Table of Contents
2-17-2026 Regular Meeting Agenda
Item 1 - Minutes
Item 2 - 2-17-26 List of Demands Packet
Item 4 - JDB Paving Project Bid Award
Item 5 - Authorization to Apply for Grants for Shoreline Protection Project Item 6 - San Dieguito Dr Improvment MBI TO
Item 7 - Second Reading Hazardous Holes in Beach Sand Ordinance Item 8 - Interim Fire Prevention Staffing
Item 9 - 10th Street SLA Exemption
Item 10 - STR Permit Fee Adoption
Item 11 - UP Updates and UPAC Sub Presentation
Item 12 - Local Appointments Update
Item XIL - Council Liaison Report - Worden
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Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California 92014
And via teleconference
5001 W 110th St, Overland Park, KS 66211
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, February 17, 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
Christina Cameron
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting February 17, 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: February 3, 2026 Regular and Special Meeting Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
2. Ratification of List of Demands dated February 17, 2026 Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting February 17, 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. Award of Construction Contract and Related Task Orders for the Jimmy Durante Boulevard Pavement Rehabilitation Project
Recommended Action: Staff recommends that the City Council: 1) Award a $1,302,420 construction contract to Hazard Construction Engr LLC for the Jimmy Durante Boulevard Pavement Rehabilitation Project (Attachment A); 2) Award a $157,265 Task Order to Dudek for Construction Management and Inspection Services (Attachment B); 3) Award a $26,465 Task Order to NOVA Services, Inc for Geotechnical Services and Laboratory Testing (Attachment C); 4) Award a $27,200 Task Order Amendment to Michael Baker International for Engineering Construction Support (Attachment D); 5) Approve a $130,242 project contingency equal to 10% of the construction cost; and 6) Authorize the City Manager to execute the required documents and any construction change orders or task order amendments within the project contingency necessary to complete the work.
Reference: Clerk’s File No. 601-4
5. Authorization to Apply for State Grant Funds in Support of the San Dieguito Lagoon Levee, Habitat Enhancement, and Trail Project
Recommended Action: Staff recommends the City Council: 1) Adopt a Resolution authorizing the City Manager to apply for California Ocean Protection Council SB 1 Sea Level Rise Adaptation Grant Program funds (Attachment A); 2) Adopt a Resolution authorizing the City Manager to apply for State Coastal Conservancy Grant Program funds (Attachment B); and Authorize the City Manager to approve and execute all agreements and related documents necessary for both grant opportunities.
Reference: Clerk’s File No. 201-13, 1306-23
6. Task Order Amendment with Michael Baker International to Update the Phase 2 Engineering Design and Cost Estimate for the San Dieguito Drive Improvement Project in Preparation for the Bid Process
Recommended Action: Staff recommends that the City Council: 1) Approve a $16,520 Task Order Amendment (Attachment A) with Michael Baker International (MBI) to proceed with Phase 2 Design Updates and Bid Support for the San Dieguito Drive Improvement Project; 2) Approve a $5,000 contingency; and 3) Authorize the City Manager to execute the Task Order Amendment and any subsequent amendments within the contingency.
Reference: Clerk’s File No. 406-1
Del Mar City Council Regular Meeting February 17, 2026
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
7. Second Reading and Adoption of an Ordinance Amending Del Mar Municipal Code Section 8.04 to Regulate the Digging of Hazardous Holes on the Public Beach Recommended Action: Staff recommends that the City Council adopt an Ordinance (Attachment A) that would amend Chapter 8.04, Beaches, Waterways and Parks, by adding Section 8.04.100, Digging of Hazardous Holes on a Public Beach, to the Del Mar Municipal Code (DMMC) regulating the excavation of hazardous holes on Del Mar public beaches.
Reference: Clerk’s File No. 401-4, 401-9
8. Interim Fire Prevention Staffing and Amendment to Cost Sharing Agreement with the City of Solana Beach for Fire Transition Management Services Recommended Action: Staff recommends that the City Council: 1) Approve a Resolution (Attachment A) amending the Compensation Plans for Fire Employees to add a Fire Marshal position and for Miscellaneous, Part-Time, Temporary and Hourly Employees to add a Fire Prevention Technician position; 2) Approve the First Amendment to the Cost Sharing Agreement (Attachment B) with the City of Solana Beach to add provisions related to Interim Fire Prevention positions; and 3) Authorize the City Manager to negotiate and execute the final the amendment and fill interim, part-time fire prevention positions on a temporary basis.
Reference: Clerk’s File No. 1101-8
VIII. PUBLIC HEARING
9. Adoption of Resolution to Declare the City-Owned 10th Street Vacant Lot Exempt Surplus Land per Surplus Lands Act (APN 300-093-17)
Recommended Action: Staff recommends the City Council adopt a Resolution (Attachment A) to declare that the small City-owned 10th Street vacant lot within the City’s Civic Center is exempt surplus land in accordance with the Surplus Lands Act (SLA); and authorize the City Manager to file the Resolution with the California Housing and Community Development Department (HCD).
Reference: Clerk’s File No. 303-1, 1306-23
10. Approval of the Short-Term Rental Permit Fee
Recommended Action: Staff recommends that the City Council adopt Resolutions approving the Short-Term Rental (STR) Permit Fee (Attachment A) and amending credit card processing fees (Attachment B).
Reference: Clerk’s File No. 204-2, 301-19
IX. COUNCIL MEETING RECESS
X. CITY COUNCIL OTHER BUSINESS
Del Mar City Council Regular Meeting February 17, 2026
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
11. Undergrounding Program Updates and UPAC Project Efficiency Subcommittee Presentation
Recommended Action: Staff recommends the City Council receive a City staff update on the Undergrounding Program and a presentation from the UPAC Subcommittee on Project Efficiencies (Attachment A).
Reference: Clerk’s File No. 1001-2
12. Update to 2026 City Council Regional and Local Appointments Recommended Action: Staff recommends that the City Council review and approve any necessary updates to the 2026 City Council Regional and Local Appointments (Attachment A) following Councilmember Terry Gaasterland’s recent resignation from several Council liaison assignments.
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)
C. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Martinez/Spelich) D. League of California Cities – San Diego Chapter (Martinez/Spelich) E. North County Transit District (NCTD) (Martinez/Spelich) F. Regional Solid Waste Association (Spelich/Quirk)
G. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Spelich)
H. SANDAG Borders Committee (Gaasterland)
I. SANDAG Regional Planning Committee (Martinez)
J. SANDAG Shoreline Preservation Working Group
(Gaasterland/Spelich/Martinez)
K. SANDAG LOSSAN Executive Task Force (Gaasterland/Martinez) L. San Diego Metropolitan Wastewater Commission/JPA (Worden) Recommended Action: Receive Report
M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Gaasterland/Martinez)
N. Other Regional Organization Reports
XII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A. Civic Center Operations Guide Subcommittee (Spelich/Gaasterland) Del Mar City Council Regular Meeting February 17, 2026
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us B. Del Mar Community Connections (Martinez/Spelich)
C. Del Mar Village Association (Gaasterland/Martinez)
D. Finance Committee (Spelich)
E. Housing Subcommittee (Gaasterland/Martinez)
F. Human Resources Subcommittee (Gaasterland/Martinez)
G. Legislative Subcommittee (Martinez/Spelich)
H. Measure Q Citizen Oversight Committee (Quirk/Gaasterland) I. Parks and Recreation Committee (Martinez/Quirk)
J. Del Mar Railroad Subcommittee (Gaasterland/Martinez) K. Lagoon Committee (Spelich)
L. Planning Process Subcommittee (Includes Sea-Level Rise Adaptation Plan Implementation (Gaasterland/Spelich)
M. Shores Park Master Plan Ad-Hoc Advisory Committee (Gaasterland/Spelich) N. Sustainability Advisory Committee (Martinez/Gaasterland) O. Traffic and Parking Advisory Committee (Quirk/Spelich) P. Undergrounding Program Advisory Committee (Spelich)
Q. 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.
March 3, 2026
Del Mar Bluffs Stabilization Phase 5/Del Mar Bluffs Access Improvements Projects Update Sewer System Management Plan (SSMP) Update
Interviews and Appointment to the Design Review Board
Initial Consideration of EP25-049
FY24-25 Final Financial Report and FY25-26 Mid-Year Financial Report Housing Element Annual Progress Report
Watermark Del Mar - Regulatory Affordable Housing Agreement Undergrounding Program Updated Cash Flow Analysis
Del Mar City Council Regular Meeting February 17, 2026
Agenda Page 7
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 11th day of February, 2026 at approximately 2:15 p.m.
___________________________________________ 2/11/2026
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
FEBRUARY 3, 2026
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
And via teleconference
15600 Sand Canyon Ave., Irvine, CA 92618
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 Tracy Martinez called the Regular Meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor John Spelich; Councilmembers Terry Gaasterland and Dan Quirk (participated remotely and joined the meeting from approximately 4:50 p.m. to 5:15 p.m.)
CITY ATTORNEY CLOSED SESSION REPORT
Assistant City Attorney Christina Cameron reported that Councilmember Quirk was absent from the February 3, 2026, Closed Session, and there were no reportable actions or recusals.
At the direction of the City Council, City Manager Ashley Jones provided the following statement on Closed Session Item C- City Attorney Public Employment: In November 2025, the City Council directed staff to initiate a legal services solicitation process, with the full Council interviewing four potential firms on January 12, 2026. Following interviews, there has been no Council consensus as to next steps in the process. Therefore, the process will be discontinued and the existing legal services contract with attorney firm Devaney Pate Morris & Cameron will continue.
PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Martinez opened public oral communications and the following people spoke:
1) Stuart Anstis
2) Suren Dutia with two donations of time from Suresh Mahayan and Jas Grewal Mayor Martinez closed public oral communications.
Councilmember Gaasterland rebutted comments by Suren Dutia about her service and compensation as the City’s primary representative on the San Diego Association of Governments (SANDAG) Board of Directors.
1 February 17, 2026 Item 1
City Council Regular Minutes
February 3, 2026
CITY COUNCIL COMMUNITY ANNOUNCEMENTS
As the Council Liaison to the Undergrounding Program Advisory Committee (UPAC), Deputy Mayor Spelich provided a response to Councilmember Quirk’s comments at the January 20, 2026, City Council meeting regarding timing for the next Undergrounding Program update. After reviewing the September 2025 meeting recordings cited by Councilmember Quirk, Deputy Mayor Spelich confirmed that the Council did not direct staff to provide a January 2026 update as indicated by Councilmember Quirk.
Instead, Council requested updates following completion of each Crest Canyon project work zone. He reported that Crest Canyon Zone 1 construction is currently underway with an anticipated completion date in mid-March 2026. Deputy Mayor Spelich also noted that staff plans to provide an Undergrounding Program update on February 17, 2026, in advance of the Crest Canyon Work Zone 1 completion.
Councilmember Gaasterland concurred with Deputy Mayor Spelich’s understanding of the Council’s direction in September 2025, and reported that poles in Undergrounding District 1A (Stratford Court South) are starting to come down. Mayor Martinez emphasized the importance of clarifying Council misstatements for the public and staff.
Mayor Martinez reported about her positive experience at the Art of Banksy Without Limits Exhibition at the Del Mar Fairgrounds running through April 19, 2026.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the Del Mar Village Association (DMVA) quarterly power washing of the downtown sidewalks and expressed her appreciation to DMVA for their partnership and to the private donor who generously provided funding; thanked the Del Mar Foundation for their generous donation of a new sound mixing board to replace outdated equipment in the Town Hall; and introduced Interim Fire Chief Colin Stowell. Chief Stowell provided comments regarding his appointment.
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 DEPUTY MAYOR SPELICH, SECONDED BY MAYOR MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 9 AND 11. (VOTE 3-0-1, WITH
COUNCILMEMBER QUIRK ABSENT)
Ayes: Mayor Martinez; Deputy Mayor Spelich; Councilmembers Gaasterland; Noes: 0; Recused: 0;
Absent: Councilmember Quirk; Abstain: 0.
ITEM 1: APPROVAL OF MINUTES: JANUARY 20, 2026 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED FEBRUARY 3, 2026 (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.
2 February 17, 2026 Item 1
City Council Regular Minutes
February 3, 2026
ITEM 4: SECOND READING AND ADOPTION OF AN ORDINANCE TO PROCESS
ADMINISTRATIVE CORRECTIONS TO DEL MAR MUNICIPAL CODE CHAPTER
23.12, DIVISION 7 TO REFLECT ADOPTION OF THE 2025 CALIFORNIA GREEN BUILDING CODE WITH LOCAL AMENDMENTS (CLERK’S FILE NO. 401-4, 401-9) Council adopted Ordinance 1026 “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING DEL MAR MUNICIPAL CODE CHAPTER
23.12 (CALIFORNIA CODES FOR CONSTRUCTION) BY AMENDING SECTION
23.12.070, AND BY ADDING SECTION 23.12.071 TO MAKE ADMINISTRATIVE
CORRECTIONS REQUESTED BY THE CALIFORNIA BUILDING STANDARDS COMMMISSION, ALL RELATING TO THE APPLICABILITY OF THE 2025 CALIFORNIA
BUILDING STANDARDS CODE AND ASSOCIATED NATIONAL AND STATE BUILDING AND CONSTRUCTION CODES WITHIN THE CITY OF DEL MAR”, on consent.
ITEM 5: COUNCIL CONSIDERATION OF THE 2026 LEGISLATIVE POLICY GUIDELINES (CLERK’S FILE NO. 401-7, 401-8)
Council approved the City’s 2026 Legislative Policy Guidelines, on consent.
ITEM 6: ADOPTION OF A RESOLUTION TO AMEND THE STATE LANDS COMMISSION LEASE NO. 8181 FOR THE CAMINO DEL MAR BRIDGE REPLACEMENT PROJECT (CLERK’S FILE NO. 406-1)
Council adopted Resolution 2026-05 “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA APPROVING THE AMENDED GENERAL LEASE AGREEMENT NO. 8181 BETWEEN THE STATE OF CALIFORNIA STATE LANDS COMMISSION AND THE CITY OF DEL MAR” and authorized the City Manager to execute the Amendment on behalf of the City, on consent.
ITEM 7: PROPOSED ADDITION OF MANAGEMENT ANALYST POSITION TO THE FINANCE DIVISION (CLERK’S FILE NO. 501-3)
Council adopted Resolution 2026-06 “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AUTHORIZING THE ADDITION OF ONE MANAGEMENT ANALYST POSITION TO THE FINANCE DIVISION” and amended the FY 2025-2026 Operating and Capital Budget as described in the Fiscal Impact, on consent.
ITEM 8: TREASURER'S INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2025 (CLERK’S FILE NO. 102-2, 209-2)
Council received and filed the informational Treasurer’s Investment Report for the quarter ended December 31, 2025, on consent.
ITEM 9: RECOMMENDED COMPENSATION ADJUSTMENT RELATED TO THE CITY MANAGER’S PERFORMANCE EVALUATION AND SECOND AMENDMENT TO EMPLOYMENT CONTRACT (CLERK’S FILE NO. 102-8, 502-1)
Council adopted Resolution 2026-07 “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AUTHORIZING COMPENSATION ADJUSTMENT
FOR ASHLEY JONES AS CITY MANAGER FOR THE CITY OF DEL MAR AND 3 February 17, 2026 Item 1
City Council Regular Minutes
February 3, 2026
ADOPTING THE AMENDED MANAGEMENT AND PROFESSIONAL COMPENSATION PLAN” and approved the Second Amendment to the City Manager’s Employment Agreement increasing City deferred compensation contributions and life insurance benefit, on consent.
ITEM 10: ESTABLISHMENT OF SHORT-TERM RENTAL (STR) PERMIT APPLICATION PERIOD (CLERK’S FILE NO. 301-19)
Councilmember Gaasterland provided a statement regarding her recusal from participating in this agenda item. Council discussion focused on insurance questions raised in a red dot submitted by a member of the public.
IT WAS MOVED MAYOR MARTINEZ AND SECONDED BY DEPUTY MAYOR SPELICH TO ADOPT RESOLUTION 2026-04 “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO SET
TIMING FOR SHORT-TERM RENTALS (STR) PERMIT PROCESS TO FOLLOW COASTAL COMMISSION CERTIFICATION OF THE CITY’S STR ORDINANCE/LOCAL COASTAL PROGRAM AMENDMENT” (VOTE 3-0-1 WITH COUNCILMEMBER
GAASTERLAND RECUSED)
Ayes: Mayor Martinez; Deputy Mayor Spelich; and Councilmember Quirk. Noes:0; Recused: Councilmembers Gaasterland; Absent:0; Abstain: 0.
PUBLIC HEARING
ITEM 11: INTRODUCTION OF AN ORDINANCE AMENDING DEL MAR MUNICIPAL CODE SECTION 8.04 TO REGULATE THE DIGGING OF HAZARDOUS HOLES ON THE PUBLIC BEACH (CLERK’S FILE NO. 401-4, 401-9)
Management Analyst Maggie Jones provided a brief summary and overview of the agenda item. Mayor Martinez opened the public hearing. There were no public speakers. Mayor Martinez closed the public hearing. Council introduced the Ordinance, on consent.
CITY COUNCIL OTHER BUSINESS
ITEM 12: PREPARATIONS FOR 2026 CITY COUNCIL GOALS & PRIORITIES SETTING WORKSHOP (CLERK’S FILE NO. 401-1)
A presentation was provided by City Manager Jones and Administrative Services Manager/City Clerk Krietor.
Council consensus was to proceed with the format for the 2026 City Council Goals & Priorities Workshop as outlined in the agenda report and use this as the standard Goals & Priorities Workshop format moving forward. Staff would only need to return to Council in the future should staff or Council propose to deviate from the standardized format.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on SANDAG Board of Directors, DMVA, SANDAG Regional Planning Committee; and SANDAG LOSSAN Executive Taskforce. 4 February 17, 2026 Item 1
City Council Regular Minutes
February 3, 2026
ADJOURNMENT
Mayor Martinez adjourned the meeting at 5:33 p.m.
Sarah Krietor, Administrative Services Manager/
City Clerk
5 February 17, 2026 Item 1
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
FEBRUARY 3, 2026
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California 92014
CALL TO ORDER
Mayor Tracy Martinez called the meeting to order at 3:00 p.m.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor John Spelich; and Councilmember Terry Gaasterland. Absent: Councilmember Dan Quirk
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) Public Employee Performance Evaluation
Title: City Manager
Authority: Government Code Section 54957
Reportable Action: None.
C) Public Employment
Title: City Attorney
Authority: Government Code Section 54957
Reportable Action: None.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 4:20 p.m.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
6 February 17, 2026 Item 1
Vendor Payment Checks $ 646,057.84
Voids -
Electronic Fund Transfers (EFT) 753,914.99
Electronic Wires 200,337.88
Total $ 1,600,310.71
Approved by: Approved by:
Marco Camacho Tracy Martinez
Finance Manager/Treasurer Mayor
Date: Date:
Attachments: Check Registers
LIST OF DEMANDS
CITY OF DEL MAR
for
City Council Meeting
February 17, 2026
2/9/26
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Karen Falk, Principal Engineer
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: February 17, 2026
SUBJECT: Award of Construction Contract and Related Task Orders for the Jimmy Durante Boulevard Pavement Rehabilitation Project
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council:
1) Award a $1,302,420 construction contract to Hazard Construction Engr LLC for the Jimmy Durante Boulevard Pavement Rehabilitation Project (Attachment A); 2) Award a $157,265 Task Order to Dudek for Construction Management and Inspection Services (Attachment B);
3) Award a $26,465 Task Order to NOVA Services, Inc for Geotechnical Services and Laboratory Testing (Attachment C);
4) Award a $27,200 Task Order Amendment to Michael Baker International for Engineering Construction Support (Attachment D);
5) Approve a $130,242 project contingency equal to 10% of the construction cost; and 6) Authorize the City Manager to execute the required documents and any construction change orders or task order amendments within the project contingency necessary to complete the work.
BACKGROUND:
In 2024, the City completed a comprehensive pavement condition assessment and prepared a five-year Pavement Management Plan (PMP) that created guidelines and a strategic approach to prioritize street repairs and guide funding decisions. Pavement network conditions are measured through the Pavement Condition Index (PCI), which is a numerical rating system used to assess the condition of a pavement segment based on visible surface distress.
1 February 17, 2026 Item 4
City Council Agenda Report
Award of Construction Contract and Task Orders for the Jimmy Durante Boulevard Pavement Rehabilitation Project
February 17, 2026
The highest possible PCI score is 100 (Excellent) and lowest possible PCI score is 0 (Failed).
