Del Mar City Council
January 6, 2026

Table of Contents
1-6-2026 Regular Meeting Agenda
Item 1 - 12-15-25 Draft Action Minutes Regular Meeting
Item 2 - 1.6.26 List of Demands Packet
Item 4 - Agreement for Sales Use and District Tax Services Item 5 - Second Reading of Plastics Ordinance
Item 6 - Appeal of V24-003
Item 7- Council Local and Regional Appointments
Item XIE - Council Liaison Report - Martinez
2 8
14 35
50 60
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204
Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California 92014
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.

Regular Meeting
Tuesday, January 6, 2026 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings in-person or via written comment (Red Dot). Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda.

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

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

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

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

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

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

Tracy Martinez
Mayor
John W. Spelich
Deputy Mayor
Terry Gaasterland
Council Member
Dan Quirk
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting January 6, 2026
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.

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

V. COMMUNITY ANNOUNCEMENTS
VI. CITY MANAGER’S REPORT
VII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk.

1. Approval of Minutes: December 15, 2025 Regular and Special Meeting Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

2. Ratification of List of Demands dated January 6, 2026 Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting January 6, 2026
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

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

Reference: Clerk’s File No. 401-4

4. Agreement with Hinderliter, de Llamas & Associates for Sales, Use, and District Tax Information, Audit, and Consulting Services Recommended Action: Staff recommends the City Council: 1) Approve an Agreement for Sales, Use, and District Tax Information, Audit, and Consulting Services with Hinderliter, de Llamas & Associates (HdL) (Attachment A); and 2) Authorize the City Manager to execute the Agreement and any subsequent amendments provided for under the Agreement contingent upon satisfactory performance by the consultant.

Reference: Clerk’s File No. 406-1
VIII. PUBLIC HEARING

5. Adoption of an Ordinance to Repeal and Replace Chapter 11.40 of the Del Mar Municipal Code to Prohibit 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
Recommended Action: Staff recommends that the City Council adopt 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, 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.

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

6. De Novo Hearing of an Appeal of the Planning Commission’s Denial of a Variance (V24-003) Request for Reductions to Front and Rear Yard (Setbacks) Requirements for a Non-Conforming Lot

Applicant/Appellant: Reid and Beth Westburg

Location: Vacant Lot Adjacent to and East of 1439 Oribia Road (APN: 299- 200-74-00)
Recommended Action: Staff recommends that the City Council conduct a de novo public hearing and adopt the attached Resolution (Attachment A) granting a Del Mar City Council Regular Meeting January 6, 2026
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Variance to reduce front and rear setbacks (V24-003) required for the subject property.

Reference: Clerk’s File No. 301-3
IX. COUNCIL MEETING RECESS
X. CITY COUNCIL OTHER BUSINESS

7. 2026 City Council Local and Regional Appointments
Recommended Action: Staff recommends that the City Council: 1) Review the current list of Del Mar City Council regional and local appointments (Attachment A), make or reaffirm appointments for 2026, and authorize the elimination of any committees or subcommittees that are no longer deemed necessary; 2) Consider reappointment of former councilmember/resident Dwight Worden to continue to serve as the City’s representative to the METRO JPA Board through the end of 2026; and 3) Discuss whether to direct staff to return to Council with an amendment to City Council Policy 101 to better align the policy with the Council’s historical practice for local and regional appointments.

Reference: Clerk’s File No. 401-1
XI. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.

A. Clean Energy Alliance JPA (CEA) Board of Directors (Spelich/Gaasterland) B. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) C. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Martinez/Spelich) D. League of California Cities – San Diego Chapter (Gaasterland/Martinez) E. North County Transit District (NCTD) (Martinez/Spelich) Recommended Action: Receive Report
F. Regional Solid Waste Association (Spelich/Quirk)
G. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Spelich)
H. SANDAG Borders Committee
I. SANDAG Regional Planning Committee
J. SANDAG Shoreline Preservation Working Group
(Spelich/Gaasterland/Martinez)
K. SANDAG LOSSAN Executive Task Force (Gaasterland/Martinez) L. San Diego Metropolitan Wastewater Commission/JPA (Worden) M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Gaasterland/Martinez)
N. Other Regional Organization Reports
XII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS Del Mar City Council Regular Meeting January 6, 2026
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.

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

January 20, 2026
Resolution Approving Second Amended and Restated Regional Wastewater Disposal Agreement (SARA)
Vactor Truck Purchase
Award of Contract for Cost Allocation Plan and Comprehensive User Fee Study Introduction of an Ordinance to Process Administrative Corrections to Sections 23.12.070 and

23.12.071 of the Del Mar Municipal Code
City Tree Policy and Regulations Update
Cost Sharing Agreement with City of Solana Beach for Fire Management Transition Services Del Mar City Council Regular Meeting January 6, 2026
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us XIV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 30th day of December, 2025 at approximately 1:15 p.m.
___________________________________________ 12/30/2025
Sarah Krietor, Administrative Services Manager/ Date
City Clerk

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
DECEMBER 15, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.

CALL TO ORDER
Mayor Terry Gaasterland called the Regular Meeting to order at 4:35 p.m.

ROLL CALL

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

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no absences, recusals, or reportable actions for the December 15, 2025, Closed Session.

PLEDGE OF ALLEGIANCE
Mayor Gaasterland led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
Mayor Gaasterland opened public oral communications and Shirli Weiss with two donations of time from Karl Willert and Amy Cheshire spoke. Mayor Gaasterland closed public oral communications.

Mayor Gaasterland and Councilmember Quirk requested a future agenda item related to the San Diego Association of Government’s (SANDAG) Del Mar Bluffs 5 project and related mitigation work, which the City Manager will work to coordinate with SANDAG project staff.

CITY COUNCIL COMMUNITY ANNOUNCEMENTS
None.

CITY MANAGER’S REPORT
City Manager Ashley Jones reported that the Regional Taskforce on Homelessness is seeking volunteers to help conduct the annual “We All Count” homeless census on Thursday, January 29, 2026; draft amendments to the Community Plan Safety Element and a new Environmental Justice Element are available on the City’s website for public review, which are planned for presentation to the Planning Commission and Sustainability Advisory Committee in January 2026, and the Council for consideration of adoption by April 2026; City Hall and the Public Works Administrative Office will be closed from December 24, 2025, through January 1, 2026 in observance of the holidays; and reminded the public that in 2026 the City Council will be meeting on the first and third Tuesday at 4:30pm in the Town Hall. 1 January 6, 2026 Item 1
City Council Regular Minutes
December 15, 2025

CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.

IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER QUIRK TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 8 AND ITEM 10. (VOTE 4-0) Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

ITEM 1: APPROVAL OF MINUTES: REGULAR MEETING DECEMBER 1, 2025 (CLERK’S

MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED DECEMBER 15, 2025 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

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

ITEM 4: CONSTRUCTION CONTRACT WITH PORTILLO CONCRETE, INC. FOR FISCAL YEAR 2025-26 ASPHALT ROADWAY REPAIRS (CLERK’S FILE NO. 406-1) Council awarded a $75,000 construction contract to Portillo Concrete, Inc. for Fiscal Year (FY) 2025-26 asphalt roadway repairs and authorized the City Manager to execute the contract, on consent.

ITEM 5: APPROVAL OF ENCROACHMENT PERMIT 25-075 – A REQUEST TO RETAIN

EXISTING UNPERMITTED PLANTER WALLS, BRICK COLUMNS, AND ASSOCIATED IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY AT 1639 LUNETA DRIVE; APPLICANT: 1639 LLC (CLERK’S FILE NO. 802-1)
Council adopted Resolution 2025-36, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING ENCROACHMENT PERMIT 25-075 TO

PERMIT EXISTING PLANTER WALLS, BRICK COLUMNS, AND ASSOCIATED

IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY ON THE SOUTH SIDE OF THE PROPERTY AT 1639 LUNETA DRIVE (APN: 299-220-44-00) IN DEL MAR, CALIFORNIA”, on consent.

ITEM 6: APPROVAL OF AN AGREEMENT WITH TYLER TECHNOLOGIES FOR ERP PRO SOFTWARE AS A SERVICE (CLERK’S FILE NO. 406-1)
Council approved a Software as a Service (SaaS) Agreement between the City of Del Mar and Tyler Technologies, Inc. for the implementation of a new Enterprise Resource Planning system; and authorized the City Manager to negotiate and execute the final Agreement, in consultation with the City Attorney, and any subsequent amendments 2 January 6, 2026 Item 1
City Council Regular Minutes
December 15, 2025

provided for under the Agreement contingent upon satisfactory performance by the vendor, on consent.

ITEM 7: APPROVAL OF EMERGENCY FUNDING FOR STORM DRAIN AND ROADWAY REPAIR ALONG SAN DIEGUITO DRIVE (CLERK’S FILE NO. 901-5, 906-5) Council approved $131,000 in emergency funding for construction and inspection services for the emergency work related to the Emergency Storm Drain and Roadway Repair along San Dieguito Drive; ratified any prior authorization by the City Manager to facilitate the emergency repairs; and authorized the City Manager to execute any documents necessary to complete the work, on consent.

ITEM 8: PROPOSED RECLASSIFICATION OF FINANCE DIVISION ACCOUNTING POSITION (CLERK’S FILE NO. 504-1)
Council adopted Resolution 2025-37, “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”, on consent.

PUBLIC HEARING
ITEM 9: 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 SINGLE-USE, NON-COMPOSTABLE DISPOSABLE FOOD

SERVICE WARE CITYWIDE, AND SINGLE-USE PLASTIC BEVERAGE BOTTLES AT CITY FACILITIES AND CITY-SPONSORED EVENTS (CLERK’S FILE NO. 401-4) An introduction to the item was provided by City Manager Jones. A presentation was provided by Special Projects and Programs Manager Kaitlyn Elliot-Norgrove. Assistant City Manager Clem Brown was available to answer questions.

Council questions focused on how EDCO can partner with the Del Mar Farmers Market to educate the public on organics recycling; difference between biodegradable versus compostable service ware and related public outreach; and whether the Sustainability Advisory Committee discussed prohibiting the sale of single use bottles.

Mayor Gaasterland opened the item to public comment and the following people spoke:
1) Ann Feeny
2) Karl Willert
3) Hailey Saaredra, La Jolla Country Day School/Surfrider Club 4) Robert Lutdy, La Jolla Country Day School/Surfrider Club 5) Janis Jones, Surfrider Foundation San Diego
6) Carol Kerridge
7) Diana Kutlow, representing Senator Catherine Blakespear 8) Vanessa Forsythe, California Nurses for Environmental Health and Justice 9) Jennifer Anderson, chair of the Sustainability Advisory Committee Mayor Gaasterland closed the item to public comment.
3 January 6, 2026 Item 1
City Council Regular Minutes
December 15, 2025

Council discussion focused on appreciation of the Sustainability Advisory Committee and City staff for their work on the proposed ordinance; consideration of whether to direct staff to evaluate expanding the ordinance, in the future, to prohibit the sale of single use plastic bottles in the City; and desire to reduce plastic waste.

IT WAS MOVED BY MAYOR GAASTERLAND AND SECONDED BY DEPUTY MAYOR MARTINEZ TO INTRODUCE “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”. (VOTE 4-0) Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

ITEM 10: 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 (CLERK’S FILE NO. 301-1)
Mayor Gaasterland open and closed the pubic hearing. There were no public speakers for the item. The item was moved to the Consent Calendar for approval.

City Council approved Resolution 2025-38, “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”, on consent.

COUNCIL MEETING RECESS:

The City Council took a meeting recess from approximately 5:56 p.m. to 6:04 p.m.

CITY COUNCIL OTHER BUSINESS
ITEM 11: 2025 MAYOR COMMENTS - YEAR END REVIEW (CLERK’S FILE NO. 401-1) Comments, including overview of 2025 accomplishments, were provided by Mayor Gaasterland.

There were no public speakers for the item.

Council discussion focused on appreciation to Mayor Gaasterland for her service as Mayor in 2025.

ITEM 12: SELECTION OF THE 2026 MAYOR AND DEPUTY MAYOR (CLERK’S FILE NO. 401- 1)
4 January 6, 2026 Item 1
City Council Regular Minutes
December 15, 2025

Mayor Gaasterland opened the item to public comment and Carol Kerridge spoke. Mayor Gaasterland closed the item to public comment.

IT WAS MOVED BY MAYOR GAASTERLAND AND SECONDED BY COUNCILMEMBER QUIRK TO APPOINT TRACY MARTINEZ AS MAYOR AND JOHN SPELICH AS DEPUTY MAYOR FOR 2026. (VOTE 4-0)
Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
City Council representatives reported on the North County Transit District, Del Mar Community Connections; SANDAG Board of Directors; Shores Park Ad-hoc Master Planning Committee; and Undergrounding Program Advisory Committee.

ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 6:35 p.m.
____________________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
5 January 6, 2026 Item 1

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
DECEMBER 15, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California 92014

CALL TO ORDER
Mayor Terry Gaasterland called the meeting to order at 2:30 p.m.

ROLL CALL

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

CLOSED SESSION
A) Conference with Legal Counsel- Existing Litigation
Lazier v. City of Del Mar
San Diego Superior Court Case No. 25CU058363C
Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None.

B) Conference with Legal Counsel- Existing Litigation
Seiber v. City of Del Mar
San Diego Superior Court Case No. 25CU013097C
Authority: Government Code Section 54956.9(d)(1)
Reportable Action: None.

C) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Undergrounding Program Advisory Committee Assignments Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None.

D) Public Employee Performance Evaluation
Title: City Manager
Authority: Government Code Section 54957
Reportable Action: None.

ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 4:28 p.m.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
6 January 6, 2026 Item 1

Vendor Payment Checks $ 221,012.32
Voids -
Electronic Fund Transfers (EFT) 548,890.38
Electronic Wires 123,352.77
Total $ 893,255.47
Approved by: Approved by:

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

Attachments: Check Registers

LIST OF DEMANDS

CITY OF DEL MAR
for
City Council Meeting
January 6, 2026
12/19/25
1 January 6, 2026 Item 2
12/09/2025
Check List
City of Del Mar
1 11:33:02AM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7376 12/12/2025 kay01 ADAM KAYE NOV-25 11/28/2025 COMM SRVCS NOV 3,975.00 3,975.00 Voucher: 7376
7377 12/12/2025 cha71 CHARTER COMM HOLDINGS LLC, CHARTER COMMUNICATIONS 189123701 11/14/2025 FIBER CONNECTION PW NOV 567.52 Voucher: 7377 189123401 11/14/2025 CABLE/INTERNET PW NOV 231.19 798.71 7378 12/12/2025 coa21 COAST NEWS GROUP 00159233 11/14/2025 AD - NOTICE OF PREPARATION 143.38 Voucher: 7378 00159399 11/28/2025 AD - ORDIN ADOPT 62.00 205.38 7379 12/12/2025 cor07 CORODATA RECORDS MGT INCRS7126102 11/30/2025 STORAGE SRVCS NOV 161.75 161.75 Voucher: 7379
7380 12/12/2025 cor22 CORVEL CORPORATION 1936266 11/14/2025 MED MAINT - NOV 256.00 Voucher: 7380 1938053 11/26/2025 WC SRVCS - NOV 189.44
1936861 11/15/2025 FNOL FEES - NOV 37.89 483.33
7381 12/12/2025 dix01 DIXIELINE LUMBER CO 06-0623688 12/2/2025 OPERATING SUPP PW 57.66 Voucher: 7381 06-0623074 11/25/2025 SM TOOLS PW 43.82
06-0623584 12/2/2025 OPERATING SUPP PW 34.16
06-0623246 11/26/2025 OPERATING SUPP PW 29.35
06-0622555 11/21/2025 EQUIP MAINT SUPP PW 11.24
06-0623554 12/1/2025 VEH MAINT SUPP PW 8.80
06-0623370 11/28/2025 MAINT/REPAIR SUPP PW 3.90 188.93
7382 12/12/2025 duk01 DUDEK 202507568 9/17/2025 SD LAGOON ENV SVCS AUG 2,415.00 2,415.00 Voucher: 7382
7383 12/12/2025 mik03 MIKHAIL OGAWA ENGINEERING12313 12/1/2025 FOG SRVCS NOV 1,523.13 Voucher: 7383 12314 12/1/2025 SEWER PROG SUPP NOV 959.20 12312 12/1/2025 DM TRASH DEVICE NOV 335.68 2,818.01
7384 12/12/2025 opt03 OPTIMIZED INVESTMENT PARTNERS, LLC 1548 12/5/2025 INVSTMT SRVCS NOV 2,669.93 2,669.93 Voucher: 7384
7385 12/12/2025 pru01 PRUDENTIAL OVERALL SUPPLY132346389 11/21/2025 UNIFORMS PW - 11/21 70.02 Voucher: 7385 132347544 11/28/2025 MATS PW - 11/28 15.47 132347545 11/28/2025 SHOP TOWELS PW - 11/28 4.41 89.90
7386 12/12/2025 sca12 SCA OF CA LLC CA25004197 11/30/2025 SWEEPING SRVCS NOV 3,424.84 3,424.84 Voucher: 7386
7387 12/12/2025 wex01 WEX BANK 0496-00-495760-1 12/6/2025 GAS & OIL FIRE NOV 1,005.29 1,005.29 Voucher: 7387
Page: 1
2 January 6, 2026 Item 2
12/09/2025
Check List
City of Del Mar
2 11:33:02AM
apChkLst Final Page:

