E-12 Two (2) medians on Coast Boulevard by 2120 Coast Blvd, totaling approximately 614 SF.
E-13 Parkway near Camino Del Mar at Court Street, approximately 3,635 SF.
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property E-13
Supervisory Inspection 12 $
Irrigation - Inspection (M) 12 $
Debris Removal 52 $
Weed Removal 52 $
Mulch 12 $
Pruning - Shrubs / Groundcover 12 $
Edging 52 $
TOTAL PROPERTY E-13 $
E-14 Bulb out on Camino Del Mar at 29th Street (east side), approximately 162 SF.
E-15 Four (4) Chicanes near 1429, 1345, 1042, 1016 Crest Road, approximately 162 SF.
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property E-12
Supervisory Inspection 12 $
Irrigation - Inspection (M) 12 $
Debris Removal 52 $
Weed Removal 52 $
Mulch 12 $
Pruning - Shrubs / Groundcover 12 $
TOTAL PROPERTY E-12 $
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property E-14
Supervisory Inspection 12 $
Irrigation - Inspection (M) 12 $
Debris Removal 52 $
Weed Removal 52 $
Mulch 12 $
Pruning - Shrubs / Groundcover 12 $
TOTAL PROPERTY E-14 $
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property E-15
Supervisory Inspection 12 $
Irrigation - Inspection (M) 12 $
Debris Removal 52 $
Weed Removal 52 $
Mulch 12 $
Pruning - Shrubs / Groundcover 12 $
Hand water 26 $
TOTAL PROPERTY E-15 $
$1.16
$1.67
$0.67
$5.36
$1.74
$8.70
13.92 20.04
34.84 278.72
20.88 104.40
$1.54
$19.34
$0.89
$7.14
$2.32
$11.60
$0.27
18.48 232.08
46.28 371.28
27.84 139.20
14.04 $1.54
$19.34
$0.89
$7.14
$2.32
$11.60
18.48 232.08
46.28 371.28
27.84 139.20
$1.16
$14.51
$0.67
$5.36
$1.74
$8.70
$4.76
13.92 174.12
34.84 278.72
20.88 104.40
123.76
472.80
849.20
835.16
750.64
ATTACHMENT B 145 April 7, 2026 Item 4
F. PLANTED AND IRRIGATED STREET ENDS WHICH MAY INCLUDE SHRUBS, FLOWERS,
GROUNDCOVER, NATIVE VEGETATION, PAVED AREAS, ACCESS RAMPS, DECOMPOSED
GRANITE WALKWAYS, SIDEWALKS, AND GUTTERS
F-1 Planted street-end at the west end of 19th Street between Ocean Front and the Seawall including about 5,500 SF.
F-2 Approximately 2,000 SF at 20th Street between Ocean Front and the lifeguard station, bounded on the south by a private wooden fence and the north by a private residence. Include the sidewalk access to the beach.
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property F-2
Supervisory Inspection 12 $
Irrigation - Inspection (A) 12 $
Debris Removal 52 $
Weed Removal 52 $
Pruning - Shrubs / Groundcover 12 $
Edging 52 $
TOTAL PROPERTY F-2 $
F-3 Planted street-end at the west end of 21st Street between Ocean Front and the beach seawall containing approximately 3,500 SF.
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property F-3
Supervisory Inspection 12 $
Irrigation - Inspection (A) 12 $
Debris Removal 52 $
Weed Removal 52 $
Pruning - Shrubs / Groundcover 12 $
Fertilization - Shrubs / Groundcover 4 $
Edging 52 $
TOTAL PROPERTY F-3 $
TASK DESCRIPTION LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property F-1
Supervisory Inspection 12 $
Irrigation - Inspection (A) 12 $
Debris Removal 52 $
Weed Removal 52 $
Mulch 12 $
Pruning - Shrubs / Groundcover 12 $
TOTAL PROPERTY F-1 $
$1.16
$1.67
$0.67
$5.36
$1.74
$8.70
13.92 20.04
34.84 278.72
20.88 104.40
$3.16
$39.48
$1.83
$14.58
$23.69
$0.55
37.92 473.76
95.16 758.16
284.28
28.60 $2.32
$29.01
$1.34
$10.71
$17.41
$27.85
$0.40
27.84 348.12
69.68 556.92
208.92
111.40
20.80 472.80
1,677.88
1,343.68
ATTACHMENT B 146 April 7, 2026 Item 4
F-4 Planted street-end at the west end of 22nd Street between Ocean Front and the beach seawall containing approximately 3,500SF.
F-5 Street-end located at 25th Street between Ocean Front and the east side of the lifeguard tower including parking areas containing approximately 2,800 SF.
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property F-4
Supervisory Inspection 12 $
Irrigation - Inspection (A) 12 $
Debris Removal 52 $
Weed Removal 52 $
Pruning - Shrubs / Groundcover 12 $
Fertilization - Shrubs / Groundcover 4 $
Edging 52 $
TOTAL PROPERTY F-4 $
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property F-5
Supervisory Inspection 12 $
Irrigation - Inspection (A) 12 $
Debris Removal 52 $
Weed Removal 52 $
Mulch 12 $
Pruning - Shrubs / Groundcover 12 $
Fertilization - Shrubs / Groundcover 4 $
Edging 52 $
TOTAL PROPERTY F-5 $
$2.32
$29.01
$1.34
$10.71
$17.41
$27.85
$0.40
27.84 348.12
69.68 556.92
208.92
111.40
20.80 $1.60
$19.17
$0.91
$7.40
$2.01
$12.02
$19.23
$0.19
19.20 230.04
47.32 384.80
24.12 144.24
76.92 9.88
1,343.68
936.52
ATTACHMENT B 147 April 7, 2026 Item 4
G. RIVERPATH AREAS INCLUDING NATIVE PLANTINGS WITHOUT IRRIGATION, DG PATHWAYS, BORDER MATERIALS, AND SHRUBS.
G-1 West Riverpath Del Mar to include DG path, shrubs, plants, and benches. Area West from Jimmy Durante Roundabout and South of San Dieguito River, west to within 50’ of Railroad, containing approximately 1.4 acres. Maintain 1–2-foot clearance on either side of DG path and ensure border material in good condition. Remove any dead plant material.
G-2. East Riverpath and Parking Lot to include DG path, border material, shrubs, plants, and benches.
Area East of Jimmy Durante from gravel parking lot, East to Grand Ave Bridge. Maintain 1-2 foot clearance on either side of DG path and ensure border material in good condition. Remove any dead plant material.
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property G-1
Supervisory Inspection 12 $
Debris Removal 52 $
Weed Removal 52 $
Pruning - Shrubs / Groundcover 12 $
DG Sidewalk 12 $
TOTAL PROPERTY G-1 $
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property G-2
Supervisory Inspection 12 $
Debris Removal 52 $
Weed Removal 52 $
Pruning - Shrubs / Groundcover 12 $
DG Sidewalk 12 $
TOTAL PROPERTY G-2 $
$5.82
$2.95
$23.64
$221.93
$76.85
69.84 153.40
1,229.28
2,663.16
922.20
$8.97
$4.55
$36.42
$341.94
$118.40
107.64
236.60
1,893.84
4,103.28
1,420.80
5,037.88
7,762.16
ATTACHMENT B 148 April 7, 2026 Item 4
H. ROAD EDGES TO BE MAINTAINED 3 FEET BEHIND CURB AND/OR SIDEWALK.
H-1 West side of Camino Del Mar from 4th street heading south approximately 600’ until Del Mar Canyon Preserve Path. Maintain 3’ clear behind curb.
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property H-1
Supervisory Inspection 4 $
Debris Removal 4 $
Weed Removal 4 $
Pruning - Shrubs / Groundcover 4 $
TOTAL PROPERTY H-1 $
H-2 East side of Camino Del Mar from Carmel Valley Road to Del Mar Heights. Maintain 3’ clear behind curb. Approximately 2800 linear feet.
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property H-2
Supervisory Inspection 4 $
Debris Removal 4 $
Weed Removal 4 $
Pruning - Shrubs / Groundcover 4 $
TOTAL PROPERTY H-2 $
H-3 East side of Camino Del Mar from Del Mar Heights Rd. to Wesley Way. Maintain 3’ clear behind curb. Approximately 1800 linear feet.
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property H-3
Supervisory Inspection 4 $
Debris Removal 4 $
Weed Removal 4 $
Pruning - Shrubs / Groundcover 4 $
TOTAL PROPERTY H-3 $
H-4 East side of Camino Del Mar from Plaza to Jimmy Durante Blvd Roundabout. Maintain 3’ behind sidewalk. Approximately 3400 linear feet.
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property H-4
Supervisory Inspection 4 $
Debris Removal 4 $
Weed Removal 4 $
Pruning - Shrubs / Groundcover 4 $
TOTAL PROPERTY H-4 $
$2.36
$5.20
$41.60
$121.34
9.44 20.80
166.40
485.36
$10.14
$22.27
$178.30
$520.05
40.56 89.08
713.20
2,080.20
$6.60
$14.49
$116.05
$338.49
$12.25
$26.92
$215.54
$628.67
49.00 107.68
862.16
2,514.68
682.00
2,923.04
26.40 57.96
464.20
1,353.96
1,902.52
3,533.52
ATTACHMENT B 149 April 7, 2026 Item 4
H-5 North side of San Dieguito Dr from racetrack view to Grand Ave bridge. Maintain 3’ behind edge of road and/or guard rail. Approximately 2,000 linear feet.
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property H-5
Supervisory Inspection 4 $
Debris Removal 4 $
Weed Removal 4 $
Pruning - Shrubs / Groundcover 4 $
TOTAL PROPERTY H-5 $
H-6 West side of Jimmy Durante Blvd heading South from David Way until 1648 Camino Del Mar.
Maintain 3 feet behind curb. Approximately 2200 linear feet.
TASK DESCRIPTION LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property H-6
Supervisory Inspection 4 $
Debris Removal 4 $
Weed Removal 4 $
Pruning - Shrubs / Groundcover 4 $
TOTAL PROPERTY H-6 $
$7.29
$16.02
$128.26
$374.09
29.16 64.08
513.04
1,496.36
$8.02
$17.62
$141.09
$411.51
32.08 70.48
564.36
1,646.04
2,102.64
2,312.96
ATTACHMENT B 150 April 7, 2026 Item 4
I. RESERVOIR PROPERTY MAINTENANCE
I-1 Torrey Pines Reservoir adjacent to 491 Pine Needles, maintain gravel free of weeds and debris.
Maintain foliage to prevent intrusion through fencing. Approximately 1600 SF.
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property I-1
Supervisory Inspection 4 $
Debris Removal 4 $
Weed Removal 4 $
Pruning - Shrubs / Groundcover 4 $
TOTAL PROPERTY I-1 $
I-2 Crest Reservoir adjacent to 700 Crest Rd., maintain gravel free of weeds and debris. Maintain foliage to prevent intrusion through fencing. Approximately 1200 SF.
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property I-2
Supervisory Inspection 4 $
Debris Removal 4 $
Weed Removal 4 $
Pruning - Shrubs / Groundcover 4 $
TOTAL PROPERTY I-2 $
I-3 11th St Reservoir, across from 545 11th St., maintain gravel free of weeds and debris. Maintain foliage to prevent intrusion through fencing approx. 1600 SF.
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property I-3
Supervisory Inspection 4 $
Debris Removal 4 $
Weed Removal 4 $
Pruning - Shrubs / Groundcover 4 $
TOTAL PROPERTY I-3 $
I-4 Zuni Reservoir, adjacent 626 Zuni Dr., maintain gravel free of weeds and debris. Maintain foliage to prevent intrusion through fencing. Approximately 1600 SF.
TASK LABOR &
MATERIAL
ANNUAL
FREQUENCY
ANNUAL
COST
Property I-4
Supervisory Inspection 4 $
Debris Removal 4 $
Weed Removal 4 $
Pruning - Shrubs / Groundcover 4 $
TOTAL PROPERTY I-4 $
$1.39
$3.04
$24.37
$71.08
5.56 12.16
97.48 284.32
$2.24
$4.92
$39.42
$114.97
8.96 19.68
157.68
459.88
$2.94
$6.46
$51.70
$150.80
11.76 25.84
206.80
603.20
$2.94
$6.46
$51.70
$150.80
11.76 25.84
206.80
603.20
399.52
646.20
847.60
847.60
ATTACHMENT B 151 April 7, 2026 Item 4
J. SUPPLEMENTAL AS-NEEDED LANDSCAPE MAINTENANCE AND TRIMMING SERVICES J-1 Provide supplemental citywide as-needed landscape maintenance and trimming services as determined by City staff in City maintained areas such as open space, pathways parks, and medians. Services to be performed by a crew of four workers with one truck between the hours of 7:00AM-4:00PM. All traffic control for supplemental services will be set up, monitored, and taken down by the City of Del Mar. Hourly rate shall include all necessary tools and equipment required for the supplemental services. Extra work items required for the supplemental services shall be provided in accordance with Section VIII, IX, and X of the Scope of Work.
TASK HOURLY
RATE
ESTIMATED*
ANNUAL
FREQUENCY
ESTIMATED*
ANNUAL
COST
J-1
Crew of Four Workers with One Truck 40 hours $
TOTAL J-1 $
*The hours are estimated. The actual hours for supplemental services will be based on the needs of the City and will be billed based on the actual hours worked. $35 x 4 = $140 5,600
5,600
ATTACHMENT B 152 April 7, 2026 Item 4
K. As-Needed Irrigation Repairs or Replacement
K-1 Provide as-needed irrigation repairs and replacement. Includes repair or replacement of damaged, malfunctioning or failed components. Repair work does not include routine adjustments or controllers reprogramming, which are included separately as Irrigation Inspection. The Contractor shall maintain a reasonable inventory of commonly required repair parts on the service vehicle in order to facilitate prompt irrigation system repairs.
TASK HOURLY
RATE
ESTIMATED*
ANNUAL
FREQUENCY
ESTIMATED*
ANNUAL
COST
K-1
As-Needed Irrigation Repair Labor 20 hours $
TOTAL J-1 $
*The hours are estimated. The actual hours for as-needed irrigation repairs or replacement will be based on the needs of the City and will be billed based on the actual hours worked. $56.46 1,129.20
1,129.20
ATTACHMENT B 153 April 7, 2026 Item 4
Total Amounts
Property Total Cost per Year Property Total Cost per Year A-1 $ E-4 $
A-2 $ E-5 $
A-3 $ E-6 $
A-4 $ E-7 $
A-5 $ E-8 $
A-6 $ E-9 $
A-7 $ E-10 $
A-8 $ E-11 $
B-1 $ E-12 $
B-2 $ E-13 $
B-3 $ E-14 $
B-4 $ E-15 $
B-5 $ F-1 $
B-6 $ F-2 $
C-1 $ F-3 $
C-2 $ F-4 $
C-3 $ F-5 $
C-4 $ G-1 $
C-5 $ G-2 $
C-6 $ H-1 $
D-1 $ H-2 $
D-2 $ H-3 $
D-3 $ H-4 $
D-4 $ H-5 $
D-5 $ H-6 $
D-6 $ I-1 $
D-7 $ I-2 $
D-8 $ I-3 $
E-1 $ I-4 $
E-2 $ J-1 $
E-3 $ K-1 $
Total Annual Cost for All Locations: $_________________ 31,519.26
3,111.20
2,657.44
4,943.40
2,206.08
368.32
1,412.68
471.04
13,360.44
26,126.24
455.24
446.68
3,061.83
6,585.34
44,184.28
4,177.08
1,548.40
1,253.24
1,366.17
1,722.68
897.20
526.68
1,024.92
648.80
1,896.96
648.80
648.80
648.80
413.16
656.32
413.16
164.64
626.88
413.16
395.16
2,391.84
742.84
660.80
472.80
472.80
849.20
835.16
750.64
472.80
1,677.88
1,343.68
1,343.68
936.52
5,037.88
7,762.16
682.00
2,923.04
1,902.52
3,533.52
2,102.64
2,312.96
399.52
646.20
847.60
847.60
5,600.00
1,129.20
209,677.96
ATTACHMENT B 154 April 7, 2026 Item 4
BrightView Landscape Services 63
Acceptance of the City’s Standard Agreement
BrightView acknowledges review and acceptance of Attachment F , City’s Standard Agreement, and requests no changes. BrightView accepts the City’s indemnity and insurance requirements and will not request modifications.
ATTACHMENT B 155 April 7, 2026 Item 4
BrightView Landscape Services 64
Acceptance of RFP Addendums
BrightView acknowledges review and acceptance of all issued addendums prior to submission:
• Addendum No.1-2026 Citywide Landscaping Services.pdf received on February 17, 2026 • Addendum No.2-2026 Citywide Landscaping Services.pdf received on February 19, 2026 ATTACHMENT B 156 April 7, 2026 Item 4
BrightView Landscape Services 65
Other Information
BrightView offers additional value to the City of Del Mar beyond the minimum scope requirements outlined in this RFP. The following information highlights our financial stability, safety culture, sustainability leadership, workforce depth, risk management practices, and long-term partnership approach, all of which directly support the City’s best value evaluation methodology and performance expectations.
Financial Strength and Long-Term Stability
BrightView is a publicly traded company listed on the New York Stock Exchange (stock ticker “BV”). This distinction reflects a high level of financial transparency, operational oversight, and long-term stability. Our financial resources allow us to:
• Maintain adequate staffing redundancy
• Invest in modern, compliant equipment
• Sustain service levels during economic fluctuations
• Absorb unexpected emergency costs without service interruption • Maintain sufficient inventory of irrigation components and repair materials Evaluation Criterion E emphasizes financial resources and the ability to perform promptly and without delay.
BrightView’s scale and capitalization ensure uninterrupted service delivery throughout the three-year initial term and any optional extension periods. The City can have confidence that BrightView will remain operationally and financially stable for the duration of the contract.
Commitment to Environmental Stewardship
The City of Del Mar places strong emphasis on environmental compliance, stormwater management, organic fertilization, and herbicide restrictions. BrightView’s environmental protocols are aligned with these priorities and extend beyond minimum compliance.
Our environmental practices include:
• Strict adherence to glyphosate prohibitions
• Use of approved herbicides such as Cheetah Pro or equal • Organic, slow-release fertilizer programs
• Manual and mechanical weed removal in restricted areas • Pre-emergent timing compliance
• Irrigation water-use optimization
• Stormwater Best Management Practices implementation
• Documentation of pesticide labels and MSDS prior to application Our irrigation technicians actively program controllers monthly to match plant water needs, reduce runoff, and prevent overspray onto hardscape. Rain shut-off devices are verified and adjusted seasonally. These measures support the City’s compliance with Municipal Code stormwater and NPDES requirements. In addition, BrightView trains field staff to recognize nutrient deficiencies, irrigation inefficiencies, pest pressures, and erosion concerns early, allowing proactive correction before larger issues arise.
ATTACHMENT B 157 April 7, 2026 Item 4
BrightView Landscape Services 66
Safety Culture and Risk Management
BrightView maintains a strong safety culture embedded into daily operations. We conduct:
• Routine job hazard analyses
• Fall protection training for elevated planter work
• Equipment safety inspections
• Defensive driving training
• Pesticide handling certification training
• Incident reporting and corrective action procedures
Safety is directly tied to service continuity. A contractor with poor safety performance increases risk exposure to the City. BrightView’s safety programs reduce that risk significantly.
All employees undergo E-Verification and background checks. Supervisors ensure that unauthorized personnel are never present on City sites. Equipment is maintained in clean, professional condition, and vehicles are clearly marked in compliance with the RFP requirements.
No-Blower Operational Adaptation
The City of Del Mar prohibits the use of leaf blowers with strict penalties for violations. BrightView has extensive experience operating in blower-restricted jurisdictions and has invested in vacuum-based debris removal equipment and manual policing techniques designed specifically for these environments.
Our crews are trained to:
• Sweep and vacuum hardscape thoroughly
• Avoid debris displacement into storm drains
• Maintain curb lines without air propulsion tools
• Remove dead weeds from paved areas after treatment
• Present a clean and polished appearance without reliance on blowers This operational discipline prevents fines, protects public perception, and ensures compliance with City ordinance.
Workforce Depth and Operational Redundancy
BrightView maintains a robust labor pool and cross-trained crews to ensure uninterrupted service in the event of:
• Employee illness
• Vacation coverage
• Emergency responses
• Special event support
• Supplemental service requests
BrightView has the staffing depth and equipment capacity to scale services up or down without compromising baseline maintenance performance.
ATTACHMENT B 158 April 7, 2026 Item 4
BrightView Landscape Services 67
We maintain sufficient equipment inventory including:
• Aerators
• Turf renovation equipment
• Irrigation repair components
• Commercial vacuums
• Turf mowers appropriate for warm and cool season grass heights • Hand tools for pruning and edging
This inventory ensures compliance with mowing height specifications, aeration depth requirements, and pruning standards as outlined in the RFP.
Documentation and Transparency
BrightView understands that public contracts require transparency and documentation. We maintain:
• Irrigation controller logs
• Fertilization schedules
• Inspection reports
• MSDS documentation files
• Pesticide application records
• Landscaping log entries
We provide written communication within 24 hours for noted deficiencies, leaks, or safety concerns in alignment with reporting requirements. Our documentation systems allow the City to verify compliance at any time.
Technology Integration
BrightView utilizes digital reporting platforms that allow supervisors and account managers to:
• Conduct property inspections with photographic documentation • Track recurring issues
• Monitor irrigation efficiency
• Document completed tasks
• Maintain communication logs
These tools enhance accountability and support consistent service quality across all properties.