The citywide weighted PCI was determined to be 76, which is an overall “Good” condition rating. Del Mar’s PCI is comparatively higher than many of its neighboring jurisdictions, including the cities of San Diego (63) and Solana Beach (73). The City Council committed to funding a minimum of $750,000 annually in street repairs with the goal of increasing the City’s weighted PCI to 80.5 by the end of a five-year period in 2029.
As identified in the PMP, Jimmy Durante Boulevard’s PCI ranges from 49 to 62, and most of the pavement has a “Poor” condition rating. Due to its low PCI and high vehicular, pedestrian, and bicycle usage, staff recommended pavement improvements to Jimmy Durante Boulevard (JDB) be prioritized early in the PMP schedule and funding was included in the Fiscal Year (FY) 2025-2026 budget to complete the project.
The project will complete pavement and traffic striping improvements to JDB between the San Dieguito River Bridge and the southern side of its intersection with Via de la Valle. This road segment is approximately three quarters of a mile and ranges in width from 40 feet to 112 feet. It includes multiple lanes in each direction, dedicated turn lanes, a striped median, and northbound and southbound bicycle lanes.
DISCUSSION/ANALYSIS:
In accordance with the City’s Municipal Code and Public Contract Code, Public Works staff facilitated a competitive public bidding process, which was initiated with an advertised Notice of Inviting Bids (NIB) on December 23, 2025. Staff held a public bid opening on January 28, 2026, and received eight (8) bids ranging from $1,302,420 to $1,885,411 as shown in Table A below.
Table A: Bid Results
Bidder Name Bid Amount
Hazard Construction Engr LLC $1,302,420
Eagle Paving LLC $1,336,700
Romero General Construction $1,371,371
RJ Noble Company $1,499,520
Calmex Engineering $1,548,365
TC Construction $1,812,670
LCR Earthwork $1,862,300
Southland Paving Inc. $1,885,411
For Reference: Engineer’s Estimate $2,755,000
Public Contract Code Section 20162 requires that the City award the contract to the lowest responsive and responsible bidder. Staff evaluated Hazard Construction Engr LLC (Hazard)’s bid of $1,302,420 (Attachment E) and determined it to be the lowest responsive and responsible bidder. Staff has validated the bid, ensured the contractor has capacity to complete the project, and recommends awarding the construction contract to Hazard. 2 February 17, 2026 Item 4
City Council Agenda Report
Award of Construction Contract and Task Orders for the Jimmy Durante Boulevard Pavement Rehabilitation Project
February 17, 2026
Bids received were much lower than the engineer’s estimate of $2,755,000, resulting in significant General Fund savings totaling approximately $1,800,000 that can be reallocated to other Capital Improvement Program projects. Staff will be reviewing other needed pavement improvements or opportunities to accelerate pavement work that has already been identified for future years to recommend to the Council for consideration during the upcoming Goals & Priorities Workshop.
Staff investigated the inconsistency between the engineer’s estimate and the bid results by reaching out to the San Diego Public Works contracting community and received consistent feedback that a recent slowdown in Federal Public Works Project spending has forced local contractors to lower/eliminate profit margins to stay in business. MBI’s unit cost information from prior bids preceded the recent Federal spending slowdown. Therefore, even though the engineer’s estimate was higher than the bid results, the strong response from eight reputable contractors supports staff’s recommendation to award the contract to Hazard as the lowest responsive bidder.
In addition, staff recommends issuing a $157,265 Task Order to Dudek for Construction Management and Inspection Services (Attachment B); a $26,465 Task Order to NOVA for Geotechnical Services (Attachment C); and a $27,200 Task Order Amendment to Michael Baker International (MBI) for Engineering Support Services during construction (Attachment D). These task orders will provide specialty oversight of field activities to ensure that the City receives a product that meets quality expectations and is completed on time. The City has as-needed agreements in place with Dudek, NOVA, and MBI, who will bill hourly for the services provided up to the not-to-exceed limit established in the task orders.
The total estimated project cost through project completion is $1,706,741 as shown in Table B below. This amount includes a contingency of $130,242 for change orders due to unforeseen field conditions or other unanticipated costs during construction.
Table B: Project Expenditures
Funding for the project has been included in the adopted FY 2025-2026 Operating and Capital Budget. A total of $3.5 million was allocated to the project from several funding sources, including the General Fund, SB-1, TransNet, Measure Q, State and Local Fiscal Recovery Funds (SLFRF), and Regional Transportation Congestion Improvement Program (RTCIP).
AMOUNT
Engineering Design (MBI) – previously approved $57,300
Construction (Hazard Construction Engineering) $1,302,420 Construction Management (DUDEK) $157,265
Engineering Support Services (MBI) $27,200
Geotechnical Observation and Materials Testing (NOVA) $26,465 Construction Contingency (10%) $130,242
Total Project Cost $1,700,892
3 February 17, 2026 Item 4
City Council Agenda Report
Award of Construction Contract and Task Orders for the Jimmy Durante Boulevard Pavement Rehabilitation Project
February 17, 2026
Table C: Project Funding
FUNDING SOURCE TOTAL
PROJECT
FUNDING
ANTICIPATED
PROJECT
EXPENDITURE
General Fund $2,209,040 $409,932
SB-1 Road Maintenance and
Rehabilitation Account
$307,150 $307,150
TransNet $649,000 $649,000
Measure Q $136,500 $136,500
State and Local Fiscal Recovery Funds
(SLFRF)
$162,310 $162,310
Regional Transportation Congestion
Improvement Program (RTCIP)
$36,000 $36,000
TOTAL $3,500,000 $1,700,892
Pending City Council approval and contract execution, a Notice to Proceed will be issued for the project. Construction is estimated to be completed by June 2026 before the San Diego County Fair and opening day of the Del Mar Thoroughbred Club’s Summer Race Season.
FISCAL IMPACT:
Council approval of the recommended action will authorize up to $1,700,892 in project expenditures.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
The Pavement Rehabilitation Project is a Tier 1 City Council priority item.
ATTACHMENTS:
Attachment A – Contract with Hazard Construction Engr LLC for the Jimmy Durante Boulevard Pavement Rehabilitation Project
Attachment B – Task Order with DUDEK for Construction Management and Inspection Services
Exhibit A - DUDEK Scope of Work and Fee
Attachment C – Task Order with NOVA for Geotechnical Services Exhibit A – NOVA Scope of Work and Fee
Attachment D – Task Order Amendment with Michael Baker International for Engineering Services during Construction
Exhibit A – Michael Baker International Scope of Work and Fee Attachment E – Hazard Construction Engr LLC’s Bid
4 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
This Construction Contract (“Contract”) is made and entered into by and between the City of Del Mar, a municipal corporation, hereinafter referred to as the "City," and Hazard Construction Engr LLC hereinafter referred to as the “Contractor” (collectively “Parties”).
RECITALS
WHEREAS, the City requires a general contractor to construct a Public Works project generally described as the Jimmy Durante Boulevard Pavement Rehabilitation Project hereinafter referred to as the “Project.”
WHEREAS, the Contractor represents itself as possessing the necessary skills and qualifications to construct the Project required by the City and possesses the required contractor’s license of the appropriate classifications.
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, and in consideration of the payments and agreements hereinafter mentioned, the Parties agree as follows:
1. CONTRACTOR'S OBLIGATIONS.
1.1 Contractor shall perform the scope of work shown in the Attachment A hereinafter referred to as the “Work”, as such term is defined by the Standard Specifications for Public Works Construction, latest version (GREENBOOK).
1.2 The Contractor agrees, at the Contractor's own proper cost and expense, to do all the Work and furnish all the materials, except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete the Work in a good, workmanlike and substantial manner and to the satisfaction of the City.
1.3 Said Work shall be performed in accordance with the Contract Specifications, Drawings, and Provisions annexed hereto; and in connection with the Reference Standards below:
Standard Edition
Standard Specifications for Public Works Construction (“The GREENBOOK”)
2021
San Diego Regional Standard Drawings 2022
1.4 The Contractor shall maintain throughout the full term of this Contract all professional certifications and licenses required in order to comply with all City, State, and Federal laws in the performance of this Contract.
1.5 The Contractor shall pay wages to the Contractor's employees according to the current "General Prevailing Wage Rates" issued by the Department of Industrial Relations of the State of California. Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor, from Director of the Department of Industrial Relations. These rates are available online with the California Department of Industrial Relations (www.dir.ca.gov). The Contractor shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum. The Contractor shall comply with the provisions of Sections 1725.5, 1771, 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, 1813, and 1815 of the Labor Code.
ATTACHMENT A 5 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
1.6 The Contractor shall register with the Department of Industrial Relations (DIR) in accordance with California Labor Code sections 1771.1 and 1725.5 and the Contractor shall be subject to compliance monitoring and enforcement by DIR in accordance with California Labor Code section 1771.4.
1.7 Pursuant to and subject to the provisions of Section 1775 of the Labor Code, Contractor shall forfeit to City, as a penalty, the sum of up to two-hundred dollars ($200) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any Work done under this Contract, by it or by any subcontractor under it, in violation of the provisions of the Contract.
2. SECURITY FOR CONTRACTOR'S PROMISE TO PERFORM.
2.1 For contracts above $25,000, the Contractor shall post and maintain during the full term of this Contract security for Contractor's promise to perform this Contract in the following forms and amounts:
A. The amount of the performance security shall be 100% of bid amount.
B. The form of the security shall be one of the following:
1. Cash;
2. Cashier's check made payable to the City;
3. A certified check made payable to the City;
4. A bond, executed by an approved surety insurer using the Performance Bond form found herein or a substitute form acceptable to and approved by the City, made payable to the City; or
5. The Contractor may elect to deposit securities of a value equivalent to the amount of the performance security in accordance with the provisions of section 22300 of the Public Contract Code. The City will make the final determination as to the value of the posted securities.
2.2 The City shall retain five percent (5%) of each payment due the Contractor under this Contract until completion and acceptance of the Project. The Contractor may elect to deposit securities of a value equivalent to the retention in accordance with the provisions of Section 22300 of the Public Contract Code and thereby become entitled to receive one hundred percent (100%) of the payments, without retention. The City will make the final determination as to the value of the posted securities. The amount of retention withheld may be reduced, or a portion of withheld retention may be returned, at the sole discretion of the City.
2.3 For contract amounts above $25,000, the Contractor shall file a payment bond using the Payment Bond form found herein or a substitute form acceptable to and approved by the City, in the amount of 100% of bid amount, with and subject to the approval of the Director of Public Works in accordance with Civil Code section 3247.
3. CONTRACT AMOUNT AND SCHEDULE.
3.1 The City agrees to pay and the Contractor agrees to receive and accept the prices set forth in the Bid Schedule attached hereto as Attachment B and incorporated by reference as full compensation for furnishing all materials, performing all work, and ATTACHMENT A 6 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
3.2 Contractor agrees to complete the Work on Jimmy Durante Boulevard Pavement Rehabilitation Project in a time period not to exceed SEVENTY FOUR (74) calendar days per Section 6-3 of the Standard Specifications for Public Works Construction (GREENBOOK), commencing upon the date stated in the Notice To Proceed issued by the City. Construction shall not commence until the City has approved bonds and insurance.
4. TERMINATION OF CONTRACT.
In the event of the Contractor's failure to prosecute, deliver, or perform the Work as provided for in this Contract, the City may terminate this Contract by notifying the Contractor by certified mail of said termination.
5. STATUS OF THE CONTRACTOR.
The Contractor shall perform the services provided for herein in a manner of Contractor's own choice, as an independent Contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project.
However, Contractor shall confer with the City as required to perform this Contract.
6. SUBCONTRACTING.
The Contractor’s ability to subcontract is limited by and must comply with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code sections 4100 et seq. If the Contractor subcontracts any of the Work to be performed under this Contract, the Contractor shall be as fully responsible to the City for the acts and omissions of the Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the Contract shall create any contractual relations between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor by the terms of the Contract applicable to Contractor's Work unless specifically noted to the contrary in the subcontract in question approved in writing by the City.
7. ASSIGNMENT OF CONTRACT.
The Contractor has no authority or right to assign this Contract or any part thereof or any monies due thereunder to any other party without first obtaining the prior written consent of the City.
ATTACHMENT A 7 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
8. VERBAL AGREEMENT OR CONVERSATION.
No verbal agreement or conversation with any officer, agent or employee of the City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle the Contractor to any additional payment whatsoever under the terms of this Contract.
9. DISPUTES.
9.1 If a dispute should arise regarding the performance of this Contract, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the Contract, shall be reduced to writing by the complaining party. A copy of such documented dispute shall be forwarded to the other party involved along with recommended methods of resolution which would be of benefit to both parties. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter.
9.2 If the dispute is not resolved, the aggrieved party shall send a letter outlining the dispute to the City to be resolved.
9.3 If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them at law.
9.4 Pursuant to Public Contract Code Sections 20104 and 9204, a claim by the Contractor for a time extension; payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or an amount the payment of which is disputed by the City, shall be dealt with as follows:
A. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims.
B. For all claims, pursuant to Public Contract Code Sections 20104 and 9204:
1. City shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. City shall identify the disputed and undisputed portion(s) of the claim in the written response. If City fails to issue a written statement, the claim is rejected in its entirety.
2. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant.
ATTACHMENT A 8 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
3. The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
4. Pursuant to Public Contract Code section 9204, any payment on any undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement.
C. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen (15) days of receipt of the City's response or within fifteen (15) days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand sent by registered or certified mail, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days after the meet and confer conference, City shall prepare a written statement describing portions of the claim in dispute and the portions of the claim that are disputed. Mediation Prerequisite: If following the meet and conference the claim or any portion remains in dispute, the parties agree that as a condition precedent to the initiation of litigation, the parties shall submit to non-binding mediation. The parties shall mutually agree to a mediator within ten (10) business days after the City’s response following the meet and confer conference. The parties shall make reasonable attempts to mediate within thirty (30) days of the meet and confer conference. Mediation shall be subject to the following rules:
1. The mediation process shall be administered by a neutral organization agreed to by the parties and shall be confidential subject to Evidence Code Sections 1115 –1128 and 1152.
2. The costs for mediation will be shared equally by all parties. The expenses of witnesses shall be paid by the party producing such witnesses.
3. A single mediator shall be selected to mediate the dispute. At least ten (10) days before a scheduled session, each party shall provide the mediator a brief memorandum setting forth its position about the issues that need to be resolved. The brief shall be mutually exchanged between the parties. At the mediation session, the parties will be expected to produce required information for the mediator to understand and evaluate the issues presented.
4. The mediation process shall be considered terminated when: (1) in the mediator’s judgment, further efforts at mediation would not contribute to a resolution of the dispute between the parties; or, (2) by the execution of Settlement Agreement, which may be used as the basis for change order or other directive as appropriate; or, (3) written declaration of a party that it will no longer participate in further mediation proceedings.
D. If mediation is unsuccessful, as a prerequisite to filing suit, the Contractor must file a claim pursuant to Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of the Government ATTACHMENT A 9 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
Code. For purposes of those provisions, the period of time within which a claim must be filed shall begin from the time the claimant submits his or her written claim pursuant to subsection A until the time the claim is denied, including any period of time utilized by the meet and confer conference.
A civil action filed to resolve a claim subject to Section 9.4 of this Contract shall be subject to the provisions of Public Contract Code Sections 20104.4 and 20104.6.
10. HOLD HARMLESS.
10.1 The Contractor agrees to indemnify and hold the City; the City's officers, officials, employees and agents; the Engineer; and the Engineer’s officers, officials, employees and agents (together, the “City Indemnified Parties”), harmless from, and against any and all liabilities, claims, demands, causes of action, losses, suit damage, expenses and costs, including all costs of defense, expense costs and investigation expenses thereof, arising out of, or in any manner connected directly or indirectly to the acts, omissions or performance of Work by the Contractor or Contractor’s agents, employees, subcontractors, officials, officers or representatives. Upon demand, Contractor shall, at its own expense, defend the City Indemnified Parties from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs, regardless of whether or not such a claim, loss or liability is caused in part by a party indemnified hereunder.
10.2 By inspecting, approving or accepting the improvements, City shall not have waived the protections afforded herein to the City Indemnified Parties or diminished the obligation of Contractor, who shall remain obligated in the same degree to indemnify and hold the City Indemnified Parties harmless as provided above.
10.3 Contractor's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the City Indemnified Parties’ sole active negligence or willful misconduct.
11. RESPONSIBILITY FOR DAMAGE.
11.1 The Contractor shall obtain and maintain in full force and effect during the life of the Contract, and for five years thereafter, contractual liability insurance for bodily injury liability and property damage liability assumed by the Contractor of all claims and lawsuits against the Contractor and his/her subcontractors arising out of or in connection with the Work to be performed. Such insurance as is afforded by the policy to the Contractor for Contractual Property Damage Liability Insurance shall include coverage for property damage caused by blasting, collapse, structural injuries or damage to underground utilities. The policy shall not contain the so-called "x" "c" "u" exclusions.
11.2.1 Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence with an aggregate of $4,000,000. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
ATTACHMENT A 10 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
11.2.2 Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
11.2.3 Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
11.2.4 Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
11.3 If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
11.4 Evidence of insurance including Commercial General Liability, Workers’ Compensation, and Automobile Liability in compliance with the above requirements shall be furnished to the City by Certificate of Insurance. Such Certificate of Insurance shall be furnished prior to the commencement of Work under the Contract. The insurance policy shall provide that the policy shall remain in force during the life of this Contract and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to City from the insurance company.
11.5 Such insurance shall be issued by a company or companies approved by the City, licensed and listed with "Insurance Organizations Authorized by the Insurance Commissioner to Transact the Business of Insurance in the State of California," and shall have a rating of A- or better.
11.6 Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude the City from taking such other actions as is available to it under any other provision of this Contract or otherwise in law.
11.7 The Contractor shall arrange for the policies to be so conditioned as to cover the performance of any changes or extra Work which may be required under the Contract.
11.8 The costs of this insurance shall be considered as included in the prices paid for the various Contract items of Work and no additional compensation will be allowed, therefore.
11.9 The Contractor shall either: (1) require each of its subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified, or (2) insure the activities of its subcontractors in its own policy in like amount.
11.10 The Contractor's policies shall contain an Additional Insured Endorsement naming as additional insured the City and its officers, consultants, agents, volunteers, and employees while on the Project and acting within the scope of their duties. For any claims related to the Project, Contractor’s insurance coverage shall be primary and nonATTACHMENT A 11 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
contributory insurance as respects City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
11.11 Prior to commencement of Work under this Contract, the Contractor shall furnish endorsements from each of the insurance companies.
11.12 The Contractor shall reimburse the City and the Engineer for all costs and expenses, including attorney's fees, incurred by said City and the Engineer, in enforcing the provisions of Section 11 of this Contract.
12. NOTICES.
Any notices to be given under this Contract, or otherwise, shall be served by certified mail and addressed and delivered as listed below:
City of Del Mar Hazard Construction Engr LLC
Attn: City Clerk Attn: Jason A. Mordhorst, President
1050 Camino del Mar 10529 Vine Street
Del Mar, CA 92014 Lakeside, CA 9240
[email protected] [email protected]
13. LIQUIDATED DAMAGES; EXTENSION OF TIME.
In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000) per day for each calendar day completion is delayed beyond the time allowed pursuant to paragraph 3 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of CONTRACTOR, including delays caused by CITY.
CONTRACTOR is required to promptly notify CITY of any such delay.
14. PERFORMANCE.
The City hereby promises and agrees with the Contractor to employ, and does hereby employ the Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, and in the manner and upon the conditions hereinafter set forth, and the City and the Contractor for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.
15. CONTRACT AUTHORITY OVER PROPOSAL.
It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the Bid or Proposal of the Contractor, then this instrument shall control, and nothing herein shall be considered as an acceptance of the said terms of said Proposal conflicting herewith.
16. CONTRACT DOCUMENTS.
ATTACHMENT A 12 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
The Contract consists of the following documents, all of which are component parts of the Contract as if herein set out in full, or attached hereto:
1. Notice Inviting Bid(s)
2. Information and Instructions for Bidders
3. Proposal
4. Contract
5. Worker's Compensation Certificate
6. Performance Bond
7. Payment Bond
8. Modifications to the Standard Specifications: General Provisions, Construction Materials, Construction Methods, Existing Improvements, Temporary Traffic Control, Landscaping and Irrigation, and Special Provisions
9. Plans & Standard Drawings, Approved Submittals, Exhibits, and Site Photos
10. Addenda and approved Change Orders
All the above-named Contract Documents are intended to be complementary. The Work required by one of the above-named documents and not by others shall be performed as if required by all. Any conflicts in terms or requirements of any of the Contract Documents shall be determined by the order of precedence set forth in the GREENBOOK.