Sub total for EFT GENERAL ACCOUNT US BANK: 18,236.07
Page: 2
3 January 6, 2026 Item 2
12/09/2025
Check List
City of Del Mar
3 11:33:02AM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140478 12/12/2025 ago02 A GOOD ROOFER INC M25528-1 11/25/2025 ROOF REPAIRS LG 16,178.00 16,178.00 Voucher: 140478
140479 12/12/2025 sbc03 AT&T 9391065056 11/27/2025 TELEPHONE NOV 31.01 Voucher: 140479 9391065055 11/27/2025 TELEPHONE NOV 30.98 61.99 140480 12/12/2025 azt02 AZTEC LANDSCAPING INC, DBA AZTEC JANITORIAL J2211 11/30/2025 JANITORIAL SRVCS CH NOV 2,564.00 Voucher: 140480 j2212 11/30/2025 JANITORIAL SRVCS NOV 501.00 3,065.00 140481 12/12/2025 bab03 BABCOCK LABORATORIES, INCCL50070-10666 12/2/2025 WATER TESTING 575.00 575.00 Voucher: 140481
140482 12/12/2025 bar29 BARNETT QUALITY CONTROL SRVCS, DBA NOVA SRVCS INC 25859 11/8/2025 UTILITY UG DIST X1A 4,287.36 4,287.36 Voucher: 140482
140483 12/12/2025 sol01 CITY OF SOLANA BEACH 221127 11/13/2025 PUMP STATION LEASE Q2 32,587.00 Voucher: 140483 221125 11/12/2025 PUMP STATION LEASE Q1 32,587.00 221128 11/24/2025 FY24 PUMP LEASE TRUEUP 3,784.00 68,958.00 140484 12/12/2025 cmr01 CMRTA 4325 12/8/2025 CMRTA MBRSHP FY26 150.00 150.00 Voucher: 140484
140485 12/12/2025 cou16 COUNTY OF SAN DIEGO - REGIONAL, COMM SYSTEM 26CTOFDMC05 12/1/2025 RCS PAGING SRVCS - NOV 70.00 70.00 Voucher: 140485
140486 12/12/2025 cul06 CRH CALIFORNIA WATER, INC. 1496855 11/30/2025 WATER CH - NOV 159.42 Voucher: 140486 1492003 10/31/2025 WATER CH - OCT 100.42 259.84 140487 12/12/2025 dep04 DEPT. OF INDUSTRIAL RELATIONS OSIP 73538 12/1/2025 OSIP ASSESSMENT FY26 6,753.46 6,753.46 Voucher: 140487
140488 12/12/2025 kin02 KING GRAPHICS 51383 11/25/2025 UNIFORMS CS 150.00 150.00 Voucher: 140488
140489 12/12/2025 mar11 MARSHALLS INDUSTRIAL HARDWARE 795862/1 11/21/2025 SWITCHES PW 59.77 59.77 Voucher: 140489
140490 12/12/2025 nap01 NAPA AUTO PARTS 740979 8/12/2025 VEH MAINT SUPP PW 100.26 100.26 Voucher: 140490
140491 12/12/2025 nea02 NEAL ELECTRIC CORP 90169 11/21/2025 LANDSCAPE LIGHTS PHCC 1,680.00 Voucher: 140491 90164 11/21/2025 UPLIGHTS PHCC 1,290.00 2,970.00 140492 12/12/2025 nic04 NICOL, CARA S 12082025 12/8/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140492
140493 12/12/2025 nor21 NORTH COUNTY CONCRETE, CUTTING, INC. 3512 11/30/2025 CONCRETE SRVCS PW 410.00 410.00 Voucher: 140493
140494 12/12/2025 pro24 PROGRESSIVE TECHNOLOGY, SECURITY SYSTEMS, INC 594466 12/1/2025 ALARM MONITORING TH JAN/MAR 162.00 Voucher: 140494 594465 12/1/2025 ALARM MONITORING CH JAN/MAR 162.00 324.00 Page: 3
4 January 6, 2026 Item 2
12/09/2025
Check List
City of Del Mar
4 11:33:02AM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140495 12/12/2025 rcp01 RCP BLOCK & BRICK INC. 33504518 11/21/2025 SAND/PALLET PW 775.21 775.21 Voucher: 140495
140496 12/12/2025 sho09 SHOPE FAMILY TRUST 12082025 12/8/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140496
140497 12/12/2025 sou02 SOUTHCOAST HEATING & AIR COND. 1461979 11/30/2025 HVAC SRVCS PW 698.61 698.61 Voucher: 140497
140498 12/12/2025 sou08 SOUTHWEST SIGNAL SERVICE84683 11/30/2025 SIGNAL MAINT NOV 490.42 Voucher: 140498 84684 11/30/2025 SIGNAL MAINT NOV 55.79 546.21 140499 12/12/2025 uni25 STAXUP - UNITS LLC 19306 12/5/2025 STORAGE CS DEC 289.85 289.85 Voucher: 140499
140500 12/12/2025 sta09 SWRCB, ATTN: AFRS SW-0323466 11/5/2025 SWRCB ANN PERMIT PLNG 7,279.00 Voucher: 140500 WD-0311117 11/19/2025 ANNUAL PERMIT FEE 3,945.00 WD-0311475 11/19/2025 ANNUAL PERMIT FEE 2,360.00 13,584.00 140501 12/12/2025 t-mo01 T-MOBILE USA INC 980755647 11/21/2025 TELEPHONE NOV 12.10 12.10 Voucher: 140501
140502 12/12/2025 tor09 TORREY PACIFIC CORP 11262025 11/26/2025 REIMB SPRING TREE TRIMMING 3,328.00 3,328.00 Voucher: 140502
140503 12/12/2025 tor09 TORREY PACIFIC CORP 11262025 11/26/2025 REIMB FALL TREE TRIMMING 3,328.00 3,328.00 Voucher: 140503
140504 12/12/2025 tre07 TREDENT DATA SYSTEMS INC56117 11/21/2025 COMPUTER MAINT LFGDS 606.75 606.75 Voucher: 140504
140505 12/12/2025 uli02 ULINE 201276445 12/2/2025 UNIFORMS PW 59.62 59.62 Voucher: 140505
140506 12/12/2025 und01 UNDERGROUND SERVICE ALERT, OF SOUTHERN CALIFORNIA 1120250240 12/1/2025 CONT SRVCS NOV 166.00 Voucher: 140506 25-261684 12/1/2025 CA STATE FEES 67.58 233.58 140507 12/12/2025 ver03 VERIZON WIRELESS 872374736-00003 11/18/2025 TELEPHONE NOV 266.88 Voucher: 140507 542070053-00002 11/20/2025 TELEPHONE NOV 168.70 435.58 140508 12/12/2025 cal86 VULCAN MATERIALS CO 5110576 11/21/2025 OPERATING SUPP PW 1,319.97 1,319.97 Voucher: 140508
140509 12/12/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83658733 11/25/2025 JANITORIAL SUPPLIES 871.35 Voucher: 140509 83667768 12/2/2025 JANITORIAL SUPPLIES 833.73 83665071 12/1/2025 JANITORIAL SUPPLIES 142.90 1,847.98
140510 12/12/2025 wes24 WESTFLEX INDUSTRIAL 5009620 11/18/2025 OPERATING SUPP PW 530.98 530.98 Voucher: 140510
Page: 4
5 January 6, 2026 Item 2
12/09/2025
Check List
City of Del Mar
5 11:33:02AM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140511 12/12/2025 whi28 WHITE, ANNE Ref000182795 12/4/2025 UB Refund Cst #00008434 170.53 170.53 Voucher: 140511
140512 12/12/2025 wil110 WILEY, DARRIN 12042025 12/4/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140512
Sub total for GENERAL ACCOUNT US BANK: 134,539.65
Page: 5
6 January 6, 2026 Item 2
12/09/2025
Check List
City of Del Mar
6 11:33:02AM
apChkLst Final Page:
47 checks in this report. Grand Total All Checks: 152,775.72 Page: 6
7 January 6, 2026 Item 2
12/11/2025
Check List
City of Del Mar
1 9:12:31AM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 4182 12/12/2025 irs01 IRS, UNITED STATES TREASURY Ben182887 12/12/2025 FEDERAL TAX: PAYMENT 44,961.27 44,961.27 Voucher: 4182
4187 12/12/2025 per01 PERS Ben182889 12/12/2025 PERS CONTRIBUTIONS: PAYMENT 57,143.41 57,143.41 Voucher: 4187
4188 12/12/2025 edd01 EMPLOYMENT DEVELOPMENT DEPT Ben182891 12/12/2025 STATE TAX: PAYMENT 12,891.64 12,891.64 Voucher: 4188
4189 12/12/2025 per02 PERS 457 Ben182893 12/12/2025 CALPERS 457 DEFERRED COMP: PAYMENT 3,026.49 3,026.49 Voucher: 4189
Sub total for GENERAL ACCOUNT US BANK: 118,022.81
Page: 1
8 January 6, 2026 Item 2
12/11/2025
Check List
City of Del Mar
2 9:12:31AM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7388 12/12/2025 mis07 107413 STATE ST BANK & TRUST, MS 107413 PLAN 401A Ben182883 12/12/2025 401A PLAN: PAYMENT 555.16 555.16 Voucher: 7388
7389 12/12/2025 mis08 303845 STATE ST BANK & TRUST, MS 457 PLAN OBI 303845 Ben182875 12/12/2025 MISSION SQUARE 457B: PAYMENT 8,482.13 8,482.13 Voucher: 7389
7390 12/12/2025 mis09 803808 STATE ST BANK & TRUST, MS RHS PLAN OBI 803808 Ben182885 12/12/2025 RETIREMENT HEALTH SAVINGS 3%: PAYMENT 748.81 748.81 Voucher: 7390
7391 12/12/2025 uni21 DEL MAR CITY EMPLOYEES ASSOC. Ben182877 12/12/2025 DMCEA DUES: PAYMENT 273.00 273.00 Voucher: 7391
7392 12/12/2025 nat15 NATIONAL BENEFIT SERVICES, LLC, FLEXIBLE BENEFITS DEPT Ben182881 12/12/2025 SEC. 125 FLEXIBLE SAVINGS ACCT: PAYMENT 1,856.19 1,856.19 Voucher: 7392
7393 12/12/2025 par21 U.S. BANK PARS FFC 6746022400, CITYDELMAR ATTN B BERGMAN Ben182879 12/12/2025 PUBLIC AGENCY RETIREMENT SRVCS: PAYMENT 1,668.01 1,668.01 Voucher: 7393
Sub total for EFT GENERAL ACCOUNT US BANK: 13,583.30
Page: 2
9 January 6, 2026 Item 2
12/11/2025
Check List
City of Del Mar
3 9:12:31AM
apChkLst Final Page:
10 checks in this report. Grand Total All Checks: 131,606.11 Page: 3
10 January 6, 2026 Item 2
12/15/2025
Check List
City of Del Mar
1 10:25:52AM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7394 12/16/2025 22n01 22ND DISTRICT AGRICULTURAL 14322 10/20/2025 FG AFFORDABLE HSNG - Q1 142,162.78 142,162.78 Voucher: 7394
Sub total for EFT GENERAL ACCOUNT US BANK: 142,162.78
Page: 1
11 January 6, 2026 Item 2
12/15/2025
Check List
City of Del Mar
2 10:25:52AM
apChkLst Final Page:
1 checks in this report. Grand Total All Checks: 142,162.78 Page: 2
12 January 6, 2026 Item 2
12/16/2025
Check List
City of Del Mar
1 10:12:46AM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7395 12/16/2025 mis08 303845 STATE ST BANK & TRUST, MS 457 PLAN OBI 303845 SPCL20251216ICMA12/15/2025 457 PLAN 303845 CONTRIBUTIONS 260.48 260.48 Voucher: 7395
Sub total for EFT GENERAL ACCOUNT US BANK: 260.48
Page: 1
13 January 6, 2026 Item 2
12/16/2025
Check List
City of Del Mar
2 10:12:46AM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 8135 12/16/2025 irs01 IRS, UNITED STATES TREASURY SPCL20251216IRS12/15/2025 FEDTAX 911.53 911.53 Voucher: 8135
8136 12/16/2025 edd01 EMPLOYMENT DEVELOPMENT DEPT SPCL20251216EDD12/15/2025 STTAX 129.25 129.25 Voucher: 8136
8137 12/16/2025 per01 PERS SPCL20251216PERS12/15/2025 CALPERS ID 7409953276 4,289.18 4,289.18 Voucher: 8137
Sub total for GENERAL ACCOUNT US BANK: 5,329.96
Page: 2
14 January 6, 2026 Item 2
12/16/2025
Check List
City of Del Mar
3 10:12:46AM
apChkLst Final Page:
4 checks in this report. Grand Total All Checks: 5,590.44 Page: 3
15 January 6, 2026 Item 2
12/18/2025
Check List
City of Del Mar
1 12:22:19PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7396 12/19/2025 civ02 CIVIC SOLUTIONS INC 107418 12/2/2025 CONSULTING SRVCS NOV 12,180.00 12,180.00 Voucher: 7396
7397 12/19/2025 coa21 COAST NEWS GROUP 00159486 12/5/2025 AD - PUBLIC HEARING 166.63 Voucher: 7397 00159481 12/5/2025 AD - PUBLIC HEARING 162.75 00159487 12/5/2025 AD - PUBLIC HEARING 143.38
00159488 12/5/2025 AD - PUBLIC HEARING 135.63
00159482 12/5/2025 AD - PUBLIC HEARING 116.25 724.64
7398 12/19/2025 cor23 CORODATA SHREDDING INC DN 1552871 11/30/2025 SHREDDING SRVCS NOV 50.82 50.82 Voucher: 7398
7399 12/19/2025 dev02 DEVANEY PATE MORRIS & CAMERON 11221 12/12/2025 LEGAL FEES NOV 9,048.00 Voucher: 7399 11220 12/12/2025 LEGAL FEES NOV 886.50
11208 12/12/2025 LEGAL FEES NOV 402.00
11209 12/12/2025 LEGAL FEES NOV 122.00
11219 12/12/2025 LEGAL FEES NOV 49.00 10,507.50
7400 12/19/2025 dix01 DIXIELINE LUMBER CO 06-0624319 12/8/2025 TOOLS PW 59.19 Voucher: 7400 06-0625080 12/12/2025 OPERATING SUPP FIRE 27.04 06-0624321 12/8/2025 TOOLS PW 23.42
06-0623057 11/25/2025 OPERATING SUPP PW 23.15
06-0624325 12/8/2025 TOOLS PW 20.24
06-0624276 12/8/2025 ELECTRICAL SUPP PW 19.56 172.60
7401 12/19/2025 duk01 DUDEK 202509504 11/20/2025 SD LAGOON ENV SVCS OCT 9,168.75 Voucher: 7401 202510136 12/3/2025 SD LAGOON ENV SVCS OCT 46,582.21 55,750.96 7402 12/19/2025 fer07 FERGUSON ENTERPRISES LLC, DBA FERGUSON WATERWORKS 0896724 12/5/2025 WATER METER PARTS 1,494.88 Voucher: 7402 0896467 12/5/2025 WATER METER PARTS 1,081.03 2,575.91 7403 12/19/2025 ful01 KURT MORGAN 44517 12/12/2025 BUSINESS CARDS 58.50 58.50 Voucher: 7403
7404 12/19/2025 man12 MANERI TRAFFIC CONTROL INC, DBA MTC 24685 11/23/2025 STREET SIGNS PW 408.90 408.90 Voucher: 7404
7405 12/19/2025 mic11 MICHAEL BAKER INTERNATIONAL 1268023 11/19/2025 CITY ENGR SRVCS OCT 56,566.77 56,566.77 Voucher: 7405
7406 12/19/2025 mik03 MIKHAIL OGAWA ENGINEERING12310 12/1/2025 CLEAN WATER SRVCS NOV 24,178.65 Voucher: 7406 12311 12/1/2025 SAN DIEGUITO TMDL NOV 668.76 24,847.41 7407 12/19/2025 nce01 NORTH COUNTY EVS INC 9027 12/12/2025 FIRE ENGINE MAINT #E238 36,017.47 36,017.47 Voucher: 7407
Page: 1
16 January 6, 2026 Item 2
12/18/2025
Check List
City of Del Mar
2 12:22:19PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7408 12/19/2025 par51 PARKWOOD LANDSCAPE MAINT INC 110301 10/31/2025 LANDSCAPE SRVCS SHORES OCT 490.00 490.00 Voucher: 7408
7409 12/19/2025 pit01 PITNEY BOWES GLOBAL FIN SRVCS 3107535598 12/11/2025 EQUIP RENTAL 10/30 - 1/29 974.94 974.94 Voucher: 7409
7410 12/19/2025 san03 SAN DIEGO COUNTY WATER AUTH. 1125-2 12/9/2025 RAW WATER NOV 129,986.80 129,986.80 Voucher: 7410
7411 12/19/2025 tru09 TRUE NORTH COMPLIANCE SRVCS DM25-11 12/2/2025 BLDG CODE PC INSP NOV 25,754.27 25,754.27 Voucher: 7411
7412 12/19/2025 uti01 UTILITY SPECIALISTS INC 31128 11/30/2025 UP - 1A STRATFORD S OCT 13,361.25 Voucher: 7412 31131 11/30/2025 UP - X1A CREST CNYN REIMB 633.91 31130 11/30/2025 UP - 1B STRATFORD N REIMB 18.20 14,013.36 7413 12/19/2025 wex01 WEX BANK 0496-00-496530-7 12/6/2025 GAS & OIL PW NOV 3,366.90 3,366.90 Voucher: 7413
7414 12/19/2025 gan04 WILLIAM GANDER, DBA RESITEC, LLC DM-RT20251205 12/5/2025 SOLAR MONITORING NOV 200.00 200.00 Voucher: 7414
Sub total for EFT GENERAL ACCOUNT US BANK: 374,647.75
Page: 2
17 January 6, 2026 Item 2
12/18/2025
Check List
City of Del Mar
3 12:22:19PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140513 12/19/2025 ame15 AMERICAN SOCIETY OF CIVIL1047210445 12/17/2025 MBRSHP J. BRIDE 321.00 321.00 Voucher: 140513
140514 12/19/2025 sbc03 AT&T 9391059863 12/1/2025 TELEPHONE NOV 672.37 672.37 Voucher: 140514
140515 12/19/2025 azt02 AZTEC LANDSCAPING INC, DBA AZTEC JANITORIAL J2218 12/8/2025 JANITORIAL SUPP NOV 294.80 Voucher: 140515 J2217 12/8/2025 JANITORIAL SUPP NOV 212.06 506.86 140516 12/19/2025 bab03 BABCOCK LABORATORIES, INCCL50379-10666 12/8/2025 WATER TESTING 630.00 630.00 Voucher: 140516
140517 12/19/2025 bak01 BAKER IRON WORKS INC. 98824 12/9/2025 RESCUE BOAT DEPOSIT 2,500.00 2,500.00 Voucher: 140517
140518 12/19/2025 res01 CALWEN INC, DBA RESCUE SOURCE 136950 11/26/2025 RESCUE EQUIP LFGRDS 2,413.73 Voucher: 140518 138934 12/4/2025 LIFEGUARD TOOLS 186.77 2,600.50 140519 12/19/2025 cin02 CINTAS 5307147301 12/10/2025 FIRST AID KIT SUPP PW 156.46 Voucher: 140519 5307147305 12/10/2025 FIRST AID KIT SUPP CH 125.27 281.73 140520 12/19/2025 cou03 COUNTY OF SAN DIEGO-A/REC/CLK 2025460234 11/26/2025 RECORDING FEE 2.00 2.00 Voucher: 140520
140521 12/19/2025 dav24 DAVIS FARR LLP 3878 12/8/2025 AUDIT SRVCS JUL/NOV 25,000.00 25,000.00 Voucher: 140521
140522 12/19/2025 del06 DEL MAR AUTOMOTIVE SERVICE 051397 12/8/2025 VEH MAINT PW #79 108.66 Voucher: 140522 051378 12/4/2025 VEH MAINT PW #72 87.88 196.54 140523 12/19/2025 fis12 FISHER INTEGRATED INC 2312 12/1/2025 VIDEO STREAMING NOV 1,100.00 Voucher: 140523 2300 11/3/2025 VIDEO STREAMING OCT 550.00 1,650.00 140524 12/19/2025 fri06 FRIEDMAN & SPRINGWATER LLP 1001019 12/9/2025 UG CONSULT SRVCS 3,808.00 3,808.00 Voucher: 140524
140525 12/19/2025 fur01 FURGERSON'S GARAGE 123609 12/4/2025 VEH MAINT CS 58.75 Voucher: 140525 123612 12/4/2025 VEH MAINT CS 58.75
123621 12/5/2025 VEH MAINT CS 58.75 176.25
140526 12/19/2025 haw01 HAWTHORNE MACHINERY COMPANY PS001012407 11/26/2025 CATERPILLAR REPAIR PW 76.33 76.33 Voucher: 140526
140527 12/19/2025 kul04 KULLY SUPPLY INC 693215 12/9/2025 MAINT/REPAIR SUPP PW 566.10 566.10 Voucher: 140527
140528 12/19/2025 mar55 MARIANI, JAMES 12152025 12/15/2025 CITATION REFUND 54.00 54.00 Voucher: 140528
140529 12/19/2025 mar11 MARSHALLS INDUSTRIAL HARDWARE 796312/1 12/9/2025 OPERATING SUPP PW 493.09 493.09 Voucher: 140529
Page: 3
18 January 6, 2026 Item 2
12/18/2025
Check List
City of Del Mar
4 12:22:19PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140530 12/19/2025 con17 OCCUPATIONAL HEALTH CTRS, OF CALIFORNIA, A MEDICAL 89071267 11/28/2025 EMPLOYEE TESTING NOV 206.00 Voucher: 140530 88926421 11/13/2025 EMPLOYEE TESTING NOV 101.00 307.00 140531 12/19/2025 pac05 PACIFIC PIPELINE SUPPLY S100483080-001 12/3/2025 WATER METER PARTS 1,537.28 1,537.28 Voucher: 140531
140532 12/19/2025 fir12 PAUL ROTTENBERG, DBA FIRESTATS LLC 2025-351 12/12/2025 FIRE STATS PROG NOV 125.00 125.00 Voucher: 140532
140533 12/19/2025 pre06 PRECISION CONCRETE CUTTING 25-0365 12/5/2025 RISK ASSESSMENT 5,483.50 5,483.50 Voucher: 140533
140534 12/19/2025 rec01 RECON ENVIRONMENTAL INC72312 11/21/2025 CDM SEAWALL 1,164.00 1,164.00 Voucher: 140534
140535 12/19/2025 san138 SAN DIEGO ELEVATOR & LIFTS11911 12/4/2025 ELEVATOR MAINT CH DEC 200.00 200.00 Voucher: 140535
140536 12/19/2025 sdg02 SAN DIEGO GAS & ELECTRIC0081 7377 2988 5 12/5/2025 UTILITIES NOV 12,140.13 Voucher: 140536 0066 5491 6833 1 12/5/2025 UTILITIES NOV 6,367.14 2100 0065 8024 7 12/8/2025 UTILITIES NOV 1,415.41
0067 3735 0888 1 12/4/2025 UTILITIES NOV 330.72
0092 4576 5583 8 12/12/2025 UTILITIES NOV 180.21
0012 6209 1548 9 12/2/2025 UTILITIES NOV 113.15
0085 7750 3585 7 12/4/2025 UTILITIES NOV 20.71
0066 5491 5032 1 12/3/2025 UTILITIES NOV 11.75 20,579.22 140537 12/19/2025 sig12 SIGNA DIGITAL SOLUTIONS INCAR-S339372 12/12/2025 COPIER MTC - FINANCE 396.46 396.46 Voucher: 140537
140538 12/19/2025 ter11 TERMINIX COMMERCIAL 466679835 12/5/2025 PEST CONTROL CH - DEC 159.00 Voucher: 140538 466678613 12/5/2025 PEST CONTROL CS - DEC 128.26 466679871 12/5/2025 PEST CONTROL - LIBRARY 113.26
466678653 12/5/2025 PEST CONTROL PHCC - DEC 109.18 509.70 140539 12/19/2025 ter01 TERMINIX INT CO LTD, PARTNERSHIP 466141718 11/19/2025 PEST CONTROL PW NOV 140.98 140.98 Voucher: 140539
140540 12/19/2025 the49 THE RED NOSE RUN 12152025 12/15/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140540
140541 12/19/2025 vec01 VECTOR RESOURCES INC 105822 12/16/2025 LOCK DOWN BUTTONS 3,995.23 3,995.23 Voucher: 140541
140542 12/19/2025 ver12 VERIZON Z1860861 12/8/2025 TELEPHONE NOV 2.64 2.64 Voucher: 140542
Page: 4
19 January 6, 2026 Item 2
12/18/2025
Check List
City of Del Mar
5 12:22:19PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140543 12/19/2025 via01 VIATRON SYSTEMS INC MPJ9792 12/11/2025 ANNUAL SFTWR MTC EDMS 9,471.00 9,471.00 Voucher: 140543
140544 12/19/2025 was02 WASTE MANAGEMENT OF CA, INC 0010339-4653-2 12/1/2025 MULCH PW 556.88 556.88 Voucher: 140544
140545 12/19/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83674232 12/5/2025 JANITORIAL SUPPLIES 737.11 737.11 Voucher: 140545
140546 12/19/2025 wes29 WEST COAST ARBORISTS INC1-11743 12/8/2025 ARBORIST SRVCS STRATFORD 680.00 680.00 Voucher: 140546
140547 12/19/2025 wes24 WESTFLEX INDUSTRIAL 5009622 12/5/2025 ASPHALT CUTTER PW 251.90 251.90 Voucher: 140547
Sub total for GENERAL ACCOUNT US BANK: 86,472.67
Page: 5
20 January 6, 2026 Item 2
12/18/2025
Check List
City of Del Mar
6 12:22:19PM
apChkLst Final Page:
54 checks in this report. Grand Total All Checks: 461,120.42 Page: 6
21 January 6, 2026 Item 2
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Kseniia Izgarskaia, Senior Management Analyst
Marco Camacho, Finance Manager/Treasurer
Via Ashley Jones, City Manager
DATE: January 6, 2026
SUBJECT: Agreement with Hinderliter, de Llamas & Associates for Sales, Use, and District Tax Information, Audit, and Consulting Services
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Approve an Agreement for Sales, Use, and District Tax Information, Audit, and Consulting Services with Hinderliter, de Llamas & Associates (HdL) (Attachment A); and 2) Authorize the City Manager to execute the Agreement and any subsequent amendments provided for under the Agreement contingent upon satisfactory performance by the consultant.

