 9/18/2023
BY RESOLUTION: 2023-38
PAGES: PAGE 2 OF 3
9) Performing such other duties consistent with the office as may be prescribed by this policy or delegated to or imposed on the Mayor by the City Council if not inconsistent with the provisions of this policy.

B. DEPUTY MAYOR’S DUTIES
The Deputy Mayor shall be a member of the City Council and shall perform all the functions and have the same authority and rights of a duly elected Councilmember. In the Mayor’s absence, the Deputy Mayor shall serve as the presiding officer of the City Council and will fulfill the mayoral duties described in this policy, as needed.

C. EXPECTATIONS OF THE MAYOR AND DEPUTY MAYOR
It is the expectation of the City Council that the Mayor and Deputy Mayor, in the absence of the Mayor, be available to perform the duties outlined in this policy as well as duties set forth in DMMC Chapter 2.20.020 and other applicable City Council policies. Additionally, it is the expectation of the City Council that the Mayor and Deputy Mayor comply with the Del Mar City Council and City Manager Guiding Principles when performing mayoral duties.

D. CONSIDERATION OF THIS POLICY WHEN APPOINTING MAYOR AND DEPUTY MAYOR
In accordance with DMMC Chapter 2.20 - City Council, the City Council will select a Mayor and a Deputy Mayor annually at the first meeting in December. Three affirmative votes shall be required to choose or change the Mayor or Deputy Mayor (DMMC

2.20.020(B)).

Additionally, as outlined in City Council Policy 100- Selection of the Mayor and Deputy Mayor, it has been the tradition of the City Council to place the top two vote getters in any election into a queue to rotate into the position of Mayor and Deputy Mayor, but it is not required that the City Council do so. Policy 100 states further that should any City Council member not be available to take their place in the traditional rotation, the next person in the rotation will be elevated to the Deputy Mayor or Mayor position, as applicable.

In accordance with this policy and Policy 100, the City Council will take into consideration the availability and willingness of its members to perform the duties and responsibilities of the Mayor and Deputy Mayor when voting on appointments to these important roles.

E. CHANGE OF THE MAYOR AND DEPUTY MAYOR
Once appointed, if the Mayor or Deputy Mayor fail to meet the expectations of the City Council as identified in this Policy, in accordance with City Council Policy 301- Request by Members of the City Council to Place an Item on a City Council Agenda, two City Council members may place an item on the City Council agenda for the Council to consider 6 December 15, 2025 Item 12

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
118 Roles & Responsibilities of the CouncilAppointed Mayor and Deputy Mayor DATE ADOPTED: 9/18/2023
BY RESOLUTION: 2023-38
PAGES: PAGE 3 OF 3
changing the Mayor and/or Deputy Mayor. Three affirmative votes shall be needed to change the Mayor and/or Deputy Mayor.

F. RELATED REGULATIONS & POLICIES
DMMC Chapter 2.20.020- Presiding Officer states that the City Council shall appoint a Mayor and Deputy Mayor at the first City Council meeting in December by three affirmative votes; establishes a one-year term for the Mayor; and designates the Mayor, or in the Mayor’s absence, the Deputy Mayor, as the presiding officer of the City Council. In addition, the City Council has adopted various City Council policies included in the City Council Policy Book that include additional duties and responsibilities of the Mayor and Deputy Mayor for specific functions such as proclamation and managing public oral communications at City Council meetings. The Del Mar City Council and City Manager Guiding Principles also applies to the Mayor and Deputy Mayor in their capacity as members of the City Council and when performing their mayoral duties. 7 December 15, 2025 Item 12
City of Del Mar
Council Liaison Report
TO: Honorable Mayor and City Council Members
FROM: Tracy Martinez, Deputy Mayor
DATE: December 15, 2025
North County Transit District -November meeting update
The North County Transit – San Diego Railroad (NCTD) Board of Directors (Board) held a public hearing and voted unanimously to standardize weekend BREEZE service levels and consolidate NCTD’s COASTER Connection service from five routes to two. Prior to the public hearing, NCTD staff conducted robust public outreach regarding the proposed service changes, including launching dedicated web pages in English and Spanish, posting public hearing notices in local newspapers and informational flyers at major transit centers, and hosting inperson and virtual public engagement sessions. NCTD received 12 written comments related to the weekend standardization and 78 written comments regarding the COASTER Connection changes. The Board approved adding Sunday service to BREEZE Routes 304 and 318 and eliminating Saturday service on BREEZE Routes 325 and 347 to create one weekend schedule as opposed to two separate Saturday and Sunday schedules. The weekend standardization efforts will support NCTD’s initiative to balance weekend service levels systemwide.

The COASTER Connection service has seen low ridership since June 2024 when NCTD took over the routes after the San Diego Metropolitan Transit System (MTS) decided to eliminate the service. NCTD will maintain the two highest-performing routes, FLEX 473 and 479. FLEX 473 connects the Sorrento Valley COASTER Station to smaller businesses east of I-805 that may not have the resources to provide their own employer-sponsored shuttles. FLEX 479 connects the UTC area and UCSD – maintaining this route allows NCTD to expand on its partnership with UCSD to provide students with access to all of NCTD’s transit services. The Board expressed support for the COASTER Connection service change, emphasizing the need for fiscal responsibility when providing additional service outside of NCTD’s primary area of responsibility in North San Diego County.

The Board received the Monthly Intergovernmental Affairs Report for October 2025. On October 3, the United States Department of Transportation (DOT) issued an Interim Final Rule, effective immediately, eliminating the long-standing presumption that members of certain racial or gender groups are automatically considered socially and economically disadvantaged for purposes of Disadvantaged Business Enterprise (DBE) certification. Under the new rule, certifying agencies may not base disadvantaged status in whole or in part on an owner’s race or gender, and all currently certified DBE firms must be reevaluated under the individualized, case-by-case standard. Firms that do not demonstrate social and economic disadvantage under this new standard will be decertified. At the state level, Governor Gavin Newsom finalized action on hundreds of bills before the statutory deadline of October 13. Out of the 917 proposed bills that reached the Governor’s desk, he signed 794 and vetoed 123. While vetoed bills will not move forward, many are eligible for reintroduction in the next year of the legislative session. The Legislature will reconvene on January 5, 2026.
1 December 15, 2025 Item XIE and Item XIIA
City Council Liaison Report – Martinez
December 15, 2025

Page 2 ends

Del Mar Community Connections (DMCC)
The next Board Meeting will be on January 9, 2026, at 10:00 am at Town Hall followed by the DMCC Second Annual State of the Organization and a luncheon.

Jim Dutton is the December volunteer of the month for his contribution as a driver several times a week.
2 December 15, 2025 Item XIE and Item XIIA

Del Mar City CouncilDecember 15, 2025

Del Mar City Council
December 15, 2025