17. ATTACHMENTS.
The following Contract Documents are attached hereto:
A. Scope of Work
B. Proposal/Bid Schedule/Schedule of Values
C. Worker's Compensation Certificate
D. Performance Bond
E. Payment Bond
18. NON-DISCRIMINATION.
18.1 Contractor shall ensure that Contractor and its Subcontractors shall not deny the Contracts’ benefits to any person on the basis of race, color, religion, ancestry, familial status, national origin, genetic information, ethnic group identification, marital status, age, gender, gender identity, gender expression sex, sexual orientation, source of income, age, medical condition, physical handicap or disability, mental disability, political affiliation, military or veteran status, or position in a labor dispute, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, color, religion, national origin, ethnic group identification, ancestry, familial status, genetic information, physical handicap or disability, mental disability, medical condition, marital status, age, gender, gender identity, gender expression, sex, sexual orientation, source of income political affiliation, military or veteran status, or position in a labor dispute. The Contractor shall ensure and its Subcontractor shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
18.2 The Contractor shall ensure that the Contractor and its Subcontractors shall comply with the applicable provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.), the regulations promulgated thereunder (Title 2, California Code of Regulations, section 7285.0 11000 et seq.) the provisions of Article 9.5, Chapter 1, Part ATTACHMENT A 13 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
1, Division 3, Title 2 of the Government Code (sections 11135-11139.85) and any regulations promulgated thereunder.
18.3 The Contractor shall ensure that the Contractor and its Subcontractors shall not knowingly give preferential treatment of any kind whatsoever in connection with any business transaction related to the Contract to any of its affiliates or to any business enterprise in which the Contractor has any financial interest, but in such business transactions shall deal at all times with such affiliates and enterprises on the same basis as though the Contractor were dealing with any other parties.
18.4 The Contractor shall ensure that the Contractor and its Subcontractors shall, with respect to the Contract, give written notice of their obligations under this section to labor organizations representing employees of the Contractor and any contractor or subcontractor performing work on the Contract which have a collective bargaining or other contract with the Contract, such contractor or subcontractor.
18.5 The Contractor shall ensure that the Contractor and its subcontractors shall include the provisions of this section in all subcontracts to perform work with respect to the Contract.
19. CALIFORNIA LAW; VENUE/MISCELLANEOUS.
This Contract 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 Contractt shall be brought in the County of San Diego, California. Contractor hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION AND CONTROL ACT OF 1986.
Contractor certifies that Contractor 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 Contract.
21. NO WAIVER.
No failure of either the City or the Contractor t to insist upon the strict performance by the other of any covenant, term or condition of this Contract, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Contract shall constitute a waiver of any such breach of such covenant, term or condition.
22. SEVERABILITY.
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
23. CONFLICTS BETWEEN TERMS.
If an apparent conflict or inconsistency exists between the main body of this Contract and the Exhibits, the main body of this Contract shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Contract, ATTACHMENT A 14 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Contracts, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Contract.
24. 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.
25. CONTRACT REQUIREMENTS UNDER FEDERAL AWARDS
25.1 If this Contract is purchased under federal funds, additional provisions shall apply as described in Appendix II to 2 CFR §200 – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, and are hereby incorporated by reference.
25.2 If this Contract is purchased under federal-aid funds, additional provisions shall apply as described in Federal Highway Administration (FHWA) Form 1273, and are hereby incorporated by reference.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract, which will be effective as of the date of the City’s execution of the Contract listed below.
CITY OF DEL MAR, HAZARD CONSTRUCTION ENGR LLC
a municipal corporation a California Corporation
By: By:
Ashley Jones, City Manager Jason A. Mordhorst, President Date: Date:
APPROVED AS TO FORM:
Christina Cameron, City Attorney
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
ATTACHMENT A 15 February 17, 2026 Item 4
ATTACHMENT A – SCOPE OF WORK (PLANS AND SPECIFICATIONS AS PROVIDED
IN APPENDIX A)
ATTACHMENT A 16 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
ATTACHMENT B – CONTRACTOR’S PROPOSAL/BID SCHEDULE
ATTACHMENT A 17 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
ATTACHMENT A 18 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
ATTACHMENT C - WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the Labor Code provides in part as follows:
"Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.” I hereby certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
CONTRACTOR'S NAME:
ADDRESS:
BOND NO.(optional):
ATTACHMENT A 19 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
SIGNATURE:
PRINT NAME/TITLE OF SIGNER: _____ __________
DATE:
ATTACHMENT A 20 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
BOND NO._____________________
ATTACHMENT D - PERFORMANCE BOND
WHEREAS, the City of Del Mar, a Charter City and municipal Corporation (“City”) on the _____ day of ________, 20___, awarded to [Name of Contractor] (“Principal”) a contract for the work described as Jimmy Durante Boulevard Pavement Rehabilitation Project; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.
NOW THEREFORE, We, the Principal and _________________________________ duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of ________________________________ Dollars ($......................) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements, in the said contract and any alteration thereof made as therein provided, on his, her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications.
In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation costs and expenses incurred by City in such suit, including attorney's fees, court costs, expert witness fees and investigation expenses.
IN WITNESS WHEREOF, identical counterparts of this
instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ________, 20___.
ATTACHMENT A 21 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
SURETY PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
By:
(Name)
(Title)
Signature of Attorney-in-Fact
NOTE: (a) Signature of those executing for Surety must be properly acknowledged. (b) The Attorney-in-fact must attach a certified copy of the Power of Attorney.
ATTACHMENT A 22 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF )
On, ________________________before me ____,
a notary public in and for said County and State, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to within this instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on this instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT A 23 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
BOND NO._____________________
ATTACHMENT E - PAYMENT BOND
WHEREAS, the City of Del Mar, a Charter City and municipal Corporation (hereinafter designated as City), on day of , 20 awarded to:
_________________________________________________________________ (hereinafter designated as the Principal) a contract for the work described as follows:
JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT WHEREAS, said Principal is required by Chapter 5, Title 3, Part 6, Division 4 (including, specifically, Section 9550) of the California Civil Code to furnish a bond in connection with said contract.
NOW THEREFORE, We, the Principal, and duly
authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money of the United States, said sum being not less than one hundred percent (100%) of the estimated amount payable by City under the terms of the abovereferenced contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, pursuant to Section 9554 of the California Civil Code, if said principal, hers/his/its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the California Revenue and Taxation Code, with respect to such work and labor, the surety or sureties will pay for the same in an amount not exceeding the sum hereinabove specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
This Bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the ATTACHMENT A 24 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond, and that his bond be construed most strongly against the surety and in favor of all persons for whose benefit such bond is given, by reason of any breach of contract between the City and Principal or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the California Civil Code, and has not been paid the full amount of his claim. Surety hereby waives notice of any such change, extension of time, addition, alteration or modification herein mentioned.
This bond is executed by Surety to and shall comply with the provisions of Chapter 5, Title 3, Part 6, Division 4 of the Civil Code and of Chapter 2, Title 14, Part 2 of the Code of Civil Procedure and said bond shall be subject to all of the terms and provisions thereof.
IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the day of , 20 .
SURETY PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
By:
(Name)
(Title)
Signature of Attorney-in-Fact
(Attach required acknowledgements)
ATTACHMENT A 25 February 17, 2026 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND HAZARD CONSTRUCTION ENGR LLC
FOR JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF )
On, ________________________before me ____,
a notary public in and for said County and State, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to within this instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on this instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT A 26 February 17, 2026 Item 4
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us February 17, 2026
Dudek SENT VIA EMAIL
Attn: Joseph Monaco
687 S. Coast Highway 101, Suite 110
Encinitas, CA 92024
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR THE JIMMY DURANTE BLVD PAVEMENT REHABILITATION PROJECT– (ACCOUNT 40.7000.7009) This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Construction Management and Inspection Services Agreement between the City of Del Mar and Dudek (Consultant), the term for which is October 21, 2024, to October 27, 2027.
Consultant shall execute tasks related to the Jimmy Durante Blvd Pavement Rehabilitation Project as described in the Consultant’s proposal included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $157,265 unless a task order amendment is authorized by the City Manager for extended consulting services. The project schedule shall commence upon execution of this Task Order/Notice to Proceed, and shall be completed by June 30, 2026, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.
The primary contact for this Task Order and invoicing is Karen Falk, Principal Engineer, who can be reached at [email protected] and 858-375-9533. Please sign and return a copy of this Task Order electronically through OneSpan, the City’s electronic document routing program. Please contact Senior Management Analyst Kseniia Izgarskaia at [email protected] or (858) 375-9560 with any questions about executing this Task Order.
Approved by: Accepted by:
City of Del Mar Dudek
_____________________________________ _______________________________________ Ashley Jones Date Joseph Monaco Date
City Manager President/CEO
cc: Joe Bride, Public Works Director
Karen Falk, Principal Engineer
Polly Robertson, Management Analyst
Exhibit A: Dudek Services Scope of Work
ATTACHMENT B
27 February 17, 2026 Item 4
Task Description LABOR HOURS LABOR HOURS LABOR HOURS LABOR SUBTOTAL DIRECT COSTS TOTAL BUDGET Team Member
Dudek
Construction Manager Dudek Inspector
Dudek
Labor Compliance
Billable Rate $185.00 $165.00 $130.00
1.0 Preconstruction Services
1.1 Preconstruction Meeting 4 0 2 $ 1,000 $ - $ 1,000
Task 1 Subtotal: 4 0 2 $ 1,000 $ - $ 1,000
2.0 Construction Services (75 Working Days)
2.1 Project Management 75 0 0 $ 13,875 $ - $ 13,875
2.2 Daily Inspection and Reports 0 640 0 $ 105,600 $ - $ 105,600
2.3 Progress Meetings 12 0 0 $ 2,220 $ - $ 2,220
2.4 RFI Processing 10 0 0 $ 1,850 $ - $ 1,850
2.5 Submittal Processing 20 0 0 $ 3,700 $ - $ 3,700
2.6 Progress Payments 8 0 0 $ 1,480 $ - $ 1,480
2.7 Labor Compliance 0 0 65 $ 8,450 $ - $ 8,450
2.8 Change Orders 40 0 0 $ 7,400 $ - $ 7,400
Task 2 Subtotal: 165 640 65 $ 144,575 $ - $144,575
3.0 Project Completion and Closeout (1 month)
3.1 Punch list and Record Drawings 0 40 0 $ 6,600 $ - $ 6,600
3.2 Prepare Final Change Order and Payment 20 0 0 $ 3,700 $ - $ 3,700
3.3 Prepare Closeout Documents and Turnover Electronic Project Files 4 0 5 $ 1,390 $ - $ 1,390 Task 3 Subtotal: 24 40 5 $ 11,690 $ - $ 11,690
$ 157,265
Hours Total 193 680 72
Hours per week Avg. 13 43 4
City of Del Mar
Our proposed fee is based on a 75 working day project duration project with 1 month of closeout. Dudek will bill only actual hours worked per day on a time and material basis.
NOT-TO-EXCEED GRAND TOTAL:
DUDEK - FEE ESTIMATE
1/28/2026
Construction Management and Inspection Services for Jimmy Durante Blvd Pavement Rehabilitation Project
EXHIBIT A
28 February 17, 2026 Item 4
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us February 17, 2026
NOVA Services, Inc. SENT VIA EMAIL
Attn: Danny J. Barnett, President
4373 Viewvridge Avenue, Suite B
San Diego, CA 92123
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR THE JIMMY DURANTE BLVD PAVEMENT REHABILITATION PROJECT– (ACCOUNT 40.7000.7009) This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Geotechnical Services Agreement between the City of Del Mar and NOVA Services, Inc. (Consultant), the term for which is November 19, 2022, to November 19, 2027.
Consultant shall execute tasks related to the Jimmy Durante Blvd Pavement Rehabilitation Project as described in the Consultant’s proposal included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $26,465 unless a task order amendment is authorized by the City Manager for extended consulting services. The project schedule shall commence upon execution of this Task Order/Notice to Proceed, and shall be completed by June 30, 2026, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.
The primary contact for this Task Order and invoicing is Karen Falk, Principal Engineer, who can be reached at [email protected] and 858-375-9533. Please sign and return a copy of this Task Order electronically through OneSpan, the City’s electronic document routing program. Please contact Senior Management Analyst Kseniia Izgarskaia at [email protected] or (858) 375-9560 with any questions about executing this Task Order.
Approved by: Accepted by:
City of Del Mar NOVA Services, Inc.
_____________________________________ _______________________________________ Ashley Jones Date Danny J. Barnett Date
City Manager President
cc: Joe Bride, Public Works Director
Karen Falk, Principal Engineer
Polly Robertson, Management Analyst
Exhibit A: NOVA Services, Inc. Services Scope of Work
ATTACHMENT C
29 February 17, 2026 Item 4
GEOTECHNICAL MATERIALS TESTING SPECIAL INSPECTION ENVIRONMENTAL BUILDING CONDITION ASSESSMENTS
DVBE SBE SDVOSB SLBE
4373 Viewridge Avenue, Suite B
San Diego, CA 92123
P: 858.292.7575
usa-nova.com 16610 Aston Street
Irvine, CA 92606
P: 949.388.7710
AUTHORIZATION TO PERFORM SERVICES
Karen Falk | Principal Engineer February 4, 2026
City of Del Mar Public Works Department
2240 Jimmy Durante Boulevard
Del Mar, California 92014
Project: Jimmy Durante Boulevard Pavement Rehabilitation Del Mar, California
Dear Karen:
This agreement is between NOVA Services, Inc., herein referenced as (NOVA) and The City of Del Mar, herein referenced as (Client).
The following is an estimate of the work to be performed and associated fees.
Estimated Fees
This is a time and materials estimate. NOVA is assuming 74 calendar days of construction during which time NOVA technicians and inspectors will be on site periodically for earthwork, asphalt, and concrete testing and observation. The total quantities of our services will be directly dependent on the contractor’s schedule. Our services will be billed in accordance with the First Amendment to the Professional Services Agreement for As-Needed Geotechnical Services dated November 20, 2025, between the City of Del Mar and NOVA Services, Inc.
A 4-hour minimum will be charged for all field assignments. Time over 4 hours will be rounded up to the nearest hour. The attached terms and conditions are to be incorporated herein. It is agreed that the above GEOTECHNICAL SERVICES Quantity Per Hour / Each Total
Soil Technician - per hour 120 $ 138.00 $ 16,560.00
Staff Geologist - per hour 4 $ 160.00 $ 640.00
Nuclear Density Gauge, per day 20 $ 45.00 $ 900.00
Geotechnical Supervisor - per hour 4 $ 140.00 $ 560.00
Senior Engineer/Geologist - per hour 4 $ 210.00 $ 840.00 Subtotal: $ 19,500.00
LABORATORY TESTING Quantity Per Hour/Each Total
Compaction Curve - each 4 $ 285.00 $ 1,140.00
Sieve Analysis, with Wash - each 4 $ 160.00 $ 640.00
Sand Equivalent, each 2 $ 105.00 $ 210.00
Atterberg Limits, each 2 $ 235.00 $ 470.00
Hveem Stability and Unit Weight - each 8 $ 385.00 $ 3,080.00 $ 5,540.00
$ 25,040.00
Word Processing/Administration 3 $ 75.00 $ 225.00
Monthly MetaField Reporting - per month 3 $ 400.00 $ 1,200.00 $ 1,425.00
ESTIMATED PROJECT TOTAL: $ 26,465.00
GEOTECHNICAL STAFF, REPORTS, AND LABORATORY TESTING
ESTIMATED GEOTECHNICAL OBSERVATION AND TESTING SUBTOTAL:
PROJECT SUPPORT SERVICES
ESTIMATED PROJECT SUPPORT SERVICES SUBTOTAL:
6g
Subtotal:
EXHIBIT A
30 February 17, 2026 Item 4
Proposal for Special Inspection and Materials Testing
JDB Pavement Rehabilitation
Del Mar, California
February 4, 2026
DVBE SBE SDVOSB SLBE
2 work is to be performed for Client’s account and that Client will be billed on a time and materials basis at the herein quoted rates as said work progresses.
NOVA appreciates the opportunity to be of continued service. Should you have any questions regarding this authorization or other matters, please do not hesitate to contact the undersigned at 858.292.7575.
Respectfully submitted,
NOVA Services, Inc.
______________________ _________________________
Dave Wozniak Andrew K. Neuhaus, CEG
Operations Manager Senior Engineering Geologist
EXHIBIT A
31 February 17, 2026 Item 4
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us February 17, 2026
Michael Baker International SENT VIA EMAIL
Attn: Tim Thiele, PE
5050 Avenida Encinas, Suite 260
Carlsbad, CA 92008
[email protected]
RE: TASK ORDER AMENDMENT & NOTICE TO PROCEED FOR THE JIMMY DURANTE BOULEVARD PAVEMENT REHABILITATION PROJECT– (ACCOUNT 40.7000.7009) The City previously issued a Task Order (TO) with Michael Baker International (MBI) on September 22, 2025, for Improvement Plans for the Jimmy Durante Boulevard (JDB) Pavement Rehabilitation Project. This TO amendment and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the As-Needed Civil Engineering, Traffic Engineering, and Development Review Services Agreement between the City of Del Mar and MBI (Consultant), the term for which is December 8, 2025, to December 8, 2028.
Consultant shall execute tasks related to the construction and engineering support services for JDB Pavement Rehabilitation Project as described in the Consultant’s proposal included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $27,200 unless a task order amendment is authorized by the City Manager for extended consulting services. The project schedule shall commence upon execution of this Task Order/Notice to Proceed, and shall be completed by June 30, 2026, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.
The primary contact for this Task Order and invoicing is Karen Falk, Principal Engineer, who can be reached at [email protected] and 858-375-9533. Please sign and return a copy of this Task Order electronically through OneSpan, the City’s electronic document routing program. Please contact Senior Management Analyst Kseniia Izgarskaia at [email protected] or (858) 375-9560 with any questions about executing this Task Order Amendment.
Approved by: Accepted by:
City of Del Mar Michael Baker International
_____________________________________ _______________________________________ Ashley Jones Date Tim Thiele Date
City Manager Vice President
cc: Joe Bride, Public Works Director
Karen Falk, Principal Engineer
Polly Robertson, Management Analyst
Exhibit A: Michael Baker International Construction Support Services Scope of Work
ATTACHMENT D
32 February 17, 2026 Item 4
5050 Avenida Encinas, Suite 260 | Carlsbad, CA 92008
Office: 760.476.9193 | Fax: 760.476.9198
February 3, 2026
Karen Falk, PE
Principal Engineer
City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
Re: Jimmy Durante Boulevard Pavement Rehabilitation and Restriping Subject: Proposal for Task Order Amendment (Amendment 1; Construction Support Services)
Dear Karen:
Pursuant to your request, the Michael Baker International team is pleased to provide you with this Task Order Amendment 1, outlining the scope of services and fee estimate for the abovementioned project.
Below is a summary breakdown of the tasks we would undertake to provide construction support for the pavement rehabilitation and restriping on Jimmy Durante Boulevard. A detailed scope of services is attached, and fee estimate is provided below.
Our staff is ready to commence upon your approval of our scope of services. If you have any questions about this scope of services or fee estimate, please feel free to contact me at 760-603- 6260.
Sincerely,
Geoffrey Retemeyer, PE, TE
Project Manager
EXHIBIT A 33 February 17, 2026 Item 4
City of Del Mar
February 3, 2026
Jimmy Durante Blvd Pavement Rehabilitation and Restriping – Task Order Amendment 1 Page 1 City of Del Mar As-Needed Professional Services Agreement Pavement Rehabilitation and Restriping on Jimmy Durante Blvd Proposal for Task Order Amendment 1 – Construction Support Services Scope of Services
This scope for Task Order Amendment 1 has been prepared in response to the City’s request for Michael Baker International to provide construction support for the Jimmy Durante Pavement Rehabilitation and Restriping Project.
Task 7: Construction Support
Michael Baker and Zone Traffic Engineering will provide technical support to the City’s project manager during the construction phase of the project. Michael Baker will answer questions and provide clarification to the plans, review and respond to submittals, shop drawings, and RFIs. This task will include bid documents clarifications and assistance, attendance at a pre-construction meeting, or other tasks as requested by the City Project Manager. It is anticipated that Michael Baker and Zone Traffic Engineering will utilize staff disciplines including civil engineering and traffic engineering.
This task does not budget for major contract change orders. If major contract change orders are required, due to unforeseen circumstances, Michael Baker shall discuss the level of effort and budget required with the City and scope separately as time and materials.