BACKGROUND:

The City has historically contracted with an outside consulting firm to provide sales, use, and district tax information, audit, and consulting services related to the collection of BradleyBurns sales tax revenue and Measure Q district transactions and use tax revenue. Since 2021, the City has contracted with HdL for these services. HdL’s current contract is set to expire on January 11, 2026.

DISCUSSION/ANALYSIS:

On October 20, 2025, the City issued a Request for Qualifications (RFQ 2025-07) soliciting proposals from qualified firms to provide sales, use and district tax information, audit and consulting services for an initial three-year period with an option to extend the agreement for an additional two-year period. The sole firm that submitted a proposal was HdL.

HdL’s proposal was evaluated by staff based on their experience, qualifications, customer service, and the audit and sales tax management strategy they demonstrated through years of satisfactory performance under their expiring agreement. Proposed costs and fees were also evaluated to ensure they were in line with current market rates for the services to be provided.

HdL is a proven industry leader in local tax management programs with technology-driven resources, expertise, and responsive customer service. They maintain the largest privately held sales, property, and business tax databases in California and are recognized pioneers in the field of local tax discovery, compliance, and administration services. 1 January 6, 2026 Item 4
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Agreement with Hinderliter, de Llamas & Associates for Sales, Use, and District Tax Information, Audit, and Consulting Services
January 6, 2026

Based on HdL’s performance with Del Mar and their new proposal, staff recommends that the City Council approve the Agreement (Attachment A) with HdL for an initial period beginning on January 12, 2026, and ending on January 12, 2029, with the option to extend the agreement upon satisfactory service for an additional two-year period.

FISCAL IMPACT:

There is no fiscal action to be taken for this agenda item. The ongoing cost for sales tax consulting services, including access to HdL’s web-based database, is $7,600 annually.

Funds for these services are included in the adopted Fiscal Year 2025-2026 and 2026-2027 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.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

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

ATTACHMENTS:

Attachment A – Agreement with HdL for Sales, Use, and District Tax Information, Audit, and Consulting Services
2 January 6, 2026 Item 4

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF DEL MAR AND HINDERLITER, DE LLAMAS & ASSOCIATES (HDL COMPANIES)

FOR SALES, USE AND DISTRICT TAX INFORMATION, AUDIT AND CONSULTING SERVICES This Professional Services Agreement (“Agreement”) is made and entered into this 12th day of January 2026, by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Hinderliter, De Llamas & Associates (Hdl Companies) (“Consultant”) (collectively “Parties”).

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

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

1. CONSULTING SERVICES.

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

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

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

2. DURATION OF AGREEMENT.

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

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

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

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

4. COMPENSATION.

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

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

5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, 4 January 6, 2026 Item 4
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Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.

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

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

7. AUDIT OF RECORDS.

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

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

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

9. CONFLICTS OF INTEREST.

9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City. 5 January 6, 2026 Item 4
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9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.

9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18704 of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Consultant’s relevant financial interests.

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

11. INSURANCE

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

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

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

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

11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing 6 January 6, 2026 Item 4
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coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).

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

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

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

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

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

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

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

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

12. DEFENSE AND INDEMNIFICATION.

12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or 7 January 6, 2026 Item 4
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relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.

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

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

13. SUBCONTRACTORS.

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

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

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

14. NON-DISCRIMINATION. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, 8 January 6, 2026 Item 4
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but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.

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

If to City: If to Consultant:

City of Del Mar HdL Companies
City Clerk President/CEO
1050 Camino del Mar 120 S. State College Blvd., Ste 200 Del Mar, CA 92014 Brea, CA 92821
[email protected] [email protected]
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

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

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

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

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

To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior 9 January 6, 2026 Item 4
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to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.

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

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

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

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

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

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

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

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

27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, 10 January 6, 2026 Item 4
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and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.

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

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

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

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

HDL COMPANIES,
a California corporation
By: __________________________________
Andrew Nickerson, President/CEO

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

SCOPE OF SERVICES
Consultant shall provide services to the City as described in the Consultant’s proposal and shall include, but are not limited to, below:

1. Objective, Methodology and Reporting
a. Monitor and analyze the quarterly distribution reports for sales, use and district tax with a focus on ensuring all identified errors are corrected for prior and future quarters.
b. Identify opportunities for the City to recover the local allocation on purchase transactions subject to tax and facilitate the recovery of such funds. c. Assist the City with strategies to preserve and enhance sales, use and district tax generated by existing business with the City. This may include developing a specialized strategy specific to sales tax collection at the 22nd Agricultural District (Del Mar Fairgrounds).
d. Provide written sales tax reports on a quarterly basis to the City, following the receipt of the quarterly distribution report. The report should include:
i. Provide quarterly sales tax data that including the following fields: Sales tax data for most recent 40 quarters, business name, permit ID, segment (ex.

Restaurant, sales, etc.) field to indicate in more detail the type of store (ex: fast food restaurant, hotel food sales, etc.), business address, open/close business dates.
ii. Provide analysis of top businesses by category (sorted by gross sales and by top changes quarter year-to-date vs. prior year-to-date). Analysis should include reasons for top changes.
iii. Del Mar’s sales tax receipts compared to other cities within the County quarterly and fiscal year to date.
iv. Del Mar’s sales tax receipts compared to Consumer Price Indices (CPI) v. County of San Diego sales tax receipts compared to other counties/regions within the State quarterly and fiscal year to date.
vi. Top 25 sales tax generators ranked by the amount produced with change over prior year’s same quarter.
vii. Top 25 largest declines in the quarter with change over prior year’s same quarter.
viii. Sales Tax Leakage report by industry category
ix. Historical sales tax by business category and geographic areas within the City. x. Other reports mutually agreed upon.
e. Provide updates on legislative actions or bills that can impact or materially alter sales and use tax revenue to the City.

2. Forecasting
a. Analysis of sales trends by business category including variance by business of the major increases and decreases each quarter.
b. Provide multi-fiscal year sales tax forecast (at least 5 years), incorporating growth assumptions regarding future development within the City. The forecast should include conservative, most likely, and optimistic scenarios. c. Other reports mutually agreed upon.
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3. Sales, Use, and District Tax Information Services
a. Provide an electronic database of the City’s sales and use tax data to the City, including but not limited to:
i. Sales tax producers in the City, including business name, address, CDTFA #, current and historical sales tax allocations.
ii. Quarterly updates.
iii. Ability to create and maintain subsets of information by geographic area/features (i.e. Del Mar Village, Del Mar Fairgrounds)
iv. Ability to define, print and export data to spreadsheets. 13 January 6, 2026 Item 4
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EXHIBIT “B”

FEE SCHEDULE

1. Sales and Use Tax Audit Services
HdL proposes a fee of 15% of all new sales and use tax revenue received by the City as a result of audit and recovery work performed by the firm. This audit fee applies to monies received in the first eight consecutive reporting quarters beginning with the receipt of the audit revenue in addition to any retroactive back quarter adjustments obtained by HdL.

Audit fees are billed only after completion of the audit, submittal of corrections to the CDTFA and receipt of revenues by the client. 100% of all new revenue generated by HdL flows to the City after the completion of the eight quarters. The fee constitutes the full reimbursement to HdL and covers all direct and indirect costs incurred by the firm under this contract. This includes all salaries of our employees, travel expenses and service contracting costs as well as the software to be delivered to the City under this proposal.

Invoices are submitted only for recoveries previously approved by the City. HdL does not bill for audit revenues until the client has received said monies. Further, if during the billing cycle, a taxpayer receives a refund for overpayment of taxes generated during that cycle, HdL credits back any proportionate share of the fee that may have been levied.

Invoices are submitted quarterly after the City has received the revenue from the audit correction. The invoice includes the name, address, and sales tax registration number of each company, and the specific amount of revenue allocated by the CDTFA to the City for those businesses. If a misallocation correction involves additional revenue from a company that had already been partially allocating revenues to the City, the City and HdL will agree in a Work Authorization, prior to billing, the methodology for identifying the incremental revenue attributable to HdL’s work.

2. Sales and Use Tax Management Services
This includes access to the City’s sales tax database through HdL’s web-based software and quarterly meetings with one of HdL’s principals. In preparation for each meeting, a principal of the firm analyzes the City’s data in detail and meets with appropriate. City officials to review trends, point out businesses that should be contacted as part of the City’s business retention program and discuss and make recommendations regarding the economic and budget implications of the quarter’s data. Also included is a non-confidential newsletter that can be shared with the City’s council and the public. The price for this option is $6,000 annually, billed quarterly.

3. District Tax Audit and Management Services
HdL can monitor and report on the City’s Transactions and Use Tax Measure Q. The fee for this service is $1,600* annually per measure and a 25% contingency fee against retroactive adjustments only (no prospective billing). Audit fees are billed only after the completion of the audit, submittal of corrections to the CDTFA and receipt of revenue by the City. *The monthly fee will increase annually by the percentage increase in the San Diego Area Consumer Price Index (CPI) for the preceding twelve-month period or 3%, whichever is lower. 14 January 6, 2026 Item 4
Professional Services Agreement
For Sales, Use and District Tax Information, Audit and Consulting Services

4. Hourly Rates
Additional services beyond the scope of services above are priced separately depending on the complexity of the tasks involved. Such fees can either be fixed or time and materials, at the hourly rates below:

Position Hourly Rate
Principal $325
Programmer $295
Senior Analyst $245
Analyst $195
The hourly rates may increase annually by the percentage increase in the San Diego Area Consumer Price Index (CPI) for the preceding twelve-month period or 3%, whichever is lower.

5. Special Projects
For Special Projects such as developing a specialized strategy for the sales tax collection for the 22nd Agricultural District or others, HdL will work with the City to finalize the project parameters. Pricing can then be provided for the entire project or can be billed hourly at the rates above.
15 January 6, 2026 Item 4
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: January 6, 2026
SUBJECT: Adoption of an Ordinance to Repeal and Replace Chapter 11.40 of the Del Mar Municipal Code to Prohibit 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 REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt 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).

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 facilities and City-sponsored events as a Fiscal Year 2025 Tier 3 City Work Plan item.
1 January 6, 2026 Item 5
City Council Agenda Report
Adoption of an Ordinance Related to Single-Use Disposable Food Service Ware January 6, 2026

DISCUSSION/ANALYSIS:

In collaboration with 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 direction from the City Council and recommendations from SAC, 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;
• 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; • Prohibit the sale of expanded polystyrene coolers and ice chests or other food containers; and
• Prohibit the use of single-use plastic beverage bottles at City facilities and Citysponsored 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.

Summary of Council Direction - December 15, 2025, First Reading The proposed ordinance was introduced to the City Council on December 15, 2025. The Council emphasized the importance of outreach and education leading up to and throughout implementation of the new regulations. Staff will work with EDCO and SAC to develop an outreach program, which will include sharing of information on the City’s standard communications channels, updating the Go Green Del Mar website, and individualized business support in partnership with EDCO. Staff will also meet with representatives of the Del Mar Farmers Market to review the new requirements and offer resources to assist with the transition to the use of compliant materials.

Implementation Schedule
The new regulations would take effect 30 days after adoption, which falls on February 6, 2026. Consistent with the implementation of past plastic reduction ordinances, the new regulations include 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. 2 January 6, 2026 Item 5
City Council Agenda Report
Adoption of an Ordinance Related to Single-Use Disposable Food Service Ware January 6, 2026

Staff recommends the City Council adopt the proposed ordinance (Attachment A) 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.

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:

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 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 3 January 6, 2026 Item 5
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:
4 January 6, 2026 Item 5
Ordinance No. XXXX

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.
5 January 6, 2026 Item 5
Ordinance No. XXXX

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a regular meeting held on the 6th day of January 2026. ____________________________
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 6th day of January 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
6 January 6, 2026 Item 5
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. 7 January 6, 2026 Item 5
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.

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." Polystyrene cooler means any ice chest or similar device made of polystyrene foam, where such foam is not fully encased in another material.

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. 8 January 6, 2026 Item 5
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 9 January 6, 2026 Item 5
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.
10 January 6, 2026 Item 5
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Elizabeth Yee, Associate Planner
Matt Bator, AICP, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: January 6, 2026
SUBJECT: De Novo Hearing of an Appeal of the Planning Commission’s Denial of a Variance (V24-003) Request for Reductions to Front and Rear Yard (Setbacks) Requirements for a Non-Conforming Lot
Applicant/Appellant: Reid and Beth Westburg

Location: Vacant Lot Adjacent to and East of 1439 Oribia Road (APN: 299- 200-74-00)

REQUESTED ACTION/ RECOMMENDATION
Staff recommends that the City Council conduct a de novo public hearing and adopt the attached Resolution (Attachment A) granting a Variance to reduce front and rear setbacks (V24-003) required for the subject property.

BACKGROUND
Site Description
The project site (Attachment B) is located on a vacant property, adjacent to and east of 1439 Oribia Road, which is also owned by the Applicant and is immediately west of the Crest Canyon Open Space Park located in the City of San Diego. The 13,070 square-foot project site is approximately 50 feet deep and 261 feet wide, is located directly behind (east) 1439 and 1441 Oribia Road, and has access from San Dieguito Road via a 20-foot-wide private access and utility easement over the northern portion of 1439 Oribia Road.

The project site is a legal parcel as confirmed in 2009 by recorded Certificate of Compliance COC-07-02 (Attachment C). A Certificate of Compliance (COC) is a recorded legal document issued by a city or county that confirms and certifies that lot complies with the provisions of the California Subdivision Map Act or the local subdivision laws in effect at the time of its creation. A lot does not need to conform with current development regulations (size, width, depth, etc.) to be deemed “legal” and therefore, developable. Many vacant nonconforming lots in Del Mar have been subject to submitting for COC review and issuance before filing for development entitlement approvals. 1 January 6, 2026 Item 6
City Council Agenda Report
De Novo Hearing/Appeal of V24-003
January 6, 2026

The project site is located in the Very Low Density Residential (R1-40) Zone; the Bluff, Slope, and Canyon (BSC) Overlay Zone; the Very High Fire Hazard Severity Zone; and Wildland Urban Interface Area. The lot is currently vacant except for perimeter fencing.

The lot is substandard in:
• Lot size at 13,070 square feet in a zone that requires 40,000 square feet; • Lot depth, with a 50-foot lot depth, where 100 feet is required; • Lot frontage - does not have the 20 feet street frontage required for an R1-40 lot.

Because the parcel is only 50-feet-deep by 261-feet-long, under the R1-40 setback requirements the residential development envelope would result in a house that could be only be 5-feet-deep without the granting of a Variance. In accordance with the California Building Code, the smallest interior room dimension allowed is 7-feet. Therefore, no habitable dwelling unit can be approved and constructed on the subject lot without a Variance from the yard/setback dimensions required for the R1-40 Zone.