Partnership Approach
BrightView approaches municipal contracts as long-term partnerships rather than transactional service agreements. We actively collaborate with City staff to:
• Review seasonal adjustments
• Identify improvement opportunities
• Develop water conservation strategies
• Address public complaints quickly
• Support special events
• Maintain civic pride
Our goal is to reduce reactive corrections and instead deliver proactive, preventative landscape management.
ATTACHMENT B 159 April 7, 2026 Item 4
BrightView Landscape Services 68
Commitment to Best Value
The City’s best value evaluation method recognizes that lowest cost may not equate to highest quality.
BrightView’s value proposition includes:
• Reduced rework due to quality assurance
• Lower long-term replacement costs through preventative plant care • Decreased water waste through irrigation oversight
• Reduced liability exposure due to safety programs
• Minimized risk of regulatory penalties
We balance cost control with performance integrity, ensuring the City receives dependable, high-quality service throughout the contract term.
_________________________________________________________________________________________ Conclusion
BrightView Landscape Services offers the City of Del Mar financial stability, environmental leadership, operational discipline, workforce depth, and a partnership-driven approach that extends well beyond basic landscape maintenance. Our systems are structured to protect public assets, enhance community aesthetics, maintain regulatory compliance, and ensure uninterrupted service delivery.
We are committed to serving the City of Del Mar with professionalism, accountability, and long-term reliability, and we welcome the opportunity to demonstrate our value as the City’s landscape maintenance partner.
ATTACHMENT B 160 April 7, 2026 Item 4
ATTACHMENT B – EQUIPMENT/MATERIAL SOURCE INFORMATION
The bidder shall indicate opposite each item of equipment or material listed below, the name of the manufacturer or supplier of the equipment or material proposed to be furnished under the bid. Failure to comply with this requirement will render the proposal non-responsive and may cause its rejection.
Awarding of a contract under this bid will not imply approval by the City of the manufacturers or suppliers listed by the bidder. Regardless of the listed Manufacturers/Supplier, all products or equipment to be furnished by the Contractor must conform to all requirements of the RFP. The bidder agrees to provide the listed products under this contract, and, after the opening of proposals, no changes or substitutions will be allowed without written approval from the City.
Equipment/Material Manufacturer/Supplier/Specifications
1. _____________________________
2. 3.
4. 5.
Ford
1 Transit Irrigation Van Ford
1 Spray truck
1 F250 w/ Trail
Ford
1 72-inch mower Exmark
1 48-inch mower Exmark
2 21-inch push mower Exmark
2 Leaf Vacuum Billy Goat
3 Weed Eater
3 Edge Trimmer
3 Pole Pruner Stihl
Stihl
Stihl
3 Backpack Sprayer Stihl
Post Emergent Cheetah Pro
Fertilizer Nature Safe Organic
ATTACHMENT B 161 April 7, 2026 Item 4
ATTACHMENT C - NONCOLLUSION AFFIDAVIT
State of California )
County of San Diego ) ss.
)
_____________________________ (name), being first duly sworn, deposes and says that he or she is _____________________ (title) of ____________________________________ (name of bidder), the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
SIGNATURE DATE
David Moo
Business Development Executive/Asst. Secretary BrightView Landscape Services, Inc. 2/24/26
ATTACHMENT B 162 April 7, 2026 Item 4
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State of California
County of RIVERSIDE
On 02/24/26 before me, MEHARDEEP SINGH SETHI-NOTARY PUBLIC ' (Here insert name and title of the officer) personally appeared DAVID MOO ------------------------------------------- who proved to me on the basis of satisfactory evidence to be the p@ s) whose a e s) s re subscribed to the within instrument and acknowledged~ tha@she/they executed the sam • ~ __ er/their authorized cat(aaty(ie~), d that byrifu/her/their si a ( s) on the instrument the ~ s ), or the entity upon behalf of whibi{ the so ( s) acteci;--e'xecuted the ins ment. r-v I certify un PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
MEHARDEEP SINGH SETHI
Notary Public - California
Riverside County
Commission ; 2395558
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Signature of Notary Pu~lic
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ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
NON-COLLUSION AFFIDAVIT
(Title or description of attached document)
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ATTACHMENT B 163 April 7, 2026 Item 4
ATTACHMENT D - PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed or otherwise prevented from bidding on, or completing a federal state or local government project because of a violation of law or a safety regulation? YES _____ NO _____
If the answer is yes, explain the circumstances on a separate sheet of paper and attach to proposal. __________________________________________________________________________ PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the CONTRACTOR, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the CONTRACTOR within the immediately preceding two year period because of the CONTRACTOR's failure to comply with an order of a federal court which orders the CONTRACTOR to comply with an order of the National Labor Relations Board. __________________________________________________________________________
CONTRACTOR'S CERTIFICATION OF AWARENESS
OF IMMIGRATION REFORM 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 Sections 1101 - 1525) 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.
__________________________________________________________________________
AFFIDAVIT OF NONCOLLUSION
As required by California Public Contracts Code section 7106, the CONTRACTOR has submitted the affidavit of Non-Collusion, which is attached hereto and incorporated herein as though fully set forth at length.
NOTE: The above Questionnaire, Statement, and Non-Collusion Affidavit are part of the Proposal.
Signing this Proposal on the signature portion thereof shall also constitute signature of this Questionnaire, Statement and Non-Collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
ATTACHMENT B 164 April 7, 2026 Item 4
ATTACHMENT E - BIDDER’S SIGNATURE CERTIFICATE
I hereby certify, under penalty of perjury, that the foregoing Proposal is true, correct, and legally submitted.
BIDDER:
(Legal Name of Bidder)
by: ___________________________________
(Name)
____________________________________
(Title)
____________________________________
(Signature)
Dated: ______________________, 202__, at
Business Address: ______________________________________________________ Telephone: ____________________________________________________________ NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be submitted with the bid; otherwise, the bid may be disregarded as irregular and unauthorized.
BrightView Landscape Services, Inc.
February 24 6 5:30pm
8500 Miramar Pl, San Diego, CA 92121
(951) 406-5904
Senior Vice President
David Moo Enrico Marogna
Business Development Executive/Asst. Secretary
ATTACHMENT B 165 April 7, 2026 Item 4
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: April 7, 2026
SUBJECT: Task Order with NV5 for Initial Design of Utility Undergrounding Districts 2 (Beach Colony) and 25th Street
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Approve a $141,140 Task Order (TO) with NV5 for Initial Design of the Beach Colony and 25th Street Utility Undergrounding Districts (Attachment A); 2) Approve a $30,000 contingency; and 3) Authorize the City Manager to execute the Task Order and any subsequent amendments within the contingency.
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.
On August 26, 2024, the City Council formed the Beach Colony and 25th Street Utility Undergrounding Districts (UUDs). These are the next two districts slated for design and future construction following Stratford Court North (1B). Together, these districts include approximately 96 poles and 11,795 linear feet of overhead conversion from approximately 18th Street to San Dieguito River, including 318 properties and 432 residences and businesses. Approximately 124 of the homes or buildings within the Districts require undergrounding of their private service lateral at the expense of the property owner.
The Beach Colony District is located west of railroad right-of-way and north of Stratford Court North (1B) (Attachment B). The 25th Street District is located along 25th Street from Camino Del Mar to Ocean Front (Attachment C). The 25th Street District was established separately to utilize SDG&E 20A work credits, which is a separate funding source that will no longer be available to the City if not used by the end of 2030.
The preliminary estimated total project cost for the Districts is $13.0 million in FY2026 dollars, or $15.8 million in the year of construction anticipated from FY2030 to FY2032. 1 April 7, 2026 Item 5
City Council Agenda Report
Task Order with NV5 for Initial Design of UUD 2 (Beach Colony) and 25th Street April 7, 2026
More detailed cost estimates will be developed as the design progresses, and the final cost will be determined through the public bidding process.
On March 3, 2026, the City Council directed staff to advance the design for both Districts, with the decision whether to phase construction or construct the Districts together being made by the Council in the future based on establishment of financing guidelines and subsequent updating of Finance-As-You-Go cash flow modeling.
DISCUSSION/ANALYSIS:
Staff engaged NV5 to provide a proposal for design services following City Council direction to advance design for these districts. The City currently has an agreement in place with NV5 for as-needed dry utility engineering services related to implementation of the citywide UP. NV5 has extensive experience with undergrounding projects and is regionally recognized for its expertise in dry utility engineering. The firm has established working relationships with the utility companies and also serves as a contractor to SDG&E. In addition, NV5 operates as a fully in-house consulting firm, rather than relying on multiple subconsultants, which helps streamline project coordination and delivery.
Staff recommends that the City Council approve a $141,140 TO with NV5 to provide initial design services for the Districts (Attachment A). Staff elected to divide the preconstruction services into two phases, similar to other capital projects. This initial TO will provide services through the 30% SDG&E design milestone, with a subsequent TO planned for final design services to develop plans, specifications, and cost estimates (PS&E) for the construction bid package. This approach is preferred because it allows an opportunity to better define the final design scope based on the preliminary design, which helps minimize TO amendments. Approval of the subsequent TO also serves as a checkin point with the City Council.
The initial design services will include city coordination, development of a topographic and utilities survey, and 30% SDG&E design coordination and review and are expected to take approximately up to 1 year, at which time the subsequent task order for final design services will be issued. The design process for the Districts is anticipated to take an estimated 2.5 to 3 years. Furthermore, staff recommends $30,000 in contingency to account for potential task order amendments and to cover additional services that may be required, which include protected tree surveys.
FISCAL IMPACT:
City Council approval of the recommended action for this agenda item will provide authorization to amend the Fiscal Year (FY) 2025-2026 Operating and Capital Budget to allocate an additional $72,000 from the Measure Q Fund as shown below. The adopted budget already includes an appropriation of $100,000 for 25th Street District design services. Included with this approval is the transfer of $100,000 from the 25th Street project to the Beach Colony project account as listed below. 2 April 7, 2026 Item 5
City Council Agenda Report
Task Order with NV5 for Initial Design of UUD 2 (Beach Colony) and 25th Street April 7, 2026
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This item is listed as a Tier 1 City Council priority for FY 2025-2026 and FY 2026-2027.
ATTACHMENTS:
Attachment A – Task Order with NV5
Exhibit A – Scope of Services
Attachment B – UUD 2 Beach Colony Map
Attachment C – UUD 25th Street Map
PROJECT FUND ACCOUNT AMOUNT
UUD 2 – Beach Colony Measure Q Fund 02.7000.7205 $72,000 UUD 25th Street Measure Q Fund 02.7000.7207 ($100,000)
UUD 2 – Beach Colony Measure Q Fund 02.7000.7205 $100,000 3 April 7, 2026 Item 5
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us April 7, 2026
NV5, Inc. SENT VIA EMAIL
Attn: Tamara O’Neal, PE
15092 Avenue of Science, Suite 200
San Diego, CA 92128
[email protected]
RE: TASK ORDER & NOTICE TO PROCEED FOR INITIAL DESIGN OF UTILITY UNDERGROUNDING DISTRICTS 2 (BEACH COLONY) AND 25TH STREET – (ACCOUNT 02.7000.7205)
This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Civil Engineering, Dry Utility Engineering, Seawall Engineering, and Development Review Services Agreement between the City of Del Mar and NV5, Inc. (Consultant), the term for which is December 8, 2025, to December 8, 2028.
Consultant shall execute tasks related to the Initial Design of Utility Underground District 2 (Beach Colony) and 25th Street, as described in the Consultant’s proposal dated March 26, 2026, and included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $141,140 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, 2027, 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 NV5, Inc.
_____________________________________ _______________________________________ Ashley Jones Date Jeffrey M. Cooper, PE, EVP Date
City Manager Chief Operating Officer
cc: Joe Bride, Public Works Director
Martin Boyd, Principal Engineer
Polly Robertson, Management Analyst
Exhibit A: NV5, Inc. Services Scope of Work
ATTACHMENT A
4 April 7, 2026 Item 5
PN: 2680526-0016759.00
March 26, 2026
Martin Boyd
Principal Engineer
City of Del Mar Public Works Department
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
SUBJECT: Proposal for Beach Colony (2) & 25th Street
Utility Undergrounding Districts — Task Order No. 1
Dear Mr. Boyd,
We are pleased to submit this proposal to the City of Del Mar (City) for the provision of professional engineering services in support of the Beach Colony (2) and 25th Street Utility Undergrounding Districts (Project/District). As discussed, the services were initially contemplated as two (2) task orders corresponding generally to the early project development and subsequent design phases. Following our internal review of the scope and to better align the proposal with the anticipated project delivery approach, NV5 has organized the scope of services into four (4) task orders. This structure separates the SDG&E Applicant Design scope and other optional services into distinct task orders, improving clarity and allowing more effective management of each effort.
This proposal includes the scope of services and fee for Task Order No. 1. Task Orders Nos. 2–4 are included under separate cover.
SCOPE OF SERVICES
Task Order No. 1: This task order includes services from project initiation, with the districts already established, through the City’s 30% design review. The scope and associated fee assume a total duration of up to 12 months.
Task 1: Project Management and City Coordination
• This task includes project management, progress meetings, correspondence and schedule preparation, contract administration, quality assurance/quality control (QA/QC), and general technical coordination. • NV5 will conduct a project area site walk with the City project manager. • NV5 will conduct meetings and coordinate with the City project manager and utility companies (AT&T, Spectrum/ Charter, and Crown Castle). These meetings are assumed to include three (3) attendees, with a total of 12 hours of meeting time per person over the duration of the task.
• NV5 will attend one (1) City Council meeting and provide supporting information as needed for other Council meetings (quarterly).
• NV5 will attend one (1) Undergrounding Program Advisory Committee (UPAC) meeting and provide information as needed for other UPAC meetings (quarterly).
Task 2: Topographic and Utilities Survey
• NV5 will prepare a topographic and utilities survey CAD file based on available records for use in the civil and utilities plans.
• The City will provide GIS data, utility maps, as-builts, CCTV sewer data, and protected tree survey. • NV5 will coordinate with the utility companies to obtain available records. • NV5 will coordinate property owner access as needed to complete the survey and perform field walks as needed. 15092 Avenue of Science, Suite 200 | San Diego, CA 92128 | www.nv5.com | Office: 858.385.0500 NV5 | 1
SCOPE OF SERVICES
PROPOSAL SECTIONS
Scope of Services
Additional Services
Clarifications and Exclusions
Fee Proposal
Appendix —
Firm & Team Qualifications
ATTACHMENT A, EXHIBIT A 5 April 7, 2026 Item 5
City of Del Mar | Beach Colony (2) & 25th Street Utility Undergrounding Districts NV5 | 2
SCOPE OF SERVICES
• This task will include one round of City review.
• NV5 will conduct meetings and perform coordination for this task. These meetings are assumed to include three (3) attendees, with a total of 12 hours of meeting time per person over the duration of the task. • NV5 will submit the final survey to SDG&E for their use in developing the base map.
Deliverables to the City for this task will include topographic and utilities survey data in CAD Files and PDF formats.
Task 3: SDG&E 30% Design Coordination and Review
• NV5 will facilitate a kick-off meeting with SDG&E as well as facilitating other meetings and coordination for this task.
These meetings are assumed to include three (3) attendees, with a total of 12 hours of meeting time per person over the duration of the task.
• SDG&E’s 30% design submittal will be anticipated approximately three (3) to six (6) months following submission of the topographic and utilities survey from Task 2.
• NV5 will conduct conflict checks, constructability, and value engineering reviews. • NV5 will prepare a conceptual SDG&E electric exhibit reflecting the existing electrical conditions and proposed underground trench routing and substructure placement.
• NV5 will review these findings with SDG&E and develop a utility layout based on SDG&E’s design to assist with the review.
Deliverables to the City for this task will include compiled comments for City review and transmittal to SDG&E.
ADDITIONAL SERVICES
If requested by the City, NV5 may provide the following additional services, beyond those included in the Scope of Services section, on a time-and-materials basis:
• Attendance at additional meetings beyond those identified explicitly in the Scope of Services. • Any additional project-related services not explicitly included in the Scope of Services.
CLARIFICATIONS & EXCLUSIONS
General Clarifications
• Service lateral locations shown on exhibits or design drawings are conceptual and intended for coordination purposes only. Final service lateral routing, meter locations, and electrical service configurations on private property will be determined by the property owner and their licensed electrical contractor in coordination with SDG&E. • The Topographic and Utilities Survey basemap will be developed using the following components:
○ Topographic survey and aerial mapping performed by NV5 Geomatics. ○ Utility record research and preparation of an existing utilities (EXUT) CADD drawing based on available record information.
○ Sewer lateral information obtained using the City’s existing CCTV data. • Utility mapping will rely on available utility records, agency archives, CCTV records, and visible surface features. • The Topographic and Utilities Survey CAD file will be provided to SDG&E and other utilities for use in the development of the utility design basemap used for their design process. • The Topographic and Utilities Survey basemap is intended to support the development of the applicant design. Final utility alignments, trench configurations, equipment locations, and system design remain subject to refinement and approval by the respective utility owners during their review process. • Stationing may be shown on applicant design drawings where a surveyed alignment is used for reference along the joint trench or utility alignment.
ATTACHMENT A, EXHIBIT A 6 April 7, 2026 Item 5
City of Del Mar | Beach Colony (2) & 25th Street Utility Undergrounding Districts NV5 | 3
SCOPE OF SERVICES
• The City will administer the public bidding process. NV5 will prepare plans, specifications, and estimates and will assist with responding to bidder questions and preparation of addenda during the bidding phase as described in the task orders.
• The City will provide its standard contract documents for prevailing wage construction work in Microsoft Word format, which NV5 will edit for project-specific requirements as part of the PS&E preparation.
Survey & Utility Mapping Assumptions
• Utility owners and agencies will provide timely and reasonably accurate information necessary to support the preparation of the utility basemap.
• Utility record research will be limited to information publicly available or provided upon request by the relevant utility owners or agencies.
• NV5 will have reasonable access to the project site necessary to perform field work. • All survey and mapping work will be performed by or under the responsible charge of a Professional Land Surveyor. • The project area is assumed to be approximately 78 acres. • The City will provide CCTV records of existing sewer services of all properties within phases 1 and 2 of this project.
CCTV information will include horizontal locations of laterals that can be added to the base mapping.
Exclusions
Unless specifically authorized in writing, the following services are excluded from this proposal:
Utility Investigation
• Subsurface Utility Engineering (SUE) services
• Utility potholing
• Ground Penetrating Radar (GPR)
• Subsurface investigations
• Verification of underground utility depth or subsurface conditions
Boundary & Title
• Boundary research or boundary surveys
• Boundary determination or property line establishment • Record of Survey or Corner Record preparation or filing • Agency fees associated with survey filings
• Purchase of preliminary title reports
• Setting or monumentation of property corners
Survey & Construction Layout
• Construction staking and construction layout services • Survey stationing or alignment control for construction purposes
• Delineation or staking of proposed improvements for
construction or viewing
Traffic Control
• Traffic control services, traffic control permitting, and associated fees for survey or design activities
Environmental Services
• Environmental review, environmental permitting, and
environmental processing
Stormwater & Drainage
• Preparation of permanent erosion control
recommendations
• Storm Water Quality Management Plans (SWQMP)
• Permanent Best Management Practice (BMP) design
measures
Geotechnical &
Pavement Investigation
• Pavement investigations or testing
• Geotechnical investigations or geotechnical
engineering services
Public Outreach & Traffic Engineering
• Public outreach services beyond property owner
coordination described in the task orders
• Traffic engineering services
Electrical Facilities Outside Undergrounding Scope
• Street lighting service and private non-homeowner
electrical services
• Electrical work on private property including:
○ Service lateral trenching
○ Electrical panel upgrades
ATTACHMENT A, EXHIBIT A 7 April 7, 2026 Item 5
City of Del Mar | Beach Colony (2) & 25th Street Utility Undergrounding Districts NV5 | 4
SCOPE OF SERVICES
Utility Information Disclaimer
Utility information depicted in the basemap or design drawings is based on available record drawings, field observations, the City’s existing CCTV data, and information obtained from third parties. While reasonable efforts will be made to compile available information, the completeness and accuracy of underground utility information cannot be guaranteed.
NV5 will not be responsible for utilities that are not shown on available records or that are inaccurately represented by others.
Thank you for the opportunity to submit this proposal. We look forward to the opportunity to work with the City of Del Mar and to support the successful delivery of this project. Should you have any questions regarding this proposal, please contact Tamara O’Neal at 858.385.2103 or [email protected].
Sincerely,
NV5
Tamara O’Neal, PE
Director of Municipal Services
Jeffrey M. Cooper, PE
EVP, Chief Operating Officer
○ Meter relocation
○ Electrical modifications on private property
Permitting
• Permit preparation, permit coordination, and permit
fees
Utility Design
• Utility relocation design
Other Exclusions
• Wire height exhibits for overhead cables and wires
(may be provided upon request for an additional fee)
• Any services not specifically identified in the Task
Orders or fee estimate
ATTACHMENT A, EXHIBIT A 8 April 7, 2026 Item 5
City of Del Mar | Beach Colony (2) & 25th Street Utility Undergrounding Districts NV5 | 5
FEE PROPOSAL
FEE PROPOSAL — TASK ORDER NO. 1
NV5 proposes to provide the requested services on a time‑and‑materials basis with a total not‑to‑exceed fee, as detailed in the fee breakdown below. Services will be authorized and performed through task orders pursuant to NV5’s existing agreement with the City of Del Mar dated December 8, 2025. This proposal is valid for 90 days from the date of submission.