The budget estimates a construction support duration of three months and estimates the following hourly breakdown;
• Project Manager: 20 Hours
• Senior Engineer: 36 Hours
• Design Engineer: 75 Hours
The hour allocation above is an estimate. Michael Baker will notify the City once 80% of this task budget has been expended.
Deliverables;
Attendance at construction meetings as needed, submittal reviews and responses, request for information (RFI) responses, and possible improvement plan revisions as necessary in accordance with the estimated budget above.
Task 8: Project Close Out (As-Builts)
Michael Baker and Zone Traffic Engineering will assist with final project close-out items with the city. This task includes developing the project’s Record/As-Builts Drawings from redlines received from the City’s construction team. This task will be initiated only when receiving approvals from the City Project Manager.
Deliverables;
As-Built record drawings to the City of Del Mar.
EXHIBIT A 34 February 17, 2026 Item 4
City of Del Mar
February 3, 2026
Jimmy Durante Blvd Pavement Rehabilitation and Restriping – Task Order Amendment 1 Page 2
EXHIBIT B
Compensation
Michael Baker proposes to complete the work outlined in Scope of Services and invoice the City monthly on a percentage of completion basis in accordance with the following cost estimate:
Task Order Amendment 1 PROPOSED COSTS
Task 7: Construction Support $23,800
Task 8: Project Close Out (As-Builts) $2,900
Reimbursables $500
Task Order Amendment 1 TOTAL: $27,200
Task Order Information
Original Task Order Amount: $57,300
Task Order Addendum 1 Amount: $27,200
Total Task Order Amount: $84,500
EXHIBIT A 35 February 17, 2026 Item 4
City of Del Mar
February 3, 2026
Jimmy Durante Blvd Pavement Rehabilitation and Restriping – Task Order Amendment 1 Page 3
EXHIBIT C
Assumptions Used in Scope Development
• Potholing is excluded from this scope of work
• Geotechnical Reports and/or investigations are not included in this scope. • Construction Staking is not included in this scope.
• All other services not explicitly outlined in the scope above are excluded.
EXHIBIT A 36 February 17, 2026 Item 4
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Kaitlyn Elliott-Norgrove, Special Projects and Programs Manager Nestor Machado, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: February 17, 2026
SUBJECT: Authorization to Apply for State Grant Funds in Support of the San Dieguito Lagoon Levee, Habitat Enhancement, and Trail Project
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council: 1) Adopt a Resolution authorizing the City Manager to apply for California Ocean Protection Council SB 1 Sea Level Rise Adaptation Grant Program funds (Attachment A); 2) Adopt a Resolution authorizing the City Manager to apply for State Coastal Conservancy Grant Program funds (Attachment B); and Authorize the City Manager to approve and execute all agreements and related documents necessary for both grant opportunities.
BACKGROUND:
The San Dieguito Lagoon Levee, Habitat Enhancement, and Trail Project, herein referred to as the San Dieguito Lagoon Shoreline Project (Project), is a City Council work plan priority for Fiscal Years 2025-2026 and 2026-2027. The Project, which will make important shoreline protection improvements along the San Dieguito Lagoon in a manner consistent with the City’s 2018 Sea Level Rise Adaptation Plan, is being implemented in partnership with the San Dieguito River Park Joint Powers Authority (JPA) to effectively and efficiently utilize public funds for improvements along the San Dieguito Lagoon.
City staff are proactively working to identify funding sources to facilitate the completion of this important Project. Funds secured to date include $500,000 in discretionary state funds secured in partnership with Assemblymember Tasha Boerner and $1,031,000 in federal Community Project funding stewarded by Congressman Mike Levin. The JPA has also secured $1,300,000 in California State Parks Department funds. While nearly $3,000,000 has been raised for the Project, staff anticipates that at least an additional $7,000,000 is necessary to fully fund this critical infrastructure project, components of which include necessary flood protection improvements that achieve FEMA’s “no-rise” standard; relocation of the Public Works Facility office structure outside of the Floodway; native vegetation restoration and habitat enhancements; and improved public trail access and recreational amenities along both sides of the river.
1 February 17, 2026 Item 5
City Council Agenda Report
Authorization to Apply for Grants for San Dieguito Lagoon Shoreline Project February 17, 2026
DISCUSSION/ANALYSIS:
City staff are preparing two grant applications in support of the San Dieguito Lagoon Shoreline Project:
1. California Ocean Protection Council (OPC) SB 1 Sea Level Rise Adaptation Grant Program
The OPC SB 1 Sea Level Rise Adaptation Grant Program provides support to local, regional, and tribal governments for sea level rise adaptation planning and implementation projects. Recently, OPC released the Sea Level Rise Implementation Project Solicitation (Track 2), which is funded with Proposition 4 Climate Bond revenue. Through this competition, a total of $7,000,000 is available. OPC anticipates the minimum grant award will be $500,000, while the maximum award may be $2,500,000. The City seeks the full grant award of $2,500,000. Letters of intent (LOI) are due by Friday, February 20, 2026; invitations to submit full proposals are anticipated by Friday, March 20, 2026. Full proposals are due June 5, 2026. OPC’s recommendations for award are anticipated in late September 2026.
2. California State Coastal Conservancy Grant Program
The City also seeks funding for the San Dieguito Lagoon Shoreline Protection Project through the California State Coastal Conservancy grant program. The Coastal Conservancy prioritizes projects that restore and protect the California coast, expand access to it, and enhance resilience to climate change. The Coastal Conservancy will fund most stages of a project including feasibility studies, project planning and design, environmental review, permitting, and construction. While there are no maximum or minimum grant amounts for this funding, it is anticipated that most grants will be between $200,000 and $5,000,000. The City will seek the maximum award of $5,000,000. This grant is awarded on a rolling basis, and the process begins with a pre-application.
In addition to the grant request amounts exceeded the $60,000 signing authority of the City Manager, the City Council is being asked to approve the accompanying resolutions to authorize the City Manager to submit all related grant materials and execute any grant agreements to facilitate the timely submittal of all grant materials.
FISCAL IMPACT:
There is no fiscal impact related to the recommended actions. Should the City receive grant funding through these opportunities, staff will return to the City Council in Fiscal Year 2026- 2027 to appropriate potential grant awards and recommend necessary budget adjustments.
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 2 February 17, 2026 Item 5
City Council Agenda Report
Authorization to Apply for Grants for San Dieguito Lagoon Shoreline Project February 17, 2026
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:
Implementation of the project is a Tier II City Council priority work plan item for Fiscal Years 2025-2026 and 2026-2027.
ATTACHMENTS:
Attachment A – SB 1 Resolution
Attachment B – Coastal Conservancy Resolution
3 February 17, 2026 Item 5
ATTACHMENT A
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
APPLY FOR CALIFORNIA OCEAN PROTECTION COUNCIL SB 1
SEA LEVEL RISE ADAPTATION GRANT PROGRAM FUNDS
WHEREAS, the City of Del Mar is committed to completing the San Dieguito Lagoon Levee, Habitat Enhancement, and Trail Project, which is a City Council priority and critical infrastructure project; and
WHEREAS, the California Ocean Protection Council SB 1 Sea Level Rise Adaptation Grant Program provides support to local, regional, and tribal governments for sea level rise adaptation planning and implementation projects; and WHEREAS, the San Dieguito Lagoon Levee, Habitat Enhancement, and Trail Project is eligible for the California Ocean Protection Council SB 1 Sea Level Rise Adaptation Grant Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the City Council authorizes the City Manager, or the City Manager’s designee, to submit an application and all related materials for the California Ocean Protection Council SB 1 Grant Program, and to approve and execute, on behalf of the City of Del Mar, all agreements and related documents necessary and proper for the grant.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 17th day of February, 2026. _____________________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________________
Christina Cameron, City Attorney
City of Del Mar
4 February 17, 2026 Item 5
Resolution No. 2026-XX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2026-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 17th day of February 2026, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 February 17, 2026 Item 5
ATTACHMENT B
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
APPLY FOR CALIFORNIA STATE COASTAL CONSERVANCY
GRANT PROGRAM FUNDS
WHEREAS, the City of Del Mar is committed to completing the San Dieguito Lagoon Levee, Habitat Enhancement, and Trail Project, which is a City Council priority and critical infrastructure project; and
WHEREAS, the California State Coastal Conservancy Grant Program prioritizes projects that restore and protect the California coast, expand access to it, and enhance resilience to climate change; and
WHEREAS, the San Dieguito Lagoon Levee, Habitat Enhancement, and Trail Project is eligible for the California State Coastal Conservancy Grant Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the City Council authorizes the City Manager, or the City Manager’s designee, to submit an application and all related materials for the California State Coastal Conservancy Grant Program, and to approve and execute, on behalf of the City of Del Mar, all agreements and related documents necessary and proper for the grant.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 17th day of February, 2026. _____________________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________________
Christina Cameron, City Attorney
City of Del Mar
6 February 17, 2026 Item 5
Resolution No. 2026-XX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2026-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 17th day of February, 2026, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
7 February 17, 2026 Item 5
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Martin Boyd, Principal Engineer
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: February 17, 2026
SUBJECT: Task Order Amendment with Michael Baker International to Update the Phase 2 Engineering Design and Cost Estimate for the San Dieguito Drive Improvement Project in Preparation for the Bid Process
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve a $16,520 Task Order Amendment (Attachment A) with Michael Baker International (MBI) to proceed with Phase 2 Design Updates and Bid Support for the San Dieguito Drive Improvement Project; 2) Approve a $5,000 contingency; and 3) Authorize the City Manager to execute the Task Order Amendment and any subsequent amendments within the contingency.
BACKGROUND:
San Dieguito Drive is an approximately 1,000 linear foot private road with public access in the City of Del Mar that extends from the intersection of San Dieguito Drive and Racetrack View Drive to Oribia Road. Currently, San Dieguito Drive is in a deteriorated condition and in need of repair. On June 17, 2024, residents on San Dieguito Drive and Oribia Road voted to approve the San Diego Drive Improvement Project Assessment District to fund the resident’s proportionate share of the project’s cost with the City funding the balance. The San Dieguito Drive Improvement Project (SDD Project) consists of the construction of a new road section with a standard centerline crown with 16 feet of asphalt and 3.5-foot concrete rolled curbs for an improved width of 23 feet and a minimum 20 feet of travel-way for public safety vehicle access.
At the completion of design for Utility Undergrounding District X1A (Crest Canyon), the City initiated a competitive public bidding process for the City’s construction activities related to Crest Canyon as the base bid and the SDD Project as the alternate bid item. This approach was consistent with the City’s goal of bidding and constructing these projects together to achieve anticipated cost savings, improve efficiency, and minimize impacts on property owners. However, on September 8, 2025, when awarding the Crest Canyon construction contract, the City Council did not approve the alternate bid for the SDD Project due to the high cost.
1 February 17, 2026 Item 6
City Council Agenda Report
Task Order Amendment with MBI for the San Dieguito Drive Improvement Project February 17, 2026
After evaluating the alternate bid submitted by the selected contractor for Crest Canyon in comparison to the engineer’s estimate and the lowest alternate bid, staff did not recommend awarding the alternate bid to complete the SDD Project as part of Crest Canyon.
DISCUSSION/ANALYSIS:
Because the SDD Project was not awarded in conjunction with Crest Canyon, staff will now proceed with a standalone bid. Construction of the SDD Project is anticipated to begin following substantial completion of Work Zone 1 of the Crest Canyon Project. In preparation for the separate bid process, staff recommends a $16,520 Task Order Amendment with MBI to update the SDD Project improvement plans and engineer’s estimate.
The improvement plan updates include removal of the emergency storm drain work currently in progress and revisions to the driveway design at 1604 San Dieguito Drive, which is the most significantly impacted driveway based on updated site conditions since the original survey was conducted. In addition, staff recommends a $5,000 contingency to cover any additional services that may be required from MBI prior to construction contract award.
MBI will also assist the City during the bid phase of the process by answering bidders’ questions, performing a site walk, updating the engineer’s estimate, and making minor modifications to project specifications, if needed.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. Sufficient funds are available in the project budget to cover the cost of the recommended Phase 2 task order amendment work totaling $16,520.
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:
San Dieguito Drive is listed as a Tier 2 City Council priority for Fiscal Years 2025-2026.
ATTACHMENTS:
Attachment A – Michael Baker International Task Order Amendment Exhibit A to Attachment A – MBI Improvement Updates and Bid Support Services Scope of Work
2 February 17, 2026 Item 6
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us February 17, 2026
Michael Baker International SENT VIA EMAIL
Attn: Tim Thiele
5050 Avenida Encinas, Suite 260
Carlsbad, CA 92008
[email protected]
RE: TASK ORDER AMENDMENT & NOTICE TO PROCEED FOR IMPROVEMENT
UPDATES AND BID SUPPORT FOR SAN DIEGUITO DRIVE IMPROVEMENT PROJECT– (ACCOUNT 40.7000.7048)
The City previously issued a Task Order (TO) with Michael Baker International (MBI) on September 5, 2023 for Phase 2 of the San Dieguito Drive Improvement Project, and subsequently issued a TO amendment on April 1, 2024. This TO Amendment and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed civil engineering, traffic engineering, and development review services Agreement between the City of Del Mar and Michael Baker International, Inc. (Consultant), the term for which is December 8, 2025, to December 8, 2028.
Consultant shall execute tasks related to the improvement updates and bid support for the San Dieguito Drive Improvement Project as described in the Consultant’s proposal dated January 27, 2026, included as Exhibit A to this Task Order. The project cost for this Task Order Amendment shall not exceed $16,520, unless a task order amendment is authorized by the City Manager for extended consulting services. The project schedule shall commence upon execution of this Task Order/Notice to Proceed, and shall be completed by July 1, 2026, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.
The primary contact for this Task Order and invoicing is Martin Boyd, Principal Engineer, who can be reached at [email protected] and (858) 375-9531. Please sign and return a copy of this Task Order electronically through OneSpan, the City’s electronic document routing program.
Please contact Senior Management Analyst Kseniia Izgarskaia at [email protected] or (858) 375-9560 with any questions about executing this Task Order Amendment.
Approved by: Accepted by:
City of Del Mar Michael Baker International
_____________________________________ _______________________________________ Ashley Jones Date Tim Thiele Date
City Manager Vice President
cc: Joe Bride, Public Works Director; Martin Boyd, Principal Engineer; Polly Robertson, Management Analyst
Exhibit A: MBI Improvement Updates and Bid Support Services Scope of Work
ATTACHMENT A
3 February 17, 2026 Item 6
January 27, 2026,
Joe Bride
Public Works Director / City Engineer
City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
Re: City of Del Mar As-Needed Professional Services Agreement Proposal for Improvement Updates and Bid Support for San Dieguito Drive Improvement Project
Dear Joe:
Pursuant to your request, Michael Baker has provided you with scope of services for Construction Support for the San Dieguito Drive Improvement Project. Below is a summary breakdown of the tasks we would undertake to ensure the successful completion of the San Dieguito Drive Improvement Project through Construction Support and Civil Engineering Services. A detailed scope of services and cost estimate is attached.
Our staff is ready to commence the City Engineering Services upon your approval of our scope of services. If you have any questions about this scope of services and cost estimate, please feel free to contact me at 760-603-6243.
Sincerely,
Tim Thiele, PE
Contract Manager
EXHIBIT A
4 February 17, 2026 Item 6
Private San Dieguito Drive Improvement Project Page
2 22
City of Del Mar As-Needed Professional Services Agreement Proposal for Improvement Updates and Bid Support for San Dieguito Drive Improvement Project
Scope of Services
Michael Baker will perform Improvement updates, provide bid support and additional Professional Civil Engineering Services for the San Dieguito Drive Improvement Project for the City of Del Mar.
Task 1: Updated Improvement Plans & Engineer’s Estimate Michael Baker will update the Improvement Plans and Engineer’s Estimate to reflect the removal of a previously proposed storm drain inlet and pipe. These items are being installed under an emergency work order currently underway and are no longer required as part of this project.
Updates to the Improvement plans include changes to Demolition, Roadway Plan & Profile, Storm Drain Plan & Profile, Grading, and Erosion Control Plans, along with removal of Phase 1 & 2 of Traffic Control Plans. Engineer’s Estimate will be updated to correlate with revisions within the Improvement Plans and within Task 2 (see below).
Deliverables
Updated Improvement Plans
Updated Engineer’s Estimate
Task 2: Updated Driveway Design at 1604 San Dieguito Drive Michael Baker completed survey and design of Improvements to San Dieguito Drive and the abovementioned driveway in 2022. Subsequently, the owner significantly modified the driveway, adding new curb and pavement.
Michael Baker will prepare an updated driveway design to reflect the current existing conditions shown at the driveway of 1604 San Dieguito Drive. This updated design will include the following:
Updated survey data at the driveway of 1604 San Dieguito Drive Updated driveway design with new cross gutter and curb tie-ins Updated Cost Estimate quantities
Deliverables
Updated driveway design containing new cross gutter and curb tie-ins at 1604 San Dieguito Drive Driveway with new survey data.
Updated Improvement Plans
Task 3: Bid Support
Michael Baker will aid the City of Del Mar during the bid phase of the project. Michael Baker will answer questions the Contractor(s) may have during the bid process, perform a site walk, updated estimate, minor modifications to the specifications per City request. 5 February 17, 2026 Item 6
Private San Dieguito Drive Improvement Project Page
3 33
Assumptions Used in Scope Development
Construction Staking is not included in this scope.
Geotechnical Reports and/or investigations is not included in this scope. Environmental Monitoring is excluded in this scope.
Construction Support for the Overall City Paving Project is excluded in this scope. All other services not explicitly outlined in the scope above are excluded.
Fee Estimate
Michael Baker proposes to complete the work outlined in Scope of Services and invoice the City monthly on a percentage of completion basis in accordance with the following fee estimate:
ITEM WORK TASK FEE
Task 1 Updated Improvement Plans & Engineer’s Estimate............................... $7,150.00 Task 2 Updated Driveway Design at 1604 San Dieguito Drive............................. $4,110.00 Task 3 Bid Support……………...……………………………………………………..$4,960.00 Direct Costs/Reimbursables…………………………………………………...$300.00 ESTIMATE TOTAL _$16,520.00
6 February 17, 2026 Item 6
City of Del Mar
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Maggie Jones, Management Analyst
Jon Edelbrock, Director of Community Services
Via Ashley Jones, City Manager
DATE: February 17, 2026
SUBJECT: Second Reading and Adoption of an Ordinance Amending Del Mar Municipal Code Section 8.04 to Regulate the Digging of Hazardous Holes on the Public Beach
REQUESTED ACTIONS/RECOMMENDATION:
Staff recommends that the City Council adopt an Ordinance (Attachment A) that would amend Chapter 8.04, Beaches, Waterways and Parks, by adding Section 8.04.100, Digging of Hazardous Holes on a Public Beach, to the Del Mar Municipal Code (DMMC) regulating the excavation of hazardous holes on Del Mar public beaches.
DISCUSSION/ANALYSIS:
On February 3, 2026, the City Council conducted a public hearing and voted unanimously to introduce an Ordinance (Attachment A) that would amend Chapter 8.04 of the Del Mar Municipal Code (DMCC) that regulates beaches, waterways, and parks. The Ordinance adds Section 8.04.100 to the DMMC to establish a regulatory framework governing hazardous sand excavation on Del Mar public beaches. The Ordinance defines prohibited activities and establishes enforceable standards intended to reduce safety risks, maintain beach access, and ensure responsible use of the beach environment.
Key provisions include the prohibition of holes exceeding two (2) feet in depth, the burial of individuals below sand grade, the digging of holes for waste disposal, and unattended or unfilled excavations. These activities are associated with significant safety concerns such as collapse hazards, obstruction to public access, impediments to emergency vehicles and beach maintenance operations, and the potential for suffocation or injury.
The Ordinance reflects similar regulatory approaches adopted by other coastal jurisdictions including Los Angeles County, and the cities of Imperial Beach, Newport Beach, Laguna Beach, and Huntington Beach that have varying regulations including depth limits, burial prohibitions, and refill requirements. The Ordinance shares common policy objectives and operational alignment while being custom to the Del Mar beach environment and enforcement abilities.
________________________________________________________________________________________________________ City Council Action:
1 February 17, 2026 Item 7
City Council Agenda Report
Adoption of Ordinance to Regulate the Digging of Hazardous Holes on Del Mar Beach February 17, 2026
The Ordinance also establishes an enforcement and accountability framework including assigning responsibility to parents or guardians when minors engage in prohibited excavation activities. Enforcement will be provided by Community Services Department staff through education via public signage and verbal contacts; warnings; and administrative citations for non-compliance, as authorized under Chapter 1.08 of the DMMC. Each violation is to be treated as a separate offense, allowing for an appropriate response based on the circumstance. Before implementation of the Ordinance, Community Services Department staff will notify and educate the public through announcements in the Del Mar Weekly Newsletter, updates to the City’s website, and public signage.