Future development of the property will be subject to the development standards set forth by the R1-40 Zone; the Bluff, Slope and Canyon Overlay Zone; and, the Fire and Building Code requirements that regulate development in the Very High Fire Hazard Severity Zone and Wildland Urban Interface Area.

Surrounding uses are single family-dwelling units and the Crest Canyon Open Space Park.

There are two other vacant parcels north of this project site that have similar size and shape characteristics.

Variance Request
The Applicant is requesting relief from Del Mar Municipal Code (DMMC) Sections

30.10.070.C.a and 30.10.070.C.b (Very Low-Density Residential Development Standards) to reduce the required front and rear yard setbacks to accommodate future development of a residence on a substandard sized lot.

The Applicant/Appellant is requesting a Variance to allow a 10-foot front yard (setback) and 10 rear yard (setback) for a new residential dwelling unit; and is also requesting a 10-foot front yard (setback) and a 5-foot rear yard (setback) for a new detached garage, which would allow for adequate vehicular circulation and turn-around. The following chart shows the Variance relief request, and the Municipal Code required yards (setbacks), which are also depicted in Attachment D.

R1-40 Zone Code Requires Variance Request
Front Yard 20’ 10’ (House only)
Rear Yard 25’ 10’ (House only)
5’ (Garage only)
The Variance request was made to accommodate the development proposed by the Applicant’s Citizens’ Participation Program (CPP), which would consist of a 2,455 square-foot 2 January 6, 2026 Item 6
City Council Agenda Report
De Novo Hearing/Appeal of V24-003
January 6, 2026

residential unit that includes a 496 square-foot Junior Accessory Dwelling Unit and a detached 495 square-foot garage.

This Variance application does not include any requests for physical development of the project site. If the Variance request is granted, any future proposed residential development of the single-unit home and detached garage would require review by the Design Review Board (DRB). The DRB would review the proposed residential dwelling unit and accessory uses under the R1-40, BSC, and Fire Hazard Zone development standards, City-wide Design Guidelines, and for environmental issues and potential hazards.

Planning Commission Review/Decision
On November 4, 2025, the Planning Commission (PC) conducted a public hearing to review and consider the Applicant’s request for a Variance that would allow for the reduction to the R1-40 Zone front and rear setbacks to allow for a future development of a residential unit at the vacant lot adjacent to and east of 1439 Oribia Road.

After receiving presentations from staff and the Applicant’s representative, members of the public testified to the high wildland fire risk associated with the Crest Canyon area and the limited evacuation route options that are currently available to nearby residents. Some members of the public felt that the subject Variance would exacerbate the limited evacuation conditions given the parcel’s proximity to Crest Canyon Open Space Park.

Public testimony also concerned the infringement on neighbor privacy from any future development of the subject parcel.

The Planning Commission discussed the concerns related to property access, adequate public infrastructure, public safety, privacy issues and uncertainty of the environmental impacts a future residential unit could bring and that by approving the Variance it would set a precedent for the remaining undeveloped parcels along Crest Canyon Open Space Park.

The Planning Commission voted to deny Variance application V24-003 (4-0-1, with Commissioner Leonard opposed). In denying the application, the Planning Commission found that the Applicant would not be deprived of privileges enjoyed by other similarly situated land-locked properties in the vicinity, that the Variance would authorize a use or activity that would decrease public safety, and that granting the Variance could intensify the use of the site that could be avoided by an alternative development plan. A resolution documenting the Planning Commission’s determination has been included as Attachment E.

DISCUSSION/ANALYSIS
Appeal of Planning Commission Decision
On November 18, 2025, legal counsel for the Applicant filed an appeal of the Planning Commission decision to deny V24-003 (Attachment F). In the appeal document, the Appellant’s counsel contends that the PC’s denial of application V24-003 contains “findings not supported” and should be heard as a de novo (“new”) hearing by the City Council. 3 January 6, 2026 Item 6
City Council Agenda Report
De Novo Hearing/Appeal of V24-003
January 6, 2026

In accordance with DMMC Section 1.12.070, “an appeal on an application for a variance from the requirements of a zoning ordinance…, a proposed revocation or modification of a variance…, shall be exempt from the Initial Consideration process in Section 1.12.040.

Such actions shall be heard by the City Council as a public hearing.” Therefore, pursuant to the above-cited section, no Initial Consideration was scheduled for this appeal and the City Council is required make a determination on the application. The prior determination of the Planning Commission shall be deemed advisory only.

Pursuant to DMMC Chapter 1.12 (Appeals), an interested person may file an appeal with the City Clerk within ten working days following the determination for which a review is sought. DMMC 1.12.020(B) identifies the following Grounds for Appeal:

1. Factual Error. The statements or evidence relied upon by the decision maker when approving, conditionally approving or denying a permit, map, or other matter were inaccurate.

2. New Information. New information is available to the applicant or the interested person that was not available through reasonable efforts or due diligence at the time of the decision.

3. Findings Not Supported. The decision maker's stated findings to approve, conditionally approve, or deny the permit, map or other matter are not supported by the information provided to the decision maker.

4. Conflicts. The decision to approve, conditionally approve, or deny the permit is in conflict with a land use plan, a City policy, or the Municipal Code.

Below are the Appellant’s “grounds” for appeal:

1. Appellant: The Planning Commission’s Determination includes Factual Errors The Appellant states in the appeal request that the Planning Commission claim that the Variance would increase fire risk and create a public safety hazard for the neighborhood and Crest Canyon Park is unfounded as no physical change to the land is proposed under this application. The Appellant further states that the existing Very High Fire Hazard Severity Zone does not prohibit development, as over three quarters of the City falls under that fire hazard designation.

The Appellant also states the following in the appeal:
• The Planning Commissioned erred in finding that the Variance would impact neighborhood character by increasing density and impeding view, as the Variance does not include any physical development at this time and future development would be subject to design review.
4 January 6, 2026 Item 6
City Council Agenda Report
De Novo Hearing/Appeal of V24-003
January 6, 2026

• The Planning Commission erred in finding that granting a Variance would set a precedent for other lots located behind the homes east of Oribia Road because any Variance requests for similar lots would be considered relative to the unique circumstances of each individual lot.
• In denying the application, the Planning Commission implied that current R1-40 setbacks when applied on the site would allow for a reasonable and productive use of the subject property. The Appellant further states that is not possible because the lot’s residential zoning only allows for development of a single-family dwelling and accessory uses. The minimum interior width of a residential room is limited to 7 feet by the California Building Code, which cannot be achieved in the current buildable envelope when applying the setbacks of a R1-40 zone. Additionally, the DMMC allows for a minimum floor area of 2,000 square feet for the subject lot, which also could not be achieved with the required setbacks.

The Appellant also acknowledged that future development will be subject to the design review process, which would address the impacts from the views, neighborhood character and fire risk at that time.

2. Appellant: The Planning Commission’s Determination is Not Supported by Information Provided to the Decision Maker
The Appellant states that the lot’s location in the Very High Fire Hazard Severity Zone is an insufficient reason to deny the Variance request since because the zoning for the subject parcel does not prohibit the development of new residences and the Variance itself would not result in a physical change to the property. The Appellant contends that a residential structure that is located within the Very High Fire Hazard Severity Zone only requires Fire Department review and approval of a Fire Protection Plan (Attachment G), which has already occurred. The Appellant’s CPP conceptual development design was reviewed and conditionally approved by the City’s Fire Marshal for compliance with applicable fire protection standards and any future approved development will be reviewed for compliance with the Fire Protection Plan and all applicable building and fire codes in effect at the time.

For this section of the Appeal, the Appellant reiterates statements from the previous grounds for appeal (Factual Error), asserting that the Planning Commission was provided information from staff that is contrary to deliberative statements made by Commissioners that granting of the Variance would: impact the character of the neighborhood; potentially create environmental impacts; set a precedent for similar non-conforming lots in the neighborhood; and that the Appellant could still make reasonable, economically productive use of the lot with the required R1-40 Zone setbacks.
5 January 6, 2026 Item 6
City Council Agenda Report
De Novo Hearing/Appeal of V24-003
January 6, 2026

3. Appellant: The Planning Commission’s Determination Conflict’s with the Del Mar Municipal Code
The Appellant asserts that the Planning Commission’s determination to deny the Variance application conflicts with Municipal Code Section 30.78.030 and that no evidence was provided at the hearing to contradict staff’s proposed findings. The Appellant further indicates that the Planning Commission misapplied sections of the Community Plan to support denial of the Variance.

Staff Response to Appeal
Staff concurs with the Appellant’s grounds for appeal. The subject lot is approximately 261- feet-long by 50-feet-deep, and has legal access rights over 1439 Oribia Road, providing direct access to San Dieguito Drive. Without a certain degree of variance/relief from the R1-40 Zone yard and setback requirements, the lot is not capable of supporting 2,000 square-feet of bulk floor area as allowed by the R1-40 Zone development standards, nor could it accommodate a residential dwelling that complies with the minimum room width standards of the California Building Code. Utilizing the lot for allowed “accessory use” such as a pool, a sports/tennis court, detached garage or shed are not allowed without the development of a primary “allowed use,” which is a single dwelling unit. Therefore, construction of a residential building for independent habitation is the only reasonable, economically productive use of the lot available to the Appellant.

Given the lot’s location, the Applicant/Appellant was required to prepare a Fire Protection Plan (FPP) (Attachment G). The FPP has been reviewed and conditionally approved by the City’s Fire Marshal and provides required design measures for the future construction of residential development on the site. This is the requirement for building within the Very High Fire Hazard Severity Zone, but it is important to note that the High Fire Hazard Severity zone does not expressly prohibit all development.

If approved, the granting of this Variance would only establish the buildable area. In contrast, it does not entitle the residential development itself, that future action would still be subject to the Design Review Board (DRB) consideration and decision. At that time, issues of concern such as private and public view blockage, neighborhood compatibility, and other potential impacts would be considered by the DRB for potential inconsistency with the Design Review Ordinance (DMMC Chapter 23.08).

Additional Analysis
Del Mar Municipal Code Section 30.78.030 (A - D) stipulates that a Variance application must comply with the following four standards, discussed below. At the Planning Commission’s November 4, 2025, public hearing staff recommended that the required Variance standards could be met and that the Variance application should be approved.

Those required standards and proposed findings are cited below as objective justification for reasonable use and future development of the Appellant’s legally created lot. 6 January 6, 2026 Item 6
City Council Agenda Report
De Novo Hearing/Appeal of V24-003
January 6, 2026

A. A Variance from the terms of the Zoning Ordinance shall be granted only when, because of the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

Proposed Finding: The lot is constrained by special circumstances related to its size, shape, and location. Given the rectangularly shaped lot’s orientation to San Dieguito Drive, it has a “depth” of 50 feet where 100 feet is required. When the required 20-foot front yard (setback) and 25-foot rear yard (setback) are applied, the resulting “buildable” area is only 5 feet in depth. The Applicant/Appellant is requesting a Variance to allow a 10-foot front yard (setback) and 10-foot rear yard (setback) for a new residential dwelling unit; and is also requesting a 10- foot front yard (setback) and a 5-foot rear yard (setback) for a new detached garage. The requested Variance would allow for a buildable area depth of 30 feet for the dwelling and 35 feet for the detached garage (to accommodate on site ingress/egress), setback distances that are less than typically applied on conforming lots, but would allow for a one-story architectural design with adequate internal circulation.

B. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

Proposed Finding: The Variance would not grant special privileges due to the property’s shape, topography, and location. Future development, similar to neighboring properties, could not be achieved without the reduction of the front and rear setbacks.

C. A variance will not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits.

Proposed Finding: The proposed use, development of a single-unit home with associated structures and improvements, is allowed in the R1-40 Zone.

D. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification:

1. Could be avoided by an alternate development plan;
Proposed Finding: The project request could not be avoided by an alternate development plan and the site could not be developed with a single-unit home, in that the current buildable envelope consistent with R1-40 setbacks would result in a buildable envelope of five-feet-deep by 241-feet-wide space, which would not allow for a development that would meet minimum California Building Code requirements.
7 January 6, 2026 Item 6
City Council Agenda Report
De Novo Hearing/Appeal of V24-003
January 6, 2026

2. Is self-induced as a result of an action taken by the property owner or the owner's predecessor;
Proposed Finding: The need for a variance is not self-induced as the subject property is a legal lot with substandard size/shape and was granted a Certificate of Compliance. The limitations have caused the need for a variance from established setback requirements. These unique conditions were not created by the Applicant.

3. Would allow such a degree of variation as to constitute a rezoning or other amendment to the zoning code; or
Proposed Finding: The request would not allow variation as to constitute a rezone or amendment to which other property owners are not entitled since a dwelling unit and detached garage are allowed uses in the R1-40 zone.

4. Would authorize or legalize the maintenance of any private or public nuisance.

Proposed Finding: The request would not result in the authorization or legalization of a private or public nuisance since a dwelling unit and detached garage are allowed uses in the R1-40 zone. Further, the Applicant/Appellant has obtained conditional approval of a Fire Protection Plan that identifies design measures/improvements will substantiate compliance with Very High Fire Hazard Severity Zone and building/fire code requirements.

Conclusion And Alternative Consideration
Staff recommends that the Council consider approval of a Variance that would allow relief from the current front and rear setback requirements of the subject property. This relief would allow for a reasonable use of the property and design considerations, including placement of structures, etc., would be addressed by the DRB.

Should the City Council not agree with the requested Variance, the Council could alternatively continue the item and direct the Appellant to return with modifications to the Variance request that results in a reduction of the front and rear setbacks to accommodate an alternative development design that requires less relief from the established regulations.

FISCAL IMPACT
There is no fiscal impact or action to be taken by the City Council related to this agenda item, as this is a private development application. The Appellant has paid all fees associated with the appeal.

HOUSING IMPACT:

The Applicant is requesting a Variance from existing yard requirements (setbacks) that would make it more feasible to develop an additional single-unit dwelling on a substandard-sized vacant lot the “Very Low Density Residential (R1-40) Zone. Therefore, approval of the 8 January 6, 2026 Item 6
City Council Agenda Report
De Novo Hearing/Appeal of V24-003
January 6, 2026

requested discretionary development application would potentially facilitate the construction of a residential unit, therefore increasing City of Del Mar’s housing supply or housing affordability.

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15305 (a) (Class 5 – Minor Alterations in Land Use Limitations). This is appropriate for the proposed project because it involves requests for a Variance from the yard/setback requirements would not result in a change to the overall parcel or create a new parcel. It is further determined that none of the six exceptions to the use of a Categorical Exemption apply to this project (CEQA Guidelines Section 15300.2).

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.

ATTACHMENTS:

Attachment A – Draft City Council Resolution
Attachment B – Property Location Map
Attachment C – Certificate of Compliance COC-07-02
Attachment D – Setback Request Exhibit and Site Plan
Attachment E – Planning Commission Denial Resolution
Attachment F – Appeal Letter
Attachment G – Fire Protection Plan
9 January 6, 2026 Item 6
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, APPROVING VARIANCE APPLICATION V24-
003, A REQUEST FOR RELIEF FROM DEL MAR MUNICIPAL
CODE SECTIONS 30.10.070.C.1.(a) AND 30.10.070.C.1.(b) TO

REDUCE THE REQUIRED FRONT AND REAR YARD

SETBACKS OF THE SUBSTANDARD SIZED LOT FOR

DEVELOPMENT OF A RESIDENTIAL DWELLING UNIT AND

DETACHED GARAGE ON A VACANT LOT LOCATED ADJACENT
TO 1439 ORIBIA ROAD (APN: 299-200-74-00), DEL MAR,

CALIFORNIA
WHEREAS, Reid and Beth Westburg (Applicant) have filed an application for a Variance (V24-003) from DMMC Sections 30.10.070.C.1.a and 30.10.070.C.1.b to reduce the required front and rear yards (setbacks) of the substandard-sized lot for future development of a residential dwelling unit and detached garage on a vacant lot located adjacent to 1439 Oribia Road, Del Mar, California (APN: 299-200-74-00); and WHEREAS, the subject lot is a legal parcel as confirmed by Certificate of Compliance COC-07-02, and
WHEREAS, the Project is listed among the classes of projects determined to have less than significant adverse effect on the environment and therefore is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305(a) – Minor Alterations in Land Use Limitations, in that the requested variance of front and rear yard setbacks would not result in the creation of a new parcel; and WHEREAS, on November 4, 2025, the Planning Commission of the City of Del Mar held a public hearing on the Variance application (V24-003) at which time all persons desiring to be heard were heard; and
WHEREAS, the Planning Commission discussed and considered the following:

1. The Project site’s proximity to Crest Canyon Open Space Park and how the proposed development could adversely affect the integrity of the Crest Canyon Open Space resources; and

2. The project’s location and use, response access, circulation constraints, and potential fire hazards to surrounding properties due to the Very High Fire Zone the project site is located in; and

3. That Oribia Road and San Dieguito Drive are currently unable to support the current neighborhood densities and by adding additional density to this community would further constrain the ability for residences to evacuate during a wildland fire event; and

ATTACHMENT A
10 January 6, 2026 Item 6
Resolution 2026-XX

4. That existing leach lines on a neighboring property for their on-site septic system may conflict with environmental health standards and that documentation demonstrating system compliance was not provided during or before the hearing; and

5. That the approval of the proposed project could result in the Applicant possibly receiving unique and special benefits not currently afforded to other similarly situated parcels in the neighborhood because the historical records indicate that the similarly situated parcels are land locked; and
WHEREAS, the Planning Commission voted to deny Variance application V24-003 (4-0-1, Commissioner Leonard opposed) request for the setback reductions on a concern for public health and safety; and
WHEREAS, the Applicant requested an appeal to the Planning Commissions denial to be heard at a De Novo public hearing; and
WHEREAS, on January 6, 2026, the City Council of the City of Del Mar held a duly noticed public hearing to review the referenced entitlements, and at which time all persons desiring to be heard were heard; and
WHEREAS, oral and written evidence was submitted and considered to include without limitation:
a. Drawings developed by the Applicant;
b. Written information submitted with the application;
c. Agenda Report, dated January 6, 2026, incorporated by reference as though fully set forth herein; and
d. Additional information submitted and testimony provided during the hearing.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that with regard to Variance application V24-003, the City Council makes the following findings:

A. The lot is constrained by special circumstances related to its size, shape, and location. Given the rectangularly shaped lot’s orientation to San Dieguito Drive, it has a “depth” of 50 feet where 100 feet is required. When the required 20-foot front yard (setback) and 25-foot rear yard (setback) are applied, the resulting “buildable” area is only 5 feet in depth. The Applicant/Appellant is requesting a Variance to allow a 10-foot front yard (setback) and 10 rear yard (setback) for a new residential dwelling unit; and is also requesting a 10-foot front yard (setback) and a 5-foot rear yard (setback) for a new detached garage. The requested Variance would allow for a buildable area depth of 30 feet for the dwelling and 35 feet for the detached garage (to accommodate on site ingress/egress), distances that are less than typically applied on conforming lots, but would allow for a onestory architectural design with adequate internal circulation. 11 January 6, 2026 Item 6
Resolution 2026-XX

B. The Variance would not grant special privileges due to the property’s shape, topography, and location. Future development, similar to neighboring properties, could not be achieved without the reduction of the front and rear setbacks.

C. The proposed use, development of a single-unit home with associated structures and improvements, is allowed in the R1-40 Zone.

D. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification:

1. The project request could not be avoided by an alternate development plan and the site could not be developed with a single-unit home, in that the current buildable envelope consistent with R1-40 setbacks would result in a buildable envelope of five-foot-deep by 240-foot-wide space.

2. The need for a variance is not self-induced as the subject property is a legal lot with substandard sizing and was granted a Certificate of Compliance. The limitations which cause the need for the variance are the lot size, shape, location and topography, none of which were created by the Applicant. The subject site has legal access from San Dieguito Drive through a 107-foot long by 20-foot-wide access/utility easement over the northern portion of 1439 Oribia Road, also owned by the Applicant.

3. The request would not allow variation as to constitute a rezone or amendment to which other property owners are not entitled since a dwelling unit and detached garage are allowed uses in the R1-40 zone.

4. The request would not result in the authorization or legalization of a private or public nuisance since a dwelling unit and detached garage are allowed uses in the R1-40 zone. Further, the Applicant/Appellant has obtained conditional approval of a Fire Protection Plan that identifies design measures/improvements that will substantiate compliance with Very High Fire Hazard Severity Zone and building/fire code requirements.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Del Mar that V24-003 is approved, subject to the following conditions:
[Note: The conditions listed below may have intentional gaps in numbering or lettering.] General Conditions:

G-3 [Development Authorization Limited to Plan Set]
This Variance (V24-003) is granted based on a submitted plans date stamped October 29, 2025, depicting a 10-foot front yard setback and 10-foot rear yard setback for a single-unit residence, and a 10-foot front yard setback and 5-foot rear yard setback for a detached 12 January 6, 2026 Item 6
Resolution 2026-XX

garage structure. Any proposed revision to these plans and/or any proposals for modification shall require review and authorization from the appropriate entities of the City of Del Mar.

G-7 [Code Compliance]
Approval of this application shall not waive the requirement for compliance with the provisions of the DMMC or other applicable City regulations in effect at the time of Building Permit issuance, unless specifically waived in this permit authorization. Prior to Building Permit issuance, the applicants shall demonstrate compliance with Special Condition SC-1.

G-13 [Permit Expiration]
This Permit Variance (V24-003) shall expire three years from the date of approval, on January 6, 2029, unless a Building Permit has been issued and substantial construction has been accomplished in reliance upon the permit. Pursuant to the DMMC, substantial construction is defined as: completion of a minimum of 10% of the total amount of construction authorized by the permit, based on the monetary value of construction costs including grading, site preparation and construction but specifically excluding all costs associated with the acquisition of interest in the project site and all costs associated with the preparation and processing of permits or plans.

Special Conditions:

SC-1 [Separate Design Review Permit Required]
In accordance with the DMMC, any new development shall be subject to separate receipt of a valid Design Review Board Permit. Implementation of the Variance granted herein shall be subject to compliance with all terms and conditions of said Design Review Permit. All other requirements for the Community Plan, Zone and applicable Overlays apply.

SC-2 [Setbacks for the Project Site]
In accordance with the request made with the application for Variances from Del Mar Municipal Code (DMMC) Sections 30.10.070.C.1.a and 30.10.070.C.1.b to reduce the required front and rear yards (setbacks) to accommodate for the future development of a residential unit, all future development must adhere to new yards/setbacks, including that all architectural features and parts of the structure shall not encroach into the new setbacks of 10 feet in front for all structures, 10 feet at the rear for the dwelling unit, and five feet at the rear for the garage.

SC-3 [Fire Protection Plan (FPP)Compliance, Monitoring and Reporting] All development shall comply with the Fire Protection Plan (Revised October 14, 2025) and stamped conditionally approved October 28, 2025. The Applicant shall provide proof of compliance with “Required Brush Clearing Maintenance Standards…” in FPP Section 5.3 to the City of Del Mar Fire Marshal on a biennial basis. 13 January 6, 2026 Item 6
Resolution 2026-XX

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, State of California, at a Regular Meeting held on the 6 th day of January 2026.
____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:

Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2026-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 6
th day of January 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
14 January 6, 2026 Item 6
Exhibit A: Project Vicinity Map
1'' = 121 ft Vacant Lot Adjacent to
1439 Oribia Road 10/29/2025
This map may represent a visual display of related geographic information. Data provided here is not a guarantee of actual field conditions. To ensure complete accuracy, please contact the responsible staff for the most up-to-date information. 15 January 6, 2026 Item 6
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BUILDABLE

FOOTPRINT PER

REQUIRED

SETBACKS

BUILDABLE

FOOTPRINT PER

PROPOSED

SETBACKS
/5'
5'-0"
GARAGE

SETBACK
9/30/25

RECEIVED
Oct 29 2025
City of Del Mar
Planning Department

EXHIBIT D
29 January 6, 2026 Item 6

LEEGER ARCHITECTURE
PRINTED:

ISSUED:

LEEGERARCH.COM760.815.4713
P.O. BOX 2310
DEL MAR, CA 92014
09/23/2025
WESTBURG RESIDENCEWITH J.A.D.U.0 ORIBIA ROADDEL MAR CA, 92014

KATHLEEN LEEGER, AIA, CERTIFIED GREEN BUILDING PROFESSIONAL

FOR CITY STAMPS
A1. 1
20'-0"
13'-0"
20'-0"
20'-0"
10'-0"
10'-0"
5'-0" 16'-0" MIN.
78' 79' 80' 81' 82' 83' 84' 85' 86'
84' 85' 87' 86'
87'
88'
89'
91' 92' 93' 94' 95' 96' 97' 98' 99' 100'
78' 79' 80' 81' 82' 83' 84' 85' 86' 90' 91' 92' 93' 94' 95' 96' 97' 98' 99'

SITE PLAN

ACCESS EASEMENT
N00°14'00"W 261.32'
N83°46'10"E 107.42'
N83°52'00"E 50.27'
N83°52'00"E 109.28'
N83°40'00"E 50.28'
N83°40'00"E 50.28'
N00°14'00"W 132.50'
N00°14'00"W 132.50'
86'
91'
92'
93'
6' HIGH FIRE-RATED
FENCE
TF 89' +/- .5' BRW 79.8', BF 82'
FIRE-RATED WALL 6' HIGH FROM PARK
SIDE; MIX OF FIRE-RATED GLASS & MASONRY

FIRE ACCESS GATE

SITE PLAN
SCALE: 1" = 10'-0"
S.F.R. W/ J.A.D.U.

F.F. = 80.5'

GARAGE W/
DECK
F.C. = 86.5
UP
UP
UP

79.8' 80.3' 79.8' DN

PAVEMENT

SETBACK

SETBACK

SETBACK
SETBK

SETBACK
80' 81' 82' TF 89' +/- .5' BRW 79.8', BF 82'
FIRE-RATED WALL 6' HIGH FROM PARK
SIDE; MIX OF FIRE-RATED GLASS & MASONRY 2'-0" 2'-0" 2'-0" 2'-0" 2'-0"

5.5' HIGH WOOD FENCE 5' HIGH WOOD FENCE 4.5' HIGH WOOD FENCE 4' HIGH WOOD FENCE 3.5' HIGH WOOD FENCE ED 12 2 A1.1 87' 88' 89' 82' 83'
83'
83' 87'

80.3' 80.3'
4' MAX. RETAINING WALL AT LEAST 30' BEYOND GARAGE RECEIVED Oct 29 2025 City of Del Mar
Planning Department
30 January 6, 2026 Item 6

ATTACHMENT E
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ATTACHMENT F
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FIRE PROTECTION PLAN

BETH WESTBURG RESIDENCE
1439 Oribia Drive
Del Mar, California
July 9, 2018 (revised January 28, 2020, March 11, 2020, October 14, 2025) The Applicant hereby acknowledges the construction and other requirements of this Fire Protection Plan:

Original Report
Revision Prepared and Certified by: ______________________________ Melvin A Johnson
Certified CEQA Wildfire Consultant
Firewise 2000, LLC
PO Box 339
Lower Lake, CA 95457
760-745-3947

EXHIBIT C
104 January 6, 2026 Item 6

WESTBURG RESIDENCE

FIRE PROTECTION PLAN
Table of Contents

Section Page

1.0 GENERAL DESCRIPTION 1

1.1 General Information 1

2.0 WILDLAND FIRE HAZARD AND RISK ASSESSMENT 2

2.1 On and Off-Site Fire Hazard and Risk Assessment 2

2.2 Climate 2

2.3 Predicting Wildland Fire Behavior 4

2.4 Wildland Fire Behavior Calculations for the Off-Site Hazardous Vegetation 4

3.0 ASSESSING STRUCTURE IGNITIONS IN THE WILDLAND/URBAN INTERFACE 5

3.1 Firebrands 5

3.2 Radiant Heat/Direct Flame Impingement 6

3.3 Fire Resistant Plant Palette 6

4.0 FIRE DEPARTMENT RESPONSE TIMES & FIRE ACCESS 7

5.0 VEGETATION MANAGEMENT ZONE DESCRIPTIONS
& REQUIRED TREATMENTS 7

5.1 Fuel Modification Zone 0 7

5.2 Fuel Modification Zone 1 8

5.3 Fuel Modification Zone 2 9

6.0 CONSTRUCTION STANDARDS 9

7.0 INFRASTRUCTURE 10

7.1 Water Supply 10

7.2 Access Roads/Driveways and Gates 10

8.0 CONCLUSION 11

9.0 EXHIBITS 11
Westburg Residence Site Plan EXHIBIT A
Fuel Modification Zone Map EXHIBIT B
Literature Referenced EXHIBIT C
Undesirable Plant Species EXHIBIT D
Non-combustible & Fire Resistant Building Materials EXHIBIT E Ignition-Resistant Construction Requirements EXHIBIT F
Project Photos EXHIBIT G
City of San Diego Brush Management Program EXHIBIT H
Fire Flow Test Results EXHIBIT I
Encinitas Fire Department Correspondence EXHIBIT J
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FIRE PROTECTION PLAN

1.0 GENERAL DESCRIPTION
The WESTBURG Residence project is located within the City of Del Mar. The property sits on a vacant parcel behind the residence at 1439 Oribia Road (see Figure 1). The east property line of the parcel is the dividing line between the City of San Diego and the City of Del Mar. Because the subject property abuts an Open Space Preserve with native vegetation, it is within an area designated as a Very High Fire Hazard Severity Zone (VHFHSZ). The property is surrounded by developed residential property on three sides. The Del Mar Fire Department (DMFD) is the jurisdictional fire protection agency. The Del Mar Fire Department contracts with the City of Encinitas Fire Department for management services which includes review of commercial and residential plans, and fire prevention inspections.

The proposed project consists of the construction of a 2500-sf single-family residence with an attached ADU and a 495-sf detached garage. The parcel size is 0.35 gross acres. The proposed type of construction is V-B and the occupancy classification is R-3/U. Refer to the site plan in Exhibit A for the illustration of property lines, structure footprint and off-site vegetation conditions.

A Fire Protection Plan (FPP) must be submitted to and approved by the Encinitas Fire Department which provides.

The approved FPP shall be recorded with the County Recorder’s office. The FPP assesses the overall (on-site and off-site) wildland fire hazards and risks that may threaten life and property associated with the proposed WESTBURG Residence. In addition, the FPP establishes both short-term and long-term vegetation management actions required to minimize any projected wildland fire hazards, and assigns annual maintenance responsibilities for each of the required Vegetation Management actions.

1.1 General Information
Owner: Beth Westburg
1439 Oribia Road
Del Mar, CA 2014
Approving Departments: Agency having Jurisdiction the City of Del Mar, CA

Fire Authority/Fire Construction Permits: Del Mar & Encinitas Fire Departments/City of Del Mar Water City of San Diego
Building Permits: City of Del Mar
The purpose of this FPP is to provide Fuel Modification Zone treatment and construction feature direction for developers, architects, builders, the DMFD, and the individual lot owner to use in making the structures in the proposed project relatively safe from future wildfires. Exhibits attached to this FPP that provide additional information shall be considered part of this FPP.

This revised FPP is based upon the following requirements (or those in force at the time of construction) listed in the California Code of Regulations Title 14, section 1280 and Title 24, Part 9; 2022 California Fire Code (CFC) including Appendices to Chapters 1 & 4 and Appendices B, F & H and Local Amendments; Chapter 7A-California Building Code; 2022 California Residential Code sections R337; California Government Code, sections 51175 through 51189; California Public Resources Codes sections 4201 through 4204; 2024 International Wildland-Urban Interface Code; National Fire Protection Association Standards (NFPA) 13-D & 1140, 2022 Editions; Del Mar Fire Department Ordinance No. 1022 & 1023 which adopts the 2016 2022 CFC. 106 January 6, 2026 Item 6
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2.0 WILDLAND FIRE HAZARD AND RISK ASSESSMENT
In assessing the wildland fire hazard, it is necessary to consider plant succession and the climax plant communities.

The vegetation described below is the most likely climax plant community that will exist without human intervention and the one utilized for planning purposes.

2.1 On and Off-Site Fire Hazard and Risk Assessment
The proposed project is located adjacent to a dedicated Open Space Preserve owned by the City of San Diego, consisting of a nature trail (Crest Canyon Trail) with trail heads. The Open Space preserve is set aside to protect native coastal sage habitat and state-protected stands of Torrey Pines (See Photo 1). The Open Space Preserve is approximately 160 acres in size and is surrounded on three sides by residential development. The City of San Diego Parks and Recreation Department has a program to conduct brush clearing work along the City boundary to provide a 100 feet of fuel buffer from every structure on the adjacent private property. The City cycles through the area every two years to complete the work. There is recent evidence of brush clearing activity by the City workers out to at least 30 feet from the property line (See Photo EXHIBIT F). The owner can apply for a Right-of-Entry Permit from the San Diego Parks and Recreation Department to conduct additional brush clearing work if necessary. This vegetation treatment provides an extended buffer from the hazardous fuel that threatens the private property.

Photo 1. View looking east from the property at the adjacent Open Space Preserve.

For fire behavior modeling purposes, the native vegetation is best described as a Fuel Model SCAL 18 (sage/buckwheat, with 1 hour fuels of 5.5 tons/acre and 10 hour fuels of .8 tons/acre). All of these plants are adapted to intense wildfires, needed for species regeneration, especially the Torrey Pine (Pinus torreyana).

The City Open Space Preserve offers the greatest wildland fire threat to the proposed project (See Photo 1). The record search for any fire history in the area did not show any past wildland fire occurrence over 10 acres. Some of the preserve does show evidence of past vegetation disturbance in the flat area just east of the subject property.

2.2 Climate
The climate within the project area would be characterized as Mediterranean. It has generally mild and wet (14 -16 inches per year) winters, the bulk of the annual precipitation falling between January and March. Long, hot and very dry summer seasons frequently occur with occasional multi-year droughts.

P
107 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 3 The most critical weather pattern is a hot, dry offshore wind, typically called a Santa Ana. Such wind conditions are usually associated with strong (>60 MPH), hot, dry winds with very low (<15%) relative humidity. Santa Ana winds originate over the dry desert land and can occur anytime of the year; however, they generally occur in the late fall (September through November). This is also when non-irrigated vegetation is at its lowest moisture content.

The subject property is located less than one mile (0.80 mile) from the ocean which keeps the humidy relatively high even during the hot summer months. While the coastal sage scrub vegetation and annual grasses tend to dry out during the summer, the broad-leaf evergreen shrubs (Lemonade berry, ceanothus, and Toyon) maintain their high fuel moistures.

The typical prevailing summer time wind pattern is out of the south or southwest and normally is of a much lower velocity (5-19 MPH) with occasional gusts to 30-MPH) and is associated with higher relative humidity readings.

All other (northwest, south, west) wind directions may be occasionally strong and gusty. However, they are generally associated with cooler moist air and often have higher relative humidity (> 40%). They are considered a serious wildland fire weather condition when wind speeds reach > 20-MPH.

All residential structures in the area are threatened by wind-blown embers. Ignition resistant construction, to include venting that resists ember intrusion will generally mitigate against a windblown ember threat (see Section 5.4 for a discussion of these features). The goal of this FPP is to prevent the loss of lives, buildings and personal property when wildfires occur. The challenge is using a ‘best practices’ approach to construction and vegetation management, within a fully functioning coastal sage scrub habitat. This goal is accomplished by requiring the home to be built with ignition resistant materials and properly designed and maintained vegetation management treatments that safely mitigate the fire hazard to insignificant levels.

Figure 2. Fire behavior factors influenced by terrain in the immediate area. 108 January 6, 2026 Item 6
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2.3 Predicting Wildland Fire Behavior
The BEHAVE 5.0.5 Fire Behavior Prediction and Fuel Modeling System developed by USDA–Forest Service research scientists Patricia L. Andrews and Collin D. Bevins at the Intermountain Forest Fire Laboratory, Missoula, Montana, is one of the best systematic methods for predicting wildland fire behavior. The BEHAVE fire behavior computer modeling system is utilized by wildland fire experts and managers nationwide. The program projects the expected rate-of-spread and flame lengths with a reasonable degree of certainty for use in Fire Protection Planning purposes. FIREWISE 2000, Inc. used the BEHAVE 5.0.5 Fire Behavior Prediction Model for the WESTBURG residence to make the fire behavior assessments discussed below.

2.4 Wildland Fire Behavior Calculations for the Off-Site Hazardous Vegetative Fuels Wildland fire behavior calculations have been projected for the hazardous vegetative fuels on the undeveloped areas in proximity to the proposed project. These projections are based on scenarios that are ‘worst case’ San Diego County fire weather assumptions in the vicinty of the project area. Historical weather data was obtained from the RAWS (Remote Automatic Weather Station) network stations closest to the project area.

The worst case scenarios are depicted below in Tables 2.4.1 and 2.4.2. All tables display the expected Rate of Fire Spread (expressed in mi/hr), and Flame Length (expressed in feet) include the calculation inputs used in the BEHAVE program which were obtained from project site observations and fuel moisture levels typically observed during the local fire season. The tables also show the change in Rate of Fire Spread, and Flame Length following the completion of the required Vegetation Management work which is characterized by Fuel Model SCAL 18 (Coastal sage scrub/buckwheat) and gr1 (Short Sparse Dry Climate Grass 50%). In Table 2.4.1, a fire behavior analysis was conducted to determine the flame lengths predicted under 60-MPH northeast winds. Table 2.4.2 projected the fire behavior for a wildfire burning under a prevailing 10-MPH southwest wind.