Aerial
Mapping
HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ FEE HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $
1.0 TASK ORDER NO. 1
1.1 Task 1: City Coordination 12 $3,888 12 $3,888 5 $1,405 25 $6,325 8 $1,544 $0 $0 $0 8 $1,152 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 10 $3,090 4 $1,012 $0 $0 $22,304
1.2 Task 2: Topographic and Utilities Survey 5 $1,620 10 $3,240 5 $1,405 $0 5 $965 $0 $0 $0 0 $0 $17,202 $0 6 $1,236 5 $750 8 $1,336 $0 20 $2,320 12 $2,376 14 $1,470 62 $7,192 6 $1,110 24 $3,912 8 $2,472 16 $4,048 60 $12,360 96 $16,032 $81,046
1.3 Task 3: SDG&E 30% Design Coordination and Review 12 $3,888 12 $3,888 5 $1,405 35 $8,855 $0 $0 $0 $0 8 $1,152 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 2 $618 32 $8,096 48 $9,888 $0 $37,790 29 $9,396 34 $11,016 15 $4,215 60 $15,180 13 $2,509 0 $0 0 $0 0 $0 16 $2,304 $17,202 0 $0 6 $1,236 5 $750 8 $1,336 0 $0 20 $2,320 12 $2,376 14 $1,470 62 $7,192 6 $1,110 24 $3,912 20 $6,180 52 $13,156 108 $22,248 96 $16,032 $141,140 Project
Manager CADD Tech I (1) Associate Engineer
$144
Senior Project
Manager (2) Principal (1) Principal (2) Senior Project Manager (1) Project Manager
(1) Senior Designer Designer 2 Assistant Surveyor
Total (Task Order No. 1)
TOTAL
FEE
$105 $163
NV5 - 282/275
Principal Project Manager
(2) Project Manager Assistant Engineer
$309 $253 $167
Design
Supervisor
$185
NV5 - 274
TASK
NO. WORK DESCRIPTION
$324 $324 $281 $253 $193 $180 $206
Project
Coordinator
2 NV5 - 268 NV5 - 276/303
1 Person Survey
Crew (GPS)
(Robotic)(Prevaili
ng Wage)
$281 $206
CADD Tech III
$206 $160
CADD Tech I (2)
$150 $167 $116 $198 $116
Senior Engineer Senior Surveyor Project Assistant
$178
Senior Engineer
ATTACHMENT A, EXHIBIT A 9 April 7, 2026 Item 5
APPENDIX
FIRM & TEAM
QUALIFICATIONS
ATTACHMENT A, EXHIBIT A 10 April 7, 2026 Item 5
City of Del Mar | Beach Colony (2) & 25th Street Utility Undergrounding Districts NV5 | 10
FIRM & TEAM QUALIFICATIONS
South Santa Fe Road Improvements & Rule 20B Poleline Conversion
CITY OF VISTA
The City of Vista launched a multi-million dollar downtown revitalization project several years ago that included the undergrounding of utility lines, narrowing South Santa Fe Road from four lanes to two, designing two new roundabout traffic circles, new sidewalks, streetlights, landscaping, a veterans memorial park, public art pieces, and two arched “Vista” monument signs at either end of Paseo Santa Fe. NV5 provided critical dry utility planning and coordination services for the South Santa Fe Road Widening project. This included forward planning, preliminary design, cost estimating, and final design project management for the redevelopment project. Extensive coordination and management of the numerous utilities involved with the project included: SDG&E electric and gas systems, AT&T Telephone systems, and Cable Systems (Cox Communications and Time Warner Cable).
Dates: 2016-2020
Discovery Street Improvements & Rule 20B Poleline Conversion
CITY OF SAN MARCOS
A long-range specific plan developed over several years by the City of San Marcos called for the development of a comprehensive 214-acre “downtown” area that the City refers to as the San Marcos Creek District. NV5 was enlisted to provide dry utility services for Phase 1, a $104M project that involved the development of infrastructure to support the overall plan. NV5’s dry utilities team did the following: provided site analysis, reviewed franchise utilities, conducted initial meetings with the dry utility companies, created and reviewed with the City of San Marcos a concept utility exhibit to identify the existing utility company-related systems located in the area, and the potential new underground and overhead utility systems planned for the new project, and developed a cost estimate summary report with written findings and recommendations for each utility company. In addition, NV5 created and finalized the SDG&E Applicant Design for the 12 kV Rule 20B electric overhead and underground poleline conversion. NV5 provided the coordination and management with each dry utility for the final utility design, agreements, and construction coordination for the scheduling, installation and energizing of the project.
Dates: 2012-2022
Design Oversight for Greenwich Village UUAD
CITY OF HERMOSA BEACH
NV5 is providing design oversight and management for the undergrounding of existing overhead utilities. Our duties include coordination with stakeholder utilities (SCE, Frontier and Crown Castle) to facilitate timely completion of the design and construction documents; prepare and maintain project schedule and budget, and monitor status of design; conduct regular progress meetings with City and stakeholder utilities; provide regular status updates to City Staff; and, represent the City in all design phases.
Dates: 2020-Present
ATTACHMENT A, EXHIBIT A 11 April 7, 2026 Item 5
City of Del Mar | Beach Colony (2) & 25th Street Utility Undergrounding Districts NV5 | 11
FIRM & TEAM QUALIFICATIONS
Assessment Engineering for Utility Undergrounding Districts (Rule 20B)
CITY OF SOLANA BEACH
NV5 is currently providing comprehensive assessment engineering services, assisting the City of Solana Beach with the establishment/formation of utility undergrounding districts. NV5 is currently assisting with the Pacific Avenue - Phase II, Glenmont/Mar Vista/Marview and Nardo/Granados/Rios Utility Undergrounding Districts.
Dates: 2023-Present
Village Undergrounding Feasibility Study
CITY OF LA QUINTA
NV5 is providing engineering consultant services to the City of La Quinta to update cost estimates for the undergrounding of overhead power, telephone and cable television utility lines within six areas of the community. The NV5 team is responsible for updating the previous cost estimate report done in 2010, and reaching out to businesses and stakeholders in “The Village” commercial zone and preparing an undergrounding phasing plan for this area; coordinating meetings with the City and Imperial Irrigation District (IID) staff to verify the City’s goals of the study and review any changes in IID’s design standards, policies and/or procedures that might impact a future undergrounding project; and preparing the updated study, including assumptions, cost estimates and potential funding alternatives that the City may wish to pursue.
Dates: 2023-Present
Tamarisk Utility Undergrounding Support
CITY OF PALM DESERT
NV5 assisted the City with obtaining easements in support of the Tamarisk Utility Undergrounding Project. NV5’s services included identifying and contacting the owners of different parcels where the need for additional public right-of-way has been identified as necessary for project completion; communicating directly with those individuals to discuss the project and the City’s intent to obtain additional easements; answering questions based on the City’s protocol and the project itself; arranging a mobile notary and establishing a date and time to meet with the property owners; obtaining notarized signatures on the required forms; and securing the hard copy documents and delivering them to City Hall.
Dates: 2021
ATTACHMENT A, EXHIBIT A 12 April 7, 2026 Item 5
City of Del Mar | Beach Colony (2) & 25th Street Utility Undergrounding Districts NV5 | 12
FIRM & TEAM QUALIFICATIONS
Del Mar Reconfiguration
SAN DIEGO GAS & ELECTRIC
San Diego Gas & Electric (SDG&E) contracted with NV5 to provide engineering and drafting services for its Del Mar Reconfiguration Project. The project was developed to help increase system capacity and reliability while also improving safety and aesthetics in surrounding communities by undergrounding existing lines.
The project is located in the northwestern portion of the City of San Diego and the City of Del Mar, with a portion of the project located in the San Dieguito Lagoon, Los Peñasquitos Lagoon, and Torrey Pines State Natural Reserve. It included the following three separate phases:
Phase 1: This phase involved the reconfiguration of an overhead transmission line in Del Mar, which included the installation of a new one-mile section of 69kV power underground along Via de la Valle. The installation of the transmission line required the team to determine the trench alignment by pot-holing all existing utilities crossing the proposed alignment, which resulted in a total of 44 pot holes. Phase 1 also involved the installation of two new steel poles on the east end inside the Del Mar Horse Park property. In total, more than 700 feet of overhead power line was removed.
Phase 2: Conversion of distribution lines in Del Mar and San Diego was the focus of Phase 2 that involved the conversion of approximately 3/4 mile of overhead power lines to underground and removal of five existing wood poles. It also involved the removal of two existing wood poles and conversion of approximately 630 feet of existing overhead distribution line to underground.
Phase 3: This phase involved the removal of a 69kV transmission line which extended approximately six miles from the Del Mar Substation to the intersection of Vista Sorrento Parkway and Pacific Plaza Drive. As part of this phase of the project, 35 existing transmission poles and power lines were permanently removed from the lagoon areas and Torrey Pines State Reserve.
NV5 worked with SDG&E to reduce environmental impacts in coastal wetlands near and within the San Dieguito Lagoon, Los Penasquitos Lagoon, and Torrey Pines State Natural Reserve by removing an existing power line from those areas.
Dates: 2022-2024
ATTACHMENT A, EXHIBIT A 13 April 7, 2026 Item 5
City of Del Mar | Beach Colony (2) & 25th Street Utility Undergrounding Districts NV5 | 13
FIRM & TEAM QUALIFICATIONS
3 Roots Master Planned Community 69 Kv East-West Conversion
SAN DIEGO GAS & ELECTRIC
This project realigns and undergrounds four (4) existing 69 kV overhead transmission lines. An east-west 69 kV overhead alignment that traveled approximately 5,700 feet to the existing Fenton Substation needed to be relocated and primarily converted to underground. The conversion relocation consisted of approximately 1,000 feet of overhead lines and 6,000 feet of underground that were primarily relocated along the northern portion of the right-of-way.
The single and double 69 kV circuit alignments now extend from the existing system and underground before daylighting back to overhead. Once overhead again, the circuits required reconfiguration back to single and double 69 kV arrangements across the creek and tie back into the existing pole lines within the current SDG&E transmission easement and corridor.
NV5’s role on this project was to assist SDG&E in the feasibility of this project. The feasibility study has included the following:
• Review of the East-West 69 kV alignment.
• Consideration of a conversion relocation consisting of approximately 1,300 feet of overhead lines and 6,300 feet of underground to be located along the northern and southern portions of the right-of-way at the proposed Carroll Canyon Road improvements.
• Consideration of linear routes that avoid interfering with streets, instead undergrounding the 69 kV transmission circuits within the developer requested easements.
In short, the feasibility reviews have included multiple easement, alignment, and overhead (OH) and underground (UG) conversion scenarios for all 69kV circuits under consideration. These reviews have required multiple OH and UG design iterations and detailed investigations into whether or not the system configurations could be achieved and supported based on the requests of the developer.
Dates: 2015-2016
ATTACHMENT A, EXHIBIT A 14 April 7, 2026 Item 5
City of Del Mar | Beach Colony (2) & 25th Street Utility Undergrounding Districts NV5 | 14
FIRM & TEAM QUALIFICATIONS
Project Experience
Village Undergrounding Feasibility Study
CITY OF LA QUINTA | LA QUINTA, CA
Project Engineer. Ms. O’Neal is part of the team providing engineering services to the City of La Quinta to update cost estimates for the undergrounding of overhead power, telephone and cable television utility lines within six areas of the community. The NV5 team is responsible for updating the previous cost estimate report done in 2010, and reaching out to businesses and stakeholders in “The Village” commercial zone and preparing an undergrounding phasing plan for this area; coordinating meetings with the City and Imperial Irrigation District (IID) staff to verify the City’s goals of the study and review any changes in IID’s design standards, policies and/or procedures that might impact a future undergrounding project; and preparing the updated study, including assumptions, cost estimates and potential funding alternatives that the City may wish to pursue.
Underground Utility Assessment District No. 2022-1 (Stonehill Drive) CITY OF DANA POINT | DANA POINT, CA
Project Engineer. Ms. O’Neal is part of the team responsible for preparing a Preliminary and Final Engineer’s Report for a Rule 20A Underground Utility District on Stonehill Drive between Golden Lantern and Del Obispo Street, which has been approved by City Council. There are 42 parcels in the District.
Assessment District No. 118
CITY OF NEWPORT BEACH| NEWPORT BEACH, CA
Project Engineer. Ms. O’Neal is part of the team responsible for preparing a petition package for a new proposed district, which includes a preliminary boundary map, a property owner database, and estimated costs. The district is generally bordered by East 15th Street, Irvine Avenue, Cliff Drive, and Westminster Avenue, and contains approximately 597 parcels.
Tamarisk Utility Undergrounding Support
CITY OF PALM DESERT | PALM DESERT, CA
Project Engineer. Ms. O’Neal obtained easements in support of the Tamarisk Utility Undergrounding Project. NV5’s services included identifying and contacting the owners of different parcels where the need for additional public right-of-way has been identified as necessary for project completion; communicating directly with those individuals to discuss the project and the City’s intent to obtain additional easements; answering questions based on the City’s protocol and the project itself; arranging a mobile notary and establishing a date and time to meet with the property owners; obtaining notarized signatures on the required forms; and securing the hard copy documents and delivering them to City Hall.
TAMARA O’NEAL, PE
Project Manager
Ms. O’Neal has more than 30 years of experience in municipal engineering services, including capital improvement and development review project management, utility undergrounding support, sewer rehabilitation design and planning, stormwater quality regulatory, reporting and review services, asset management, floodplain development services and environmental restoration services.
CONTACT INFO
[email protected]
EXPERIENCE
30 years
EDUCATION
B.S. Civil Engineering
LICENSES/CERTIFICATES
Civil Engineer (CA)
No. 69107
AFFILIATIONS
American Public Works
Association (APWA)
American Society of Civil
Engineers (ASCE)
California Stormwater
Quality Association
(CASQA)
California Building Officials
(CALBO)
ATTACHMENT A, EXHIBIT A 15 April 7, 2026 Item 5
City of Del Mar | Beach Colony (2) & 25th Street Utility Undergrounding Districts NV5 | 15
FIRM & TEAM QUALIFICATIONS
GREGG BUTSKO
Utility Engineer
Mr. Butsko has more than 35 years of utility planning and design experience.
He has extensive experience in a diverse range of project types such as master planned communities, resorts and hospitality projects, public works and government improvement, campuses, and large-scale re-development projects throughout California, West Coast, and across the country.
Project Experience
3 Roots Master Planned Community
MESA CANYON COMMUNITY PARTNERS | SAN DIEGO, CA
Principal-In-Charge. Provided the SDG&E Applicant Design for new business gas and electric distribution line extension systems to provide safe, reliable service to the 1,800 residential unit community. SDG&E planning and final Applicant Design will encompass backbone roadways, in-tract streets, residential areas, retail areas, active parks as well as a 12kV Underbuilt poleline undergrounding/relocation in Carroll Canyon Road (approximately 3,500 LF) to be coordinated and designed along with a 69kV Transmission undergrounding/relocation.
Village Undergrounding Feasibility Study
CITY OF LA QUINTA | LA QUINTA, CA
Project Engineer. Mr. Butsko is part of the team providing engineering consultant services to the City of La Quinta to update cost estimates for the undergrounding of overhead power, telephone and cable television utility lines within six areas of the community. The NV5 team is responsible for updating the previous cost estimate report done in 2010, and reaching out to businesses and stakeholders in “The Village” commercial zone and preparing an undergrounding phasing plan for this area; coordinating meetings with the City and Imperial Irrigation District (IID) staff to verify the City’s goals of the study and review any changes in IID’s design standards, policies and/or procedures that might impact a future undergrounding project; and preparing the updated study, including assumptions, cost estimates and potential funding alternatives that the City may wish to pursue.
Contract Engineering & Design
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Principal. Services included planning, design and engineering for major overhead and underground electric projects. Projects range from Rule 20, underground conversion work; cable replacements; circuit extensions and cut-over; system reliability projects; capacitor re-closures; SCADA installations; overhead and underground relocations; new business line extension and service order planning; and design for backbone systems, residential, commercial and industrial use.
CONTACT INFO
[email protected]
EXPERIENCE
36 years
EDUCATION
Business Management
AFFILIATIONS
California Public Utilities
Commission
California Building Industry
Association
Southern California
Building Industry
Association
San Diego Building
Association
Northwest Public Power
Association
Western Energy Institute
Edison Electric Institute
Cal Poly Pomona - UPC
ATTACHMENT A, EXHIBIT A 16 April 7, 2026 Item 5
City of Del Mar | Beach Colony (2) & 25th Street Utility Undergrounding Districts NV5 | 16
FIRM & TEAM QUALIFICATIONS
CLEMENTE VENTURA
Utility Engineer
Mr. Ventura has 19 years of design experience in electrical distribution design, project management, and planning. He is currently overseeing the Dry Utility Design Group and utilizes his technical expertise to mentor the design staff and oversee the projects from inception to completion.
Project Experience
C0909 Underground - Electric
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Distribution Design Manager. Managed design layout for SUG project. Design consulting/Design layout.
La Media Rd & Truck Route Improvements
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Distribution Design Manager. Design review and consulting. 8555 Aero Dr - Underground Extension
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Distribution Design Manager. Design and finalize material units. 8555 Aero Dr - Temp Pwr Install
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Distribution Design Manager. Design and finalize material units. 8555 Aero Dr - Primary and XFMR Removal
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Distribution Design Manager. Design and finalize material units.
REL-170 Clairemont Mesa West Imp 1 Underground
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Distribution Design Manager. Design review and consulting.
NB3 PoSD Shore Power PH1
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Distribution Design Manager. Design and finalize material units. 4517 Oregon St Overhead Secondary Relocation
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Distribution Design Manager. Design and finalize material units. 1120 Broadway
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Distribution Design Manager. Design review and finalize for client.
CONTACT INFO
clemente.ventura@
nv5.com
EXPERIENCE
19 years
EDUCATION
B.S. Regional Development
REGISTRATIONS
SDG&E OU/UG/Gas/
Transformer Vaults
Qualified Designer
ATTACHMENT A, EXHIBIT A 17 April 7, 2026 Item 5
City of Del Mar | Beach Colony (2) & 25th Street Utility Undergrounding Districts NV5 | 17
FIRM & TEAM QUALIFICATIONS
ROBERT P. RICHARDSON IV
Utility Engineer
Mr. Richardson is a seasoned utility design professional with over 20 years of experience in electric powerline construction, engineering, and project management with a proven ability to deliver high-quality, compliant, and cost-effective solutions for overhead and underground transmission and distribution systems. He is known for ethical leadership, strong utility relationships, and a passion for mentoring the next generation of designers and brings a unique three-point perspective to every projectdesign, engineering, and construction-to ensure constructible, efficient outcomes.
Project Experience
12 kV, C182 Citricado Parkway Extension – New Underground System SAN DIEGO GAS & ELECTRIC | ESCONDIDO, CA
Senior Project Manager and Design QA/QC. Responsible for coordinating the undergrounding and relocation designs and provided internal QA/QC for accuracy and constructability. This project involved converting an existing overhead electric distribution system to an underground system in conjunction with the City of Escondido’s road improvement plans.
12 kV, C182 Citricado Parkway Extension – New Underground System SAN DIEGO GAS & ELECTRIC | ESCONDIDO, CA
Senior Project Manager and Design QA/QC. Responsible for coordinating the undergrounding and relocation designs and provided internal QA/QC for accuracy and constructability. This project involved converting an existing overhead electric distribution system to an underground system in conjunction with the City of Escondido’s road improvement plans.
12 kV, Woodcrest Jamul 20B Conversion
SAN DIEGO GAS & ELECTRIC | JAMUL, CA
Senior Project Manager and Internal QA/QC Reviewer. Responsible for coordinating the undergrounding design. This project involved converting an existing overhead electric distribution system to underground electric to accommodate the customer’s project needs.
12.47 kV, ESH C1215 SUG
SAN DIEGO GAS & ELECTRIC | CRESTWOOD, CA
Internal QA/QC Reviewer. Responsible for performing internal 3rd party review of the underground conversion designs and construction drawings to ensure compliance with SDG&E design and drafting requirements. The project includes converting existing overhead electric distribution system to underground electric to meet SDG&E’s undergrounding initiative in CPUC’s Tier 3 areas.
CONTACT INFO
robert.richardson@
nv5.com
EXPERIENCE
21 years
EDUCATION
A.S. Drafting Technology,
A.A. General Education
REGISTRATIONS
Qualified SDG&E Applicant
Designer – Overhead &
Underground
Shielded Metal Arc
Welding (SMAW) Welding
Certificate – 1” to
Unlimited
ATTACHMENT A, EXHIBIT A 18 April 7, 2026 Item 5
City of Del Mar | Beach Colony (2) & 25th Street Utility Undergrounding Districts NV5 | 18
FIRM & TEAM QUALIFICATIONS
CONTACT INFO
[email protected]
EXPERIENCE
20+ years
EDUCATION
B.S. Civil Engineering
LICENSES/CERTIFICATES
Civil Engineer (CA)
No. 70191
LEED AP (USGBC)
Certified Instructor for
Project Management
Training
Certified Design Quality
Control Manager
AFFILIATIONS
American Society of Civil
Engineers – Director
Society of American
Military Engineers
Project Experience
San Diego International Airport 12KV Relocation
SAN DIEGO REGIONAL AIRPORT AUTHORITY | SAN DIEGO, CA
Project Manager. Mr. Rowland was the Project Manager for $17M project that relocated 12KV electrical service at San Diego International Airport’s Terminal 2.
The project included horizontally designing and profiling electrical duct banks and manholes that would later serve the Terminal 2 Expansion Project. Project also included coordination with the City of San Diego and SDG&E for off-site work in Harbor Drive.