If the City Council adopts the Ordinance at its February 17, 2026, meeting, it would take effect thirty (30) days after adoption.
FISCAL IMPACT:
There is no fiscal impact or action required related to this agenda item.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
ATTACHMENTS:
Attachment A –Ordinance Regulating the Digging of Hazardous Holes on the Public Beach
2 February 17, 2026 Item 7
Attachment A
ORDINANCE No. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, ADDING CHAPTER 8.04.100 TO THE DEL MAR
MUNICIPAL CODE REGULATING THE DIGGING OF HAZARDOUS
HOLES ON THE PUBLIC BEACH
WHEREAS, the City of Del Mar (City) enacted Title 8 of the Del Mar Municipal Code (DMMC) to regulate beaches, waterways, and parks; and
WHEREAS, violations of DMMC Title 8 provisions are generally punishable as infractions, unless otherwise expressly stated; and
WHEREAS, the City has seen an increase in the digging of hazardous holes and burying of individuals in beach sand within the City; and WHEREAS, the City Council desires to adopt provisions regulating beach excavation activities to protect public health and safety and maintain reasonable recreational use of the beach; and
WHEREAS, the City Council further desires to establish enforceable measures to reduce safety hazards and provide effective and consistent enforcement mechanisms.
NOW, THEREFORE, the City Council of the City of Del Mar, California, does hereby ordain as follows:
SECTION ONE:
The above recitals are true and correct and are incorporated by reference into this action.
SECTION TWO:
That a new chapter 8.04.100 be added to the Del Mar Municipal Code as follows:
Chapter 8.04.100 – Digging of Hazardous Holes on a Public Beach A. No person shall dig, excavate, or cause to be dug any hole in the beach sand prohibited by subsections 1-5:
1. Any hole that exceeds two (2’) feet in depth; or that may create a potential hazard to public safety equipment, public safety personnel, or other beach users.
2. It shall be unlawful to bury any person below the sand grade level in a manner that may endanger the person’s health or safety, pose a danger to other beach users, public safety personnel or public safety equipment.
3. It shall be unlawful to dig a hole of any size for the purposes of disposing of any waste or discarded product.
4. All holes dug by beach users shall not be left unattended by the responsible adult.
3 February 17, 2026 Item 7
Ordinance No. XXXX
5. All beach holes dug, regardless of size, shall be filled prior to leaving the beach area.
a) The parents of any minor who engages in digging holes greater than two (2’) feet shall be held liable for each violation committed by the minor under this Chapter.
b) Any violation of this Chapter shall be enforced through the administration citation program set forth in Chapter 1.10 of the Del Mar Municipal Code.
c) Each violation of this Chapter shall be considered a separate offense
d) 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.
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:
This Ordinance was introduced by the City Council on February 3, 2026.
SECTION FIVE:
The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.
SECTION SIX:
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 SEVEN:
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.
4 February 17, 2026 Item 7
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 17th day of February 2026. ____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Christina Cameron, 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 17 th day of February 2026, by
the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 February 17, 2026 Item 7
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
Ashley Jones, City Manager
DATE: February 17, 2026
SUBJECT: Interim Fire Prevention Staffing and Amendment to Cost Sharing Agreement with the City of Solana Beach for Fire Transition Management Services REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve a Resolution (Attachment A) amending the Compensation Plans for Fire Employees to add a Fire Marshal position and for Miscellaneous, Part-Time, Temporary and Hourly Employees to add a Fire Prevention Technician position; 2) Approve the First Amendment to the Cost Sharing Agreement (Attachment B) with the City of Solana Beach to add provisions related to Interim Fire Prevention positions; and 3) Authorize the City Manager to negotiate and execute the final the amendment and fill interim, part-time fire prevention positions on a temporary basis.
BACKGROUND:
The cities of Encinitas, Del Mar, and Solana Beach have partnered to consolidate fire management services under a Cooperative Management Services Agreement (COOP) since 2009. In June 2025, the Encinitas City Council voted unanimously to exit the COOP effective March 31, 2026. Under the COOP arrangement, the City of Encinitas provides fire prevention services to all three agencies, including a shared Fire Marshal position. The City of Del Mar currently has no in-house fire prevention staff, and the City of Solana Beach’s Fire Prevention Specialist position is vacant, with a recruitment underway.
Since receiving notice of the City of Encinitas’s planned departure from the COOP, the cities of Del Mar and Solana Beach have worked diligently and cooperatively to explore alternative options for fire management services and have partnered on the fire management transition.
On January 20, 2026, the Del Mar City Council approved an Interim Cost Sharing Agreement with the City of Solana Beach for Fire Management Transition Services, which includes cost sharing for an Interim Fire Chief and Management Analyst employed by the City of Solana Beach (Attachment C). Under the cost sharing agreement, the Interim Fire Chief is assisting both agencies with the recruitment of a permanent fire chief, preparing for Encinitas’ exit from the COOP, and development of a recommended fire management structure for shared services, including fire prevention.
1 February 17, 2026 Item 8
City Council Agenda Report
Compensation Plans Amendment
February 17, 2026
Fire Prevention services include inspections, investigations, education and community outreach, plan review for certain discretionary development projects, AB 38 Defensible Space Inspections, and related activities. It is important to note that both Del Mar and Solana Beach use third party building service contractors for routine plan review including fire code compliance and only certain discretionary or more complex projects require Fire Marshal review.
DISCUSSION/ANALYSIS:
While the City of Del Mar’s fire prevention needs are modest, the services provided by a Fire Marshal and fire prevention support staff are essential. To ensure continuity of fire prevention services during the fire management transition, staff recommends the City Council adopt a Resolution (Attachment A) adding Fire Marshal and Fire Prevention Technician positions to the City’s Compensation Plans and approve the First Amendment to the Cost Sharing Agreement with the City of Solana Beach (Attachment B) to add provisions related to fire prevention positions.
Approval of these actions will allow staff to hire interim, part-time fire prevention staff on a temporary basis and to share those costs with the City of Solana Beach while ensuring continued high level service to the community. The costs for these services will be paid by the cities based on actual hours of service, there will be no percentage cost share. Interim fire prevention staff will track their hours worked for each city.
A more permanent arrangement for fire management services will be explored as part of the development of a new Cooperative Agreement for Fire Management Services between the cities of Del Mar and Solana Beach, which will return to the City Council for consideration during the first half of 2026. Additionally, the cities will complete a Request for Qualifications process to retain a qualified consultant to analyze long-term fire management needs and service delivery options, such as formation of a Joint Powers Authority (JPA) for fire department services between the two cities, partnering with other outside agencies, etc. in fiscal year 2026-2027 or based on timing determined by the participating agencies. These processes will include establishing a permanent structure for fire prevention staff positions and services.
FISCAL IMPACT:
Interim, part-time fire prevention staffing is estimated to cost approximately $26,940 for the remainder of Fiscal Year 2025–2026. Funding for these interim positions, along with other fire management transition-related costs, will be addressed through a proposed budget adjustment presented to the City Council as part of the Mid-Year Budget Update in March 2026.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not included in the City Council’s list of Goals & Priorities.
ATTACHMENTS:
Attachment A– Resolution Amending the Compensation Plans for Fire Employees and Miscellaneous, Part-Time, Temporary and Hourly Employees Attachment B– First Amendment to Interim Cost Sharing Agreement Attachment C– Interim Cost Sharing Agreement
2 February 17, 2026 Item 8
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING THE COMPENSATION PLANS
FOR FIRE EMPLOYEES AND MISCELLANEOUS, PART-TIME,
TEMPORARY AND HOURLY EMPLOYEES
WHEREAS, on January 20, 2026, the City Council approved an Interim Cost Sharing Agreement with the City of Solana Beach for Fire Management Transition Services, which included several shared staff positions assisting both agencies with the recruitment of a permanent fire chief and development of a recommended fire management structure for shared management services; and WHEREAS, it has been determined that there is a current need to hire additional shared temporary staff on a part-time basis, which could include a Fire Marshal and a Fire Prevention Technician, to provide interim fire prevention services; and WHEREAS, the California Public Employees Retirement System (CalPERS) regulations require all City employee compensation to be reflected on a publicly available, City Council approved compensation plan; and
WHEREAS, to provide the City with flexibility to hire one or both part-time positions in the future, the Fire Marshal and Fire Prevention Technician positions must be added to the City’s publicly available, City Council approved compensation plan; and WHEREAS, the City Council has been presented with and has reviewed the compensation plans for Fire, and Miscellaneous, Part-Time, Temporary and Hourly employees as presented in Exhibits “A” and “B” to this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that:
1. The above recitals are true and correct.
2. The City Council does hereby approve the amended compensation plan for Fire Employees as shown in Exhibit “A” to the Resolution.
3. The City Council does hereby approve the amended compensation plan for Miscellaneous, Part-Time, Temporary and Hourly employees as shown in Exhibit “B” to the Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 17th day of February, 2026. _____________________________
Tracy Martinez, Mayor
City of Del Mar
3 February 17, 2026 Item 8
Resolution No. 2026-XX
APPROVED AS TO FORM:
___________________________
Christina Cameron, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Acting 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 17th day of February, 2026, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
4 February 17, 2026 Item 8
CITY OF DEL MAR
FIRE EMPLOYEE COMPENSATION PLAN
SALARY INCREASE 3.0%
POSITION TITLE RANGE
Fire Marshal* F530
-Hourly 74.0432 - 90.0000
-Bi-Weekly 5,923.46 - 7,200.00
-Monthly 12,834.16 - 15,600.00
-Annual 154,009.90 - 187,200.00
Administrative Fire Battalion Chief F519
-Hourly 50.1800 - 60.9941
-Bi-Weekly 5,620.16 - 6,831.34
-Monthly 12,177.01 - 14,801.24
-Annual 146,124.16 - 177,614.83
Fire Battalion Chief F510
-Hourly 45.8816 - 55.7693
-Bi-Weekly 5,138.74 - 6,246.16
-Monthly 11,133.93 - 13,533.36
-Annual 133,607.12 - 162,400.29
Fire Captain F480
-Hourly 35.1878 - 42.7710
-Bi-Weekly 3,941.03 - 4,790.35
-Monthly 8,538.91 - 10,379.09
-Annual 102,466.88 - 124,549.13
Fire Engineer F465
-Hourly 30.3676 - 36.9120
-Bi-Weekly 3,401.17 - 4,134.15
-Monthly 7,369.21 - 8,957.32
-Annual 88,430.50 - 107,487.82
Firefighter/Paramedic F462
-Hourly 29.9297 - 36.3798
-Bi-Weekly 3,352.13 - 4,074.53
-Monthly 7,262.95 - 8,828.16
-Annual 87,155.36 - 105,937.88
** Added on 2/17/2026 by Resolution 2026-xx
EFFECTIVE JULY 1, 2025
ANNUAL SALARY
5 February 17, 2026 Item 8
FIRE EMPLOYEE COMPENSATION PLAN
SALARY INCREASE 3.0%
POSITION TITLE RANGE A B C D E
Fire Marshal F530
-Hourly 74.0432 77.7454 81.6327 85.7143 90.0000
-Bi-Weekly 5,923.46 6,219.63 6,530.61 6,857.14 7,200.00 -Monthly 12,834.16 13,475.87 14,149.66 14,857.14 15,600.00 -Annual 154,009.90 161,710.40 169,795.92 178,285.71 187,200.00 Administrative Fire Battalion Chief F519
-Hourly 50.1800 52.6890 55.3234 58.0896 60.9941
-Bi-Weekly 5,620.16 5,901.17 6,196.23 6,506.04 6,831.34 -Monthly 12,177.01 12,785.86 13,425.16 14,096.41 14,801.24 -Annual 146,124.16 153,430.37 161,101.88 169,156.98 177,614.83 Fire Battalion Chief F510
-Hourly 45.8816 48.1756 50.5844 53.1136 55.7693
-Bi-Weekly 5,138.74 5,395.67 5,665.46 5,948.73 6,246.16 -Monthly 11,133.93 11,690.62 12,275.15 12,888.91 13,533.36 -Annual 133,607.12 140,287.47 147,301.85 154,666.94 162,400.29 Fire Captain F480
-Hourly 35.1878 36.9472 38.7946 40.7343 42.7710
-Bi-Weekly 3,941.03 4,138.09 4,344.99 4,562.24 4,790.35 -Monthly 8,538.91 8,965.85 9,414.14 9,884.85 10,379.09
-Annual 102,466.88 107,590.23 112,969.74 118,618.22 124,549.13 Fire Engineer F465
-Hourly 30.3676 31.8860 33.4803 35.1543 36.9120
-Bi-Weekly 3,401.17 3,571.23 3,749.79 3,937.28 4,134.15 -Monthly 7,369.21 7,737.67 8,124.55 8,530.78 8,957.32
-Annual 88,430.50 92,852.02 97,494.62 102,369.36 107,487.82 Firefighter/Paramedic F462
-Hourly 29.9297 31.4262 32.9975 34.6474 36.3798
-Bi-Weekly 3,352.13 3,519.74 3,695.72 3,880.51 4,074.53 -Monthly 7,262.95 7,626.09 8,007.40 8,407.77 8,828.16
-Annual 87,155.36 91,513.12 96,088.78 100,893.22 105,937.88
CITY OF DEL MAR
EFFECTIVE JULY 1, 2025
6 February 17, 2026 Item 8
CITY OF DEL MAR
MISCELLANEOUS, PART-TIME, TEMPORARY AND HOURLY EMPLOYEES SALARY INCREASE 3.0%
POSITION TITLE Grade A B C D E
Student Lifeguard * 700
Seasonal Lifeguard I* 709 20.79 21.82 22.92 24.06 25.26 Seasonal Lifeguard II * 710 26.13 27.44 28.81 30.25 31.76 Seasonal Worker I * 704 18.19 19.10 20.05 21.06 22.11
Seasonal Worker II * 713 20.87 21.91 23.01 24.16 25.36
Minutes Clerk I/Clerical Asst/Planning 700 18.19 19.10 20.05 21.06 22.11 Minutes Clerk II 712 20.20 21.21 22.27 23.38 24.55
On-Call Clerical/Secretarial Aide 700 18.19 19.10 20.05 21.06 22.11 Code Enforcement Clerk 712 20.20 21.21 22.27 23.38 24.55 Intern I 700
Intern II 701 18.99 19.94 20.94 21.99 23.09
Fire Prevention Technician** 720 39.66 41.64 43.73 45.92 48.20 The positions listed below are currently inactive, but remain on the salary schedule in the event that the City wishes to fund the Student Firefighters 600 17.40
Student Paramedics 600 17.40
Call Firefighters 601 17.40
** Added on 2/17/2026 by Resolution 2026-xx
EFFECTIVE JULY 1, 2025
$17.40 (no steps)
$17.40 (no steps)
*Employees in these positions will receive one and a half times (1.5x) their normal hourly rate for all hours worked on all designated City holidays.
7 February 17, 2026 Item 8
FIRST AMENDMENT TO THE COST SHARING AGREEMENT BETWEEN
THE CITY OF SOLANA BEACH AND THE CITY OF DEL MAR
FOR FIRE MANAGEMENT TRANSITIONSERVICES
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 17th day of February, 2026, by and between the City of Solana Beach and the City of Del Mar (herein referred to as “Cities”).
RECITALS
WHEREAS, on January 5, 2026, the City and Consultant entered into an Agreement (Agreement), by which the City and Consultant established the terms and conditions for providing fire management transitions services for a one-year period terminating January 5, 2027; and
WHEREAS, the Parties now desire to amend the Scope of Services (Exhibit A) and the Shared Costs/Compensation Schedule (Exhibit B) to include a cost sharing arrangement for fire prevention services and related positions.
NOW, THEREFORE, the Parties hereby agree to amend the Agreement as follows:
Section 1. Exhibit A to the Agreement (“Scope of Services”) is hereby replaced by the new Exhibit A included with this First Amendment.
Section 2. Exhibit B to the Agreement (“Shared Costs/Compensation Schedule”) is hereby replaced by the new Exhibit B included with this First Amendment.
Section 3. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.
SIGNATURES ON FOLLOWING PAGE
ATTACHMENT B
8 February 17, 2026 Item 8
City of Del Mar
First Amendment to Cost Sharing Agreement with the City of Solana Beach
IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the date first written above.
CITY OF DEL MAR,
a municipal corporation
By:
Ashley Jones, City Manager
CITY OF SOLANA BEACH
a municipal corporation
By:
Alyssa Muto, City Manager
ATTEST: ATTEST:
_________________________________ _____________________________ Sarah Krietor, Administrative Services Angela Ivey, City Clerk Manager/City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
_______________________________ _______________________________ Christina Cameron, City Attorney Johanna Canlas, City Attorney 9 February 17, 2026 Item 8
City of Del Mar
First Amendment to Cost Sharing Agreement with the City of Solana Beach
EXHIBIT “A”
SCOPE OF SERVICES
The Cities agree to jointly fund, as described in Exhibit “B” to this Agreement, and utilize the positions of Interim Fire Chief and Public Safety Management Analyst employed by the City of Solana Beach.
The Interim Fire Chief shall provide services to the Cities, including but not limited to: assistance with the Fire Chief recruitment; performance of duties outlined in the City of Solana Beach Fire Chief Job Description approved on December 10, 2025, and in accordance with Retired Annuitant Agreement effective January 5, 2026, and manage Fire Department operations for the Cities; assisting the Cities with the transition of fire management services; and other related duties, as assigned and as mutually agreed upon by the Cities.
The Management Analyst Public Safety shall provide administrative and analytical support to the Interim Fire Chief, and the Cities related to the fire service management transition, as assigned and as mutually agreed upon by the Cities.
The Cities agree to jointly fund, as described in Exhibit “B” to this Agreement, and utilize fire prevention positions including Fire Marshal, Fire Prevention Specialist, and Fire Prevention Technician employed by the City of Del Mar and/or the City of Solana Beach.
This Agreement may be amended for consistency should the Cities subsequently enter into a Cooperative Fire Management Services Agreement or similar agreement. 10 February 17, 2026 Item 8
City of Del Mar
First Amendment to Cost Sharing Agreement with the City of Solana Beach
EXHIBIT “B”
SHARED COSTS/COMPENSATION SCHEDULE
The City of Del Mar agrees to reimburse the City of Solana Beach for expenses and costs related to this Agreement, as follows:
1. Interim Fire Chief – 50% of the Interim Fire Chief at the hourly rate of $122.00/hr. (no benefits as retired annuitant)
2. Management Analyst – 20% of the current annual salary of $130,728 (fully loaded cost), totaling $26,146
3. Fire Prevention Staff – The City of Del Mar shall reimburse the City of Solana Beach for the actual hours worked (at fully loaded salary rates) by Solana Beach fire prevention staff in support of Del Mar operations. Likewise, the City of Solana Beach shall reimburse the City of Del Mar for the actual hours worked (at fully loaded salary rates) by Del Mar fire prevention staff in support of Solana Beach operations. Costs associated with work transition activities that benefit both agencies shall be shared equally (50/50).
4. Training – 50% of the total costs of training, association memberships, etc. for the Interim Fire Chief
5. Equipment – 50% of Equipment (e.g., computers, mobile devices, etc.) and mobile phone charges for the Interim Fire Chief and Management Analyst
6. Fuel Cost – 50% of the fuel cost for the Interim Fire Chief (fuel card provided by Solana Beach)
The City of Solana Beach agrees to provide office space for the Interim Fire Chief and pay for associated equipment and uniforms (formal and informal) and to pay for uniform cleaning.
The City of Del Mar agrees to provide a vehicle for use by the Interim Fire Chief during the term of this Agreement.
Should the hourly rate for either position be increased or otherwise adjusted during the term of this Agreement, the City of Solana Beach shall provide written notice to the City of Del Mar within five (5) business days of the adjustment. The adjusted salaries will be incorporated into the Agreement by an Amendment as permitted under Section 7 of this Agreement. 11 February 17, 2026 Item 8
12 February 17, 2026 Item 8
13 February 17, 2026 Item 8
14 February 17, 2026 Item 8
15 February 17, 2026 Item 8
16 February 17, 2026 Item 8
17 February 17, 2026 Item 8
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Amanda Lee, Principal Planner
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: February 17, 2026
SUBJECT: Adoption of Resolution to Declare the City-Owned 10th Street Vacant Lot Exempt Surplus Land per Surplus Lands Act (APN 300-093-17) REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council adopt a Resolution (Attachment A) to declare that the small City-owned 10th Street vacant lot within the City’s Civic Center is exempt surplus land in accordance with the Surplus Lands Act (SLA); and authorize the City Manager to file the Resolution with the California Housing and Community Development Department (HCD).