Table 2.4.1
Fire Scenario # 1 - Fire Approaching from the North or East Late Fire Season With 60 MPH North, Northeast and East Wind Conditions (Fire Behavior reflects a fire burning up canyon partially sheltered from wind) Fire Behavior Calculation Input Data
• 5 percent slope
• 24 mph 20-foot wind speed
• 135o wind direction from upslope north
• Fire spread direction 1200from upslope
Anticipated Fuel Moistures
* 1-Hour Fine Fuel Moisture of…………...2%
* 10-Hour Fuel Moisture of.…….……....…5%
* 100-Hour Fuel Moisture of.....…….....…..6%
* Live Herbaceous Fuel Moisture of.….....50%
* Live Woody Fuel Moisture of……..........60%
Expected Fire Behavior
Combined Fuel Model [SCAL 18 - Sage/Buckwheat]
Flame Length - 20.7 feet
Rate of Spread - 57.5 ft/min
Fireline Intensity - 4118 btu/ft/s
Expected Fire Behavior in Treated Fuels
(Zone 2 off-site)
Fuel Model - gr1 – Short Sparse Dry Climate Grass 50%
Rate of Spread - 25.9 ft/min
Fireline Intensity - 44 btu/ft/s
Flame Length - 2.6 feet
Fig
ure
4 eve
nt
Figure 3
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Fire Scenario # 2 - Fire Approaching from the South or West Late Fire Season With 10 MPH South, Southwest and West Wind Conditions (Fire Behavior reflects a fire burning down canyon)
Fire Behavior Calculation Input Data
• 1-2 percent slope
• 10 mph 20-foot wind speed
• 270o wind direction from upslope north
• 315o fire spread from upslope north
Anticipated Fuel Moistures
* 1-Hour Fine Fuel Moisture of..………...2%
* 10-Hour Fuel Moisture of.…………...…5%
* 100-Hour Fuel Moisture of.....……...…..8%
* Live Herbaceous Fuel Moisture of.…...50%
* Live Woody Fuel Moisture of……........60%
Expected Fire Behavior
Combined Fuel Model SCAL 18 - Sage/Buckwheat
Flame Length - 10.9 feet
Rate of Spread - 14.4 ft/min
Fireline Intensity - 1031 btu/ft/s
Expected Fire Behavior in Treated Fuels
( Zone 2 off-site)
Fuel Model - gr1 – Short Sparse Dry Climate Grass 50%]
Rate of Spread - 8.9 ft/min (<1 mi/hr)
Fireline Intensity – 15 btu/ft/s
Flame Length - 1.6 feet

3.0 ASSESSING STRUCTURE IGINITIONS IN THE WILDLAND/URBAN INTERFACE Structure ignitions from wildland wildfires basically come from three sources of heat: convective firebrands (flying embers), direct flame impingement, and radiant heat. The Behave Plus Fire Behavior Computer Modeling Program does not address wind blown embers or firebrands. However, even though ignition resistant exterior building materials will be used in the construction of the Westburg Residence (see EXHIBIT ‘E’ for the description of ‘Ignition-Resistant Construction’), wind driven embers and radiant heat issues are addressed in this FPP.

3.1 Firebrands
Firebrands are pieces of burning materials that detach from a burning fuel due to the strong convection drafts in the flaming zone. Firebrands may also be referred to as embers. Firebrands can be carried a long distance (one mile or more) by fire drafts and strong winds. Severe wildland/urban interface fires can produce heavy showers of firebrands.

The chance of these firebrands igniting a structure will depend on the size and number of the firebrands, how long each ember burns after contact, and the type of building materials, building design, and construction features of the structure. Firebrands landing on combustible roofing and decks are common sources for structure ignition. They can also enter a structure through unscreened vents, decks and chimneys, unprotected skylights, and overhangs.

Even with non-combustible roofing, firebrands landing on leaves, needles, and other combustibles located on a roof (due to lack of maintenance) can cause structure ignition. Any open windows, doors or other types of unscreened openings are sources for embers to enter a structure during a wildland fire. If these maintenance issues are addressed on a regular basis, firebrands should not be a significant concern for the Westburg Residence as the building will be constructed with ignition resistant building materials. 110 January 6, 2026 Item 6
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3.2 Radiant Heat/Direct Flame Impingement
Radiation and convection involve the transfer of heat directly from the flame. Unlike radiation heat transfer, convection requires that the flames or heat column contact the structure. An ignition from radiation (given an exposed flammable surface) heat transfer depends on two aspects of the flame: 1) the radiant heat flux to a combustible surface and, 2) the duration (length of time) of the radiant flux. The radiant heat flux depends on the flame zone size, flame-structure distance, and how much the combustible material of the structure is exposed to the flame. While the flame from a wildfire may approach 1,800 degrees Fahrenheit, it is the duration of heat that is more critical. For an example, a blow torch flame typically approaches 2,100 degrees Fahrenheit yet a person can easily pass his/her hand through the flame. Heat duration only becomes critical to a home with a wood exterior surface if the heat is allowed to remain for 30-90 seconds.

Research scientist Jack Cohen of the United States Forest Service has found that a home's characteristics--its exterior materials and design in relation to the immediate area around a home within 100 feet--principally determine the home ignition potential. He calls the home and its immediate surroundings the home ignition zone. In a study of ignition of wood wallboard, tests by a USDA Forest Service research team described in the Proceedings, 1st International Fire and Materials Conference showed that flame impingement for sufficient length of time (approximately 1 min.) ignites a typical hardboard siding material. Since the requirement in this FPP is for a noncombustible wall or 1-hour fire resistive construction for the exterior portion of a structure, the home’s exterior reaching ignition temperature is very unlikely due to either radiant or convective heat.

Fire agencies consider vegetation management as a principal approach to wildland fire hazard reduction. Whenever the flame length, 1-2 minutes in duration or more, is equal to or more than the separation of combustible vegetation from a combustible structure, there is a high probability of structure ignition. Contact with a fire's convection heat column also may cause ignition but the temperature of the column’s gases are generally not hot enough or long enough in duration to sustain the ignition of the structure.

Comparing the expected wildland fire behavior projections in each of the scenarios in Section 2.3.1 against the required fuel modification zones outlined in Section 5.0 demonstrates substantial reductions in the expected flame length and fireline intensity.

By requiring the structures exposed to the threat of wildfire to incorporate the following guidelines, those structures will be provided with the most effective treatment for minimizing losses from flame impingement and associated radiant heat intensities.
• Each structure is constructed of ignition resistant building materials. • The area surrounding each structure contains an irrigated zone (defensible space) and a thinning zone (low fuel volume buffer strip) between the irrigated zone and the untreated fuels.

The homeowner shall be required to maintain their property to Zones, 0, 1, and 2 vegetation management standards and shall keep the roofs and rain gutters free of leaves, needles and other combustible debris. All firewood and other combustible materials must be properly stored away from the structures (minimum 30’) so that burning embers falling on or near the structures have no suitable host. The WESTBURG Residence owner is responsible for maintaining their home and for keeping all doors and windows tightly closed whenever a wildland fire is reported in the vicinity.

3.3 Fire Resistant Plant Palette
Wildland fire research has shown that some types of plants, including many natives, are more fire resistant than others. These low fuel volume, non-oily, non-resinous plants are commonly refered to as ‘fire resistant’. This term comes with the proviso that each year these plants are pruned, all dead wood is removed and all grasses or other plant material are removed from beneath the circumference of their canopies. Some native species are not considered ‘undesirable’ from a wildfire risk management perspective provided they are properly maintained year round (refer 111 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 7 to EXHIBIT ‘C’ for a list of prohibited plant species). Should any plant appear on both the Recommended and Prohibited Lists, the plant shall be removed and/or replaced with approved species.

4.0 FIRE DEPARTMENT RESPONSE TIMES & FIRE ACCESS
The Westburg residence is within the response area of the Del Mar Fire Department. The closest engine to the proposed project is Del Mar Fire Station at 2200 Jimmy Durante Blvd., approximately 0.81 miles or an approximate 4 minute response time. The Del Mar Fire Department contracts with the City of Encinitas for management services which includes review of commercial and residential plans, and fire prevention inspections. There is no assurance that the Del Mar fire apparatus will be in its station when a wildfire threatens the property at 1439 Oribia Road. In this situation, other nearby fire departments would likely respond equipment under mutual aid agreements. This is why FIREWISE 2000 planned projects use ‘defensible space’, ignition resistant building features, and key fuel treatment strategies that enable residents to substantially increase their ability to survive a wildfire on their own and without the loss of their structure. The goal of this FPP therefore is to make the WESTBURG Residence and its occupants as safe as possible and able to survive on their own until such time as firefighting equipment arrives and/or residents can be safely evacuated.

Fire Department Access
Fire apparatus access is a byway of San Dieguito Road (Public Street) to the driveway entrance of the residence.

The driveway has a 20 foot wide easement of which 16 feet shall be paved and is 107 feet long to the front of the residential structure and garage (See EXHIBIT A). To comply with Section 503.1.1 of the CFC, the project will require that fire apparatus be provided to meet the 150-foot hose pull requirement to all portions of the structure.

However, as per the Encinitas Fire Department, the intersection of San Dieguito Dr. and Oribia Rd. provides the required turnaround capabilities (see Appendix I). The driveway shall be designated as a FIRE LANE with red painted curbs or signed as a FIRE LANE – NO PARKING. All fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. Firefighter pathway shall be at least 48” wide and be provided as a flat paved or hard-surface walkway accessing all sides of the structure. It is highly recommended that off-site access with a gate be installed along the east property line for firefighters to the Open Space easement. A gate to Crest Canyon is being proposed, as shown on the site plan.

5.0 VEGETATION MANAGEMENT ZONE DESCRIPTIONS & REQUIRED TREATMENTS Below are the descriptions and required treatments for the Fuel Modification Zones. All distances in this report are measured horizontally. These distances are depicted on the attached Fuel Modification Zone Map – EXHIBIT B.

Due to the limited size and dimension of the lot, a fuel modification zone of 100 feet cannot be met entirely within the property boundary. To provide additional fuel modification, brush clearing treatments will have to extend offsite in the City Open Space Easement. The property owner does have the option to apply for a Right-of-Entry Permit from the City of San Diego Parks and Recreation Department to conduct brush clearing activities.

5.1 Fuel Modification Zone 0
Defined:

Zone 0, also known as the “Immediate” or “Ember Resistant Zone”, is the area located within five feet of a building that reduces the likelihood of structure ignition by embers. This zone includes the level graded area under and around all decks, stairs and any outbuildings and requires the most stringent wildland fire fuel reduction and maintenance.

This area shall be kept clear of combustibles, plant-based landscaping mulch, and all vegetation.

Zone 0 Requirements
• Zone 0 will be composed of hardscaping, either concrete, gravel, rock, or pavers surrounding the perimeter of each structure.
112 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 8 • No wooden, vinyl or other combustible materials may be attached to a structure. Wrought iron, chain link or similar non-flammable materials will be permitted in Zone 0 • Firewood and lumber are prohibited in this area.
• All branches within ten (10) feet of any chimney or stovepipe outlet must be removed.

Required Maintenance
• Maintenance shall be year-round by the lot owners and any subsequent owner according to the requirements listed in this PFPP.
• Remove any combustible material monthly within Zone 0 including all dead vegetative matter. • Remove any combustible material quarterly in rain gutters located above Zone O. • Dead branches that overhang roofs, are below or adjacent to windows, or which are adjacent to wall surfaces must be removed.

5.2 Fuel Modification Zone 1
Defined:

Zone 1 is commonly called the defensible space zone and shall be free of all combustible construction and materials.

It is an irrigated landscape zone which varies in width from 30 to 50 feet. It is measured from the exterior walls of the structure outward to the property line. It provides the best protection against the high radiant heat produced by a wildfire. It also provides a generally open area in which fire suppression forces can operate during wildfire events.

This zone includes a level-graded pathway of at least 3-feet wide around the structure for firefighter access.

In review of the project site plan (See EXHIBIT A), the setbacks for the structure only allow for 10 feet on the east and west side yards. Due to the narrow dimensions of the lot, the 50-foot Zone 1 requirement cannot be met.

Required Landscaping
▪ Plants in this zone shall be fire resistant and shall not include any pyrophytes that are high in oils and resins such as pines, eucalyptus, cedar, cypress or juniper species. Thick or leathery leaf species with high moisture content are the most ‘fire resistant’.
▪ Zone 1 will be cleared of all fire prone and undesirable plant species. (See EXHIBIT ‘C’). ▪ Xeriscape™ designs, where compatible and hardscape such as concrete, rock, pavers, and similar noncombustible features are encouraged to break up fuel continuity within Zone 1. ▪ Focus should be on approved ground covers and lawns that shall be maintained at a height that does not exceed 4 inches.
▪ Vegetation and combustible ground covers (mulch, bark, wood chips, etc.) are not permitted within 5 feet of the exterior wall of the structure.
▪ Shrubs should be low-growing and well-irrigated and should be selected from an approved plant list approved by the DMFD. Shrubs shall be single specimens or a grouping not exceeding three plants. Mature height of plants shall not exceed 18 inches. At mature growth, single plants or groupings of plants shall be separated from each other by at least 5 feet. Plants shall not be located under vents or windows or within five feet to either side of a window. Single specimens of plants or a grouping not exceeding three plants are allowed under mature trees.
▪ Trees shall be single specimens or groupings of not more than three trees selected from the approved plant list. Trees are to be planted such that the mature canopies will be at least 10 feet from the exterior walls of the structure or from the most distal point of a combustible projection, an attached accessory structure, or an accessory structure within 10 feet of a habitable building. ▪ An automatic irrigation system is required. Areas inside the drip line of native oak trees shall not be irrigated.

Required Maintenance
▪ The lot shall be maintained year round by the individual property owner within their property boundary (lot lines) as required by the DMFD.
▪ Irrigation sprinkler systems shall be checked weekly to insure proper working order. 113 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 9 ▪ Any dead or dying plant material shall be remove and replaced monthly. Shrubs and trees are to be biannually maintained free of dead material. • Trees shall be maintained such that the branches and limbs closest to the ground are pruned to a height from the ground that is equal to 1/3 the overall height of the tree or six feet from the ground, whichever is higher. There is one 40-foot high Monterey pine on the property. The owner has consulted an arborist who recommends removal of the Monterey pine due to its diseased condition and decided to remove the Monterey pine due to its close proximity to the structure and the property line. Due to the high flammability of said tree, Firewise2000 agrees with the recommendation. • One Coast live oak also exists on the property which can be retained as long as pruning standards are met.
▪ All trees must be maintained to the current ANSI A300 standards [Tree, Shrub, and Other Woody Plant Maintenance —Standard Practices (Pruning)] (see
(www.treecareindustry.org/public/gov_standards_a300.htm).

5.3 Fuel Modification Zone 2
Defined:

Zone 2 is a 30-foot wide off-site thinning zone in the City–owned Open Space preserve. The purpose of the brush clearing activity is to reduce the fuel load to make the fire behavior less severe to protect structures on the adjacent private land. Zone 2 is a 30’ non-irrigated area just off the PL on the east side of the property (See Exhibit B – Fuel Modification Zone Map). The City of San Diego Parks and Recreation Department in conjunction with the San Diego Fire Department has developed an annual program to clear hazard brush 30 feet away from the City property line along the City Open Space boundaries. The brush clearing activities are completed on a two year cycle. Recent contact with the City Program Manager indicated that the clearing was completed this past year (2017) and the evidence is shown in EXHIBIT G – Photo #4. The objective for the Brush Clearing Program is to remove 50% of the vegetation (or fuel load) to reduce the fire intensity and flame length to protect structures.

Required Brush Clearing Maintenance Standards on the City Property:
• Conduct brush clearing to reduce both the vertical height and spacing of the vegetation to achieve a 50% reduction in cover (See Exhibit G – Photo #4).
• Remove all dead and dying vegetation and highly flammable exotic or non-native species. • Native annual and perennial grasses will be allowed to grow and produce seed during the winter and spring.

As grasses begin to cure (dry out), they will be cut/mowed to 4 inches or less in height. • Prune broad-leaf shrubs to a vertical height of 4 feet, such as Lemonade berry (Rhus integrifolia), Toyon (Heterolmeles arbutifolia), and Baccharis sp. with an objective to remove 50% of foliage. • If native shrubs are located within a tree’s drip line, the lowest branch of the tree shall be a distance from the ground of at least three times the height of the shrub or 10 feet, whichever is greater. • Allowances for the needs of protected species and habitats will be considered in this zone.

6.0 CONSTRUCTION STANDARDS
The structure shall meet all wildland/interface standards to the satisfaction of the DMFD Ordinance No. 1022 & 1023. Design and construction shall meet the requirements listed in the 2022 Edition of the California Fire and Building Codes, with special adherence to Chapter 7A, and the 2022 Edition of the California Residential Code section R337, with other local amendments/ordinances as adopted by DMFD. Other applicable codes include the 2024 International Wildland-Urban Interface Code (IWUIC) and any codes in force at the time of construction.

The following items are special added fire protection measures to meet equivalency for non-compliance with the 100’ fuel modification:
• All swinging exterior doors shall be self-closing and self-latching (does not apply to slider doors). 114 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 10 • Residential fire sprinklers to NFPA 13D standards shall be installed to include attics, bathrooms, closet spaces and garage.
• In addition, the residence shall install exterior fire sprinklers under the eaves facing the east side of the property as added protection.
• To aid in radiant heat deflection and mitigate the reduced width of Zone 1 along the east property line, construction of a six (6) foot high non-combustible block and tempered glass wall along the east side of the property. Post and glass frame assemblies shall be composed of metal such as steel, and 6063-T5 aluminum alloys or equivalent, respectively, which will not melt and allow the glass to fall out. The fire wall would extend at least 150 feet or the combined length of the residence and garage, whichever is greater, a minimum of 30’ beyond the ends of the structures until it either meets adjacent similar fire-rated fencing or wraps the property corner up to 30’. (See EXHIBIT B – Fuel Modification Zone Map). The purpose of the fire wall is to deflect radiant heat and act as a physical barrier to stop blowing embers into the property. • Access gates shall be installed on the exterior fence as shown on page 2 of Exhibit A.

All accessory structures such as decks, balconies, patios, covers, gazebos and fences shall be built from noncombustible or ignition resistant materials. The homeowner is not restricted from having concrete patios, concrete walkways or swimming pools within the Vegetation Management Zones in compliance with other codes. Refer to EXHIBIT ‘E’ for photos and descriptions of non-combustible decks, patio covers, and railings for these accessory structures. Construction or building permits shall not be issued until the fire code official inspects and approves required vegetation clearance, fire apparatus access and water supply for the construction site. The issuance of building permits with regard to these requirements shall be in accordance standards required by the City of Del Mar.

Prior to the delivery of combustible building construction materials to the project site the following conditions shall be completed to the satisfaction of the DMFD:
• All wet and dry utilities shall be installed and approved by the appropriate inspecting department or agency. • Clearance of Zone 1 vegetation and approved Zone 2 vegetation management shall be provided prior to combustible material arriving on the site and shall be maintained throughout the duration of construction.

Fire code officials may require additional vegetation management and/or defensible space when warranted.

7.0 INFRASTRUCTURE

7.1 Water Supply
The Westburg Residence water supply will be provided by the City of San Diego Water Department (SDWD). Fire flow requirements need to comply with 2022 CFC – Appendix B. The Residence will be equipped with an automatic fire sprinkler system in accordance with NFPA 13D. The system shall be extended to cover the garage interior and to the exterior under the eaves. See Exhibit I for fire flow test results and compliance. The nearest fire hydrant is located at the intersection of San Dieguito Road and Oribia Road, approximately 190 feet north of the driveway entrance.

7.2 Access Roads/Driveways and Gates
Main ingress and egress for the WESTBURG Residence will be from the private driveway onto San Dieguito Road, a public street. The private driveway has a 20-foot-wide easement of which 16 feet shall be paved and extends 107 feet into the property. The driveway entrance shall be signed as ‘FIRE LANE- NO PARKING”. DMFD fire code requires fire access not to exceed a maximum grade of 15%. Fire access roads shall meet the requirements of the DMFD or as otherwise approved in this FPP, and shall be a paved surface capable of supporting loads of 75,000 lbs gross vehicle weight. Fire access roads shall be maintained for clear access for emergency vehicles (no vehicle storage allowed).

Any gates to be installed shall meet DMFD fire codes and shall be approved by the DMFD prior to fabrication and installation. A ‘Knox’ override key switch must be installed outside the gate in an approved, readily visible, and unobstructed location at or near the gate to provide emergency access. 115 January 6, 2026 Item 6
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8.0 CONCLUSION
This FPP evaluated the adverse environmental effects that the proposed residential development may have from a wildland fire and to properly mitigate those impacts to ensure that the proposed project does not unnecessarily expose people or structures to a significant risk of loss, injury or death involving wildland fires.