Power Your Drive
SAN DIEGO GAS & ELECTRIC | SAN DIEGO AND ORANGE COUNTY, CA Project Manager. Mr. Rowland was the Project Manager for SDG&E’s pilot electrical vehicle charging program. The project scope included the installation of 3,000 electrical vehicle (EV) charging nozzles within various existing parking lots and garages throughout San Diego and Orange counties. NV5 provided civil engineering, ADA design, horizontal control for power conduit, surveying, due diligence efforts, agency permitting and construction support on over 100 separate sites. 20% of Power Your Drive sites were located within parking garages. 80% of sites required ADA design and path-of-travel verification.
Glorietta Bay Redevelopment
CITY OF CORONADO | CORONADO, CA
Lead Project Civil Engineer. Mr. Rowland was the Lead Project Civil Engineer for the $30M waterfront project that included a new City Hall, Community Center Building, roadway, and pedestrian promenade. Design included grading and drainage, demolition, horizontal control, relocated water lines, drainage utilities, Storm Water Management Plan (SWMP), street repair, and realignment plans, specifications, construction cost estimates and a SWPPP. Project was the first in San Diego County to successfully use permeable pavers as part of the stormwater design.
Life Safety Road Design
SOUTHWESTERN COLLEGE | CHULA VISTA, CA
Lead Project Engineer for the major $10M campus infrastructure project that entirely rebuilt the campus’ vehicular loop road, reconstructed multiple parking lots, provided extensive ADA upgrades, replaced the fire service loop and realigned pedestrian access. Also included grading, campus-wide stormwater design, traffic and pedestrian studies, DSA and City of Chula Vista approval.
JONATHAN (JON) ROWLAND, PE, LEED AP
Civil Engineer
With over 20 years of professional engineering experience, Mr. Rowland specializes in civil engineering and design services for complex infrastructure projects, including utility undergrounding. He is an effective communicator and collaborator, experienced in coordinating with utility companies, agencies, and multidisciplinary teams to develop practical, well‑integrated design solutions.
ATTACHMENT A, EXHIBIT A 19 April 7, 2026 Item 5
City of Del Mar | Beach Colony (2) & 25th Street Utility Undergrounding Districts NV5 | 19
FIRM & TEAM QUALIFICATIONS
Project Experience
Del Mar Bluff Stabilization Project 3
SANDAG
Principal Surveyor responsible for providing horizontal and vertical control field checks and cross-section surveys along the Del Mar Bluff (approximately 40 acres).
Terminal 2 West Expansion Landside Improvements, Green Build
SAN DIEGO INTERNATIONAL AIRPORT
Principal Surveyor responsible for verifying, updating, and maintaining owner provided topographic mapping for a 70-acre site, including records research for the property line survey and mapping information for the common property line between the Airport, adjoining City Property, and Harbor Drive right-of-way.
Pump Station 1 Modification and Force Main Project
CITY OF CORONADO | CORONADO, CA
Principal Surveyor responsible for records research and a field survey to locate and verify horizontal and vertical project control based on County of San Diego Survey Control for use during the aerial, topographic mapping and right-of-way survey to construct approximately 14,334 LF of 8-inch HDPE sewer force main and pump station modifications to include an odor control system in order to extend City sewer services to the approved NBC Coastal Campus, including a field survey to identify and locate horizontally and vertically requested potholes. SDE conducted a supplemental field survey to locate and identify other topographic features to include hardscape, utilities, facilities and/or other man-made or man-placed features obscured from view and not identified in the aerial photos for use in the preparation of final engineering design.
Coast Boulevard Sea Cave Emergency Stabilization Project
SAN DIEGO, CA
Mr. Karydes provided land surveying services in support of the design of the new road surface, storm drain replacement, and road stabilization. Services included locating existing horizontal & vertical project control, aerial and terrestrial topographic mapping, and construction staking for road surface and storm drain replacement, as needed.
CONTACT INFO
[email protected]
EXPERIENCE
35 years
LICENSES/CERTIFICATES
Professional Land Surveyor
(CA) No. 7442
AFFILIATIONS
North County Civil
Engineers and Land
Surveyors (NCCELS),
Member
Associated General
Contractors, San Diego
Chapter, Member
California Land Surveyors
Association (CLSA), San
Diego and State Chapters,
Member, Past State Board
Representative 2008, Past
President 2007
National Society of
Professional Surveyors
(NSPS), Member
Building Industry
Association (BIA), San
Diego Chapter, Past
Member
ANDREW (ANDY) KARYDES, PLS
Surveyor
Mr. Karydes has 35 years of professional experience in the field of land surveying.
Mr. Karydes’ experience includes boundary surveys, ALTA surveys, subdivision maps, parcel maps, records of surveys, terrestrial topographic and aerial photogrammetric surveys, construction surveys and staking, horizontal and vertical control surveys, as-built surveys, records research, the preparation of legal descriptions and easement plats, map check and expert witness testimony. He manages survey teams, contract administration, budgets, resource allocation and scheduling. Mr. Karydes has provided surveying services for public and private projects, including for SANDAG, NCTD, Caltrans, Cities of San Diego, Oceanside, Poway, Encinitas, Carlsbad and Del Mar, Otay Water District, and Sempra Energy/SDG&E.
ATTACHMENT A, EXHIBIT A 20 April 7, 2026 Item 5
City of Del Mar | Beach Colony (2) & 25th Street Utility Undergrounding Districts NV5 | 20
FIRM & TEAM QUALIFICATIONS
ROBERT COTA, LSIT
Surveyor
Mr. Cota brings 15 years of experience supporting electric transmission and distribution programs. He has extensive experience with LiDAR acquisition and processing, PLS‑CADD line design engineering, and integration of survey and geospatial data to support accurate overhead line design and construction. His background includes coordination of field data collection, survey deliverables, and design validation to support fast‑paced utility schedules and complex engineering requirements.
Project Experience
Fire Risk Mitigation Program (FiRM)
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Provided project management support for FiRM. The project focused on replacing older 4 kV and 12 kV overhead distribution line elements using new technology and stricter design standards. NV5 survey crews supported initial PLS-CADD design data acquisition via traditional ground survey, High Definition Scanning (HDS), and aerial LiDAR via UAV or Helicopter. NV5 distribution designers and engineers used PLSCADD 3D line design software to model existing and new overhead facilities to confirm structural integrity, conductor sagging, and appropriate phase and ground clearances.
The NV5 design team used existing circuit information, job-walk feedback, PLS-CADD model analysis, and SDG&E Standards and department responses to create overhead and underground designs, SCADA plan, and Work Management Software labor and material entries to produce construction- ready job packages.
Camp Pendleton Wood-to-Steel Program
SAN DIEGO GAS & ELECTRIC | OCEANSIDE, CA
Responsible for PLS-CADD underbuild design. This project also consisted of four 69 kV overhead transmission line rebuilds, ranging from 5-8 miles in length apiece, as part of a wood-to-steel fire hardening program. His technical responsibilities as responsible engineer for these projects include PLS-CADD oversight, steel pole design, standard development and QA/QC of all design documents and engineering drawings.
SCADA Connect and NERC Reliability Assessment
SAN DIEGO GAS & ELECTRIC | SAN DIEGO, CA
Installation of a new overhead SCADA fiber optic cable along a 25-mile 138 kV circuit while also assessing the entire pole line and its other attached 69kV circuit for NERC reliability concerns. The fiber optic design involving creating an as-built model in PLSCADD, analyzing existing conditions for any strength failures or clearance violations, and checking the entire installation for local code compliance issues. After designing the fiber optic line addition, the revised PLS-CADD was again checked for strength failures and clearance violations, including an assessment of underbuild distribution facilities where installed. Pole replacements and interset poles were designed as needed. A full NERC Reliability Assessment was also prepared to confirm codecompliant line loading and clearances.
CONTACT INFO
[email protected]
EXPERIENCE
15 years
REGISTRATIONS
Land Surveyor-in-Training:
CA #8097
AFFILIATIONS
California Land Surveyors
Association (CLSA)
Urban and Regional
Information Systems
Association (URISA)
ATTACHMENT A, EXHIBIT A 21 April 7, 2026 Item 5
06-10-24
Utility Undergrounding District 2 (UUD 2) - Beach Colony Camino Del Mar 29th St
28th St
27th St
26th St
25th St
24th St
23th St
22th St
21th St
27th St
26th St
25th St
24th St
23th St
21th St
20th St
20th St
19th St
18th St Coast Blvd
2996
2986
2984
2940
2938
2936
2932
2928
2920
2921 2735
223 229 235 247 251 263
220 224 234 248 252 260
211
2625
2617
2609
219 227 235 245 251 261
220 228 244 248 264 252
221
220 228 234
240
248
256 2515
227 237 243 251
257
2435
2427
2411
2403
205
2315
2305
203
225
239
247 257
224
226
236 244
252 264
217
227
235
239
251 259 267
210
&
1/2
220
&
1/2 226
238
&
1/2
242
248 260
211 223 227 229 247 251 255
212 218
230
242
250 260
211
223 231
239 243
247
208
216
228
232
236
2600
2606
2610
2614
2618
2622
121 131 139 147
155
2601 146 154
2502
2508
2514
2522
2528 2525
137 157
2430
2418
2410
2402
122 130
2402
146
2318
2312
2306
2222
2220
2212
2204
2124
2118
2112
2102
2050
2048
2040
2034
2028
2024
2020
2016
2008
2004 2004
2014
2018
2030
2036
2044
141
131
2323
2307
136
133 145
2320
2310
142 2111 2125141
130
145
2120
2112
2102
125
133 143 151 2211136
2212
144
1951
1943
1933
1927
1919
1911
212 224 228
1920
1928
1942
1939
221227
1853
1847
1833
1841
1823
1817
1809
1801
229
1844
1836
1830
1822
1812
224
1835
1847
1855
1905
1921
1923
1935
1945
1953
255
2007
2011
258
226
2012
2020
2028
2034
2071
2069
2073
2135
2049
2041
2037
2019
2027
2011
2003
2998 Coast Blvd
Legend
District 2 Limits
www.delmar.ca.us/up
2618
2614
2514
2508
162
2312
2040
2034
2028
3004
258
2057
22th St
2801 2803 2805 2809
2819 2817 2821 2823 2825 28152811 2727 2731 2725 2729 2733 2719 2723 2715 2717 2721 237
235 241
249
255
250
242
236
222
219
259
261
263
246
245
243
1803
1811
1819 2705 2707 2711
2923
2925
2927
2929
1837
1929
1935
1945
1953
2005
2013
2029
2043
2051
2059
2036
145
2122
240
228
219
241
221
229 241
237
P60873 Exempt
from Removal
Meter #5598620 Pole
Exempt from Removal
P62836 Exempt from
Removal
ATTACHMENT B
22 April 7, 2026 Item 5
06-10-24
Utility Undergrounding District - 25th Street
Legend
District 2 Limits
www.delmar.ca.us/up
24th St Ocean Front Ocean Front
25th St
25th St
26th St Camino Del Mar
24th St
26th St
2502
140 150 162
2425 131 145 153
ATTACHMENT C
23 April 7, 2026 Item 5
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Sarah Krietor, Administrative Services Manager
Kaitlyn Elliott-Norgrove, Special Projects & Programs Manager Via Ashley Jones, City Manager
DATE: April 7, 2026
SUBJECT: Authorization to Purchase Two New Fire Vehicles and Apply for Del Mar Foundation Grant Funds to Support the Purchase
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Authorize the City Manager to execute purchasing documents with National Auto Fleet Group, utilizing Sourcewell Contract No. 081325-NAF, for the purchase of one (1) model year 2026 Ford F-250 crew cab pickup truck for a Fire Battalion Chief and one (1) model year 2026 Ford F-150 crew cab pickup truck for the Fire Marshal, including outfitting for both vehicles, in the total amount not to exceed $268,000; 2) Authorize the City Manager to apply for grant funding from the Del Mar Foundation to be applied toward the Fire Marshal vehicle cost and to execute all related documents; and 3) Authorize an amendment to the Fiscal Year 2025-2026 Operating and Capital Budget as described in the Fiscal Impact section of this report.
BACKGROUND:
In June 2025, the Encinitas City Council voted to exit the Cooperative Fire Management Services Agreement COOP (COOP) for shared fire management services with the cities of Del Mar and Solana Beach (Cities), effective March 31, 2026. Under an Interim Cost Sharing Agreement, the Cities brought on Interim Fire Chief Colin Stowell in January 2026, to help facilitate a smooth management transition and assist the Cities with hiring a permanent Fire Chief and development of a proposed Fire Department management structure. Additionally, the Cities approved hiring of an Interim Fire Marshal in February 2026. As the Cities bring on interim and permanent fire management personnel, the Cities need to procure and provide the necessary equipment and vehicles related to these positions.
DISCUSSION/ANALYSIS:
The Cities are currently preparing to add three initial key permanent positions including the Fire Chief, Fire Marshal, and Battalion Chief as part of the transition from the COOP with Encinitas.
These positions will be critical to meet the needs of the Cities for fire prevention and emergency response services. Formal approval to hire permanent staff will come to Council for consideration in the coming months; however, due to purchase and outfitting timeframes, Council authority for purchase of vehicles for these positions is needed now to ensure fire operations continue smoothly when permanent staff is hired.
1 April 7, 2026 Item 6
City Council Agenda Report
Authorization to Purchase Two New Fire Vehicles
April 7, 2026
The proposed vehicles for purchase are necessary to provide reliable transportation capable of supporting emergency response, field inspections, incident command activities, and transport of personnel and specialized safety equipment. These command vehicles serve as critical mobile assets that allow staff to respond rapidly to emergencies.
The acquisition of fire vehicles has been divided between the Cities to equitably share costs associated with shared personnel. The City of Solana Beach will purchase the Fire Chief vehicle and a fire utility truck, as approved by its City Council on March 25, 2026, while the City of Del Mar is proposed to purchase vehicles for the Fire Marshal and Battalion Chief positions. From an asset management and reporting standpoint, these vehicles will be directly owned by the purchasing City and would be repurposed or sold by that City should the COOP be dissolved in the future.
Del Mar Vehicle Purchases
To maintain consistency across both departments and shared management staff, fire vehicles will be standardized in make, model, and general outfitting, with variations in color, configuration, and equipment with some variations based on each position’s operational role.
The Battalion Chief vehicle proposed for purchase by Del Mar will be a larger, red Ford F-250 pickup with extensive required outfitting, including a dual radio and monitor console system to function as a mobile incident command post, consistent with regional fire agency standards.
Based on operational needs, emergency response expectations, facility limitations for electric charging, duty cycle, and maintenance considerations, a gasoline configuration is recommended for this vehicle purchase. The total cost for this vehicle is $169,500.
The Fire Marshal vehicle is proposed to be a smaller, white Ford F-150 pickup with more limited outfitting appropriate for fire prevention functions and consistent with existing City of Solana Beach fire prevention vehicles. Given its usage, available charging infrastructure at City Hall, and cost considerations, a hybrid configuration is recommended which will result in reduced emissions compared to a traditional gasoline vehicle for a minimal cost difference of $1,000. The total cost for this vehicle is $98,500.
Additionally, each of the new vehicles will be installed with emergency communication radios and associated vehicle graphics displays. These enhancements are essential to ensure operational readiness, maintain reliable field communications, and provide clear vehicle identification for emergency response. The communications systems will be the same as those in the existing fire vehicles and those to be purchased City of Solana Beach.
Purchasing Compliance
The procurement process for both vehicles complies with Del Mar Municipal Code Section
7.04.100 Cooperative Purchasing which allows the City to participate in cooperative purchasing agreements. The City participates in several cooperative purchasing organizations, including Sourcewell. These organizations establish and provide nationwide competitively solicited purchasing contracts for use by participating public agencies. To ensure efficiency and obtain the most favorable pricing, City staff recommends entering into an agreement with National Auto Fleet Group utilizing Sourcewell, Contract No. 081325-NAF for purchase of the vehicles identified above.
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City Council Agenda Report
Authorization to Purchase Two New Fire Vehicles
April 7, 2026
Del Mar Foundation Grant Application
Founded in 1982, the Del Mar Foundation (Foundation) is Del Mar’s community foundation and its oldest 501(c)(3) nonprofit organization. The Foundation sponsors a wide range of programs and events, awards community grants, and manages over $9 million in endowment and reserve funds to support the Del Mar community’s long-term needs. On an annual basis, the Del Mar Foundation solicits requests for funding from the City of Del Mar for community benefiting items.
Based on initial conversations with Foundation representatives, the City has been invited to apply for a Foundation grant toward the purchase and outfitting of the Fire Marshal vehicle. If authorized for submittal by the City Council, the grant application is due by April 14, 2026, for consideration at the April 21, 2026, Foundation Grants Committee meeting. If the Committee advances the City’s application, then the full Foundation Board will consider the request at its April 23, 2026, meeting.
FISCAL IMPACT:
Staff recommends the City Council authorize a budget adjustment and allocation up to $268,000 as shown in the table below which may be partially offset if grant funds are awarded by the Del Mar Foundation.
Fire Marshal
Description Account Fund Amount
Vehicle F-150 Hybrid 01-5730-5500 General Fund $61,000
Outfitting 01-5730-5500 General Fund 25,000
Radio System (1 radio) 01-5730-5500 General Fund 12,500 Total $98,500*
Battalion Chief
Description Account Fund Amount
Vehicle F-250 01-5730-5500 General Fund $69,500
Outfitting 01-5730-5500 General Fund 75,000
Radio System (2 radios) 01-5730-5500 General Fund 25,000 Total $169,500
*If grant funds are awarded, total General Fund contribution toward the Fire Marshal vehicle will be reduced.
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. 3 April 7, 2026 Item 6
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: April 7, 2026
SUBJECT: Approval of San Diego Gas & Electric Customer Payment Remittance for the Jimmy Durante Boulevard Bluff Stabilization Project REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council approve the San Diego Gas & Electric (SDG&E) Customer Payment Remittance for the Jimmy Durante Boulevard Bluff Stabilization Project in an amount up to $148,550 (Attachment A) and authorize the City Manager to execute any necessary documents and make the payment.
BACKGROUND:
On April 21, 2019, a significant bluff failure occurred between Jimmy Durante Boulevard (JDB) and 1970 Seaview Avenue resulting in earthen debris covering the eastern sidewalk and roadway. The City Council approved an emergency response contract, which resulted in stabilizing the bluff and the construction of a temporary retaining structure with 50-foot steel beams and timber lagging to prevent future failures. After the temporary retaining structure was complete, JDB re-opened on May 29, 2019.
Since then, the private property located just above the failure at 1970 Seaview Avenue has been redeveloped and regraded, incorporating a series of retaining walls and landscaping that resulted in less earthen loading on the City property below. The City’s consultants subsequently performed survey mapping of the new topographic conditions and a geotechnical stability analysis of the City property and the three upslope adjacent properties to the west located at 1956, 1970, and 1974 Seaview Avenue.
Results of the geotechnical stability analysis determined that the existing retaining structure provides adequate stability factors of safety for the City property west of 1974 and 1970 Seaview Avenue and should be extended 45 feet to the south to proactively provide an adequate stability factor for the City property west of 1956 Seaview Avenue. 1 April 7, 2026 Item 7
City Council Agenda Report
Approval of SDG&E Customer Payment Remittance for the Jimmy Durante Boulevard Bluff Stabilization Project
April 7, 2026
In August 2024, the City Council authorized staff to proceed with engineering design, landscape architecture, bid packet preparation, and environment permitting for the Jimmy Durante Boulevard Bluff Stabilization Project (Project). On November 17, 2025, the City Council awarded a construction contract to New Century Construction Inc. for $772,192, approved related task orders for construction support services totaling $145,624, and authorized $77,219 in project contingency.
DISCUSSION/ANALYSIS:
OSHA regulations do not allow cranes or construction equipment within 20 feet of active overhead power lines above 350kV. The retaining structure construction requires cranes within 20 feet of the existing overhead powerlines and therefore coordination with SDG&E to perform an overhead outage is required.
During the initial JDB bluff failure emergency work performed back in 2019, SDG&E was able to perform an overhead outage more easily due to less than current loads on the overhead wires and the emergency nature of the work, and the City was not charged. The work currently being undertaken by the City to extend the retaining structure is not considered emergency work and therefore falls under the California Public Utilities Commission (CPUC) Rule 13 Tariff, which requires the City to pay for the work to be undertaken by SDG&E.
SDG&E’s work includes both temporary underground and overhead installations and removals between two poles in the conflict area (Attachment B). Temporary installations involve pulling cable underground through existing empty fiber conduit under the sidewalk, as well as installing a cable pole, risers, terminator, connections, and switches.
Temporary removals consist of dismantling these facilities once the overhead outage is complete. SDG&E currently estimates the cost of this work at $148,550 (Attachment A).
Staff is working with SDG&E to review these costs, which may be subject to adjustment.
Unfortunately, due to the proximity of the wires and OSHA requirements, constructing the retaining wall necessitates an overhead outage, and no suitable alternative exists. The City’s contractor is nearing completion of all actives preceding construction of the retaining structure. The project schedule requires SDG&E to complete the overhead outage before the contractor begins the retaining structure. Therefore, SDG&E’s work is critical to complete the City’s project timely and avoid costly delays.
FISCAL IMPACT:
No fiscal action is required by the City Council related to this agenda item. The fiscal impact of Council’s authorization of the recommended action will result in an additional 2 April 7, 2026 Item 7
City Council Agenda Report
Approval of SDG&E Customer Payment Remittance for the Jimmy Durante Boulevard Bluff Stabilization Project
April 7, 2026
up to $148,550 in Project expenditures. Sufficient funds for the identified work are available in the adopted Fiscal Year 2025-2026 Capital Budget.