BACKGROUND:
The City of Del Mar owns a vacant, developable property (Assessor's Parcel Number, APN 300-093-17) located at 10th Street within the City of Del Mar Civic Center complex. The vacant 10th Street property is only 0.10 acres (4,356 square feet) in size. It is located in a developed, urbanized environment within the City’s downtown village on the block immediately west of Camino del Mar between 10th Street and 11th Street. See legal description and parcel map for this site which is identified as “Parcel 3” in the exhibit provided as Attachment B.
The site is located within the coastal zone, east of the shoreline, and does not contain any sensitive coastal resources. It is located within the City’s coastal development permit jurisdiction, which means prospective development on the site will be subject to approval of a coastal development permit issued by the City of Del Mar in accordance with Del Mar’s certified Local Coastal Program and that permit will not be appealable to the California Coastal Commission.
In 2020 this site was identified as a candidate site for the 6th Cycle Housing Element and was analyzed accordingly in the Housing Element Program Environmental Impact Report certified by the City Council on September 8, 2020. The site has been identified as a 6th Cycle housing site to meet lower income housing needs in the 6th Cycle Housing Element since it was first adopted on March 25, 2021.
1 February 17, 2026 Item 9
City Council Agenda Report
Resolution for 10th Street SLA Determination
February 17, 2026
The City continues to rely on this property in the State-certified 6th Cycle Housing Element as an adequate site for production of lower income units to meet a portion of the City’s regional housing needs allocation (RHNA). More specifically, Housing Element Program 3B stipulates that the City will prepare this site, and a second small City-owned vacant site on 28th Street that is being processed separately, to be development-ready through issuance of building permits collectively to cover at least seven units by 2027, or else the City must identify alternative sites to maintain no-net loss of Housing Element sites.
As part of the Housing Element process, the City Manager and all City Departments reviewed and considered the 10th Street property and determined there is no higher priority City use or need for this property other than affordable housing. The City is required to follow the Surplus Lands Act process defined in State law (California Government Code Sections 54220 through 54234). As such, the City was assigned a case number by HCD (case #SLA0002362) upon submittal to HCD for coordination prior to City-Council intent to declare the 10th Street property exempt surplus land in a regular meeting.
On January 29, 2026, the City posted a notice at City Hall and on the City website, published a legal ad in the Coast News on February 6, 2026; and mailed a public notice to interested persons and public entities that have jurisdiction where the surplus land is located (as defined in Surplus Lands Act Section 54222 and the California Health and Safety Code Section 50079).
DISCUSSION/ANALYSIS:
Del Mar is a small coastal City that is primarily built out, which makes it a challenge to identify sites for development of lower income housing. The City-owned 10th Street property is being relied on by the City as a site for development of lower income units. Consistent with State law, the City is prioritizing use of its surplus land for affordable housing development.
The City is seeking to lease the 10th Street property to an affordable housing developer to build and operate affordable rental homes for up to 8 lower income households. The SLA is intended to make land that is currently not needed by a local agency for the agency's use (surplus land) available for potential acquisition (i.e., ground lease or purchase) by affordable housing sponsors or other local entities.
The City’s intended public purpose to use the 10th Street site for affordable housing aligns with the statewide priority to promote affordable housing development on surplus public land.
This may allow the City to qualify for exempt surplus status under the Surplus Lands Act depending on the types of proposals received from potential affordable housing developers (i.e., 100% affordable housing versus mixed income development). The proposed determination that the 10th Street site is exempt surplus land is substantiated through written findings set forth in the proposed Resolution (Attachment A), which must be provided to HCD for review at least 30 days before the City’s disposition of the land pursuant to Section 400(e) of the SLA Guidelines.
2 February 17, 2026 Item 9
City Council Agenda Report
Resolution for 10th Street SLA Determination
February 17, 2026
Surplus Lands Act Compliance
The City can demonstrate compliance with the Surplus Lands Act by addressing the following:
1) That the City Council took formal action to declare the property surplus land or exempt surplus land during a regular public meeting, with support for the action conveyed in written findings, and transmittal of the City Council Resolution to HCD for review before the City takes any action to lease or dispose of the property.
The proposed Resolution demonstrates compliance with these Surplus Lands Act requirements in accordance with Government Code Section 54221(b)(1). 2) That the 10th Street property, which is 0.10 acre (4,256 square feet) in size, is exempt surplus land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low-income and moderate-income housing purposes.
The proposed Resolution demonstrates compliance with this Surplus Lands Act exemption in accordance with Government Code Section 54221(f)(1)(B) and Section 103(c)(3)(A) of HCD’s Updated Surplus Land Act Guidelines issued April 2021 and revised August 1, 2024 (SLA Guidelines), which applies to exempt surplus land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes. 3) That 100% of the 10th Street property is intended to be used for development of housing and that 100% of the total number of housing units developed on the site will be affordable to very low-income households.
The proposed Resolution demonstrates intent to comply with this Surplus Lands Act exemption for surplus land in accordance with Government Code Section 54221(f)(1)(A) which applies to exempt surplus land that is transferred pursuant to Government Code Section 37364, which assumes: (i) not less than 80% of the property will be used for development of housing; and (ii) not less than 40% of the total number of those housing units developed on the property shall be affordable to households whose incomes are equal to, or less than, 75% of the maximum income of lower income households, and at least half of which shall be affordable to very low income households.
The scope of the development to be constructed on the Property has not been determined, but it is the intent of the City to potentially impose conditions that will result in the construction of the affordable housing sufficient to meet the terms of this exemption, as an alternative form of compliance with the Surplus Lands Act. 3 February 17, 2026 Item 9
City Council Agenda Report
Resolution for 10th Street SLA Determination
February 17, 2026
4) That the 10th Street property will be developed with 100% rental housing for lower income households that will be restricted to lower income households for at least 55 years and the rent level will be required to be below the median market rent for the neighborhood in which it is located.
The proposed Resolution demonstrates intent to comply with this Surplus Lands Act exemption in accordance with Government Code Section 54221(f)(1)(F)(i), which covers exempt surplus land that is to be developed for a housing development that restricts 100% of the residential units to persons and families of low or moderate income, with at least 75% of the residential units restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, for 55 years for rental housing, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability, and in no event shall the maximum rent level be higher than 20% below the median market rents for the neighborhood in which the property is located.
The scope of the development to be constructed on the Property has not been determined, but it is the intent of the City to potentially impose conditions that will result in the construction of affordable housing sufficient to meet the terms of this exemption, as an alternative form of compliance with the Surplus Land Act. 5) That the 10th Street property is located in the coastal zone and is similarly situated to all other properties in the City of Del Mar because the entire City is located in the coastal zone. Further, the City will be transmitting the required Notice of Availability for open space purposes through email and/or certified mail to HCD and the entities identified in the Surplus Land Act before the City takes any action to lease or dispose of the property.
The proposed Resolution demonstrates compliance with this Surplus Lands Act requirement in accordance with Section 103(d) of the SLA Guidelines states that if the land is located within a coastal zone, then a Notice of Availability for open space purposes must be sent via email or certified mail to the entities identified in Government Code 54222(b) and HCD, before the local agency may dispose of the land pursuant to Section 103(c)(3)(A).
6) That the City’s declaration of the 10th Street property as exempt surplus land does not require or compel the City to lease or sell the property. Instead, this declaration would be contingent on provision of the required noticing prior to the City requesting development proposals for the Property.
The proposed Resolution demonstrates compliance with the Surplus Lands Act requirement for provision of open space availability notices required by Government Code 4 February 17, 2026 Item 9
City Council Agenda Report
Resolution for 10th Street SLA Determination
February 17, 2026
Section 54222(b). This required noticing will be completed as a next step in the process prior to the City requesting development proposals for the Property. 7) That any prospective Ground Lease on this exempt surplus land will provide that the affordable housing developer will own the improvements for the term of the ground lease, and the City will continue to hold all right and title in the Property and, act as the Lessor, in the ground lease.
Negotiation of a ground lease will follow all requirements per the Surplus Lands Act and the City intends to impose conditions that will result in the construction of the affordable housing sufficient to meet the terms of the Surplus Lands Act exemptions cited herein.
Next Steps
Staff has been coordinating with HCD, County of San Diego, and the San Diego Housing Foundation on strategies for processing and funding the project and making preparations to solicit potential developers. The City will be taking the following steps to meet State law:
Due to the site’s location in the coastal zone, the City will email HCD, California Natural Resources Agency, and California Coastal Commission officially notifying them the City intends to lease the surplus property and identifying timing for the agency to notify the City of their interest in leasing the property, which if pursued would be subject to good faith negotiations in accordance with Government Code Section 54223. If adopted, the City will send HCD the Resolution as soon as practicable but under no event later than thirty (30) days prior to the disposition of the property and take action as necessary or advisable to implement this Resolution to qualify the site for SLA exemption and negotiate a ground lease for the property. The intent is to implement the City’s certified 6th Cycle Housing Element Program 3B plan to build affordable housing.
The City will prepare and issue a Request for Proposals (RFP) to solicit a developer to build up to eight lower income units on the site to implement the Housing Element.
The RFP will require that respondents propose projects that will result in the construction of the affordable housing sufficient to meet the terms of the Surplus Lands Act exemption(s) cited herein.
Once a developer is selected, the City will provide a draft lease agreement to HCD for review and comment consistent with the process in HCD’s SLA guidelines. For any future development proposal, the City Council will be the decisionmaker on the Coastal Development Permit. No action by the California Coastal Commission would be required because the site is outside of the Commission’s appeals boundary. 5 February 17, 2026 Item 9
City Council Agenda Report
Resolution for 10th Street SLA Determination
February 17, 2026
Consistent with Housing Element Program 3B, the City is seeking to issue building permits for an affordable housing development on the 10th Street site by 2027.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council for this agenda item.
ENVIRONMENTAL IMPACT:
This action is exempt from review under the California Environmental Quality Act (CEQA) Public Resources Code Section 21000 et. seq. and CEQA regulations (Title 14 of California Code Regulations Section 15000 et. seq.), pursuant to the Categorical Exemption in CEQA Guidelines Article 19, Section 15312 Surplus Government Property Sales.
HOUSING IMPACT:
The intent of this action is to implement the City’s certified 6th Cycle Housing Element Program 3B by declaring the City-owned 10th Street vacant lot exempt surplus land and following other procedures set forth in the Surplus Lands Act and HCD’s implementation guidelines. This will allow the City to seek developer proposals, process development approval, and enter into a ground lease. The goal is to build 8 small units for lower income households in a common structure on this lot in the downtown Del Mar Civic Center complex.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Implementation of the project is a Tier I City Council priority work plan item for Fiscal Years 2025-2026 and 2026-2027.
ATTACHMENT:
Attachment A – Resolution to Declare and Exempt 10th Street Surplus Property Attachment B – Legal Description and Plat Map (Parcel 3) 6 February 17, 2026 Item 9
ATTACHMENT A
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA DECLARING THE VACANT CITY-OWNED
REAL PROPERTY LOCATED WITHIN THE CITY’S CIVIC
CENTER, AND IDENTIFIED IN THE CITY’S STATE-CERTIFIED
6TH CYCLE HOUSING ELEMENT AS A SITE FOR LOWER
INCOME HOUSING DEVELOPMENT TO MEET A PORTION OF
THE CITY’S REGIONAL HOUSING NEEDS ALLOCATION
(RHNA), IS EXEMPT SURPLUS LAND
WHEREAS, the City of Del Mar owns real property that is vacant, developable property located at 10th Street which is Assessor's Parcel Number (APN) 300-093-17-00 as identified in Exhibit A to this Resolution (the "Property"), and commonly referred to as the 10th Street City-owned site identified in the City’s State-certified 6 th Cycle Housing
Element as a site for development of lower income housing to meet a portion of the City’s RHNA; and
WHEREAS, this Property is vacant land, located in a developed area of the City’s downtown village, and is only 0.10 acres (4,356 square feet) in size; and WHEREAS, the site is located within the coastal zone, east of the shoreline, and does not contain any sensitive coastal resources; and
WHERAS, the site is located within the City’s coastal development permit jurisdiction, which means prospective development on the site will be subject to approval of a coastal development permit issued by the City of Del Mar in accordance with Del Mar’s certified Local Coastal Program and that permit will not be appealable to the California Coastal Commission; and
WHEREAS, the City Manager and all City Departments reviewed and considered the Property and determined there is no higher priority City municipal use or need for this Property than affordable housing as identified in the City’s certified 6th Cycle Housing Element; and
WHEREAS, the Surplus Lands Act (California Government Code Sections 54220 through 54234) is generally intended to make land that is currently not needed by a local agency for the agency's use (surplus land) available for potential acquisition (i.e., ground lease or purchase) by affordable housing sponsors or other local entities; and WHEREAS, Government Code Section 54221(b)(1) requires the City Council to take formal action at a regular public meeting to declare the property surplus land or exempt surplus land, as supported by written findings, before the City may take any action to dispose of the property; and
WHEREAS, on January 29, 2026, the City posted a notice at City Hall and on the City website, published a legal ad in the Coast News on February 6, 2026, and mailed a public notice to interested persons and public entities that have jurisdiction where the surplus land is located (as defined in Surplus Lands Act Section 54222 and the California Health and Safety Code Section 50079); and
7 February 17, 2026 Item 9
Resolution No. 2026-XX
WHEREAS, under Government Code Section 54221(f)(1)(B) and Section Section103(c)(3)(A) of the Department of Housing and Community Development Updated Surplus Land Act Guidelines issued April 2021 and revised August 1, 2024 ("SLA Guidelines"), exempt surplus land includes surplus land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes; and WHEREAS, under Government Code Section 54221(f)(1)(A), exempt surplus land that is transferred pursuant to Government Code Section 37364, assuming: (i) not less than 80% of the Property will be used for development of housing; and (ii) not less than 40% of the total number of those housing units developed on the Property shall be affordable to households whose incomes are equal to, or less than, 75% of the maximum income of lower income households, and at least half of which shall be affordable to very low income households; and
WHEREAS, under Government Code 54221(f)(1)(F)(i), exempt surplus land that is to be developed for a housing development, which may have ancillary commercial ground floor uses, that restricts 100% of the residential units to persons and families of low or moderate income, with at least 75% of the residential units restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, for 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability, and in no event shall the maximum affordable sales price or rent level be higher than 20% below the median market rents or sales prices for the neighborhood in which the Property is located; and WHEREAS, the written findings supporting an exempt surplus land declaration must be provided to the California Housing and Community Development Department (HCD) for review at least 30 days before the City’s disposition of the land pursuant to Section 400(e) of the SLA Guidelines; and
WHEREAS, the City desires to lease the Property to an affordable housing developer to build and operate affordable rental homes for up to 8 lower income households which may allow the City to qualify for exempt surplus status under Government Code 54221(f)(1)(B), and /or Government Code 54221(f)(1)(A) and/or Government Code 54221(f)(1)(F)(i) depending on proposals from potential affordable housing developers; and
WHEREAS, this public purpose aligns with the statewide priority to promote affordable housing development on surplus public land; and WHEREAS, Section 103(d) of the SLA Guidelines states that if the land is located within a coastal zone, then a Notice of Availability for open space purposes must be sent via email or certified mail to the entities identified in Government Code 8 February 17, 2026 Item 9
Resolution No. 2026-XX
54222(b) and HCD, before the local agency may dispose of the land pursuant to Section 103(c)(3)(A); and
WHEREAS, declaring the Property is exempt surplus land and the adoption of this Resolution does not require or compel the City to lease or sell the property; and WHEREAS, declaring the Property exempt surplus land is contingent on compliance with the Park, Recreation and Open Space availability notices under Government Code Section 54222(b) which shall be completed prior to the City requesting development proposals for the Property; and
WHEREAS, the Council finds and determines that approval of this Resolution and declaration of the land as surplus land is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15312 of the State CEQA Guidelines which covers Surplus Government Property Sales; and WHEREAS, if approved, the prospective Ground Lease will provide that the affordable housing developer will own the improvements for the term of the ground lease, and the City will continue to hold all right and title in the Property and, act as the Lessor, in the ground lease.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that:
1. The above recitals are true and correct.
2. The Council finds and determines that the subject Property is no longer needed for the agency's use and is a vacant, City-owned property located within the City’s Civic Center complex on 10th Street and Camino del Mar, is not contiguous to land owned by the state or any other local agency that is used for open-space or low- and moderate-income housing purposes, and is 4,356 square feet and thus is less than one half acre (21,780 square feet) in size.
3. The Council finds and determines that the Property is in the coastal zone; therefore the City must comply with the Park, Recreation and Open Space availability notices required under Government Code Section 54222(b).
4. Upon completion of the noticing requirements under Government Code Section 54222(b), the City Council will issue a request for development proposal for the Property and determines that the Property is exempt surplus land: (a) as authorized under Government Code Section 54221(f)(1)(B), the Council’s future discretionary approval of a ground lease of the Property to an affordable housing developer and recordation of a use restriction committing the lessee to providing affordable housing units on the Property; and/or (b) consistent with Government Code Section 54221(f)(1)(A), the Council's future discretionary approval of a transfer pursuant to Government Code Section 37364, assuming:
(i) not less than 80% of the Property will be used for development of housing; and (ii) not less than 40% of the total number of those housing units developed 9 February 17, 2026 Item 9
Resolution No. 2026-XX
on the Property shall be affordable to households whose incomes are equal to, or less than, 75% of the maximum income of lower income households, and at least half of which shall be affordable to very low income households; and/or (c) as authorized under Government Code 54221(f)(1)(F)(i), the Council's future discretionary approval of a housing development, which may have ancillary commercial ground floor uses, that restricts 100% of the residential units to persons and families of low or moderate income, with at least 75% of the residential units restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, for 55 years for rental housing, 45 years for ownership housing, and 50 years for rental or ownership housing located on tribal trust lands, unless a local ordinance or a federal, state, or local grant, tax credit, or other project financing requires a longer period of affordability, and in no event shall the maximum affordable sales price or rent level be higher than 20% below the median market rents or sales prices for the neighborhood in which the Property is located.
5. While, similar to the entire City of Del Mar, this Property is located in the coastal zone, the Property is located within an urban infill location in a developed context, contains no sensitive coastal resources, and is designated in the General Plan, Zoning Code, State-certified Housing Element, and State-certified Local Coastal Program to allow for development of affordable housing.
6. This small, vacant City-owned 10th Street Property is explicitly listed in the City’s certified 6
th Cycle Housing Element as a site for development of lower income housing to meet a portion of the City’s regional housing needs allocation.
7. The City Manager or their designee is hereby directed to transmit a copy of this Resolution to the California Department of Housing and Community Development as soon as practicable but under no event later than thirty (30) days prior to the disposition of the Property, and are hereby authorized and directed to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including but not limited to the negotiation of a ground lease for the Property.
8. This Resolution is effective upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 17th day of February, 2026. _____________________________________
Tracy Martinez, Mayor
City of Del Mar
10 February 17, 2026 Item 9
Resolution No. 2026-XX
APPROVED AS TO FORM:
_______________________________
Christina Cameron, 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 17th day of February, 2026, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
11 February 17, 2026 Item 9
ATTACHMENT B
12 February 17, 2026 Item 9
13 February 17, 2026 Item 9
14 February 17, 2026 Item 9
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and Councilmembers
FROM: Marco Camacho, Finance Manager/Treasurer
Nestor Machado, Associate Management Analyst
via Ashley Jones, City Manager
DATE: February 17, 2026
SUBJECT: Approval of the Short-Term Rental Permit Fee
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council adopt Resolutions approving the Short-Term Rental (STR) Permit Fee (Attachment A) and amending credit card processing fees (Attachment B).
BACKGROUND:
On September 23, 2024, the City Council adopted Ordinance 1010 to establish guidelines for “Existing STRs” and new STRs. The Ordinance accommodates “Existing STRs”, which are defined as STRs operating in the City prior to the adoption of Ordinance 1010 where the owner timely registered the STR with the City as of the date stated in the Ordinance, which was December 31, 2024. City staff reviewed all registry submittals received before the December 31, 2024, deadline, and determined that 150 properties are considered an “Existing STR”.
Since the number of Existing STRs exceeds the City’s established STR cap of 129, permits for new STRs will only become available in the future through permit attrition.
On October 20, 2025, the City approved an agreement with Deckard Technologies for STR Administration software, known as Rentalscape. The software will assist with STR permitting, Transient Occupancy Tax (TOT) remittance, and monitoring of STRs.