With the implementation of the fuel modification, ignition resistant construction measures, and other mitigation measures described in this FPP, the proposed project will be provided with a higher degree of protection from wildfire than many existing homes in San Diego County.

Additionally, improvements including improved access, irrigated landscaping, and offsite brush clearing, benefit the existing nearby residences providing a safer environment for those in the surrounding neighborhood.

This plan and its requirements shall be incorporated by reference into the final project Conditions of Approval.

9.0 EXHIBITS
EXHIBITS:

SITE PLAN EXHIBIT A

FUEL MODIFICATION ZONE MAP EXHIBIT B

UNDESIREABLE PLANT LIST FOR SAN DIEGO COUNTY EXHIBIT C

LITERATURE REFERENCES EXHIBIT D

NON-COMBUSTIBLE/FIRE RESISTIVE BUILDING MATERIALS EXHIBIT E

IGNITION-RESISTANT CONSTRUCTION REQUIREMENTS EXHIBIT F

PROJECT PHOTOS EXHIBIT G

SAN DIEGO CITY PARKS & RECREATION BRUSH POLICY EXHIBIT H

FIRE FLOW TEST RESULTS EXHIBIT I

ENCINITAS FIRE DEPARTMENT CORRESPONDENCE EXHIBIT J
116 January 6, 2026 Item 6
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7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 13 118 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 14 119 January 6, 2026 Item 6
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EXHIBIT C- UNDESIRABLE PLANT LIST
The following species are highly flammable and should be avoided when planting within the first 50 feet adjacent to a structure. The plants listed below are more susceptible to burning due to rough or peeling bark, production of large amounts of litter, vegetation that contains oils, resin, wax, or pitch, large amounts of dead material in the plant, or plantings with a high dead to live fuel ratio. Many of these species, if existing on the property and adequately maintained (pruning, thinning, irrigation, litter removal, and weeding) may remain as long as the potential for spreading a fire has been reduced or eliminated.

BOTANICAL NAME COMMON NAME
Abies species
Acacia species
Adenostoma sparsifolium**
Adenostoma fasciculatum**
Agonis juniperina
Araucaria species
Artemesia californica**
Bambusa species
Cedrus species
Chamaecyparis species
Coprosma pumila
Cryptomeria japonica
Cupressocyparis leylandii
Cupressus forbesii**
Cupressus glabra
Cupressus sempervirens
Dodonea viscosa
Eriogonum fasciculatum**
Eucalyptus species
Heterotheca grandiflora**
Juniperus species
Larix species
Lonicera japonica
Miscanthus species
Muehlenbergia species**
Palmae species
Picea species
Pickeringia Montana**
Pinus species
Podocarpus species
Pseudotsuga menziesii
Rosmarinus species
Salvia mellifera**
Taxodium species
Taxus species
Thuja species
Tsuga species
Urtica urens**
Fir Trees
Acacia (trees, shrubs, groundcovers)
Red Shanks
Chamise
Juniper Myrtle
Monkey Puzzle, Norfolk Island Pine
California Sagebrush
Bamboo
Cedar
False Cypress
Prostrate Coprosma
Japanese Cryptomeria
Leylandii Cypress
Tecate Cypress
Arizona Cypress
Italian Cypress
Hopseed Bush
Common Buckwheat
Eucalyptus
Telegraph Plant
Junipers
Larch
Japanese Honeysuckle
Eulalia Grass
Deer Grass
Palms
Spruce Trees
Chaparral Pea
Pines
Fern Pine
Douglas Fir
Rosemary
Black Sage
Cypress
Yew
Arborvitae
Hemlock
Burning Nettle
120 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 16 ** San Diego County native species
EXHIBIT ‘C’ References:

Gordon, H. White, T.C. 1994. Ecological Guide to Southern California Chaparral Plant Series.

Cleveland National Forest.

Willis, E. 1997. San Diego County Fire Chief’s Association. Wildland/Urban Interface Development Standards
City of Oceanside, California. 1995. Vegetation Management. Landscape Development Manual.

Community Services Department, Engineering Division.

City of Vista, California 1997. Undesirable Plants. Section 18.56.999. Landscaping Design, Development and Maintenance Standards.
www.bewaterwise.com. 2004. Fire-resistant California Friendly Plants. www.ucfpl.ucop.edu. 2004. University of California, Berkeley, Forest Products Laboratory, College of Natural Resources. Defensible Space Landscaping in the Urban/Wildland Interface. A Compilation of Fire Performance Ratings of Residential Landscape Plants.

County of Los Angeles Fire Department. 1998. Fuel Modification Plan Guidelines. Appendix I, Undesirable Plant List, and Appendix II, Undesirable Plant List. 121 January 6, 2026 Item 6
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EXHIBIT D
Literature References

1. Standard Fire Behavior Fuel Models: A Comprehensive Set for Use with Rothermel’s Surface Fire Spread Model, General Technical Report RMRS-GTR-153. June 2005. Joe H. Scott, Robert E. Burgan, United States Department of Agriculture - Forest Service, Rocky Mountain Research Station, Missoula, Montana.

2. BehavePlus: Fire Modeling System, version 5.0.5: Variables. General Technical Report RMRS-GTR213WWW Revised. September 2009. Patricia L. Andrews, United States Department of Agriculture - Forest Service, Rocky Mountain Research Station, Missoula, Montana.

3. BEHAVEPlus Fire Modeling System, Version 5.0.0 General Technical Report RMRS-GRT-106WWW Revised. June 2008. Patricia L. Andrews, Collin D. Bevins and Robert C. Seli. United States Department of Agriculture - Forest Service, Rocky Mountain Research Station, Missoula, Montana.

4. BEHAVEPlus Fire Modeling System, Version 5.0 User’s Guide. General Technical Report RMRS-GRT106WWW Revised. July, 2009. Patricia L. Andrews, Collin D. Bevins, Robert C. Seli. United States Department of Agriculture - Forest Service, Rocky Mountain Research Station, Missoula, Montana.

5. California Code of Regulations, Title 14, section 1280; California Public Resources Codes sections 4201 through 4204

6. California Government Code, sections 51175 through 51189

7. Del Mar Fire Department Ordinance No. 921, which adopts 2016 2022CFC.

8. 2022 Fire Code portion of the CBSC, including appendices to Chapters 1 & 4 and appendices B, F & H

9. The 2022 California Fire Code with and adopted Local Amendments.

10. The 2022 California Residential Code, Section R337.

11. Chapter 7A-California of the 2022 Building Code.

12. County of San Diego Consolidated Fire Code.

13. National Fire Protection Association - NFPA 13D Standard for the Installation of Sprinkler Systems in One and Two-Family Dwellings and Manufactured Homes. 2025 Edition

14.National Fire Protection Association - NFPA 1140 Standard for Wildland Fire Protection 2022

15. National Fire Protection Association - NFPA 1142, 2022 Edition. Table C.11 (b) Time-Distance Table Using an Average Speed of 35 mph

16. The California State and Local Responsibility Area Fire Hazard Severity Zone Map – Fire and Resource Assessment Program of CAL FIRE

17.City of San Diego, Parks & Recreation Brush Management Program, and Section 142.412 San Diego Municipal Code.
122 January 6, 2026 Item 6
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EXHIBIT E

NON-COMBUSTIBLE AND FIRE RESISTIVE BUILDING

MATERIALS
Prior to selection of a non-combustible approve material for your specific design or purpose it is suggested that you first search the Office of the State Fire Marshal web site http://osfm.fire.ca.gov/licensinglistings/licenselisting_bml_searchcotest.php. Navigate to DECKING FOR WILDLAND URBAN INTERFACE (W.U.I) or search by specific Company. If your material is approved, then check with your Local Jurisdiction to see if they also have it on an approved list.

The following examples of non-combustible and fire resistant building materials may be used for balconies, carports decks, patio covers and floors.

I. NON-COMBUSTIBLE HEAVY GAGE ALUMINUM MATERIALS –
Metals USA Building Products Group - Ultra-Lattice
Ultra-Lattice Attached Patio Cover Ultra-Lattice Attached Patio Cover Ultra-Lattice Stand Alone Shade Cover Ultra-Lattice Vs. Wood 123 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 19 II. FRX Exterior Fire-Retardant Treated (FRT) Wood

FRX® fire retardant treated wood may be used in exterior applications permitted by the codes where:
public safety is critical, other materials would transfer heat or allow fires to spread, sprinkler systems cannot easily be installed, corrosive atmospheres necessitate excessive maintenance of other materials, or fire protection is inadequate or not readily available. The International Building, Residential and UrbanWildland Interface Codes and regulations permit the use of fire retardant treated wood in specific instances. See below for typical exterior uses and typical residential uses.

For information on fire retardant treated wood for exterior uses, visit www.frxwood.com 124 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 20 III. TREX COMPANY, INC.

125 January 6, 2026 Item 6
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EXHIBIT F

IGNITION-RESISTANT CONSTRUCTION REQUIREMENTS
The following is a summary of the current requirements for ignition resistant construction for high fire hazard areas under Chapter 7A of the California Building Code (CBC) 2022 edition and the current California Residential Code, Section R337 and the California Fire Code, Code, Chapter 49. However, the requirements listed below are NOT all inclusive and all exterior building construction including roofs, eaves, exterior walls, doors, windows, decks, and other attachments must meet the current CBC Chapter 7A ignition resistance requirements, the California Fire Code, and any additional County and/or City codes in effect at the time of building permit application. See the current applicable codes for a detailed description of these requirements and any exceptions.

1. All structures will be built with a Class A Roof Assembly and shall comply with the requirements of Chapter 7A of the California Building Code. Roofs shall have a roofing assembly installed in accordance with its listing and the manufacturer’s installation instructions.

2. Roof valley flashings shall be not less than 0.019-inch (0.48 mm) No. 26 gage galvanized sheet corrosion-resistant metal installed over not less than one layer of minimum 72-pound (32.4 kg) mineral-surfaced nonperforated cap sheet complying with ASTM D3909, at least 36-inch-wide (914 mm) running the full length of the valley.

3. Attic or foundation ventilation louvers or ventilation openings in vertical walls shall be covered with a minimum of 1/16-inch and shall not exceed 1/8-inch mesh corrosion-resistant metal screening or other approved material that offers equivalent protection.

4. Where the roof profile allows a space between the roof covering and roof decking, the spaces shall be constructed to resist the intrusion of flames and embers, be firestopped with approved materials or have one layer of a minimum 72-pound (32.4 kg) mineral-surfaced nonperforated cap sheet complying with ASTM D3909 installed over the combustible decking.

5. Enclosed roof eaves and roof eave soffits with a horizontal underside, sloping rafter tails with an exterior covering applied to the under-side of the rafter tails, shall be protected by one of the following:
• noncombustible material
o Ignition-resistant material
• One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering on the underside of the rafter tails or soffit
• The exterior portion of a 1-hour fire resistive exterior wall assembly applied to the underside of the rafter tails or soffit including assemblies using the gypsum panel and sheathing products listed in the Gypsum Association Fire Resistance Design Manual • Boxed-in roof eave soffit assemblies with a horizontal underside that meet the performance criteria in Section 707A.10 when tested in accordance with the test procedures set forth in ASTM E2957.
126 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 22 • Boxed-in roof eave soffit assemblies with a horizontal underside that meet the performance criteria in accordance with the test procedures set forth in SFM Standard 12-7A-3.

Exceptions: The following materials do not require protection:

1. Gable end overhangs and roof assembly projections beyond an exterior wall other than at the lower end of the rafter tails.

2. Fascia and other architectural trim boards.

6. The exposed roof deck on the underside of unenclosed roof eaves shall consist of one of the following:
• Noncombustible material, or
• Ignition-resistant material, or
• One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering on the underside exterior of the roof deck, or
• The exterior portion of a 1-hour fire resistive exterior wall assembly applied to the underside of the roof deck designed for exterior fire exposure including assemblies using the gypsum panel and sheathing products listed in the Gypsum Association fire Resistance Design Manual.

Exceptions: The following materials do not require protection:

1. Solid wood rafter tails on the exposed underside of open roof eaves having a minimum nominal dimension of 2 inch (50.8 mm).

2. Solid wood blocking installed between rafter tails on the exposed underside of open roof eaves having a minimum nominal dimension of 2-inch (50.8 mm).

3. Gable end overhangs and roof assembly projections beyond an exterior wall other than at the lower end of the rafter tails.

4. Fascia and other architectural trim boards.

7. Vents - ventilation openings for enclosed attics, enclosed eave soffit spaces, enclosed rafter spaces formed where ceilings are applied directly to the underside of roof rafters, and underfloor ventilation openings shall be fully covered with metal wire mesh, vents, other materials, or other devices that meet one of the following requirements:

A. Vents listed to ASTM E2886 and complying with all the following:
i. There shall be no flaming ignition of the cotton material during the Ember Intrusion Test.
ii. There shall be no flaming ignition during the Integrity Test portion of the Flame Intrusion Test.
iii. The maximum temperature of the unexposed side of the vent shall not exceed 662°F (350°C).

B. Vents shall comply with all of the following:
i. The dimensions of the openings therein shall be a minimum of 1/16-inch (1.6 mm) and shall not exceed 1/8-inch (3.2 mm).
ii. The materials used shall be noncombustible.

Exception: Vents located under the roof covering, along the ridge of roofs, with the exposed surface of the vent covered by noncombustible wire mesh, may be of combustible materials.
iii. The materials used shall be corrosion resistant.

8. Vents shall not be installed on the underside of eaves and cornices. 127 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 23 Exceptions:

1. Vents listed to ASTM E2886 and complying with all the following:
• There shall be no flaming ignition of the cotton material during the Ember Intrusion Test. • There shall be no flaming ignition during the Integrity Test portion of the Flame Intrusion Test.
• The maximum temperature of the unexposed side of the vent shall not exceed 662°F (350°C).

2. The enforcing agency shall be permitted to accept or approve special eave and cornice vents that resist the intrusion of flames and burning embers.

3. Vents complying with the requirements of Section 706A.2 shall be permitted to be installed on the underside of eaves and cornices in accordance with either one of the following conditions:

3.1. The attic space being ventilated is fully protected by an automatic sprinkler system installed in accordance with Section 903.3.1.1 or,

3.2. The exterior wall covering, and exposed underside of the eave are of noncombustible materials, or ignition-resistant materials, as determined in accordance with SFM Standard 12- 7A-5 Ignition-Resistant Material and the requirements.

9. All chimney, flue or stovepipe openings that will burn solid wood will have an approved spark arrester. An approved spark arrester is defined as a device constructed of nonflammable materials, having a heat and corrosion resistance equivalent to 12-gauge wire, 19-game galvanized steel or 24-gage stainless steel. or other material found satisfactory by the Fire Protection District, having ½-inch perforations for arresting burning carbon or sparks nor block spheres having a diameter less than 3/8 inch (9.55 mm). It shall be installed to be visible for the purposes of inspection and maintenance and removeable to allow for cleaning of the chimney flue.

10. All residential structures will have automatic interior fire sprinklers installed according to the National Fire Protection Association (NFPA) 13D 2019 edition - Standard for the Installation of Sprinkler Systems in One and Two-family Dwellings and Manufactured Homes. Fire sprinklers are not required in unattached non-habitable structures greater than 50 feet from the residence.

11. The exterior wall covering, or wall assembly shall comply with one of the following requirements:
• Noncombustible material, or
• Ignition resistant material, or
• Heavy timber exterior wall assembly, or
• Log wall construction assembly, or
• Wall assemblies that have been tested in accordance with the test procedures for a 10- minute direct flame contact expose test set forth in ASTM E2707 with the conditions of acceptance shown in Section 707A.3.1 of the California Building Code, or • Wall assemblies that meet the performance criteria in accordance with the test procedures for a 10-minute direct flame contact exposure test set forth in SFM Standard 12-7A-1.

Exception: Any of the following shall be deemed to meet the assembly performance criteria and intent of this section including;
a. One layer of 5/8-inch Type X gypsum sheathing applied behind the exterior covering or cladding on the exterior side of the framing, or 128 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 24 b. The exterior portion of a 1-hour fire resistive exterior wall assembly designed for exterior fire exposure including assemblies using the gypsum panel and sheathing products listed in the Gypsum Associate Fire Resistance Design Manual.

12. Exterior walls shall extend from the top of the foundation to the roof and terminate at 2-inch nominal solid blocking between rafters at all roof overhangs, or in the case of enclosed eaves, terminate at the enclosure.

13. No attic ventilation openings or ventilation louvers shall be permitted in soffits, in eave overhangs, between rafters at eaves, or in other overhanging areas.

1. All projections (exterior balconies, decks, patio covers, unenclosed roofs and floors, and similar architectural appendages and projections) or structures less than five feet from a building shall be of non-combustible material, one-hour fire resistive construction on the underside, heavy timber construction or pressure-treated exterior fire-retardant wood. When such appendages and projections are attached to exterior fire-resistive walls, they shall be constructed to maintain the same fire-resistant standards as the exterior walls of the structure.

15. Deck Surfaces shall be constructed with one of the following materials:
• Material that complies with the performance requirements of Section 709A.4 when tested in accordance with both ASTM E2632 and ASTM E2726, or
• Ignition-resistant material that complies with the performance requirements of 704A.3 when tested in accordance with ASTM E84 or UL 723, or
• Material that complies with the performance requirements of both SFM Standard 12-7A-4 and SFM Standard 12-7A-5, or
• Exterior fire-retardant treated wood, or
• Noncombustible material, or
• Any material that complies with the performance requirements of SFM Standard 12-7A4A when the attached exterior wall covering is also composed of noncombustible or ignition-resistant material.

16. Accessory structures attached to buildings with habitable spaces and projections shall be in accordance with the Building Code. When the attached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have all underfloor areas and exterior wall construction in accordance with Chapter 7A of the Building Code.

17. Exterior windows, skylights and exterior glazed door assemblies shall comply with one of the following requirements:
• Be constructed of multiplane glazing with a minimum of one tempered pane meeting the requirements of Section 2406 Safety Glazing, or
• Be constructed of glass block units, or
• Have a fire-resistance rating of not less than 20 minutes when tested according to NFPA 257, or
• Be tested to meet the performance requirements of SFM Standard 12-7A-2. 129 January 6, 2026 Item 6
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18. All eaves, fascia and soffits will be enclosed (boxed) with non-combustible materials. This shall apply to the entire perimeter of each structure. Eaves of heavy timber construction are not required to be enclosed as long as attic venting is not installed in the eaves. For the purposes of this section, heavy timber construction shall consist of a minimum of 4x6 rafter ties and 2x decking.

19.Excerpt from CA Building Code - 710A.3.3 Accessory Buildings 120 Square Feet (11.15 m2) or less, Located 3 Feet (914 mm) or More but Less Than 50 Feet (15,240mm). When required by the enforcing agency, accessory buildings of 120 square feet (11.15 m2) or less and separated from an applicable building on the same lot by a distance of 3 feet (914 mm) or more but less than 50 feet (15,240mm) shall be constructed of noncombustible materials or of ignition-resistant materials as described in Section 704.A.2.

20. All rain gutters, down spouts and gutter hardware shall be constructed from metal or other noncombustible material to prevent wildfire ignition along eave assemblies. 21 Gutters shall be provided with the means to prevent the accumulation of leaf litter and debris within the gutter that contribute to roof edge ignition.

22. All side yard fence and gate assemblies (fences, gate and gate posts) when attached to the home shall be of non-combustible material. The first five feet of fences and other items attached to a structure shall be of non-combustible material.