ENVIRONMENTAL IMPACT:
The project is exempt from the California Environmental Quality Act (CEQA). CEQA Guideline Section 15301(d)-Class 1 (Existing Facilities) exempts projects involving the “operation, repair, maintenance...or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” Examples include existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; and restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety. Section 15304(b)-Class 4 (Minor Alterations to Land), also applies as the areas disturbed by the proposed improvements would be restored with hydroseed to minimize erosion and planted with a variety of drought-tolerant landscaping.
This project proposes extending the existing wall approximately 45 feet to the south, utilizing a similar soldier pile wall configuration and would require minor grading along the slope to accommodate the wall extension as proposed. After the wall extension is constructed, drought-tolerant native species would be installed as landscaping along the slope below the wall to reduce visibility of the wall and to visually blend the improvements into the existing setting. None of the exceptions listed under CEQA Guidelines §15300.2 apply to the project and no unusual circumstances are present that could lead to a significant environmental effect.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
The Jimmy Durante Boulevard Bluff Stabilization Project is a Tier 1 City Council priority project for FY 2025-2026.
ATTACHMENTS:
Attachment A – SDG&E Customer Payment Remittance
Attachment B – SDG&E Plans
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ATTACHMENT A
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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ATTACHMENT B
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Ashley Jones, City Manager
Karen Brindley, Planning and Community Development Director Amanda Lee, Principal Planner
DATE: April 7, 2026
SUBJECT: Consideration of a Second Amendment to the Exclusive Negotiating Rights Agreement with the 22nd District Agricultural Association Relating to Fairgrounds Affordable Housing (Housing Element Program 3A) REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council: 1) Approve the Second Amendment to the Exclusive Negotiating Rights Agreement with the 22nd District Agricultural Association including renaming the agreement from ENRA to the “Agreement for Affordable Housing Site Due Diligence and Development Feasibility Analysis” (Attachment A); and 2) Authorize the City Manager to execute the agreement.
BACKGROUND:
The City’s 6
th Cycle Housing Element was adopted by the City Council on March 25, 2021, and ultimately certified by the State Department of Housing and Community Development (HCD) on May 31, 2023. In accordance with Housing Element Program 3A, the City is seeking to secure a site 1 to 1.5 acres in size within the Fairgrounds property in the City of Del Mar for development of at least 61 dwelling units for lower income households.
The City and 22nd District Agricultural Association (District) executed an Exclusive Negotiating Rights Agreement (ENRA) in March 2024 (Attachment B) to serve as a binding agreement to satisfy Housing Element Program 3A. The purpose of the ENRA is to set a process and schedule for completion of pre-development due diligence studies to help determine feasibility and selection of a location for affordable housing on District property by the District Board.
The District unanimously approved the ENRA on February 20, 2024, followed by unanimous City Council approval on March 4, 2024. The agreement executed in March 2024 took effect on April 15, 2024, with an initial term set to expire on April 15, 2026, unless extended.
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City Council Agenda Report
Amendments to Agreement - City/District
April 7, 2026
As provided for under the agreement, a First Amendment (Attachment C) was executed to extend the term of the ENRA by one-year to April 15, 2027, to accommodate the time necessary to complete the due diligence studies using State Housing Acceleration Program (HAP) grant funds and better align with the District’s ongoing master planning efforts.
In October 2025, the District Board directed the District’s Chief Executive Officer (CEO) and Board Legal Subcommittee to work with Del Mar to explore potential amendments to the ENRA that would:
• Add language to align the ENRA with state housing law requirements; • Require all actions and milestones to be presented to and approved by the Board; • Remove language regarding “exclusivity”; and
• Clarify that the Board will have the final say on any potential housing site location.
On December 18, 2025, the District’s CEO, Legal Counsel, and Board Legal Subcommittee met with Del Mar officials to discuss the proposed amendments, which were subsequently drafted and agreed to by the respective parties to be presented to the District Board and City Council for consideration.
On March 10, 2026, the District Board unanimously approved the Second Amendment to the ENRA, which will now be known as the Agreement for Affordable Housing Site Due Diligence and Development Feasibility Analysis. As identified in the redline version of the Second Amendment (Attachment D), the proposed amendments are generally nonsubstantive and there are no changes to the obligations or dates for completion that were already approved in the ENRA as amended by the First Amendment.
DISCUSSION/ANALYSIS:
The proposed amendments to the ENRA are generally non-substantive clarifications, which are summarized below.
1. Adds language to specifically align the ENRA with the requirements of state housing laws.
Proposed change: Recital Q was added to read that both parties agree “that this Agreement is consistent with those applicable California laws related to the development of affordable housing and that the Agreement furthers the important public policy of providing additional affordable housing within the State of California and the San Diego region.”
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City Council Agenda Report
Amendments to Agreement - City/District
April 7, 2026
2. Requires all agreement actions and milestones to be presented to and approved by the District Board.
Proposed changes: Throughout the document, changes are proposed to provide for more clarity and direct District Board and City Council oversight:
• Adds conditional language that makes it clear that a lease agreement must be approved by the City Council and District Board (1.1(c)). • Requires any further extensions to the agreement, beyond an initial two granted to the CEO, be approved by the District Board and adds clearer language around termination through lack of extensions (1.2(a) and (b)). • Clarifies that the District Board will have the final say on any potential development sites, if the Board moves forward with affordable housing (1.1 (a), (c), 1.2 (a) and (b), (1.3(a)).
• Changes the District’s “designated representative” to the negotiated lease agreement from the District CEO to the District Board or its designee (1.4(b)). • Declares the District Board as the approving authority for any “District actions” taken under the ENRA (1.5(a)).
3. Removes agreement language regarding exclusivity.
Proposed change: Renames the ENRA document as the “Agreement for Affordable Housing Site Due Diligence and Development Feasibility Analysis” to more accurately reflect the work being performed and removes all references to exclusivity.
4. Additional clarifying non-substantive edits to the agreement • Reflects the purpose and provides understanding of the HAP grant funds and studies (Recitals I-L).
• Clarifies the purpose of the Agreement is to conduct due diligence and feasibility analysis and not negotiation of real estate terms or contracts (Recitals P and S). • Clarifies the District is not obligated under the Agreement to convey or lease any portion of the Fairgrounds property to the City for affordable housing development, nor is the City obligated to acquire or lease any portion of the property (Recitals RS). 3 April 7, 2026 Item 8
City Council Agenda Report
Amendments to Agreement - City/District
April 7, 2026
• Establishes clear limits regarding the District’s authority to determine feasibility of affordable housing developments on its properties located within the City of San Diego (1.3(a)).
Next Steps:
As discussed in the recitals of the proposed Second Amendment, the State awarded $1.5 million in HAP grant funds to the City for the District to complete pre-development due diligence studies. The District’s consultant completed due diligence studies in March 2026, the findings for which will be presented to the District Board and Del Mar City Council at a future date.
Looking ahead, HCD’s expectation for the City’s implementation of Housing Element Program 3A includes City completion of a conceptual development program by September 2026; and City Council and District Board mutual agreement on a housing site and approval of a ground lease agreement by November 2026 for consideration by the State Department of General Services (Attachment E).
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council 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.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Fairgrounds affordable housing is a City Council identified Tier 1 (highest) priority work plan item.
ATTACHMENTS:
Attachment A – Second Amendment to the ENRA between the City and District Attachment B – Exclusive Negotiating Rights Agreement
Attachment C – First Amendment to the ENRA
Attachment D – Redline Second Amendment to the ENRA
Attachment E – HE Program 3A Implementation Schedule per City and HCD Agreement 4 April 7, 2026 Item 8
1 SECOND AMENDMENT TO THE EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT
HEREINAFTER REFERRED TO AS AGREEMENT FOR AFFORDABLE HOUSING SITE
DUE DILIGENCE AND DEVELOPMENT FEASIBILITY ANALYSIS
(Fairgrounds)
This Second Amendment to the Exclusive Negotiating Rights Agreement, hereinafter referred to as the Affordable Housing Site Due Diligence and Development Feasibility Analysis Agreement ("Agreement"), is entered into as of April 15, 2024, by and between the 22nd District Agricultural Association, a California state institution ("District"), and the City of Del Mar, a California charter city ("City"), based on the information set forth below. District and City are sometimes referred to collectively in this Agreement as the "Parties".
RECITALS
A. Under Food & Agricultural Code Section 3951, the District is a California state institution formed for the purpose of "[h]olding fairs, expositions and exhibitions for the purpose of exhibiting all of the industries and industrial enterprises, resources and products of every kind or nature of the state with a view toward improving, exploiting, encouraging, and stimulating them," as well as "[c]onstructing, maintaining, and operating recreational and cultural facilities of general public interest."
B. The District "may do any and all things necessary to carry out the powers and the objects and purposes" for which the District was formed, and the District acts through its Board of Directors (the "Board"), which comprises nine individuals appointed by the California Governor to serve four-year terms.
C. Under Food & Agricultural Code Section 3965, the Board may, with the approval of the California Department of Food and Agriculture, manage the affairs of the District and make all necessary bylaws, rules and regulations for the government of the District.
D. Under Food & Agricultural Code Section 4051, subdivision (a)(12), the District is authorized to, with the approval of the California Department of General Services, "lease for the use of its real property, or any portion of that property, to any person or public body for whatever purpose as may be approved by the [B]oard. This purpose may include, but not be limited to, the construction and maintenance of housing affordable to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, pursuant to a lease of not more than 55 years." The Parties intend to pursue extension of the maximum lease term pursuant to Section 2.5(b), below.
E. The District currently owns and operates approximately 324 acres of real property known as the San Diego County Fairgrounds, as depicted on the Site Map attached as Exhibit A to this Agreement ("Property").
F. The District is undergoing a master site planning process to plan immediate, nearterm projects as well as conceptual, long-term projects focusing on enhancing and improving San Diego County Fairgrounds facilities in a manner that maintains its distinction as a world-class fair, Attachment A
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2 horse racing, equestrian, and conference/special event site. During the master site planning process, the District will work to identify the portions of the Property which the District would be willing to make available for development of affordable housing as contemplated in this Agreement.
G. In its Sixth Cycle Housing Element Update, the City identified and included a portion of the Property in the Housing Element residential sites inventory as a property to be developed to accommodate housing units affordable to extremely low, very low, and low-income households.
H. As a condition of approval of the City's Housing Element, the State Department of Housing and Community Development required the City to provide documentation that the City has a binding agreement for the property to be developed to accommodate housing units affordable to lower income households. This Agreement is intended to evidence that the City will have site control over the portion of Property identified as the Development Site (as the term is defined in Section 2.2(a) below) as outlined in this Agreement.
I. In furtherance of the purposes of this Agreement, the District has retained or may retain consultant services to conduct site due diligence and determine the feasibility of locating affordable housing on the Property with a goal of identifying prospective affordable housing development sites.
J. The City has been awarded State of California Housing Acceleration Program (HAP) grant funds to explore and pay for site due diligence and feasibility studies related to the development of affordable housing on the Property.
K. The District and City have agreed that the HAP grant funds will be used to reimburse the District’s consultants for all expenditures incurred by the District to advance these housing due diligence and feasibility studies as eligible work for reimbursement.
L. The District and City entered into a Memorandum of Understanding to define the protocols and procedures for the City to reimburse the District for the District’s consultant services related to feasibility studies relating to potential affordable housing on the Property including, but not limited to, Vulnerability Assessment Analysis, California Environmental Quality Act (CEQA) Opportunities and Constraints Analysis, Housing Site Feasibility Analysis, Transportation Due Diligence Analysis, and Water/Sewer Capacity Due Diligence Analysis.
M. Under Government Code Section 52201(a)(1) a city, county, or city and county may acquire property in furtherance of the creation of an economic opportunity.
N. Under Government Code Section 52200.2 "economic opportunity" is defined to include the creation of affordable housing, if a demonstrated affordable housing need exists in the community, as defined in the approved housing element or regional housing needs assessment.
O. The City intends to identify and subsequently lease the Development Site to further economic opportunity in the City of Del Mar through the creation of affordable housing to meet a 6 April 7, 2026 Item 8
3 demonstrated housing need that exists in the community and fulfills housing element goals and objectives.
P. The purpose of this Agreement is to enable the Parties to implement a process to complete site due diligence studies and determine the feasibility of an Affordable Development, as defined in Section 1.1(b) of this Agreement, within a specific site on the District’s Property.
During the Site Due Diligence Period, the Parties will develop the scope for the Affordable Development.
Q. The District and the City agree that this Agreement is consistent with those applicable California laws related to the development of affordable housing and that the Agreement furthers the important public policy of providing additional affordable housing within the State of California and the San Diego region.
R. The City and the District desire to enter into this Agreement after arm's length voluntary discussions in order to identify the Development Site, determine the scope of the components of the Affordable Development, make a preliminary determination on the feasibility of the proposed Affordable Development, and, if desired by both Parties, establish procedures and standards for the negotiation by the City and the District of a mutually acceptable lease agreement (a "Lease Agreement") for consideration by the City Council and the Board, pursuant to which, among other matters, if specified preconditions are satisfied: (1) the District would lease the Development Site to the City; and (2) the City would, or would cause a designee to, develop and operate the Affordable Development on the Development Site in accordance with California law and subject to the express approval of the District, which consent will not be unreasonably delayed, conditioned, or withheld.
S. The Parties acknowledge and agree that this Agreement in itself does not (i) obligate the District to convey or lease any portion of the Property, (ii) obligate the City to acquire or lease any portion of the Property, (iii) grant the City the right to develop the Affordable Development, (iv) obligate the City to undertake any activities or pay any costs to develop the Affordable Development, except for the preliminary analysis and site due diligence studies contemplated by this Agreement, or (v) constitute the approval of a project as defined by the California Environmental Quality Act pursuant to California Public Resources Code Sections 21000 et seq. and California Code of Regulations Sections 15000 et seq. ("CEQA").
NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties mutually agree as follows:
ARTICLE 1.
SITE DUE DILIGENCE AND FEASIBILITY ANALYSIS
Section 1.1 Site Due Diligence.
(a) During the Site Due Diligence Period (defined in Section 1.2 below), the District and the City agree to work cooperatively and in good faith to: (1) make a preliminary 7 April 7, 2026 Item 8
4 feasibility determination, (2) identify options for the Development Site pursuant to the terms set forth in Section 2.2 below; (3) define the scope of the Affordable Development; and (4) if the Affordable Development is determined to be feasible and desirable by both Parties, negotiate diligently and in good faith the terms of a Lease Agreement for the Development Site. During the Site Due Diligence Period, the Parties shall use good faith efforts to accomplish the respective tasks outlined in Article 2 to facilitate the preparation of a mutually satisfactory Lease Agreement. (b) During the Site Due Diligence Period, the Parties will address certain issues, including: (1) identifying the portions of the Property to be evaluated by the City as a potential Development Site pursuant to the terms set forth in Section 2.2 below; (2) defining the scope of the "Affordable Development", which is expected to include at least sixty-one (61) units of affordable housing together with common areas; (3) completing financial feasibility studies and analyzing potential methods of financing for the Affordable Development; (4) considering the terms of the Lease Agreement; (5) analyzing the physical conditions of the Development Site, including an analysis of the existing infrastructure and need for new infrastructure for the Affordable Development; (6) analyzing the level of environmental review needed to comply with CEQA, and to the extent necessary, the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347) ("NEPA"); and (7) defining conceptual planning activities, including preparation of an initial design of the various components of the Affordable Development and a preliminary analysis of land use entitlements needed.
(c) Notwithstanding anything to the contrary contained in this Agreement, the Parties agree and acknowledge that the Lease Agreement, if approved by the Board and City Council, will separate out the Parties' obligations with regards to the Affordable Development and establish the City's rights and obligations to develop and operate the Affordable Development.
Section 1.2 Site Due Diligence Period.
(a) The Site Due Diligence period (the "Due Diligence Period") under this Agreement shall commence as of April 15, 2024 (the "Effective Date") and continue for a period of twenty-four (24) months, unless extended in accordance with this Section 1.2. City may, before the end of the initial Due Diligence Period, submit a written request to the District to extend the Due Diligence Period for up to six (6) months (an "Extension"), which the District's Chief Executive Office ("'CEO") may, at the CEO's sole and absolute discretion, grant or deny. The CEO may grant up to two (2) Extensions. Any additional Extensions shall require formal written approval by the District Board.
(b) If, by the expiration of the Due Diligence Period (as the Due Diligence Period may be extended by operation of the preceding paragraph), a Lease Agreement has not been approved by the Board and City Council, and executed by the District and the City, and is not on an agenda for approval by the District Board or by the City Council, then this Agreement shall terminate and neither party shall have any further rights or obligations under this Agreement. If a Lease Agreement is executed by the District and the City, and approved by the District Board and City Council, this Agreement shall thereupon terminate, and all rights and obligations of the Parties shall be as set forth in the executed Lease Agreement.
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5 Section 1.3 Scope of Due Diligence Activities.
(a) During the Due Diligence Period (as such Due Diligence Period may be extended in accordance with Section 1.2), the District shall not negotiate with any entity other than the City for the development of an affordable housing project on the prospective sites under evaluation for selection as the Development Site under Section 2.2 of this Agreement. For all other portions of the Property, including but not limited to those portions of the Property that are located within the City of San Diego, the District retains the sole authority to determine the feasibility of affordable housing developments and to coordinate with other entities for the development thereof. After the Board and the City select the Development Site, for the remaining portion of the Due Diligence Period, the District shall coordinate only with the City regarding development or use of the Development Site for the Affordable Development. This Section 1.3 shall not limit the District's ability to conduct its master site planning process. (b) During the Due Diligence Period, the City and District shall determine in good faith the scope of the Affordable Development to be developed on the Development Site.
The District will retain any portion of the Development Site not deemed necessary for the Affordable Development.
Section 1.4 Identification of City and District Representatives. (a) City Designated Representative. The City's representative to negotiate the Lease Agreement with the District is the City Manager, or the City Manager's designee. The City shall notify the District in writing of any changes to the designated representative. (b) District Designated Representative. The District's representative to negotiate the Lease Agreement with the City is the Board, or the Board’s designee. The District shall notify the City in writing of any changes to the designated representative.
Section 1.5 Actions by the District and the City.
(a) District Actions. Whenever this Agreement calls for or permits the approval, consent, authorization or waiver of the District, the approval, consent, authorization, or waiver of the Board shall constitute the approval, consent, authorization, or waiver of the District. (b) City Actions. Whenever this Agreement calls for or permits the approval, consent, authorization or waiver of the City, the approval, consent, authorization, or waiver of the City Manager shall constitute the approval, consent, authorization, or waiver of the City without further action of the City Council. The District acknowledges that nothing in this Agreement (including any approval by the City Manager in accordance with this Agreement), or a Lease Agreement (if approved by the City Council) shall limit, waive, or otherwise impair the authority and discretion, as applicable, of: (1) the City's Planning Department, in connection with the review and approval of the proposed construction plans for the Affordable Development, or any use, or proposed use, of the Development Site; (2) the City's issuance of a building permit; or (3) any other office or department of the City acting in its capacity as a governmental entity, regulatory authority and/or police power.
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6 ARTICLE 2.
FEASIBILITY DETERMINATION TASKS
Section 2.1 Overview.
To facilitate development of the Lease Agreement, the Parties shall use reasonable, good faith efforts to accomplish the tasks set forth in this Article 2 in a timeframe that will support preparation and execution of a mutually acceptable Lease Agreement before the expiration of the Due Diligence Period and in a manner consistent with the schedule attached hereto as Exhibit B and incorporated as part of this Agreement by this reference (the "Schedule").
Section 2.2 Development Site Selection Process.
(a) Within the time set forth in the Schedule, the District shall continue the master site planning process for the Property and shall provide the City with the prospective site(s) which the Board agrees it would be willing to make available for the construction of the Affordable Development. Within the time set forth in the Schedule, the City will evaluate the prospective site(s) and the Parties will identify the precise location and parcels for the site to be developed (the "Development Site").
(b) The District shall provide the City an opportunity to conduct the predevelopment activities on the prospective site(s) consistent with the terms of this Agreement.
Section 2.3 Conceptual Preliminary Plan.
Within the time set forth in the Schedule, the City shall prepare a proposed conceptual development program (the "Preliminary Plan") for the selected Development Site that includes: (a) a refinement in the scope of the Affordable Development, including the proposed housing affordability ranges and the nature and duration of expected affordability controls; (b) a proposed development phasing schedule; and (c) a preliminary site plan or similar document. The preliminary site plan may show the general location of the proposed buildings, landscaping, and site improvements; the general massing of any proposed buildings; roadways, parking, and points of ingress and egress; and any other proposed improvements that may be included as part of the Affordable Development.
Section 2.4 Financing and Costs of Development.
Within the time set forth in the Schedule, the City shall provide the District with a feasibility financial analysis for the Affordable Development ("Feasibility Analysis"), including an initial development budget. The Feasibility Analysis shall be refined by the Parties during the Due Diligence Period, as appropriate, and will be used to evaluate the financial feasibility of the Affordable Development to assist in the negotiation of terms of the Lease Agreement regarding the rent amount to be paid by the City for the Development Site. 10 April 7, 2026 Item 8
7 Section 2.5 Potential Lease Terms.
(a) Concurrent with City's site due diligence for the Affordable Development, respectively, the District and the City shall seek to agree upon the amount the City will pay to acquire a leasehold interest in the Development Site, subject to the limitations set forth under California law, including Food & Agricultural Code Section 4051, subdivision (a)(12), and as contemplated under Section 2.5(b), below.