On February 3, 2026, the City Council adopted Resolution 2026-04 that established the timing of the City’s STR Permit application period from March 2, 2026 through May 1, 2026. Prior to the STR Permit application window opening on March 2, the City will need to adopt a STR Permit Fee to issue permits upon application review and approval. Therefore, staff is recommending a STR Permit Fee for Council’s consideration as further detailed in this report.
The City’s Ordinance 1010 regulating STRs was approved and certified by the Coastal Commission with no modifications on February 5, 2026, therefore the City’s Permit Application Period can proceed as planned.
1 February 17, 2026 Item 10
City Council Agenda Report
STR Permit Fee Adoption
February 17, 2026
DISCUSSION/ANALYSIS:
The proposed STR Permit Fee is based on the reasonable costs of administering the STR Program and processing the associated permits. City required activities and costs related to the new STR Program include STR Permit processing, program administration, Rentalscape software costs, TOT remittance processing, program reporting, and any code enforcement related activities.
The proposed permit fee is a user fee designed to recover the cost of providing a specific service and levied on individuals or entities directly benefiting from or using the service. Under the STR regulations, this entails the voluntary action of those individuals or entities paying the STR Permit Fee for the right to operate a legal STR in the City of Del Mar. Adopting the recommended fee for full-cost recovery will ensure that the General Fund does not subsize the cost of this new service benefiting only STR operators.
Staff recommends a fee of $815 ($408/annually) for an initial STR Permit application, which would be valid for two years per the STR Regulations Ordinance, and a fee of $598 ($299/annually) for a bi-annual permit renewal. The initial fee amount is primarily based on the full costs for Planning and Finance staff to review and process the initial STR Permit applications for all 150 Existing STRs, along with related software costs. The bi-annual renewal fee reflects a reduced cost due to the reduction in staff time related to processing permit renewals.
Other Public Agencies’ Short-Term Rental Permit Application Fees City staff researched other public agencies’ STR Permit application fees to compare the City’s proposed fees as shown in Attachment C. For purposes of comparison, the City surveyed the same public agencies, including neighboring jurisdictions, used during the development of the STR Regulations Ordinance.
As indicated in Attachment C, the average annualized permit fees being charged were $645 for the initial fee and $341 for the renewal. Based on this information, the City of Del Mar’s proposed annualized fees of $408 for an initial STR permit and $299 for a permit renewal fall well below the average permit fee being charged by other agencies and just above the median.
As such, staff feels the proposed fees are reasonable and in line with the comparable market.
Once approved, the STR permit fee will be added to the City’s comprehensive user fee schedule.
Amendment to Credit Card Processing Fees
The City Council adopted Resolution 2022-73 on November 14, 2022, establishing fees for certain/specific credit and debit card and electronic fund transfer transactions and authorizing the City to pass associated processing fees on to customers. To facilitate collection of STR Permit Fees and Transient Occupancy Tax (TOT) remittances, staff recommends the City Council adopt the Resolution (Attachment B) that would repeal and replace Resolution 2022- 73 and allow the City to accept and pass all credit card convenience fees on to customers for any transaction, provided that such fees do not exceed the actual costs incurred by the agency or its agent. This approach provides the City with maximum flexibility to accept payments through 2 February 17, 2026 Item 10
City Council Agenda Report
STR Permit Fee Adoption
February 17, 2026
modern methods while avoiding undue costs to the City and its taxpayers and supporting convenient and efficient payment options for the public.
FISCAL IMPACT:
City Council approval of this item will allow the City to commence with the STR Permit application process and imposition of the new STR Permit Fee with fees anticipated to total $122,250 in the first two years ($61,125/annually). These anticipated revenues will be sufficient to cover the costs of staff time and software related to administering the new STR program.
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:
Implementation of Short-Term Rentals including establishing a STR Permit Fee is an identified Tier 1 Council priority for Fiscal Year 2025-2026.
ATTACHMENTS:
Attachment A – Resolution 2026-XX Establishing STR Permit Fee Attachment B – Resolution 2026-XX Approving credit card processing fees be passed on to customers
Attachment C – Fee Comparison Table
3 February 17, 2026 Item 10
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, ADOPTING THE CITY OF DEL MAR SHORTTERM RENTAL PERMIT FEE WHEREAS, City of Del Mar staff recommend the addition of a new Short-Term Rental (STR) Permit application fee to support the administrative costs related to approving the rental to comply with the City’s Short-Term Rental (STR) Regulations Ordinance; and
WHEREAS, the City desires to recover 100% of the costs it incurs to provide STR Permit application services to reduce the amount that general funds are diverted from general services; and
WHEREAS, the proposed STR Permit fee does not exceed the City’s reasonable administrative costs of providing such services; and
WHEREAS, the City Council reserves the right to modify the STR Permit fee in the future including but not limited to offering subsidies to achieve City Council goals; and WHEREAS, the City has, pursuant to California Government Code section 66016, provided notice of, conducted a public hearing, and has received written and oral communications regarding the adoption of the City’s STR Permit fee to recover the actual costs associated with the services provided.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar as follows:
SECTION 1: That the above recitals are true and correct and incorporated herein by reference; and
SECTION 2: The City Council hereby authorizes the acceptance of a STR Permit application fee for services rendered by the City and for fees, charges, or taxes due to the City; and
SECTION 3: The City Council hereby authorizes the imposition of an $815 initial STR Permit application fee valid for two (2) years and a $598 bi-annual renewal fee; and SECTION 4: The City Council hereby establishes a thirty (30) day period to pay initial STR Permit Fees with an additional ten (10) day grace period. Applicants who fail to pay their STR Permit Fee within the designated timeframe will not be issued an STR Permit as an Existing STR and are subject to New STR Requirements; and SECTION 5: The City Council hereby establishes that STR Permit Renewal applications and fees must be submitted prior to the STR Permit expiration date. Failure to renew the STR Permit prior to expiration will result in the STR Permit being revoked in accordance with Del Mar Municipal Code Section 30.96.080; and SECTION 6: The City Council finds that the above noted permit fees do not exceed the costs incurred by the City when persons apply and/or renew the STR Permit.
Attachment A 4 February 17, 2026 Item 10
Resolution No. 2026-XX
BE IT FURTHER RESOLVED, that the fee adopted as part of this Resolution become effective on the sixtieth (60th) day following its adoption (the “Effective Date”).
Upon the Effective Date, the fee identified and approved by this Resolution shall be levied, collected and disposed of in accordance with Chapter 1.16 of the Del Mar Municipal Code in effect as of the Effective Date, as applicable.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 17th day of February 2026. _____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
___________________________
Christina Cameron, 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 17th day of February 2026, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
_______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
Attachment A 5 February 17, 2026 Item 10
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, RESCINDING AND REPLACING
RESOLUTION 2022-73 AND APPROVING CREDIT CARD, DEBIT
CARD, AND ELECTRONIC FUND TRANSFER PROCESSING
FEES TO BE PASSED ON THE CUSTOMER
WHEREAS, increased customer use of credit cards, debit cards, and electronic fund transfers can result in significant processing costs to the City if fees are not passed on to customers; and
WHEREAS, Government Code Section 6159 permits the City, subject to approval of the City Council, to authorize the acceptance of a credit card, debit card, or electronic funds transfer for the payment for services rendered by the City and for fees, services and other debts owed to the City; and
WHEREAS, Government Code Section 6159 also expressly authorizes the City to impose a fee for the use of a credit card, debit card or electronic fund transfer, so long as the fee does not exceed the costs incurred by the City in providing for the payment; and WHEREAS, on November 14, 2022, the City Council adopted Resolution 2022-73 establishing convenience fees for use of credit cards, debt cards, electronic fund transfers, and other services fees associated with the use of credit card processing services, including current fees of approximately 3% of all transactions in processing and otherwise administrating transactions in which credit cards are used; and WHEREAS, to ensure cost recovery, credit card convenience fees may be periodically adjusted as necessary and shall not exceed the City’s actual costs for processing customer credit card, debit card, electronic funds transfer, or other related service fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar as follows:
SECTION 1: That the above recitations are true and correct and incorporated herein by reference; and
SECTION 2: The City Council hereby authorizes the acceptance of a credit card, debit card, or electronic funds transfer for the payment for services rendered by the City and for fees, charges, or taxes due to the City; and
SECTION 3: Pursuant to California Government Code section 6159(h), the City of Del Mar is hereby authorized to impose a fee for the use of a credit card or debit cards, electronic funds transfers, or related service fees, not to exceed the actual costs incurred by the agency or agent providing payment by credit or debit card or electronic funds transfer. These costs may include, but shall not be limited to, the payment to the card issuer, funds processor, or draft purchaser of a reasonable fee or discount; and SECTION 4: The City Manager, or their designee, is hereby authorized to do all things necessary to implement this resolution.
Attachment B 6 February 17, 2026 Item 10
Resolution No. 2026-XX
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held this 17th day of February 2026. _____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
___________________________
Christina Cameron, 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 17th day of February 2026, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
_______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
Attachment B 7 February 17, 2026 Item 10
STR Permit Fee Comparison
Agency Initial Fee (Annually) Renewal Fee (Annually)
San Clemente $140 $105
Carlsbad $225 $225
Oceanside $250 $250
Solana Beach $259 $146
Trinidad $300 $300
Newport Beach $300 $336
Half Moon Bay $304 $304
Carpinteria $339 $36
Santa Cruz $341 N/A
Carmel-by-the-Sea $360 Renewal fee varies based on business license gross receipts
Del Mar* $408 $299
Encinitas $425 $425
San Diego $640 $620
Pismo Beach $796 $920
Dana Point $803 $639
Palm Springs $1,046 $1,046
Avalon $4,029 $303
Laguna Beach** N/A N/A
Average Initial Permit Fee $645
Median Initial Permit Fee $341
*Del Mar fees are annualized for comparison only.
**Information was not available
Attachment C 8 February 17, 2026 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Martin Boyd, Principal Engineer
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: February 17, 2026
SUBJECT: Undergrounding Program Updates and UPAC Project Efficiency Subcommittee Presentation
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council receive a City staff update on the Undergrounding Program and a presentation from the UPAC Subcommittee on Project Efficiencies (Attachment A).
BACKGROUND:
The City of Del Mar continues to implement the citywide Undergrounding Program (UP), which will remove utility poles and replace overhead cables for electricity and telecommunications with underground lines. A map of the planned citywide Utility Undergrounding Districts (UUDs) is included as Attachment B. On July 12, 2021, the City Council authorized the formation of Stratford Court South (1A) and Crest Canyon (X1A) UUDs. On October 16, 2023, the City Council authorized the formation of Stratford Court North (1B) UUD.
Stratford Court South (1A) includes 56 poles and 7,500 linear feet of overhead conversion to 11,165 linear feet of underground trench involving 227 properties and 464 residences. There are fifty-five properties requiring undergrounding of their private service lateral at the expense of the property owner. The City awarded a construction contract to Teichert Utilities on July 8, 2024, following a public bid solicitation process in mid-2024. A notice to proceed was issued in August 2024, with an estimated construction completion date of March 2025. The City’s undergrounding construction activities are primarily for trenching and installation of conduit and substructures. Additionally, completion of the project necessitates close coordination with the utility companies – SDG&E, AT&T, Charter Communications/Spectrum, and Crown Castle. City Council approved a cost agreement with SDG&E on April 21, 2025 for their construction work, with pole removals anticipated by Fall 2025 at the time.
Crest Canyon (X1A) includes 82 poles and 12,520 linear feet of overhead conversion to 19,610 linear feet of underground trench involving 152 properties and 114 residences. There are eighty properties requiring undergrounding of their private service lateral at the expense of the property owner. The City awarded a construction contract to TC Construction on September 8, 2025, following a public bid solicitation process in mid-2025. A notice to 1 February 17, 2026 Item 11
City Council Agenda Report
Undergrounding Program Updates and UPAC Project Efficiency Subcommittee Presentation February 17, 2026
proceed was issued in October 2025, with an estimated construction completion date of October 2026. City Council approved the SDG&E cost agreement on September 22, 2025.
Pole removals are anticipated by staff to occur in Spring 2027; however, this timing is ultimately determined by the utility companies based on their construction schedules and outside of the City’s direct control.
DISCUSSION/ANALYSIS:
Stratford Court South (1A)
City Construction and Homeowner Service Laterals
The project is nearing the end of the construction phase. Despite multiple construction challenges, Teichert Utilities substantially completed the City’s construction activities by April 2025. On April 21, 2025, staff presented a detailed City construction update, including lessons learned, to the City Council. Teichert Utilities remains in the district to address minor items and assist utility companies as needed. Final paving will occur following completion of utility service cutovers. It is important to note that additional full-width pavement improvements are scheduled as part of the City’s Stratford Court South Pavement Improvements Project in Fiscal Year 2026-2027.
Following the City contractor’s phased work, the property owners were required to install their portion of the service laterals and upgrade electrical panels, as necessary, including obtaining SDG&E and City inspector approvals. The project team issued notices to proceed to property owners beginning January 26, 2025, and installations were mostly completed by May 2025.
Property owners achieved a 76% on-time completion rate for service lateral installation.
However, not all service lateral delays impacted the critical path schedule for construction, which is controlled by the timing of service cutovers.
SDG&E Status
SDG&E’s contractor, Michels, progressed faster than expected, completing cable and connections by June 2025, which was a month ahead of schedule. Service cutovers were expected to be finished by August 2025, and all but five were completed on time, resulting in a 91% on-time completion rate. The delays at the remaining five properties did impact SDG&E’s critical path schedule. Four of these were completed the following month, leaving only one property with a significant delay, which was completed in January 2026. SDG&E is now proceeding with overhead wire removals and anticipates completing pole removals by March 2026, contingent upon the completion of all work by the utility companies.
Most of the delayed service cutover locations were affected by private redevelopment work, which prevented final meter placement. The solution was installation of a temporary meter, which is now identified as a lesson learned for future projects. However, these delays impacted the schedule by only one month.
The primary delay affecting SDG&E progress occurred at 615 Stratford Court. The property owner requested an upgrade for the apartment property from single-phase to three-phase service separate from the undergrounding coordination, which required a separate service 2 February 17, 2026 Item 11
City Council Agenda Report
Undergrounding Program Updates and UPAC Project Efficiency Subcommittee Presentation February 17, 2026
order managed by a different SDG&E team. Completion at this property was necessary before overhead and pole removals could proceed.
It is important to note that the utility companies are responsible for managing their respective scopes of work under separate contracts, including cables and connections, service cutovers, overhead removals, and pole removals. This work drives the final phase of the overall project schedule. However, this work is also dependent on completion of City construction and homeowner service lateral installations to allow for pole removals. While the City has agreements in place with the utility companies, those agreements provide limited ability for the City to control their schedules.
Telecommunications Status
The AT&T agreement was executed prior to construction, and AT&T was kept informed of the City’s construction schedule throughout the project with regular coordination with the project team. AT&T originally anticipated completing its work by October 2025, consistent with the City’s goal of achieving overall project completion by Fall 2025. However, AT&T’s latest schedule indicates completion by the end of February 2026, which aligns with planned pole removals in March 2026. SDG&E is currently performing overhead removals (pole topping) in preparation for the final pole removals.
Materials procurement by AT&T was one of the primary contributors to the two-month schedule delay. AT&T follows an internal process that defers final engineering and material procurement until as-built drawings are provided by the City’s contractor, which occurs near the end of City construction. In addition, AT&T encountered design challenges at intercept locations, which required additional time to resolve. A lesson learned has been identified for intercept locations, and AT&T is now coordinating earlier with the project team for Crest Canyon (X1A) to proactively address these issues.
Spectrum/Charter and Crown Castle both performed well during construction and did not impact the critical path project schedule. Spectrum/Charter began work as soon as feasible, with most construction completed by August 2025 and full completion achieved by November 2025. Crown Castle’s scope was more limited than the other utilities, but its work was completed by early December 2025.
Budget Status
As presented to the City Council on April 21, 2025, the total project cost for Stratford Court South (1A) is estimated at $8.06 million. This includes the construction contract with Teichert Utilities for $4.6 million, approved related task orders for construction support services totaling $486,763, SDG&E cost agreement of $1.6 million, and an authorized project contingency of $511,531. The estimated cost per linear foot of overhead conversion for the project is $1,075, while the cost per linear foot of joint trench is $722, which includes contingency and inflation.
To date, $176,381 in additive change orders and amendments, $94,646 in deductive change orders, and a $51,352 credit have been approved for the project, resulting in a net of $81,735 in contingency expenditures, or 16% of the budgeted contingency amount. Of note, a $51,352 credit has been set aside for the Stratford Court South Pavement Improvements Project and 3 February 17, 2026 Item 11
City Council Agenda Report
Undergrounding Program Updates and UPAC Project Efficiency Subcommittee Presentation February 17, 2026
is not accounted for as a deduction. An additional $85,000 in proposed change orders from Teichert Utilities is still under review, though approval is not guaranteed. Throughout construction, the project team has identified approximately $570,000 in savings, which has avoided additional change order billing. Furthermore, SDG&E has reported net change order billing of $31,000, or 15%, from its billable contingency allocation of $207,767 for its portion of the work to date. The final change order amount will be determined upon project completion after all additive and deductive change orders have been accounted for.
Crest Canyon (X1A)
Project Status
The Crest Canyon project is currently in the construction phase. TC Construction provided a baseline schedule showing City construction for Work Zone 1 from October 2025 to February 2026, Work Zone 2 from February to May 2026, and Work Zone 3 from May to September 2026. Consistent with prior City Council direction, staff plans to provide updates to the Council at the completion of each work zone. The next updates are anticipated in June and October 2026, but are subject to change depending on actual timing for work zone completion.
Work Zone 1 is currently underway and is anticipated to be substantially completed by the middle of March, approximately two weeks beyond the original end of February completion date due to unforeseen conditions as further described below. However, the overall project schedule remains on track. The contractor anticipates making up time in Work Zones 2 and 3 and is already ahead of schedule in Work Zone 2, where initial activities planned for the middle of February started ahead of schedule in early January. It is important to note that unforeseen conditions may extend the anticipated timelines for individual work zones as well as the overall project schedule.
Overall, construction in Work Zone 1 has been successful, with minimal design changes.
Lessons learned from Stratford Court South (1A) have been implemented, including early development of the Storm Water Pollution Prevention Plan (SWPPP) to avoid construction delays and close coordination with residents. While some challenges have been encountered, none have been unmanageable. These include:
Utility conflicts related to abandoned utility lines and existing utilities differing from the improvement plans. Additional exploratory digging has been required, though design adjustments have been minor.
Environmental monitoring, which was not required for Stratford Court South (1A). All requirements have been met without setbacks.
Temporary reallocation of TC Construction resources to assist with an unrelated emergency storm drain repair located within the project vicinity. Although unanticipated, the emergency repair addressed work that was planned for the San Dieguito Drive Improvement Project, which will reduce the overall scope and cost of that project. 4 February 17, 2026 Item 11
City Council Agenda Report
Undergrounding Program Updates and UPAC Project Efficiency Subcommittee Presentation February 17, 2026
Deteriorated pavement conditions on San Dieguito Drive between Racetrack View Drive and Oribia Road, which have made joint trench construction challenging and required care to limit the extent of paving.
The narrow width of Oribia Road, necessitating close coordination with residents during construction.
Design coordination among five sets of plans (Civil, SDG&E, AT&T, Spectrum/Charter, and Crown Castle), which has at times been challenging and highlighted a lesson learned to better define the scope for service lateral stubs in the specifications.
Following the City contractor’s phased work, the property owners will be required to install their portion of the service laterals and upgrade electrical panels, as necessary, including obtaining SDG&E and City inspector approvals. Extensive coordination has already occurred with residents, and they will have approximately two months to complete their work to connect to the point of connection established by the City’s contractor. To date, fifteen of the thirty property owners in Work Zone 1 have been issued a notice to proceed for installation of their service lateral.
Cable and connections, services cutovers, cable poles, and overhead removals by the utility companies will be completed after all homeowners have completed their lateral installations.
Overall, the homeowner installations and utility companies’ work are expected to take approximately six to eight months following completion of the City contractor’s work with completion of all construction expected in March to May 2027. However, as noted above, final completion of the project and utility pole removal is dependent upon schedules determined by the utility companies, which is outside of the City’s direct control.
Budget Status
As presented to the City Council on September 22, 2025, the total project cost for Crest Canyon (X1A) is estimated at $12.78 million. This includes the construction contract with TC Construction for $7.1 million, approved related task orders for construction support services totaling $906,313, SDG&E cost agreement for $2.8 million, and authorized $712,877 in project contingency. The cost per linear foot of overhead conversion for the project is estimated at $1,021, and the cost per linear foot of joint trench is estimated at $652, which includes contingency and inflation. To date, $9,882 in change orders have been approved for TC Construction with an additional $21,855 pending review, and approximately $110,000 in savings identified.