23. Exterior garage doors shall resist the intrusion of embers from entering by preventing gaps between doors and door openings, at the bottom, sides and tops of doors, from exceeding 1/8 inch. Gaps between doors and door openings shall be controlled by one of the methods listed in this section. • Weather-stripping products made of materials that:
(a) have been tested for tensile strength in accordance with ASTM D638 (Standard Test Method for Tensile Properties of Plastics) after exposure to ASTM G155 (Standard Practice for Operating Xenon Arc Light Apparatus for Exposure of Non-Metallic Materials) for a period of 2,000 hours, where the maximum allowable difference in tensile strength values between exposed and non-exposed samples does not exceed 10%; and (b) exhibit a V-2 or better flammability rating when tested to UL 94, Standard for Tests for Flammability of Plastic Materials for Parts in Devices and Appliances. • Door overlaps onto jambs and headers.
• Garage door jambs and headers covered with metal flashing.

24. Exterior doors shall comply with one of the following:

1. The exterior surface or cladding shall be of noncombustible material or,

2. The exterior surface or cladding shall be of ignition-resistant material or,

3. The exterior door shall be constructed of solid core wood that complies with the following requirements:

3.1. Stiles and rails shall not be less than 1-3/8 inches thick.

3.2. Panels shall not be less than 1-1/4 inches thick, except for the exterior perimeter of the panel that shall be permitted to taper to a tongue not less than 3/8 inch thick.

4. The exterior door assembly shall have a fire-resistance rating of not less than 20 minutes when tested according to NFPA 252 or,
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5. The exterior surface or cladding shall be tested to meet the performance requirements of Section 707A.3.1 when tested in accordance with ASTM E2707 or,

6. The exterior surface or cladding shall be tested to meet the performance requirements of SFM Standard 12-7A-1.
** FAHJ – Fire Authority Having Jurisdiction
SFM – State Fire Marshal
NFPA – National Fire Protection Association
Special Construction Features: As noted in Section 5.3, these are in addition to those requirements listed above, and provide added protection either from embers or radiant heat. • All operable windows shall be provided with metal mesh bugs screens or similar non-combustible screens over the operable opening to replace traditional vinyl bug screens to prevent embers from entering the structure during high wind conditions when windows may be inadvertently left open. • Automatic fire sprinklers shall be installed in the attic, bathrooms , closets, garage and under the eaves on the east side of the residence. Fire sprinklers shall be upgraded to a four (4) head calculation for the sprinkler design. The four head calculation must have a minimum .05 density design, QR and intermediate temperature heads; the heads may be of a small orifice type such as 3/8 or 7 /16. Listed domestic demand shutoff valves may be used to try to minimize upgrading meter sizes where possible. Copper piping is required in the attics; CPVC will only be permitted in the attic if listed heads are used to protect piping in accordance with their listing.
• All swinging exterior doors shall be self-closing (e.g. pneumatic or spring loaded hinges) and be self-latching.
• All vents shall be "Brandguard'', "O'Hagin fire & ice'' line - flame and ember resistant or other equivalent flame and ember resistant vents. Vents must be CSFM listed or acceptable the RCFPD. • Vehicle garage doors shall have automatic door closers (standard on most new automatic garage door openers as a security feature), that can be set to close after a certain period of time with no activity. • To aid in radiant heat deflection and mitigate the reduced width of Zone 1 along the east property line, construction of a six (6) foot high non-combustible block and tempered glass wall along the east side of the property. Post and glass frame assemblies shall be composed of metal such as steel, and 6063-T5 aluminum alloys or equivalent, respectively, which will not melt and allow the glass to fall out. The fire wall would extend at least 150 feet or the combined length of the residence and garage, whichever is greater, a minimum of 30’ beyond the ends of the structures until it either meets adjacent similar fire-rated fencing or wraps the property corner up to 30’. (See EXHIBIT B – Fuel Modification Zone Map). The purpose of the fire wall is to deflect radiant heat and act as a physical barrier to stop blowing embers into the property. • Access gates shall be installed on the exterior fence as shown on page 2 of Exhibit A. 131 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 27 EXHIBIT G – Photos
Photo 2. View looking north from the south end of the Westburg property.

Photo 3. View of north end of property where structure is to be constructed. 132 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 28 Photo 4.View looking south of off-sire brush clearing work in 2017.

Photo 5. View of brush clearing looking from east property line at Open Space Preserve on City of San Diego.
133 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 29 Photo 6. View looking south at off-site Zone 2 fuel modification.

Photo 7. View of location of driveway entrance off San Dieguito Road 134 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 30

EXHIBIT H
City of San Diego - Parks and Recreation Department
Open Space Parks Brush Management Program
Brush Management
Of the 26,282 total acres of open space managed by the Park and Recreation Department's Open Space Division, approximately 904 acres are located within 100 feet of structures.

Among other duties related to open space land management, the Open Space Division is responsible for conducting brush management (vegetation thinning) on city owned open space adjacent to privately-owned lots which are developed with "previously conforming" (legal) structures built prior to establishment of the city's first brush management regulations in 1989.

The Open Space Division conducts brush management in accordance with Section 142.0412 of the San Diego Municipal Code and the San Diego Fire-Rescue Department's Canyon Fire Safety guidelines and policies related to brush management.

Specifically, the Open Space Division will thin brush on city property only within 100 horizontal feet of a previously conforming structure unless a site-specific report, which indicates that a greater distance is necessary, is approved by the San Diego Fire-Rescue Department (per SDMC Section 142.0412(i) or a previously recorded entitlement requires a width more or less than the standard 100 feet. In no case shall new development (new structures or additions to existing structures) qualify for additional brush management on city open space beyond the 100 feet associated with a previously conforming structure. 135 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 31

EXHIBIT I
136 January 6, 2026 Item 6
7/9/2018 (rev 1/28/2020, 3/11/2020, 10/14/2025) 1439 Oribia Rd FPP Page 32

EXHIBIT J
From: Hans Schmidt <[email protected]>
Date: January 28, 2020 at 8:48:37 AM PST
To: "[email protected]" <[email protected]>
Subject: Turn Around requirement
Mr. Countryman,
The turnaround requirement for 1439 San Dieguito Dr. can be eliminated. The intersection of San Dieguito Dr. and Oribia Rd. provides the required turnaround capabilities.

If you have any further questions please contact me.

Thank you,
Hans Schmidt – Acting Fire Marshal
505 S Vulcan Ave Encinitas, CA 92024
PH. 760 633 2823
FAX 760 943 2226
[email protected]
Serving the Cities of Encinitas, Solana Beach, and Del Mar 137 January 6, 2026 Item 6
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Kseniia Izgarskaia, Senior Management Analyst
Via Ashley Jones, City Manager
DATE: January 6, 2026
SUBJECT: 2026 City Council Local and Regional Appointments REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Review the current list of Del Mar City Council regional and local appointments (Attachment A), make or reaffirm appointments for 2026, and authorize the elimination of any committees or subcommittees that are no longer deemed necessary; 2) Consider reappointment of former councilmember/resident Dwight Worden to continue to serve as the City’s representative to the METRO JPA Board through the end of 2026; and 3) Discuss whether to direct staff to return to Council with an amendment to City Council Policy 101 to better align the policy with the Council’s historical practice for local and regional appointments.

BACKGROUND:

Councilmembers represent the City on regional boards and organizations, act as liaisons to City Council advisory committees, represent the City Council on community organizations, and work on specific matters in Council subcommittees.

According to City Council Policy 101 (Attachment B), “Appointments of Councilmembers to Regional Organizations, and Local Council Committees and Subcommittees,” the Council shall “make or reaffirm both regional and subcommittee appointments” biannually, unless changes are requested by Council. Historically, the Council has reviewed and made changes to local appointments annually, which provides the Council with an opportunity to assess assignments, balance the workload of Councilmembers, and discuss whether certain City committees/subcommittees have achieved their objectives and should be disbanded.

DISCUSSION/ANALYSIS:

Council Local and Regional Appointments
To help facilitate the Council appointment process, staff has included a draft 2026 City Council Local and Regional Appointments reflecting current 2025 appointments, including any changes to meeting schedules, and vacancies as Attachment A to this agenda report. 1 January 6, 2026 Item 7
City Council Agenda Report
2026 Council Local Appointments
January 6, 2026

It should be noted that the following regional organizations pay stipends to appointed representatives: Regional Solid Waste Authority; North County Transit District; San Diego Association of Governments (SANDAG); Metropolitan Wastewater Commission; and the San Diego County Water Authority. Pursuant to regulations of the Fair Political Practices Commission (FPPC), the City is required to report this information to the FPPC annually.

It has also been the City Council’s long-standing practice for Councilmembers to abstain from voting to appoint themselves to a stipend-paying representative position.

METRO Wastewater JPA
The Metropolitan Wastewater Joint Powers Authority (METRO JPA) is a coalition of municipalities and special districts that share in the use of the City of San Diego's regional wastewater facilities. METRO JPA allows residents to serve as the City’s appointed board representative. Resident and former Councilmember Dwight Worden has been serving on METRO JPA as the Del Mar representative since 2022, with a current term expiration date on December 31, 2025. Given the depth of his knowledge and upcoming work with staff to modify the City’s agreements to reflect the City’s current use of the METRO system, it is recommended that the Council consider reappointment of Dwight Worden to serve as a representative of the City on the METRO JPA Board through the end of 2026.

It should be noted that this appointment comes with a $150 stipend per meeting.

Council Subcommittee-Civic Center Operations Guide Update Staff brought a proposed update to the Civic Center Operations Guide to City Council for consideration in January 2024 and was directed to work with a City Council Subcommittee made up of Councilmember Gaasterland and prior Councilmember Dwight Worden (whose seat is now vacant) to further refine the Guide and return to Council with recommended changes. Update of the Civic Center Operations Guide was identified as a Tier 2 City Council Priority on the Fiscal Year 2025-2026 and 2026-2027 Work Plan.

Staff recommends that the City Council discuss and make appointments as appropriate to the Subcommittee to work with staff on this work plan item in the coming calendar year.

City Council Policy 101- Appointments of Councilmembers to Regional Organizations, and Local Council Committees and Subcommittees In practice, the City Council has reviewed and updated local and regional appointments on an annual basis consistently for the last twenty years, with only a couple exceptions in 2011 and 2013. However, this practice is not totally aligned with City Council Policy 101 which states, “It shall be the policy of the City Council to make or reaffirm Council Members’ appointments to regional organizations, and local committees and subcommittees, prior to the second January meeting of City Council in odd years following an election in November of even numbered years unless requested by a Council Member regarding his/her own position.” As such, it is recommended that the City Council discuss and provide direction to staff on whether to prepare an amendment to Council Policy 101 to better align with the Council’s long standing annual practice related to Council appointments.

ATTACHMENTS:

Attachment A – Draft 2026 City Council Local and Regional Appointments Attachment B – City Council Policy 101
2 January 6, 2026 Item 7
DRAFT

DEL MAR CITY COUNCIL
2026 REGIONAL & LOCAL APPOINTMENTS
*Note: Prepared by staff for discussion purposes, reflects current 2025 Council appointments 1 CITIZEN ADVISORY COMMITTEES (Citizen Advisory Committee meeting dates and times are available on the City’s Public Meeting Calendar at https://www.delmar.ca.us/calendar.aspx?CID=14) Committee Council Liaisons
Finance Committee
Meets Quarterly John Spelich Terry Gaasterland
Measure Q Citizen Oversight Committee
Meets twice per year or as-needed Dan Quirk Terry Gaasterland(alternate) Parks & Recreation Committee
Meets Quarterly Tracy Martinez Dan Quirk (alternate)
Lagoon Committee
Meets Quarterly Terry Gaasterland John Spelich (alternate) Shores Park Master Plan Ad-Hoc Advisory
Committee
Meets As-Needed
Terry Gaasterland John Spelich
Sustainability Advisory Committee
Meets Quarterly Tracy Martinez Terry Gaasterland (alternate) Traffic and Parking Advisory Committee (TPAC)
Meets twice per year or as-needed Dan Quirk John Spelich (alternate) Undergrounding Program Advisory Committee
Meets Quarterly Terry Gaasterland John Spelich
3 January 6, 2026 Item 7
DRAFT

DEL MAR CITY COUNCIL
2026 REGIONAL & LOCAL APPOINTMENTS
*Note: Prepared by staff for discussion purposes, reflects current 2025 Council appointments 2 COUNCIL SUBCOMMITTEES (The following Council subcommittees meet to discuss specific topics or special projects and/or meet intermittently to interact with staff, as needed) Subcommittee Council Liaisons
Housing Subcommittee Terry Gaasterland Tracy Martinez
Human Resources Subcommittee Terry Gaasterland Tracy Martinez Del Mar Railroad Subcommittee
*Same liaisons as SANDAG Board Tracy Martinez Terry Gaasterland Planning Process Subcommittee (includes Sea
Level-Rise Adaptation Plan Implementation) John Spelich Terry Gaasterland Clean Water Rate Project
On Hold
Legislative Subcommittee*
* Members serve 2-year terms Terry Gaasterland TracyMartinez

COMMUNITY ORGANIZATIONS
Organization Council Liaisons
Del Mar Community Connections Tracy Martinez John Spelich Del Mar Village Association Terry Gaasterland Tracy Martinez Del Mar Non-Profits Quarterly Meetings Mayor Deputy Mayor 4 January 6, 2026 Item 7
DRAFT

DEL MAR CITY COUNCIL
2026 REGIONAL & LOCAL APPOINTMENTS
*Note: Prepared by staff for discussion purposes, reflects current 2025 Council appointments 3 REGIONAL ORGANIZATIONS
Organization Primary Alternate
Clean Energy Alliance Joint Powers Authority (JPA)
Meets last Thursday of the month at 2:00 p.m.
(Except November and December) John Spelich Terry Gaasterland CSA-17 Ambulance District Adv. Board
Meets quarterly at 4:00 p.m.
1 st Tuesday (Feb/May/Aug/Nov). This board oversees
ambulance services in Del Mar, Encinitas, Solana
Beach, and Rancho Santa Fe.

Tracy Martinez No Alternate
Fire Governance Board (Solana Beach, Del Mar,
Encinitas) Tracy Martinez John Spelich
LAFCO Cities Advisory Committee
Meets intermittently City Manager Assistant City Manager League of California Cities – San Diego Division
Meets the 2nd Monday of the month at 11:30 a.m. Mayor Deputy Mayor METRO Commission/ METRO Wastewater JPA*
Meets 1
st Thursday of the month at Noon
Dwight Worden
(resident
representative)
North County Transit District*
Meets 3rd Thursday of the month at 2:00 pm Tracy Martinez John Spelich Regional Solid Waste Association (RSWA)*
Meets quarterly at 9:00 am or as-needed John Spelich Dan Quirk San Diego County Water Authority*
Meets 4th Thursday of the month at 9:00 am
Appointed 3/12/2023
Mel Katz City Manager
San Dieguito River Valley Regional Open Space Park
(JPA) – Exec. Committee
Meets 3rd Friday of the month
11:00 a.m. usually at County Admin. Bldg.
(Usually only meets 6-8 times/year)
Terry Gaasterland Tracy Martinez
SANDAG Board of Directors*
Meets 2ndFriday at 10:30 a.m. &
4 th Friday at 9:00 a.m.

Terry Gaasterland Tracy Martinez (1st)
John Spelich (2nd)
5 January 6, 2026 Item 7
DRAFT

DEL MAR CITY COUNCIL
2026 REGIONAL & LOCAL APPOINTMENTS
*Note: Prepared by staff for discussion purposes, reflects current 2025 Council appointments 4 Organization Primary Alternate
SANDAG LOSSAN Executive Task Force Terry Gaasterland Tracy Martinez SANDAG Shoreline Preservation Working Group
Meets quarterly, 1st Thursday of the month
at 11:30 a.m.

John Spelich Terry Gaasterland (1st)
Tracy Martinez (2nd)
SANDAG Committees- Appointments by North County Coastal Region SANDAG Borders Committee*
Meets quarterly 4th Friday of the month at 1:30 p.m.

Terry Gaasterland No Del Mar Rep.

SANDAG Regional Planning Committee*
Meets on the 5th Friday of the month
(Jan/Mar/May/Jul/Oct) at 9:00 a.m.

Tracy Martinez No Del Mar Rep.
*Receives stipend.
6 January 6, 2026 Item 7

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
101

APPOINTMENTS OF COUNCIL

MEMBERS TO REGIONAL

ORGANIZATIONS, AND LOCAL

COUNCIL COMMITTEES AND

SUBCOMMITTEES
DATE REVISED: 9-15-2014
BY RESOLUTION: 2014-70
PAGES: 1 OF 1
POLICY:

It shall be the policy of the City Council to make or reaffirm Council Members’ appointments to regional organizations, and local committees and subcommittees, prior to the second January meeting of City Council in odd years following an election in November of even numbered years unless requested by a Council Member regarding his/her own position. 7 January 6, 2026 Item 7
City of Del Mar
Council Liaison Report
TO: City Council Members
FROM: Tracy Martinez, Mayor
DATE: January 6, 2026
NCTD:

Informational Report/Highlights:
1) RECEIVED AN UPDATE ON CURRENT NCTD REDEVELOPMENT PROJECTS: The North County Transit – San Diego Railroad (NCTD) Board of Directors (Board) received a status update on NCTD’s initiative to continue advancing strategic redevelopment projects. The redevelopment efforts currently in process include seven NCTD-owned sites, including the Oceanside Transit Center, Carlsbad Village Transit Station, Poinsettia Transit Station, Escondido Transit Center, and three SPRINTER stations. NCTD’s priorities for redevelopment include transit prioritization, long-term revenues, and community integration. By providing opportunities for mixed-use redevelopment, the sites will provide riders with greater amenities, active and greener community spaces, and connections to the regional transportation network. The Board expressed support for NCTD’s redevelopment efforts, highlighting the blend of both affordable and market-rate units in the proposed projects, and the involvement of local stakeholders in the development process.
2) APPROVED LABOR AGREEMENT BETWEEN NORTH COUNTY TRANSIT – SAN DIEGO RAILROAD AND THE TEAMSTERS LOCAL NO. 542 FOR MAINTENANCE EMPLOYEES: The Board approved the labor agreement between NCTD and the Teamsters Local No. 542 for Maintenance employees effective October 1, 2025 through September 30, 2030. The agreement includes general wage increases through 2030, longevity pay based on years of service for eligible employees, CalPERS pension and medical benefits, and standard benefits and employment policies generally applicable to NCTD staff.
3) APPROVED LABOR AGREEMENT BETWEEN THE NORTH COUNTY TRANSIT – SAN DIEGO RAILROAD AND THE LOCAL 1309 AMALGAMATED TRANSIT UNION

FOR ROAD SUPERVISOR/DISPATCH SUPERVISOR, OPERATIONS CONTROL SUPERVISOR, AND MAINTENANCE CLERKS: Additionally, the Board approved the labor agreement between NCTD and the Local 1309 Amalgamated Transit Union (ATU) for Road Supervisors/Dispatch Supervisors, Operations Control Supervisors, and Maintenance Clerks effective July 1, 2025 through June 30, 2030. The agreement offers general wage increases through 2030, longevity pay based on years of service for eligible 1 January 6, 2026 Item XIE
City Council Liaison Report
January 6, 2026

employees, CalPERS pension and medical benefits, and standard benefits and employment policies generally applicable to NCTD staff. 4) RECEIVED EMPLOYEE SERVICE RECOGNITION PRESENTATION: The Board received a presentation of service awards to employees with 30+ years of service to NCTD. NCTD’s Chief Executive Officer, Shawn M. Donaghy and the Board expressed their appreciation to these employees for their devoted service to NCTD over the years. 2 January 6, 2026 Item XIE