(b) The Parties hereby agree and acknowledge that under Food & Agricultural Code Section 4051, subdivision (a)(12), the District is authorized to, with the approval of the California Department of General Services, "lease for the use of its real property, or any portion of that property, to any person or public body for whatever purpose as may be approved by the [B]oard. This purpose may include, but not be limited to, the construction and maintenance of housing affordable to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, pursuant to a lease of not more than 55 years." The Parties further agree that the Parties intend to pursue legislative authority to extend the lease term to a period greater than 55 years to ensure the financial feasibility of the Affordable Development. By the time set forth in the Schedule, the Parties shall have approved the terms to be presented to obtain the legislative authority to extend the term of the Lease.
Section 2.6 Title Adequacy Determination.
Within the time set forth in the Schedule, the City shall cause Chicago Title Company to issue to the City and the District, a preliminary title report (the "Report") for the prospective site(s) for consideration as the Development Site, or the Property, if a Report solely for the prospective site(s) is not available. If the City objects to any exception appearing on the Report or should any title exception arise after the date of the Report, the City may object to such exception, provided City makes such objection in writing to the District before 5 P.M. on the day which is twelve (12) months following the Effective Date. If the City objects to any exception to title, the District, within forty-five (45) calendar days of receipt of City 's objection, shall notify City in writing whether District elects to: (1) cause the exception to be removed of record; (2) obtain a commitment from the title company for an appropriate endorsement to the policy of title insurance to be issued to the City, insuring against the objectionable exception; or (3) terminate this Agreement, unless the City elects to take title subject to such exception. If any Party elects to terminate this Agreement pursuant to this Section, no Party shall thereafter have any obligations to or rights against the others under this Agreement. If the City fails to provide any notification to the District regarding this matter before expiration of the time period set forth in this Section 2.6, the condition set forth in this Section shall be deemed satisfied.
Section 2.7 Physical Adequacy Determination and Right of Entry. (a) The City shall have twelve (12) months after the selection of the prospective site(s) for consideration as the Development Site (the "Due Diligence Period") to determine whether a prospective Development Site is suitable for the Affordable Development, taking into 11 April 7, 2026 Item 8
8 account the geotechnical and soils conditions, the presence or absence of toxic or other hazardous materials, the massing of the proposed development improvements, infrastructure, the planning requirements imposed on projects of this type, and the other environmental and regulatory factors that the City deems relevant. City may submit a written request to the District to extend the Due Diligence Period by up to six (6) months, and the Board may, in its sole and absolute discretion, grant or deny that request. If, in the City's judgment based on such investigations and analyses, any portion of the Development Site is not suitable for development, the City shall notify the District in writing before the expiration of the initial Due Diligence Period of its determination (an "Unsuitability Notice"). Upon delivery of an Unsuitability Notice by the City, this Agreement shall be terminated without further action of any Party, and thereafter no Party shall have any further duties, obligations, rights, or liabilities under this Agreement. If the City does not deliver an Unsuitability Notice during the initial Due Diligence Period, then the Development Site shall be deemed physically suitable for development of the Affordable Development and any executed Lease Agreement shall not provide for an additional opportunity for the City to determine the physical suitability of the Development Site or for the City to terminate the Lease Agreement as a result of purported physical unsuitability. Any Lease Agreement shall provide that the Development Site is to be conveyed to the City in its "as-is" condition as of the date City is deemed to have waived its rights to send an Unsuitability Notice under this Agreement. (b) To assist the City in making its physical adequacy determination, within the time set forth in the Schedule, the District shall provide to the City the following deliverables, to the extent applicable and available: (1) as-built water and sewer plans for the prospective site(s) or the Property; (2) as-built plans for all improvements located on the prospective site(s) or the Property; (3) environmental site assessment reports, or any soils reports or documents detailing the environmental condition of the prospective site(s) or the Property; (4) any engineering or geological reports for the prospective site(s) or the Property; (5) the transportation demand management plan for the Property, if any; and (6) public reports, plans, or studies resulting from the District's master site planning process.
(c) During the Due Diligence Period, the District grants to the City, its agents and contractors, with proper advance written notice to the District's Designated Representative, the right to enter upon any portion of the prospective site(s) owned by the District, to perform the physical adequacy determination described above. The City shall indemnify, defend (with counsel reasonably acceptable to the District) and hold harmless the State of California, District, the California Fair Services Authority, and their respective agents, directors, and employees (collectively, the "State Indemnitees") from and against all claims, damages, losses, and expenses, of every kind, nature and description (including but not limited to, attorney's fees, expert fees, and costs of suit), directly or indirectly arising from, or in any way, related to, the activities of City or its contractors, subcontractors, agents, employees, licensees, invitees or guests on or concerning the prospective site(s) during the term of this Agreement; by reason of death, injury, property damage or any claim arising from the alleged violation of any state or federal law, statute or regulation. Provided, however, that in no event shall the City be obligated to defend or indemnify the State with respect to the gross negligence or willful misconduct of the State Indemnitees (excluding the City, or any of its employees or agents.) This Section 2.7(c) shall survive termination of this Agreement. City understands and agrees that any such right to enter shall be limited to those portions of the prospective site(s) then owned or operated by the District. 12 April 7, 2026 Item 8
9 Section 2.8 Schedule of Planning Approvals.
The City and District acknowledge that the Affordable Development will require discretionary approval of a Coastal Development Permit from the California Coastal Commission and entitlement actions from the City (the "Planning Approvals"). During the Due Diligence Period, the City will outline the type of Planning Approvals necessary for the Affordable Development.
Within the time set forth in the Schedule, the City shall determine the necessary entitlements for the Affordable Development and shall prepare a proposed schedule for obtaining the necessary Planning Approvals.
Section 2.9 Environmental Review.
During the Due Diligence Period, the City and the District shall agree to a project description for the Affordable Development and the City shall prepare or cause to be prepared preliminary plans to facilitate the environmental review process required by CEQA and NEPA for each component of the Affordable Development, as applicable. The City acknowledges that the environmental review process under CEQA and NEPA for the proposed Development Site may involve preparation and consideration of input from interested organizations and individuals; that approval or disapproval of the Affordable Development following completion of the environmental review process is within the discretion of the City; and that the City makes no representation regarding the ability of the City to approve the Affordable Development at the conclusion of the environmental review process required by CEQA and NEPA, or regarding the imposition of any mitigation measures as conditions of any approval that may be granted. The District shall generally cooperate to complete any required environmental review. Nothing in this Agreement shall be construed to compel the City to approve or make any particular findings with respect to the environmental review documentation. The District will not be responsible for any direct and indirect costs associated with, or related to, the preparation of the required CEQA and NEPA documentation for the Affordable Development. The District will not be responsible for the payment of any City fees or costs associated with processing of the draft and final environmental review documents needed for the respective the Planning Approvals.
Section 2.10 Utilities.
During the Due Diligence Period, the City and District shall consult with the utility companies to determine preliminarily if existing utility facilities require expansion, relocation or undergrounding in connection with the prospective Affordable Development.
Section 2.11 Subdivision.
During the Due Diligence Period, the District and the City shall agree upon and cause the drafting of the metes and bounds description for the Development Site. 13 April 7, 2026 Item 8
10 Section 2.12 Compliance with Relocation Requirements.
After the selection of the Development Site, the District shall provide the City with a list of the existing occupants of the Development Site to be attached to this Agreement as Exhibit C, (the "Existing Occupants") which will be incorporated as part of this Agreement by this reference. The District shall represent that other than as otherwise disclosed to the City in Exhibit C, there will not be any tenants or occupants on the Development Site. To the extent required by any federal or state relocation law (including, but not limited to, California Government Code 7260 et seq), the City, at its sole expense, shall comply with all applicable requirements of such laws, including, but not limited to, delivering any applicable notices to the Existing Occupants of the Development Site, and the preparation of any relocation plan regarding the relocation of any Existing Occupants.
Section 2.13 Reports.
The City shall provide the District with copies of all reports, studies, analyses, correspondence, and similar documents, but excluding confidential or proprietary information, prepared, or commissioned by the City with respect to this Agreement and the Affordable Development, promptly upon receipt of written request from the District. The District shall provide the City with copies of all reports, studies, analyses, and similar documents prepared or commissioned by the District with respect to the Development Site promptly upon receipt of written request from the City. Nothing in this Section obligates the District to undertake any studies or analyses.
ARTICLE 3.
GENERAL PROVISIONS
Section 3.1 Limitation on Effect of Agreement.
This Agreement shall not obligate either the District or the City to enter into a Lease Agreement for the Affordable Development or any component thereof. Execution of this Agreement by the District is an agreement to conduct a period of site due diligence and feasibility determinations in accordance with the terms of this Agreement, reserving for subsequent Board action the final discretion and approval regarding the execution of a Lease Agreement and all proceedings and decisions in connection with that Lease Agreement. Any Lease Agreement resulting from the feasibility determinations made under this Agreement shall become effective only if and after such Lease Agreement has been considered and approved by the Board, following conduct of all legally required procedures, and executed by duly authorized representatives of the District and the City.
Section 3.2 Notices.
Formal notices, demands and communications between the District and the City shall be sufficiently given if, and shall not be deemed given unless, dispatched by certified mail, postage prepaid, return receipt requested, or sent by express delivery or overnight courier service, to the office of the Parties shown as follows, or such other address as the Parties may designate in writing from time to time:
District: 22nd Agricultural District Agricultural Association 14 April 7, 2026 Item 8
11 2260 Jimmy Durante Blvd.
Del Mar, CA 92104
Attn: Carlene Moore, Chief Executive Officer
With a copy to:
Office of the California Attorney General
California Department of Justice
600 West Broadway Street, Suite 1800
San Diego, CA 92101-3702
Attn: Joshua Caplan, Deputy Attorney General
City: City of Del Mar
1050 Camino Del Mar
Del Mar, CA 92104
Attn: Ashley Jones, City Manager
Devaney, Pate, Morris & Cameron, LLP
402 W. Broadway, Suite 1300
San Diego, CA 92101
Attn: Christina Cameron, City Attorney
With copies to:
Goldfarb & Lipman LLP
Attention: Rafael Yaquian
1300 Clay Street, 11th Floor
Oakland, CA 94612
Such written notices, demands and communications shall be effective on the date shown on the delivery receipt as the date delivered or the date on which delivery was refused.
Section 3.3 Waiver of Lis Pendens.
It is expressly understood and agreed by the Parties that no lis pendens shall be filed against any portion of the Development Site with respect to this Agreement or any dispute or act arising from it.
Section 3.4 Costs and Expenses.
Each party shall be responsible for its own costs and expenses in connection with any activities and negotiations undertaken in connection with this Agreement, and the performance of each party's obligations under this Agreement.
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12 Section 3.5 No Commissions.
The District shall not be liable for any real estate commissions or brokerage fees that may arise from this Agreement or any Lease Agreement resulting from this Agreement. The District represents that it has engaged no broker, agent, or finder in connection with this transaction, and the City shall defend and hold the District harmless from any claims by any broker, agent or finder retained by the City.
Section 3.6 Defaults and Remedies.
(a) Default. Failure by either party to act in good faith as provided in this Agreement shall constitute an event of default under this Agreement. Additionally, failure of the Parties to perform their respective obligations under this Agreement shall constitute an event of default under this Agreement. Upon an event of default, the non-defaulting party shall give written notice of a default to the defaulting party, specifying the nature of the default and the required action to cure the default. If a default remains uncured thirty (30) calendar days after receipt by the defaulting party of such notice, the non-defaulting party may exercise the remedies set forth in subsection (b).
(b) Remedies. In the event of an uncured default by either party, the nondefaulting party's sole remedy shall be to terminate this Agreement. Following such termination neither party shall have any further right, remedy, or obligation under this Agreement. (c) Except as expressly provided in this Agreement, neither party shall have any liability to the other party for damages or otherwise for any default, nor shall either party have any other claims with respect to performance under this Agreement. Each party specifically waives and releases any such rights or claims it may otherwise have at law or in equity.
Section 3.7 Attorneys' Fees.
Subject to the indemnification requirements set forth in Sections 2.7 and 3.8, in the event any action, suit, or proceeding is brought relating to the enforcement of, or the declaration on any right or obligation pursuant to the Agreement, or as a result on any alleged breach of any provision of this Agreement, each party shall bear its own costs and attorney fees, regardless of which is the prevailing party.
Section 3.8 Indemnification.
To the fullest extent permitted by law, City shall defend, indemnify, and hold harmless the State Indemnitees (as defined in Section 2.7 above) from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorney's fees, expert fees, and costs of suit), directly or indirectly arising from, or in any way related to the performance or nonperformance of this Agreement, by reason of death, injury, property damage, or any claim arising from the alleged violation of any state or federal law, statute or regulation, (including but not limited to, CEQA and NEPA). Provided, however, that in no event shall City 16 April 7, 2026 Item 8
13 be obligated to defend or indemnify the State Indemnitees with respect to the gross negligence or willful misconduct of the State, its employees, or agents (excluding the City, or any of its employees or agents.)
Section 3.9 Governing Law; Venue.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. San Diego County shall be the proper venue and have jurisdiction for the resolution of all actions arising from this Agreement.
Section 3.10 Entire Agreement.
This Agreement constitutes the entire agreement of the Parties regarding the subject matters of this Agreement.
Section 3.11 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The part and paragraph headings used in this Agreement are for purposes of convenience only and shall not be construed to limit or extend the meaning of this Agreement.
Section 3.12 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement.
Section 3.13 No Right to Assignment.
The City may not assign, subcontract, or transfer all or any part of this Agreement without the express written consent of the District, which consent may be granted or withheld in the District's sole and absolute discretion. Notwithstanding anything to the contrary contained in this Agreement, the restriction on transfer in this section shall not be used to limit the ability of the City to designate a developer to acquire the Property under the Lease Agreement if such City designee has demonstrated experience developing and operating affordable housing developments of a similar size and scope.
Section 3.14 No Third-Party Beneficiaries.
This Agreement is made and entered into solely for the benefit of the District and the City and no other person shall have any right of action under or by reason of this Agreement. 17 April 7, 2026 Item 8
14 Section 3.15 City Not an Agent.
Nothing in this Agreement shall be deemed to appoint City as an agent for or representative of the District, and City is not authorized to act on behalf of the District with respect to any matters except those specifically set forth in this Agreement. The District shall not have any liability or duty to any person, firm, corporation, or governmental body for any act of omission or commission, liability, or obligation of City, whether arising from actions under this Agreement or otherwise.
Section 3.16 Severability.
In the event any section or portion of this Agreement shall be held, found, or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the Parties shall take further actions as may be reasonably necessary and available.
Section 3.17 Time is of the Essence.
Time is of the essence for each of the Parties' obligations under this Agreement. [Signature Page Follows]
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15 IN WITNESS WHEREOF, this Agreement has been executed by the Parties on the date first above written.
DISTRICT: CITY:
BY: _________________________________ BY: ________________________________ Carlene Moore, Chief Executive Officer Ashley Jones, City Manager APPROVED AS TO LEGAL FORM:
BY: _________________________
Rafael Yaquian, Goldfarb &
Lipman LLP
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A-1
EXHIBIT A
FAIRGROUNDS SITE MAP
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B-1
EXHIBIT B
SCHEDULE
Obligation/Duty Date of Completion
Effective Date April 15, 2024.
Commencement of Due Diligence Period April 15, 2024.
City to cause Chicago Title to provide City and
District preliminary title report for Property.
No later than April 30, 2024.
District to commence master site planning process. March 1, 2024 (commenced prior to execution of
this Agreement).
District and City pursue legislative authority to extend lease for up to 99 years.
No later than February 20, 2026.
City and District consult with utility companies
related to capacity/accessibility for prospective
development sites.
No later than May 29, 2026.
District to provide City with prospective development
sites.
No later than March 15, 2026.
City shall cause Chicago Title to provide City and
District updated preliminary title report for
prospective development sites.
No later than March 15, 2026.
City prepares a proposed a conceptual development
program.
No later than September 15, 2026.
City to commence supplemental Feasibility Analysis Within thirty (30) days of the District delivery of the prospective
development sites.
City to conduct physical adequacy determination. No later than twelve (12) months from selection of the prospective sites
for consideration as the Development
Site.
City and District mutually agree upon the final
Development Site.
No later than fourteen (14) months
from selection of the prospective sites
for consideration as the Development
Site.
City and District outline the Planning Approval
timeline.
Within ninety (90) days of the
selection of the Development Site.
City commences CEQA/NEPA review process. Within ninety (90) days of the selection of the Development Site.
City and District cause metes and bounds description
of the Development Site to be drafted.
Within ninety (90) days of the
selection of the Development Site.
Completion of Due Diligence Period April 15, 2027, unless extended pursuant to Section 1.2(a).
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C-1
EXHIBIT C
EXISTING OCCUPANTS
[To be provided after Selection of Development Site.]
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Attachment C
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Attachment D
1 4922-9073-5498, v. 1
SECOND AMENDMENT TO THE EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT
HEREINAFTER REFERRED TO AS AGREEMENT FOR AFFORDABLE HOUSING SITE
DUE DILIGENCE AND
DEVELOPMENT FEASIBILITY ANALYSIS EXCLUSIVE NEGOTIATING RIGHTS
AGREEMENT
(Fairgrounds)
This Second Amendment to the Exclusive Negotiating Rights Agreement hereinafter referred to as the Affordable Housing Site Due Diligence and Development Feasibility Analysis Agreement Exclusive Negotiating Rights Agreement ("Agreement") is entered into as of April 15, 2024, by and between the 22nd District Agricultural Association, a California state institution ("District"), and the City of Del Mar, a California charter city ("City"), based on the information set forth below. District and City are sometimes referred to collectively in this Agreement as the "Parties".
RECITALS
A. Under Food & Agricultural Code Section 3951, the District is a California state institution formed for the purpose of "[h]olding fairs, expositions and exhibitions for the purpose of exhibiting all of the industries and industrial enterprises, resources and products of every kind or nature of the state with a view toward improving, exploiting, encouraging, and stimulating them," as well as "[c]onstructing, maintaining, and operating recreational and cultural facilities of general public interest."
B. The District "may do any and all things necessary to carry out the powers and the objects and purposes" for which the District was formed, and the District acts through its Board of Directors (the "Board"), which comprises nine individuals appointed by the California Governor to serve four-year terms.
C. Under Food & Agricultural Code Section 3965, the Board may, with the approval of the California Department of Food and Agriculture, manage the affairs of the District and make all necessary bylaws, rules and regulations for the government of the District.
D. Under Food & Agricultural Code Section 4051, subdivision (a)(12), the District is authorized to, with the approval of the California Department of General Services, "lease for the use of its real property, or any portion of that property, to any person or public body for whatever purpose as may be approved by the [B]oard. This purpose may include, but not be limited to, the construction and maintenance of housing affordable to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, pursuant to a lease of not more than 55 years." The Parties intend to pursue extension of the maximum lease term pursuant to Section 2.5(b), below.
E. The District currently owns and operates approximately 324 acres of real property known as the San Diego County Fairgrounds, as depicted on the Site Map attached as Exhibit A to this Agreement ("Property").
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Attachment D
2 4922-9073-5498, v. 1
F. The District is undergoing a master site planning process to plan immediate, nearterm projects as well as conceptual, long-term projects focusing on enhancing and improving San Diego County Fairgrounds facilities in a manner that maintains its distinction as a world-class fair, horse racing, equestrian, and conference/special event site. During the master site planning process, the District will work to identify the portions of the Property which the District would be willing to make available for development of affordable housing as contemplated in this Agreement.
G. In its Sixth Cycle Housing Element Update, the City identified and included a portion of the Property in the Housing Element residential sites inventory as a property to be developed to accommodate housing units affordable to extremely low, very low, and low-income households.
H. As a condition of approval of the City's Housing Element, the State Department of Housing and Community Development required the City to provide documentation that the City has a binding agreement for the property to be developed to accommodate housing units affordable to lower income households. This Agreement is intended to evidence that the City will have site control over the portion of Property identified as the Development Site (as the term is defined in Section 2.2(a) below) as outlined in this Agreement.
I. In furtherance of the purposes of this Agreement, the District has retained or may retain consultant services to conduct site due diligence and determine the feasibility of locating affordable housing on the Property with a goal of identifying prospective affordable housing development sites.
J. The City has been awarded State of California Housing Acceleration Program (HAP) grant funds to explore and pay for site due diligence and feasibility studies related to the development of affordable housing on the Property.
K. The District and City have agreed that the HAP grant funds will be used to reimburse the District’s consultants for all expenditures incurred by the District to advance these housing due diligence and feasibility studies as eligible work for reimbursement.
H.L. The District and City entered into a Memorandum of Understanding to define the protocols and procedures for the City to reimburse the District for the District’s consultant services related to feasibility studies relating to potential affordable housing on the Property including, but not limited to, Vulnerability Assessment Analysis, California Environmental Quality Act (CEQA) Opportunities and Constraints Analysis, Housing Site Feasibility Analysis, Transportation Due Diligence Analysis, and Water/Sewer Capacity Due Diligence Analysis.
I.M. Under Government Code Section 52201(a)(1) a city, county, or city and county may acquire property in furtherance of the creation of an economic opportunity.
J.N. Under Government Code Section 52200.2 "economic opportunity" is defined to include the creation of affordable housing, if a demonstrated affordable housing need 45 April 7, 2026 Item 8
Attachment D
3 4922-9073-5498, v. 1
exists in the community, as defined in the approved housing element or regional housing needs assessment.
K.O. The City intends to identify and subsequently lease the Development Site to further economic opportunity in the City of Del Mar through the creation of affordable housing to meet a demonstrated housing need that exists in the community and fulfills housing element goals and objectives.