Stratford Court North (1B)
The Stratford Court North project is currently in the design phase. The 60% SDG&E design for Stratford Court North (1B) underwent formal review by staff and the consultant team in 2025. The final 60% design is expected this month, pending revisions to a challenging design issue that is expected to result in anticipated project cost savings. 5 February 17, 2026 Item 11
City Council Agenda Report
Undergrounding Program Updates and UPAC Project Efficiency Subcommittee Presentation February 17, 2026
Staff and the consultant team have also completed the preliminary environmental determination, conducted extensive homeowner outreach (with only five permit-to-enter forms remaining), finished two rounds of City civil design review, and coordinated telecommunications designs. Completion of upcoming preconstruction and bidding activities following the final 60% SDG&E design will cumulatively take approximately 8-12 months.
Construction is currently anticipated in the second half of Fiscal Year 2026-2027, contingent upon the City receiving the necessary easements and permit-to-enter forms from property owners. The City’s construction duration is estimated at 4 months with the full project timeline to pole removals estimated at 10 months.
As presented to the City Council on September 22, 2025, the total project cost for Stratford Court North (1B) is estimated at $4.77 million in Fiscal Year 2026-2027 dollars, based on the latest cost estimates. This total includes SDG&E’s preliminary cost estimate of $707,070 and the City’s construction costs of $3.43 million. The estimated cost per linear foot for overhead utility conversion is $1,248, which includes contingency and inflation. It is important to note that the final engineer’s estimate, including detailed quantities for City construction, will be provided to the City Council once the plans are finalized.
Updated Cash Flow Analysis
On September 22, 2025, the City Council received an update from City staff regarding Undergrounding Program Financing and Projects and the Council approved a $5 million loan with IBank to fund portions of Crest Canyon (X1A) and Stratford Court North (1B). The Council direction in September 2025, was for staff to return in Spring 2026 to provide a comprehensive update on the Undergrounding Program, including an updated long-term cashflow through UP completion and next steps for the 25th Street and Beach Colony (2) UUDs. Since September 22, 2025, staff has been working on updating the program cost estimates and cash flow analysis to reflect latest project costs, IBank financing proceeds, and anticipated expenditures and revenues on a pay-go basis through UP completion based on prior Council direction. The updated cash flow analysis will be presented to the Undergrounding Program Advisory Committee (UPAC) on February 23, 2026, and subsequently to the City Council, which is currently planned for March 3, 2026.
UPAC Project Efficiency Subcommittee
On June 12, 2025, the UPAC formed a Project Efficiency Subcommittee to examine current processes and help identify cost savings and project efficiencies by benchmarking performance and market metrics, scenario planning high-probability risks and opportunities, and proactively raise limited-regret refinements and/or potential game-changers.
On September 11, 2025, UPAC approved the Subcommittee’s proposed objectives for its first task of developing a preliminary benchmark report outlining initial findings based on data gathered from local municipalities and the California Public Utilities Commission (CPUC) annual reporting on undergrounding project costs and metrics. A presentation of the Subcommittee’s initial findings was provided to UPAC on December 11, 2025, and is included with this report as Attachment B. This information will be presented to the City Council by the UPAC Subcommittee as part of the agenda item related to this report on February 17, 2026. 6 February 17, 2026 Item 11
City Council Agenda Report
Undergrounding Program Updates and UPAC Project Efficiency Subcommittee Presentation February 17, 2026
Below is a summary of the UPAC Subcommittee key findings:
1) Del Mar’s cost for undergrounding is on the lower end of the total installed price ranges when compared to comparable local cities.
2) SDG&E appears to operate with the highest 20B costs among California Investor-Owned Utilities (IOUs), although these fees total less than 21% of Del Mar’s total project cost.
3) Del Mar has reduced SDG&E's scope more than other cities, and our current total costs are slightly less than San Diego's 2015 costs when adjusted for Inflation (CCCI).
4) 20B estimated costs are showing a future increase in some SDG&E reports, which matched the price increase pattern that preceded San Diego’s 2019 price increase. However, current estimate increases have not shown up in any actual construction cost data to date.
5) Private Projects (20C) do average around 30% less than Community projects (20B), but the median Private Projects are often not cheaper, and Del Mar is unlikely to capture average savings at scale even if permitted. Moreover, Del Mar is not legally allowed to fund 20C projects.
6) Del Mar has executed a handful of strategies that have further reduced our cost compared to other SoCal Communities.
FISCAL IMPACT:
There is no fiscal impact or action required by the City Council for this agenda item.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Utility Undergrounding is listed as a Tier 1 City Council priority for FY 2025-2026.
ATTACHMENTS:
Attachment A – UPAC Subcommittee Presentation
Attachment B – UP Citywide Map
7 February 17, 2026 Item 11
Preliminary
Benchmarks
U N D E R G R O U N D I N G P R O J E C T
E F F I C I E N C Y S U B C O M M I T T E E
F e b 1 7 t h 2 0 2 6 , C i t y C o u n c i l M e e t i n g W o r k i n g
D R A F T
0 2 / 2 / 2 0 2 6
8 February 17, 2026 Item 11
OVERVIEW
Undergrounding Project Efficiency Subcommittee
Members: Adam Wallace (Chair) & Tom McGreal
D escriptio n: Examine the current process and help identify cost savings & project efficiencies by:
To Date:
A. Benchmarking performance & market metrics,
To Come:
B. Scenario Planning high-probability risks and opportunities, C. Proactively Raise limited-regret refinements and/or potential gamechangers. 2 S u b c o m m i t t e e D e s c r i p t i o n
9 February 17, 2026 Item 11
AGENDA - Benchmarking
Undergrounding Project Efficiency Subcommittee 3 T o d a y s T o p i c s Overview:
1) Executive Summary • Bottom Line Up Front
A. Benchmarks:
2) Local City Comparables • Shared by San Diego, Coronado & Laguna Beach 3) CA Utility Company Comparables • As Reported by SDG&E, SCE & PG&E 4) San Diego’s Undergrounding • Background History
5) San Diego’s ’Joint Projects’ Model • San Diego City’s New Project Execution Model 6) Private Undergrounding Cost • Cost Difference Under The 20B & 20C Rule Sets 6) Key Call Outs • With Take-A-Ways and Next Steps
10 February 17, 2026 Item 11
The great thing
is to get the
True Picture,
whatever it is
- Winston Churchill
11 February 17, 2026 Item 11
1) EXECUTIVE SUMMARY
Bottom Line Up Front
1) Del Mar’s cost for undergrounding is on the lower end of the total installed price ranges when compared to comparable local cities.
2) SDG&E appears to operate with the highest 20B costs among California InvestorOwned Utilities (IOUs), although these fees total less than 21% of Del Mar’s total project cost.
3) Del Mar has reduced SDG&E's scope more than other cities, and our current total costs are slightly less than San Diego's 2015 costs when adjusted for Inflation (CCCI). 4) 20B estimated costs are showing a future increase in some SDG&E reports, which matched the price increase pattern that preceded San Diego’s 2019 price increase.
However, current estimate increases have not shown up in any actual construction cost data to date.
5) Private Projects (20C) do average around 30% less than Community projects (20B), but the median Private Projects are often not cheaper, and Del Mar is unlikely to capture average savings at scale even if permitted. Moreover, Del Mar is not legally allowed to fund 20C projects.
6) Del Mar has executed a handful of strategies that have further reduced our cost compared to other SoCal Communities. 5
P R EL I M
D R A F T O v e r v i e w
12 February 17, 2026 Item 11
2) LOCAL COMPARABLES
Cost Per Underground Foot
6 U n d e r g r o u n d i n g B e n c h m a r k s Engineering to Recently Closed Projects City Total1 T&C2 SDG&E3
Del Mar4 $693 $391 $146
Coronado $1,534 $668 $479
San Diego6 $1,752 $1,330 $266
Laguna Beach $750 $493 $2195
P R EL I M
D R A F T
Summary
1) City/T&C construction costs for Del Mar are approximately 21% to 71% lower than those of the other cities.
2) SDG&E costs for Del Mar are approximately 33% to 70% lower than those of the other cities.
General Notes
A. San Diego operates under their own rule set that
includes Tax, less credits, and includes customer
laterals.
B. According to SDG&E, unique challenges in the
Coronado projects may be driving higher costs. The
estimates may also be conservative, like the initial Del Mar estimates.
C. Laguna Beach is unique in having both SDG&E and
SCE projects. The SDG&E costs appear to be roughly
double those of SCE.
The City will continue to track these costs and will request cost information from other cities, such as Solana Beach as their project progress.
13 February 17, 2026 Item 11
2) LOCAL COMPARABLES
Cost Per Underground Foot
7 U n d e r g r o u n d i n g B e n c h m a r k s
P R EL I M
D R A F T
Footnotes
1. Project definition and program strategies varies by each city. For example, Coronado includes ITCCA and excludes design and construction services, while San Diego excludes SDG&E credits.
2. T&C Represents the City construction costs for trench and conduit. San Diego may include soft costs.
3. SDG&E costs are calculated after applying credits and ITCCA and require interpolation for San Diego.
4. Del Mar costs are adjusted to FY 2026 dollars.
5. Laguna Beach SDG&E number, reflects SDG&E costs only and does not include SCE projects.
6. San Diego does not have 20B projects, they operate under their own ‘Surcharge Program’
7. If we included Del Mar lateral costs like San Diego, it would add approximal +$71 per underground foot.
14 February 17, 2026 Item 11
3) CA Utility Company Comparables
Investor-Owned Utilities (IOUs) U n d e r g r o u n d i n g B e n c h m a r k s In Construction to Closed Projects - Price Score1-4 Description SDG&E SCE PG&E Project
Type:
20A Main Corridors 1,064 996 914
775 336 331 City / Community
Projects 20B
20C Customer Projects 384 355 518
Footnote
1. SDG&E, Southern California Edison (SCE), and Pacific Gas & Electric (PG&E), report annually on their Rule 20 undergrounding programs to the California Public Utilities Commission (CPUC). This data is as reported from the latest 2024 reports
2. Price Score is determined by the reported Project Cost (Actual) Per Foot of Primary UG Circuit and shown by Project Type.
3. Data is ‘as reported’ to the CPUC with limited detail for comparison with other cost data, so the above Price Score is used to enable broader comparisons across IOUs.
4. THESE NUMBERS CANNOT BE COMPARED TO COSTS ON ANY OTHER SLIDE
5. CPUC reports for 2025 are due April 1, 2026 as a further update SCE had projects at $5185.31 & 2594.97 and
SDG&E at 8139.59 trimmed from this chart for
display purposes.
P R EL I M
D R A F T
SDG&E SCE PG&E
0 200
400
600
800
1,000
1,200
1,400
1,600
1,800
20B Construction-Closed Project Data
Summary: SDG&E appears to operate with the highest 20B costs among California Investor-Owned Utilities (IOUs), although these fees total less than 21% of Del Mar’s total project cost. 15 February 17, 2026 Item 11
4) San Diego’s Undergrounding
Background History
9 U n d e r g r o u n d i n g B e n c h m a r k s
P R EL I M
D R A F T
$391
$146
$156
$707
$226
SD Started undergrounding in the 1960s and has Historically Undergrounded ~12-15 miles per year since 2002
1967 - Rule 20A Funding Created: required SDG&E to devote 1.15% of gross receipts to undergrounding. 1970 - 50-year Franchise Agreement: with SDG&E for electric and gas services $357
$525 $510 $508
$927 $997
$1,307 $1,364
$1,761
$-
$500
$1,000
$1,500
$2,000
2008 2009 2010 2011 2012 2013 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 20A 20B 2 per. Mov. Avg. (20B)
Estimate History ‘Price Per Foot*’
*SD’s reporting distance has evolved from Overhead, to Trench, to Total Installed, and now to Streets Miles undergrounded, each reporting methodology change lowers the apparent reported cost per foot, this graph shows the project estimates ‘as reported’ at the time.
2002 - Surcharge Funding Added: 3.53%
surcharge fee based on gross receipts from
SDG&E customers within the City of San
Diego.
2022 – 20A eliminated & New MOU agreed
which added the option of a Joint Project
model in response to increasing cost.
2025 – Increasing annual spend by 5X
16 February 17, 2026 Item 11
4) San Diego’s Undergrounding
Background History
10 U n d e r g r o u n d i n g B e n c h m a r k s
P R EL I M
D R A F T
$391
$146
$156
$707
$226
San Diego is now increasing their annual spend 5X
17 February 17, 2026 Item 11
5) San Diego’s New ’Joint Projects’ Model
v . s . $1,752 on their standard project model
11 P R EL I M
D R A F T
Summary for Del Mar T&C Construction costs are the largest undergrounding expense. Awarded to lowest bidder and costs are highly variable. E.g. Lowest bidder for Crest Canyon (X1A) saved us an additional 20%
compared to second lowest. As of today, likely single digit savings available to Del Mar with this strategy. But worth further exploration as a valid possible mitigation to help offset any
future Investor-Owned Utility 20B fee
increase However, 20B projects are not allowed
to bring engineering in house /
contract directly.
Total $1,075 per Trench Foot1-2 Total $693 per Trench Foot Footnotes
1. San Diego T&C cost includes private property laterals.
2. Other capitalized city assets such as streetlights and pedestrian curb ramps were removed from this analysis.
3. SDG&E Costs are reduced based on Credits. The cost prior to credits are 30%.
$391
$146
$156
$707
$226
$142 U n d e r g r o u n d i n g B e n c h m a r k s R o l a n d o B l o c k 7 G 2 ( U U 2 0 9 ) | C D 9
18 February 17, 2026 Item 11
6) Private Undergrounding Cost
SDG&E’s 2023 & 2024 Construction-Closed
12 Project Type Average Cost
$955 Community / neighborhood
scale projects 20B
$677 Private-pay for groups
of individual properties 20C
Summary:
1) 20C projects appear to be up to 30% cheaper on average than 20B
2) However, the median 20C cost is higher and range is wider. 3) Many 20B and 20C projects cost the same.
4) Moreover, the probability of capturing savings is low at scale, especially when accounting for management,
coordination and city requirements.
5) Furthermore, 20C projects receive substantially less credits than 20B projects and the City cannot legally participate.
P R EL I M
D R A F T
B C
$0
$500
$1,000
$1,500
$2,000
$2,500
$3,000
$3,500
$4,000 U n d e r g r o u n d i n g B e n c h m a r k s20B vs 20C Cost Per Trench Foot 19 February 17, 2026 Item 11
7) KEY CALL OUTS
With Take-A-Ways and Next Steps
13 U n d e r g r o u n d i n g B e n c h m a r k s
P R EL I M
D R A F T
Captured Savings (To Date):
1) Implemented a contracting strategy to
reduce SDG&E’s scope more than other
cities (e.g. Civil construction, civil design,
homeowner outreach, and telecommunications
coordination, etc.).
2) Del Mar requested and SDG&E waived
the ITCCA fees.
3) Communications Utilities Self-Fund
their Scope.
4) Implanted Strategy to Maximize SDG&E
credits and minimize change orders.
Future Possibilities (Unvetted):
1) Continue: Explore further cooperation
agreements with SDG&E to optimize
interfaces and scope delivery.
2) Continue: Evaluate and optimize cost
(funding and financing), scheduling, and
community impact tradeoffs in the project
scenarios.
3) New: Create City Council alignment on
contingency plan if total installed cost
change by greater than +/-25% expected
estimates.
20 February 17, 2026 Item 11
References
UNDERGROUNDING PROJECT EFFICIENCY SUBCOMMITTEE
14 P r e l i m i n a r y B e n c h m a r k s California Public Utilities Commission (CPUC) Rule 20 Reports
1) SDG&E
1) Electric Rule 20 Guidebook
2) 2024
3) 2023
2) SCE
1) Electric Rule 20 Guidebook
2) 2024
3) 2023
3) PG&E
1) Electric Rule 20 Guidebook
2) 2024
San Diego – UG Reports
1) 2015
2) 2017
3) 2019
4) 2021
5) 2024
6) 2025
San Diego - SDG&E • 2015 Audit Report • 2024 Audit Report • 2022 MOU with San Diego 21 February 17, 2026 Item 11
ATTACHMENT E
22 February 17, 2026 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: February 17, 2026
SUBJECT: Update to 2026 City Council Regional and Local Appointments REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council review and approve any necessary updates to the 2026 City Council Regional and Local Appointments (Attachment A) following Councilmember Terry Gaasterland’s recent resignation from several Council liaison assignments.
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. Each year, the City Council reviews local and regional appointments and makes or affirms appointments for the calendar year in accordance with Council historical practice and City Council Policy 101 (Attachment B). The City Council approved the 2026 Regional and Local Appointments on January 6, 2026, which is included for reference as Attachment A.
DISCUSSION/ANALYSIS:
On January 27, 2026, Councilmember Gaasterland notified staff that due to time constraints regarding her professional responsibilities at the University of California San Diego, she has resigned as Council Liaison to the Lagoon (Primary), Finance (Alternate), and Undergrounding Program Advisory (Primary) committees (Attachment C).
Staff requests that the City Council discuss how to best address the Council Liaison vacancies and provide direction to staff to amend the 2026 Regional and Local Appointments as appropriate.
ATTACHMENTS:
Attachment A – 2026 City Council Local and Regional Appointments Attachment B – City Council Policy 101
Attachment C – Gaasterland Committee Resignation Notification 1 February 17, 2026 Item 12
DEL MAR CITY COUNCIL
2026 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 6, 2026 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
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 Terry Gaasterland Tracy Martinez 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 Tracy Martinez John Spelich Civic Center Operations Guide Subcommittee John Spelich Terry Gaasterland 2 February 17, 2026 Item 12
DEL MAR CITY COUNCIL
2026 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 6, 2026 2
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 Bi-Annual Meetings Mayor Deputy Mayor
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 p.m.
Tracy Martinez John Spelich
Regional Solid Waste Association (RSWA)*
Meets quarterly at 9:00 a.m. or as-needed John Spelich Dan Quirk San Diego County Water Authority*
Meets 4th Thursday of the month at 9:00 a.m.
Appointed 3/12/2023
Mel Katz City Manager
3 February 17, 2026 Item 12
DEL MAR CITY COUNCIL
2026 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 6, 2026 3
Organization Primary Alternate
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)
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.
Terry Gaasterland
(alternate position)
John Spelich (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.
4 February 17, 2026 Item 12
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. 5 February 17, 2026 Item 12
1 Sarah Krietor
From: Terry Gaasterland
Sent: Tuesday, January 27, 2026 9:40 AM
To: Ashley Jones
Cc: Sarah Krietor
Subject: Resignation from three Committees
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Ashley and Sarah,
I am writing to notify you of my resignation as Council liaison to the following three Advisory Committees due to time constraints regarding my professional responsibilities at UCSD:
• Finance
• Lagoon
• Undergrounding
I have looked carefully at my schedule this year, and it is not possible for me to continue as liaison to these committees.
Respectfully,
Terry
Terry Gaasterland
m:
[email protected]
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6 February 17, 2026 Item 12
City of Del Mar
Council Liaison Report
TO: Honorable Mayor and City Council Members
FROM: Dwight Worden, Del Mar Representative to the Metro JPA DATE: February 17, 2026
Metro Sewer JPA February 5, 2026
Highlights: SARA Update: As of February 9th, nine Participating Agencies’ Councils/Boards have approved the Second Amended and Restated Agreement (SARA) and Administrative Agreement No. 1 (AA1). Notably, both the largest Participating Agency (Chula Vista) and the smallest (Del Mar) approved the agreements unanimously on the same evening (January 20) through their consent calendars. This was followed by approval from the City of Imperial Beach the following night, and from National City and Otay during the first week of February.
El Cajon and the County of San Diego are scheduled to consider approval in late February and March, respectively.
Pure Water Program: The City of San Diego released its annual report on the Pure Water Program. The report is here:
https://www.sandiego.gov/sites/default/files/2026-01/pur-art-annual-report-2025- ada-012326_v15.pdf
Full Pure Water program information can be found on the City of San Diego’s website at: https://www.sandiego.gov/public-utilities/sustainability/pure-watersd/information Executive Director Recruitment: Metro has started the process to recruit an Executive Director. I have provided materials to the city manager and staff to help spread the word. I’m serving on the recruitment committee and will keep you appraised.
COMMENTS AND IMPRESSIONS [These reflect my personal comments and impressions and not necessarily the views of the council or the committee] Busy, but all goes well.
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