P. The purpose of this Agreement is to enable the Parties to implement a process to complete site due diligence studies and determine the feasibility of an identify a site for developing the Affordable Development, as defined in Section 1.1(b) of this Agreement, within a specific site on the District’s Property. During the Negotiating Feasibility StudySite Due Diligence Period, the Parties will develop the scope for the Affordable Development.
L.Q. The District and the City agree that this Agreement is consistent with those applicable California laws related to the development of affordable housing and that the Agreement furthers the important public policy of providing additional affordable housing within the State of California and the San Diego region.
M.R. The City and the District desire to enter into this Agreement after arm's length voluntary contract negotiationsdiscussions in order to identify the Development Site, determine the scope of the components of the Affordable Development, make a preliminary determination on the feasibility of the proposed Affordable Development, and, if desired by both Parties, establish procedures and standards for the negotiation by the City and the District of a mutually acceptable lease agreement (a "Lease Agreement") for consideration by the City Council and the Board, pursuant to which, among other matters, if specified preconditions are satisfied: (1) the District would lease the Development Site to the City; and (2) the City would, or would cause a designee to, develop and operate the Affordable Development on the Development Site in accordance with California law and subject to the express approval of the District, which consent will not be unreasonably delayed, conditioned, or withheld.
N.S. The Parties acknowledge and agree that this Agreement in itself does not (i) obligate the District to any party to acquire or convey or lease any portion of the Property, (iii) obligate the City to acquire or lease any portion of the Property, (iii) grant the City the right to develop the Affordable Development, (iiiv) obligate the City to undertake any activities or pay any costs to develop the Affordable Development, except for the preliminary analysis and feasibilitysite due diligence studies negotiations contemplated by this Agreement, or (iv) constitute the approval of a project as defined by the California Environmental Quality Act pursuant to California Public Resources Code Sections 21000 et seq. and California Code of Regulations Sections 15000 et seq. ("CEQA").
NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties mutually agree as follows:
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Attachment D
4 4922-9073-5498, v. 1
ARTICLE 1.
EXCLUSIVE NEGOTIATIONS RIGHTSITE DUE DILIGENCE
AND FEASIBILITY ANALYSISDETERMINATION
Section 1.1 Good Faith NegotiationsSite Due DiligenceFeasibility Determination. (a) During the Negotiating Site Due Diligence Feasibility Study Period (defined in Section 1.2 below), the District and the City agree to work cooperatively and in good faith to: (1) make a preliminary feasibility determination, (2) identify options for the Development Site pursuant to the terms set forth in Section 2.2 below; (3) define the scope of the Affordable Development; and (4) if the Affordable Development is determined to be feasible and desirable by both Parties, negotiate diligently and in good faith the terms of a Lease Agreement for the Development Site. During the Negotiating Feasibility StudySite Due Diligence Period, the Parties shall use good faith efforts to accomplish the respective tasks outlined in Article 2 to facilitate the negotiation preparation of a mutually satisfactory Lease Agreement. (b) During the Negotiating Feasibility StudySite Due Diligence Period, the Parties will address certain issues, including: (1) identifying the portions of the Property to be evaluated by the City as a potential Development Site pursuant to the terms set forth in Section 2.2 below; (2) defining the scope of the "Affordable Development", which is expected to include at least sixty-one (61) units of affordable housing together with common areas; (3) completing financial feasibility studies and analyzing potential methods of financing for the Affordable Development; (4) considering the terms of the Lease Agreement; (5) analyzing the physical conditions of the Development Site, including an analysis of the existing infrastructure and need for new infrastructure for the Affordable Development; (6) analyzing the level of environmental review needed to comply with CEQA, and to the extent necessary, the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347) ("NEPA"); and (7) defining conceptual planning activities, including preparation of an initial design of the various components of the Affordable Development and a preliminary analysis of land use entitlements needed. (c) Notwithstanding anything to the contrary contained in this Agreement, the Parties agree and acknowledge that the Lease Agreement, if approved by the Board and City Council, will separate out the Parties' obligations with regards to the Affordable Development and establish the City's rights and obligations to develop and operate the Affordable Development.
Section 1.2 Negotiating Feasibility StudySite Due Diligence Period. (a) The negotiating Site Due Diligence feasibility study period (the "Negotiating Feasibility StudyDue Diligence Period") under this Agreement shall commence as of April 15, 2024 (the "Effective Date") and continue for a period of twenty-four (24) months, unless extended in accordance with this Section 1.2. City may, before the end of the initial Negotiating Feasibility StudyDue Diligence Period, submit a written request to the District to extend the Negotiating Feasibility StudyDue Diligence Period for up to six (6) months (an "Extension"), which the District's Chief Executive Office ("'CEO") may, at the CEO's sole and absolute discretion, grant or deny. The CEO may grant up to two (2) Extensions. Any additional Extensions shall require formal written approval by the District Board. 47 April 7, 2026 Item 8
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(b) If, by the expiration of the Negotiating Feasibility StudyDue Diligence Period (as the Negotiating Feasibility StudyDue Diligence Period may be extended by operation of the preceding paragraph), a Lease Agreement has not been approved by the Board and City Council, and executed by the District and the City, and is not on an agenda for approval by the District Board or by the City Council, then this Agreement shall terminate and neither party shall have any further rights or obligations under this Agreement. If a Lease Agreement is executed by the District and the City, and approved by the District Board and City Council, this Agreement shall thereupon terminate, and all rights and obligations of the Parties shall be as set forth in the executed Lease Agreement.
Section 1.3 Exclusive Scope of Feasibility StudiesDue Diligence ActivitiesNegotiations.
(a) During the Negotiating Feasibility StudyDue Diligence Period (as such Negotiating Feasibility StudyDue Diligence Period may be extended in accordance with Section
1.2), the District shall not negotiate with any entity other than the City for the development of an affordable housing project or use of the prospective sites for an affordable housing project, other than the City (or an affiliate thereof), regarding development or use of the on the prospective sites under evaluation to be evaluated for selection as the Development Site under Section 2.2 of this Agreement. For all other portions of the Property, including but not limited to those portions of the Property that are located within the City of San Diego, the District retains the sole authority to determine the feasibility of affordable housing developments and to coordinate with other entities for the development thereof. This Section 1.3 shall not affect any other portion of the Property not identified under Section 2.2 of this Agreement as a prospective Development Site. After the District Board and the City select the Development Site, for the remaining portion of the Negotiating Feasibility Study Due Diligence Period, the District shall negotiate coordinate only with the City regarding development or use of the Development Site for the Affordable Development and shall not solicit or entertain bids or proposals to do so. This Section 1.3 shall not limit the District's ability to conduct its master site planning process. (b) During the Negotiating Feasibility Study Due Diligence Period, the City and District shall negotiate determine in good faith the scope of the Affordable Development to be developed on the Development Site. The District will retain any portion of the Development Site not deemed necessary for the Affordable Development.
Section 1.4 Identification of City and District Representatives. (a) City Designated Representative. The City's representative to negotiate the Lease Agreement with the District is the City Manager, or the City Manager's designee. The City shall notify the District in writing of any changes to the designated representative. (b) District Designated Representative. The District's representative to negotiate the Lease Agreement with the City is the BoardCEO, or the Board’s CEO's designee. 48 April 7, 2026 Item 8
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The District shall notify the City in writing of any changes to the designated representative.
Section 1.5 Actions by the District and the City.
(a) District Actions. Whenever this Agreement calls for or permits the approval, consent, authorization or waiver of the District, the approval, consent, authorization, or waiver of the CEO Board shall constitute the approval, consent, authorization, or waiver of the District. without further action of the Board. By approving this Agreement, the Board has elected to delegate to the CEO the authority to approve, consent, authorize or waive and of the rights or obligations set forth in this Agreement. The City acknowledges that nothing in this Agreement shall prevent the Board from revoking or modifying any authority delegated to the CEO under this Agreement; any such revocation or modification shall not impact the validity of this Agreement. (b) City Actions. Whenever this Agreement calls for or permits the approval, consent, authorization or waiver of the City, the approval, consent, authorization, or waiver of the City Manager shall constitute the approval, consent, authorization, or waiver of the City without further action of the City Council. The District acknowledges that nothing in this Agreement (including any approval by the City Manager in accordance with this Agreement), or a Lease Agreement (if approved by the City Council) shall limit, waive, or otherwise impair the authority and discretion, as applicable, of: (1) the City's Planning Department, in connection with the review and approval of the proposed construction plans for the Affordable Development, or any use, or proposed use, of the Development Site; (2) the City's issuance of a building permit; or (3) any other office or department of the City acting in its capacity as a governmental entity, regulatory authority and/or police power.
ARTICLE 2.
NEGOTIATION FEASIBILITY DETERMINATION TASKS
Section 2.1 Overview.
To facilitate negotiation development of the Lease Agreement, the Parties shall use reasonable, good faith efforts to accomplish the tasks set forth in this Article 2 in a timeframe that will support negotiation preparation and execution of a mutually acceptable Lease Agreement before the expiration of the Negotiating Feasibility Study Due Diligence Period and in a manner consistent with the schedule attached hereto as Exhibit B and incorporated as part of this Agreement by this reference (the "Schedule").
Section 2.2 Development Site Selection Process.
(a) Within the time set forth in the Schedule, the District shall continue the master site planning process for the Property and shall provide the City with the prospective site(s) which the District Board agrees it would be willing to make available for the construction of the Affordable Development. Within the time set forth in the Schedule, the City will evaluate the prospective site(s) and the Parties will identify the precise location and parcels for the site to be developed (the "Development Site").
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(b) The District shall provide the City an opportunity to conduct the predevelopment activities on the prospective site(s) consistent with the terms of this Agreement.
Section 2.3 Conceptual Preliminary Plan.
Within the time set forth in the Schedule, the City shall prepare a proposed conceptual development program (the "Preliminary Plan") for the selected Development Site that includes: (a) a refinement in the scope of the Affordable Development, including the proposed housing affordability ranges and the nature and duration of expected affordability controls; (b) a proposed development phasing schedule; and (c) a preliminary site plan or similar document. The preliminary site plan may show the general location of the proposed buildings, landscaping, and site improvements; the general massing of any proposed buildings; roadways, parking, and points of ingress and egress; and any other proposed improvements that may be included as part of the Affordable Development.
Section 2.4 Financing and Costs of Development.
Within the time set forth in the Schedule, the City shall provide the District with a feasibility financial analysis for the Affordable Development ("Feasibility Analysis"), including an initial development budget. The Feasibility Analysis shall be refined by the Parties during the Negotiating PeriodFeasibility Study Due Diligence Period, as appropriate, and will be used to evaluate the financial feasibility of the Affordable Development to assist in the negotiation of terms of the Lease Agreement regarding the rent amount to be paid by the City for the Development Site.
Section 2.5 Potential Lease Terms.
(a) Concurrent with City's development of thesite due diligence Feasibility Analysis for the Affordable Development, respectively, the District and the City shall seek to agree upon the amount the City will pay to acquire a leasehold interest in the Development Site, subject to the limitations set forth under California law, including Food & Agricultural Code Section 4051, subdivision (a)(12), and as contemplated under Section 2.5(b), below. (b) The Parties hereby agree and acknowledge that under Food & Agricultural Code Section 4051, subdivision (a)(12), the District is authorized to, with the approval of the California Department of General Services, "lease for the use of its real property, or any portion of that property, to any person or public body for whatever purpose as may be approved by the [B]oard. This purpose may include, but not be limited to, the construction and maintenance of housing affordable to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, pursuant to a lease of not more than 55 years." The Parties further agree that the Parties intend to pursue legislative authority to extend the lease term to a period greater than 55 years to ensure the financial feasibility of the Affordable Development. By the time set forth in the Schedule, the Parties shall have approved the terms to be presented to obtain the legislative authority to extend the term of the Lease.
Section 2.6 Title Adequacy Determination.
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Within the time set forth in the Schedule, the City shall cause Chicago Title Company to issue to the City and the District, a preliminary title report (the "Report") for the prospective site(s) for consideration as the Development Site, or the Property, if a Report solely for the prospective site(s) is not available. If the City objects to any exception appearing on the Report or should any title exception arise after the date of the Report, the City may object to such exception, provided City makes such objection in writing to the District before 5 P.M. on the day which is twelve (12) months following the Effective Date. If the City objects to any exception to title, the District, within forty-five (45) calendar days of receipt of City 's objection, shall notify City in writing whether District elects to: (1) cause the exception to be removed of record; (2) obtain a commitment from the title company for an appropriate endorsement to the policy of title insurance to be issued to the City, insuring against the objectionable exception; or (3) terminate this Agreement, unless the City elects to take title subject to such exception. If any Party elects to terminate this Agreement pursuant to this Section, no Party shall thereafter have any obligations to or rights against the others hereunderunder this Agreement. If the City fails to provide any notification to the District regarding this matter before expiration of the time period set forth in this Section 2.6, the condition set forth in this Section shall be deemed satisfied.
Section 2.7 Physical Adequacy Determination and Right of Entry. (a) The City shall have twelve (12) months after the selection of the prospective site(s) for consideration as the Development Site (the "Due Diligence Period") to determine whether a prospective Development Site is suitable for the Affordable Development, taking into account the geotechnical and soils conditions, the presence or absence of toxic or other hazardous materials, the massing of the proposed development improvements, infrastructure, the planning requirements imposed on projects of this type, and the other environmental and regulatory factors that the City deems relevant. City may submit a written request to the District to extend the Due Diligence Period by up to six (6) months, and the CEO Board may, in the CEO'sits sole and absolute discretion, grant or deny that request. If, in the City's judgment based on such investigations and analyses, any portion of the Development Site is not suitable for development, the City shall notify the District in writing before the expiration of the initial Negotiating PeriodFeasibility Study Due Diligence Period of its determination (an "Unsuitability Notice").
Upon delivery of an Unsuitability Notice by the City, this Agreement shall be terminated without further action of any Party, and thereafter no Party shall have any further duties, obligations, rights, or liabilities under this Agreement. If the City does not deliver an Unsuitability Notice during the initial Negotiating PeriodFeasibility Study Due Diligence Period, then the Development Site shall be deemed physically suitable for development of the Affordable Development and any executed Lease Agreement shall not provide for an additional opportunity for the City to determine the physical suitability of the Development Site or for the City to terminate the Lease Agreement as a result of purported physical unsuitability. Any Lease Agreement shall provide that the Development Site is to be conveyed to the City in its "as-is" condition as of the date City is deemed to have waived its rights to send an Unsuitability Notice under this Agreement. (b) To assist the City in making its physical adequacy determination, within the time set forth in the Schedule, the District shall provide to the City the following deliverables, to the extent applicable and available: (1) as-built water and sewer plans for the prospective site(s) or the Property; (2) as-built plans for all improvements located on the prospective site(s) or the 51 April 7, 2026 Item 8
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Property; (3) environmental site assessment reports, or any soils reports or documents detailing the environmental condition of the prospective site(s) or the Property; (4) any engineering or geological reports for the prospective site(s) or the Property; (5) the transportation demand management plan for the Property, if any; and (6) public reports, plans, or studies resulting from the District's master site planning process.
(c) During the Negotiating Feasibility Study Due Diligence Period, the District grants to the City, its agents and contractors, with proper advance written notice to the District's Designated Representative, the right to enter upon any portion of the prospective site(s) owned by the District, to perform the physical adequacy determination described above. The City shall indemnify, defend (with counsel reasonably acceptable to the District) and hold harmless the State of California, District, the California Fair Services Authority, and their respective agents, directors, and employees (collectively, the "State Indemnitees") from and against all claims, damages, losses, and expenses, of every kind, nature and description (including but not limited to, attorney's fees, expert fees, and costs of suit), directly or indirectly arising from, or in any way, related to, the activities of City or its contractors, subcontractors, agents, employees, licensees, invitees or guests on or concerning the prospective site(s) during the term of this Agreement; by reason of death, injury, property damage or any claim arising from the alleged violation of any state or federal law, statute or regulation. Provided, however, that in no event shall the City be obligated to defend or indemnify the State with respect to the gross negligence or willful misconduct of the State Indemnitees (excluding the City, or any of its employees or agents.) This Section 2.7(c) shall survive termination of this Agreement. City understands and agrees that any such right to enter shall be limited to those portions of the prospective site(s) then owned or operated by the District.
Section 2.8 Schedule of Planning Approvals.
The City and District acknowledge that the Affordable Development will require discretionary approval of a Coastal Development Permit from the California Coastal Commission and entitlement actions from the City (the "Planning Approvals"). During the Due Diligence Period, the City will outline the type of Planning Approvals necessary for the Affordable Development.
Within the time set forth in the Schedule, the City shall determine the necessary entitlements for the Affordable Development and shall prepare a proposed schedule for obtaining the necessary Planning Approvals.
Section 2.9 Environmental Review.
During the Negotiating PeriodFeasibility Study Due Diligence Period, the City and the District shall agree to a project description for the Affordable Development and the City shall prepare or cause to be prepared preliminary plans to facilitate the environmental review process required by CEQA and NEPA for each component of the Affordable Development, as applicable. The City acknowledges that the environmental review process under CEQA and NEPA for the proposed Development Site may involve preparation and consideration of input from interested organizations and individuals; that approval or disapproval of the Affordable Development following completion of the environmental review process is within the discretion of the City; and that the City makes no representation regarding the ability of the City to approve the Affordable 52 April 7, 2026 Item 8
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Development at the conclusion of the environmental review process required by CEQA and NEPA, or regarding the imposition of any mitigation measures as conditions of any approval that may be granted. The District shall generally cooperate to complete any required environmental review. Nothing in this Agreement shall be construed to compel the City to approve or make any particular findings with respect to the environmental review documentation. The District will not be responsible for any direct and indirect costs associated with, or related to, the preparation of the required CEQA and NEPA documentation for the Affordable Development. The District will not be responsible for the payment of any City fees or costs associated with processing of the draft and final environmental review documents needed for the respective the Planning Approvals.
Section 2.10 Utilities.
During the Negotiating PeriodFeasibility Study Due Diligence Period, the City and District shall consult with the utility companies to determine preliminarily if existing utility facilities require expansion, relocation or undergrounding in connection with the prospective Affordable Development.
Section 2.11 Subdivision.
During the Negotiating PeriodFeasibility Study Due Diligence Period, the District and the City shall agree upon and cause the drafting of the metes and bounds description for the Development Site.
Section 2.12 Compliance with Relocation Requirements.
After the selection of the Development Site, the District shall provide the City with a list of the existing occupants of the Development Site to be attached to this Agreement as Exhibit C, (the "Existing Occupants") which will be incorporated as part of this Agreement by this reference. The District shall represent that other than as otherwise disclosed to the City in Exhibit C, there will not be any tenants or occupants on the Development Site. To the extent required by any federal or state relocation law (including, but not limited to, California Government Code 7260 et seq), the City, at its sole expense, shall comply with all applicable requirements of such laws, including, but not limited to, delivering any applicable notices to the Existing Occupants of the Development Site, and the preparation of any relocation plan regarding the relocation of any Existing Occupants.
Section 2.13 Reports.
The City shall provide the District with copies of all reports, studies, analyses, correspondence, and similar documents, but excluding confidential or proprietary information, prepared, or commissioned by the City with respect to this Agreement and the Affordable Development, promptly upon receipt of written request from the District. The District shall provide the City with copies of all reports, studies, analyses, and similar documents prepared or commissioned by the District with respect to the Development Site promptly upon receipt of written request from the City. Nothing in this Section obligates the District to undertake any studies or analyses. 53 April 7, 2026 Item 8
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ARTICLE 3.
GENERAL PROVISIONS
Section 3.1 Limitation on Effect of Agreement.
This Agreement shall not obligate either the District or the City to enter into a Lease Agreement for the Affordable Development or any component thereof. Execution of this Agreement by the District is an agreement to conduct a period of site due diligence and feasibility determinations exclusive negotiations in accordance with the terms of this Agreementhereof, reserving for subsequent Board action the final discretion and approval regarding the execution of a Lease Agreement and all proceedings and decisions in connection with that Lease Agreementtherewith.
Any Lease Agreement resulting from the feasibility determinations made under negotiations pursuant to this Agreement shall become effective only if and after such Lease Agreement has been considered and approved by the Board, following conduct of all legally required procedures, and executed by duly authorized representatives of the District and the City.
Section 3.2 Notices.
Formal notices, demands and communications between the District and the City shall be sufficiently given if, and shall not be deemed given unless, dispatched by certified mail, postage prepaid, return receipt requested, or sent by express delivery or overnight courier service, to the office of the Parties shown as follows, or such other address as the Parties may designate in writing from time to time:
District: 22nd Agricultural District Agricultural Association 2260 Jimmy Durante Blvd.
Del Mar, CA 92104
Attn: Carlene Moore, Chief Executive Officer
With a copy to:
Office of the California Attorney General
California Department of Justice
600 West Broadway Street, Suite 1800
San Diego, CA 92101-3702
Attn: Joshua Caplan, Deputy Attorney General
City: City of Del Mar
1050 Camino Del Mar
Del Mar, CA 92104
Attn: Ashley Jones, City Manager
Devaney, Pate, Morris & Cameron, LLP
402 W. Broadway, Suite 1300
San Diego, CA 92101
Attn: Christina CameronLeslie E. Devaney, City Attorney 54 April 7, 2026 Item 8
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With copies to:
Goldfarb & Lipman LLP
Attention: Rafael Yaquian
1300 Clay Street, 11th Floor
Oakland, CA 94612
Such written notices, demands and communications shall be effective on the date shown on the delivery receipt as the date delivered or the date on which delivery was refused.
Section 3.3 Waiver of Lis Pendens.
It is expressly understood and agreed by the Parties that no lis pendens shall be filed against any portion of the Development Site with respect to this Agreement or any dispute or act arising from it.
Section 3.4 Costs and Expenses.
Each party shall be responsible for its own costs and expenses in connection with any activities and negotiations undertaken in connection with this Agreement, and the performance of each party's obligations under this Agreement.
Section 3.5 No Commissions.
The District shall not be liable for any real estate commissions or brokerage fees that may arise from this Agreement or any Lease Agreement resulting from this Agreement. The District represents that it has engaged no broker, agent, or finder in connection with this transaction, and the City shall defend and hold the District harmless from any claims by any broker, agent or finder retained by the City.
Section 3.6 Defaults and Remedies.
(a) Default. Failure by either party to negotiate act in good faith as provided in this Agreement shall constitute an event of default under this Agreement. Additionally, failure of the Parties to perform their respective obligations under this Agreement shall constitute an event of default under this Agreement. Upon an event of default, the non-defaulting party shall give written notice of a default to the defaulting party, specifying the nature of the default and the required action to cure the default. If a default remains uncured thirty (30) calendar days after receipt by the defaulting party of such notice, the non-defaulting party may exercise the remedies set forth in subsection (b).
(b) Remedies. In the event of an uncured default by either party, the nondefaulting party's sole remedy shall be to terminate this Agreement. Following such termination neither party shall have any further right, remedy, or obligation under this Agreement. 55 April 7, 2026 Item 8
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(c) Except as expressly provided in this Agreement, neither party shall have any liability to the other party for damages or otherwise for any default, nor shall either party have any other claims with respect to performance under this Agreement. Each party specifically waives and releases any such rights or claims it may otherwise have at law or in equity.
Section 3.7 Attorneys' Fees.
Subject to the indemnification requirements set forth in Sections 2.7 and 3.8, in the event any action, suit, or proceeding is brought relating to the enforcement of, or the declaration on any right or obligation pursuant to the Agreement, or as a result on any alleged breach of any provision of this Agreement, each party shall bear its own costs and attorney fees, regardless of which is the prevailing party.
Section 3.8 Indemnification.
To the fullest extent permitted by law, City shall defend, indemnify, and hold harmless the State Indemnitees (as defined in Section 2.7 above) from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorney's fees, expert fees, and costs of suit), directly or indirectly arising from, or in any way related to the performance or nonperformance of this Agreement, by reason of death, injury, property damage, or any claim arising from the alleged violation of any state or federal law, statute or regulation, (including but not limited to, CEQA and NEPA). Provided, however, that in no event shall City be obligated to defend or indemnify the State Indemnitees with respect to the gross negligence or willful misconduct of the State, its employees, or agents (excluding the City, or any of its employees or agents.)
Section 3.9 Governing Law; Venue.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. San Diego County shall be the proper venue and have jurisdiction for the resolution of all actions arising from this Agreement.
Section 3.10 Entire Agreement.
This Agreement constitutes the entire agreement of the Parties regarding the subject matters of this Agreement.
Section 3.11 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this 56 April 7, 2026 Item 8
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Agreement or any other rule of construction which might otherwise apply. The part and paragraph headings used in this Agreement are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement.
Section 3.12 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement.
Section 3.13 No Right to Assignment.
The City may not assign, subcontract, or transfer all or any part of this Agreement without the express written consent of the District, which consent may be granted or withheld in the District's sole and absolute discretion. Notwithstanding anything to the contrary contained in this Agreement, the restriction on transfer in this section shall not be used to limit the ability of the City to designate a developer to acquire the Property under the Lease Agreement if such City designee has demonstrated experience developing and operating affordable housing developments of a similar size and scope.
Section 3.14 No Third-Party Beneficiaries.
This Agreement is made and entered into solely for the benefit of the District and the City and no other person shall have any right of action under or by reason of this Agreement.
Section 3.15 City Not an Agent.
Nothing in this Agreement shall be deemed to appoint City as an agent for or representative of the District, and City is not authorized to act on behalf of the District with respect to any matters except those specifically set forth in this Agreement. The District shall not have any liability or duty to any person, firm, corporation, or governmental body for any act of omission or commission, liability, or obligation of City, whether arising from actions under this Agreement or otherwise.
Section 3.16 Severability.
In the event any section or portion of this Agreement shall be held, found, or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the Parties shall take further actions as may be reasonably necessary and available.
Section 3.17 Time is of the Essence.
Time is of the essence for each of the Parties' obligations under this Agreement. [Signature Page Follows]
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IN WITNESS WHEREOF, this Agreement has been executed by the Parties on the date first above written.
DISTRICT: CITY:
BY: _________________________________ BY: ________________________________ Carlene Moore, Chief Executive Officer Ashley Jones, City Manager APPROVED AS TO LEGAL FORM:
BY: _________________________
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Rafael Yaquian, Goldfarb &
Lipman LLP
59 April 7, 2026 Item 8
Initiated Fairgrounds Housing Legislation
Blakespear (2024) SB 547
Pending
Close of Land
Transaction
Pending City
Entitlements
Utilize Site
Studies
Pending Site
Selection
Pending
Conceptual
Program
Pending Site
Assessment
Bill Did Not
Advance
Del Mar HE Program 3A Implementation
June 2022 -
April 2023
March
2024
September
2024
District:
May 2025 - March 2026
City:
Jan 2024 - August 2026
By November
2026
By October
2026
By September
2026
By November
2026
By September
2027
By August
2028
By June
2031
Complete
Complete
Deliverable Due Task Status
Completed Site Feasibility Studies
(2 Sites)
Executed ENRA (City & District)
April 2024 to 2026 with 1 year extension option to 2027 ENRA expires April 15, 2027
Construction
Coastal Commission Approval of CDP
CEQA/NEPA & City Entitlements
Ground Lease Agreement
& Developer Solicitation
Mutual Agreement on Final Site, Approval
Timeline, and Site Metes and Bounds
City to Prepare Conceptual Development
Program & Physical Adequacy Determination
Legislation to Allow Lease for Housing on
Fairgrounds Up to 99 Years
Lackey (2026) AB 2264 - pending
Additional Pre-Development
Due Diligence Studies
(3 Sites in Del Mar + 2 Sites in San Diego)
In Process
District Studies
Complete
60 April 7, 2026 Item 8
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Nestor Machado, Associate Management Analyst
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: April 7, 2026
SUBJECT: Encroachment Permit (EP) 26-017 to Permit an Existing Wall and Other Improvements within the Public Right-of-Way at 1215 Cuchara Drive Applicant: Anne Marie Schur and Eduardo Schur
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council adopt the attached Resolution (Attachment A) conditionally approving Long-term Major EP26-017 to permit an existing wall, fence, and vegetation on the east side of the property at 1215 Cuchara Drive.
BACKGROUND:
On February 10, 2026, the Applicant filed a Long-term Major Encroachment Permit application to permit an existing retaining wall, wooden fence that sits on top of the retaining wall, and a 6-inch-tall rock wall that slightly encroaches into the vegetated public right-of-way (ROW) space on the east side of the property located at 1215 Cuchara Drive.
During the Applicant’s recent development process, it was discovered that the improvements are encroaching approximately one to two feet into the ROW abutting Rimini Road. The property line along Rimini Rd. is not perfectly linear and is slightly curved meaning a portion of this wall and wooden fence are within public right-of-way as depicted in the site plan (Attachment B). The property is on the northwest corner at the intersection of Cuchara Drive and Rimini Road. Due to the topography in the area, Rimini Rd. is at a higher elevation than the property by approximately five feet. A vicinity map of the property is included as Attachment C.
As there is a gradual downhill slope from Rimini Rd. transitioning westbound to Cuchara Dr., the combined retaining wall and fence heights vary from five and a half feet to six feet. The northernmost section of the wall within the ROW is approximately five and a half feet tall whereas the southernmost section of the wall with the fence within the ROW has 1 April 7, 2026 Item 9
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EP26-017 (1215 Cuchara Dr)
April 7, 2026
an approximate combined height of six feet. Photographs depicting the wall and fence are included as Attachment D.
Utilizing Google Street View history, these encroachments are visible dating back to February 2009 and were not installed by the current property owner (Applicant). The east side of the property abuts Rimini Rd., and this section of ROW appears to have had dense, overgrown vegetation dating back to February 2009 per Google Street View. It is undetermined when these encroachments were installed as there are no City records for this property that address the history of the encroachments.
As part of the EP application, the Applicant is also requesting to permit and trim the vegetation in the ROW along the Rimini Rd. side of the property due to sight line concerns.
This ensures visibility at the intersection. In addition, the following ROW work is also requested:
Asphalt repair along the southwest corner of the driveway per their drainage plan Trenching on Cuchara Dr. in the southwest corner of the property for electrical conduit
Reservation of two (2) contractor parking spaces along Cuchara Dr. frontage for the ongoing remodel of the property
While the retaining wall and fence are considered Long-term Major improvements, the other proposed ROW work is Short-term Minor since they are temporarily impacting the right-of-way. However, everything to be permitted has been consolidated in the Longterm Major application for processing efficiency.
ANALYSIS/DISCUSSION:
Under Del Mar Municipal Code (DMMC) §23.28.020, a Long-term Major Encroachment Permit is defined as any improvement designed to or having a permanent appearance and intended for use for a period of 365 days or more and includes, but is not limited to, structures or portions thereof, balconies, cornices and other architectural projections, awnings, below grade vaults, earth-retaining structures extending 12-inches or more in height above the adjacent grade, planter boxes, ramps, fences or walls, and curbs extending 12-inches or more in height above the adjacent grade.
Required Findings
Pursuant to DMMC § 23.28.070, there are six (6) required findings for approval of a Longterm Major Encroachment Permit that generally relate to public safety, intended use of the right-of-way, community character, aesthetics, and conversion of public land for private use. An EP shall only be approved if the City Council can make all six findings:
Finding 1: That the issuance of the EP will not endanger public health, safety or welfare, or the surrounding property.
2 April 7, 2026 Item 9
City Council Agenda Report
EP26-017 (1215 Cuchara Dr)
April 7, 2026
Here, retaining the wooden fence, retaining wall, and 6-inch-tall rock wall on the east side of the property would not endanger the public’s health, safety, or welfare, nor would it endanger the surrounding property. The encroachments have been in this location for many years with no record of incident or any reported adverse impacts. Rimini Rd. sits at a higher elevation than the property itself, and the vegetation serves as a natural barrier between the pavement and bottom of the slope. The retaining wall also serves as an additional safety barrier since there is an approximate slope difference of about five feet from the edge of pavement and the property’s side yard.
Finding 2: That the issuance of the EP will not unreasonably interfere with the intended use of a City Right-of-Way or Easement.
The existing encroachments that would be authorized under the EP will not unreasonably interfere with the use of the ROW because the area is comprised of dense vegetation.
Rimini Rd. is approximately 20 feet wide, and the vegetated ROW area is not traversable by foot due to the slope differential. The encroachments are approximately 25 feet from the edge of pavement. If the City identifies a future need to improve the right-of-way, the EP is conditioned to be revocable, and the property owner is obligated to remove the private improvements/encroachment.
Finding 3: That the issuance of the EP will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics.
Here, the existing encroachments have been in the City’s ROW for many years without any adverse impacts to the function of the right-of-way or known complaints from the public and are therefore consistent with the appearance of other properties in the area.
Finding 4: That the issuance of the EP will not cause an unnecessary change in the character of the community.
The existing encroachments are consistent with other retaining walls and fences in the community due to the property being located in the Hills neighborhood. With many properties having elevation differences between the paved roadway and the improved residential pad and yards, retaining walls are typically required to avoid having soil eroding onto private property or into the right-of-way. The retaining wall also acts as a safety barrier due to the ROW along Rimini Rd. sitting at a higher grade than the property.
Finding 5: That the issuance of the EP will not be to the detriment of the interests of the general public.
These encroachments do not interfere with existing public use of the surrounding rightof-way. The retaining wall and fence have limited visibility from public view due to being 3 April 7, 2026 Item 9
City Council Agenda Report
EP26-017 (1215 Cuchara Dr)
April 7, 2026
located at the toe of the slope and the dense vegetation at the top of the slope. This area is not traversable by foot and therefore not a path of travel for pedestrians or bicycles.
Finding 6: The proposed Encroachment will not convert significant area of public property to private use.
The existing encroachments extend approximately one to two feet into the public right-ofway that consists of dense vegetation in the area between the wall and the improved street. The vegetation will remain in place and will be trimmed to improve sight distance at the intersection of Rimini Rd and Cuchara Dr. The edge of pavement is approximately 25 feet from the existing encroachments and will not convert significant area of public property to private use. The existing wall is retaining the soil within the public ROW due to the slope difference between Rimini Rd. and the property.
As a condition of approval of the requested EP, a covenant will be recorded on the property that would require that all private improvements in the public right-of-way be maintained by the property owner in accordance with the EP and the owner will be required to indemnify the City should there be a claim of liability. As is typical with EPs, the permit conditions and covenants will ensure that should the City need this public space in the future, the retaining wall and wooden fence will be removed by the owner at their sole expense.
Based on the above, all required findings can be found to be satisfied. Therefore, staff recommends City Council adopt the Resolution (Attachment A) approving Long-term Major EP26-017.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the Council related to this agenda item, as this is a private development proposal. All fees associated with entitlement processing are paid for by the Applicant.
ENVIRONMENTAL IMPACT:
Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15301(d)(Class 1 – Existing Facilities), in that the Project proposes retention of an existing structure. Further, it has been determined that none of the six exceptions to the use of a Categorical Exemption are applicable because the project will not generate any significant environmental impacts. (See: Guidelines Section 15300.2).
ATTACHMENTS:
Attachment A – Resolution Approving EP26-017
Attachment B – Site Plan
Attachment C – Vicinity Map
Attachment D – Photographs
4 April 7, 2026 Item 9
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, APPROVING ENCROACHMENT PERMIT 26-
017 TO ALLOW AN EXISTING RETAINING WALL, WOODEN
FENCE, LOW ROCK WALL, AND VEGETATION, WITHIN THE
PUBLIC RIGHT-OF-WAY ON THE EAST SIDE OF THE
PROPERTY AT 1215 CUCHARA DRIVE (APN: 300-390-11-00) IN
DEL MAR, CALIFORNIA
WHEREAS, the City of Del Mar (City) is the owner of the public right-of-way; and WHEREAS, Anne Marie and Eduardo Schur (Applicant) have filed an application for an Encroachment Permit (EP26-017) seeking approval to permit an existing retaining wall, wooden fence, a 6-inch-tall rock wall and vegetation within the public right-of-way, adjacent to 1215 Cuchara Drive (Project); and
WHEREAS, the Applicant has also requested short-term improvements within the public right-of-way in the form of vegetation management, trenching for electrical conduit, asphalt repair, and the reservation of two (2) parking spaces for contractors; and WHEREAS, the property does not have an approved Encroachment Permit for the existing vegetation, retaining wall and associated improvements within the public right-ofway on the east side of the property; and WHEREAS, Del Mar Municipal Code (DMMC) Chapter 23.28 requires an Encroachment Permit (EP) for any private improvements within the public right-of-way; specifically, any improvements that extend at least 12 inches above the level of the sidewalk, roadway, or adjacent grade require City Council approval; and WHEREAS, DMMC Section 23.28.070 specifies that an Encroachment Permit may be approved or conditionally approved only if the City Council makes all of the findings set forth in Section 23.28.070(C) as noted in the below; and WHEREAS, in accordance with requirements of the California Environmental Quality Act (CEQA), this project is listed among the classes of projects determined to have less than significant adverse effect on the environment and, therefore, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 Class 1 – Existing Facilities in that the project proposes to permit an existing retaining wall and associated improvements; and WHEREAS, on April 7, 2026, the City Council of the City of Del Mar held a duly noticed public hearing to review the referenced entitlements, and at which time all persons desiring to be heard were heard; and
WHEREAS, oral and written evidence was submitted and considered to include without limitation:
Attachment A 5 April 7, 2026 Item 9
Resolution 2026-XX
a. Plans developed by the Applicant;
b. Written information submitted with the application;
c. Agenda Report, dated April 7, 2026, incorporated by reference as though fully set forth herein; and
d. Additional information submitted and testimony provided during the hearing on April 7, 2026.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that Encroachment Permit EP26-017 is hereby approved based on the following findings in DMMC Chapter 23.28.070(C):
Findings:
1. Retaining the wooden fence, retaining wall, and 6-inch-tall rock wall on the east side of the property would not endanger the public’s health, safety, or welfare, nor would it endanger the surrounding property. The encroachments have been in this location for many years with no record of incident or any reported adverse impacts.
Rimini Rd. sits at a higher elevation than the property itself, and the vegetation serves as a natural barrier between the pavement and bottom of the slope. The retaining wall also serves as an additional safety barrier since there is an approximate slope difference of about five feet from the edge of pavement and the property’s side yard.
2. The existing encroachments that would be authorized under the EP will not unreasonably interfere with the use of the ROW because the area is comprised of dense vegetation. Rimini Rd. is approximately 20 feet wide, and the vegetated ROW area is not traversable by foot due to the slope differential. The encroachments are approximately 25 feet from the edge of pavement. If the City identifies a future need for this public area, the EP is conditioned to be revocable, and the property owner is obligated to remove the private improvements/encroachment.
3. The existing encroachments have been in the City’s ROW for many years without any known complaints from the public and are therefore consistent with the appearance of other properties in the area.
4. The existing encroachments are consistent with other retaining walls and fences in the community due to the property being located in the Hills Neighborhood in town. With many properties having elevation differences between the paved roadway and the improved residential pad and yards, retaining walls are typically required to avoid having soil eroding onto private property or into the right-of-way.
The retaining wall also acts as a safety barrier due to the ROW along Rimini Rd. sitting at a higher grade than the property.
5. These encroachments do not interfere with existing public use of the surrounding right-of-way. The retaining wall and fence have limited visibility from public view Attachment A 6 April 7, 2026 Item 9
Resolution 2026-XX
due to being located at the toe of the slope and the dense vegetation at the top of the slope. This area is not traversable by foot and therefore, not a path of travel for pedestrians or bicycles.
6. The existing encroachments extend approximately one to two feet into the public right-of-way that consists of dense vegetation in the area between the wall and the improved street. The vegetation will remain in place and will be trimmed to improve sight distance at the intersection of Rimini Rd and Cuchara Dr. The edge of pavement is approximately 25 feet from the existing encroachments and will not convert significant area of public property to private use. The existing wall is retaining the soil within the public ROW due to the slope difference between Rimini Rd. and the property.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Council that approval of EP26-017 shall be subject to the following conditions:
Document Conditions:
DC-1 [Recordation of a Covenant]
Within sixty (60) days of final EP approval, the applicant shall record a covenant (at the applicant’s expense) against the deed for the property benefited by the approved Encroachment Permit setting forth the terms and conditions of the Permit, including the requirement for applicant’s maintenance/responsibility and removal of the encroachment upon demand by the City. The covenant shall run with the land and shall be binding on future owners and assigns. The form and content of the covenant shall be to the satisfaction of the City Attorney and City Manager.
Special Conditions:
SP-1 [Encroachment Permit Revocation]
At the City’s discretion, the Encroachment Permit may be revoked at any time.
Upon notification of the City, the property owner shall remove the private improvements from the City right-of-way, or maintain the vegetation to the satisfaction of the City.
Community Services Parking Enforcement Conditions:
PE-1 [Abide by all Signage, Markings, and Vehicle Codes] The applicant agrees to park legally at all times unless specifically authorized in advance via an Encroachment Permit. Any activity specifically approved must be adequately signed and monitored to ensure compliance with the Encroachment Permit and public safety.
a) All corners, sight lines, intersections and traffic lanes must be kept free from obstruction
Attachment A 7 April 7, 2026 Item 9
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b) Loading and unloading must occur actively and with minimal impact to traffic or pedestrians
c) All vehicles must stay well clear of all public and private driveways (minimum of 5 feet)
d) No parking that will obstruct bikes lanes or endanger pedestrians e) All vehicles will be currently registered with the State of California and display current tags or temporary plates
f) All vehicles must be in compliance with vehicle code regulations regarding proper lights and relevant safety equipment
g) City meters must be paid and time limits followed with no exceptions CS-2 [Reserved Space Affecting Parking]
Temporary signage shall be posted to reserve the space and include the Encroachment Permit number. Such signage shall be posted in a conspicuous location to the public view at all times.
CS-3 [Temporary No Parking]
The applicant shall be responsible for informing the public of the traffic/parking conditions existing within the construction area at all times by placement of appropriate warning and advisory signs. This requirement shall apply continuously twenty-four (24) hours per day and shall not be limited to normal work hours. All stationary signs that will be in the public right-of-way for long periods of time, including night time, needs to have the proper reflective delineation. Work windows must be agreed upon prior to start of work and limited to a minimum in high traffic areas. Signs must be removed within 24 hours of the window completion. Signs must be standard red and white
Signs must be a minimum of 12”Wx18”H
Sign must include the encroachment permit number and contact phone number Signs must be attached to an A-frame type barricade
General Encroachment Conditions:
GEP-1 [EP – Excavation Scheduling]
No excavation or trenching shall occur within a City right-of-way on days when City of Del Mar City offices are closed. Those days include all Saturdays and Sundays and all days on which City Holidays are observed.
GEP-2 [EP – Indemnification]
By accepting this permit and implementing the development authorized herein, the applicant agrees to indemnify, defend and save the City of Del Mar, its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liabilities, annoyances, or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted Attachment A 8 April 7, 2026 Item 9
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pursuant to the application or by reason of the permittee's installation, operation, maintenance or removal of the encroachment.
GEP-3 [EP - Removal of improvements]
The applicant agrees that if any vegetation, structure, tank, pipe, conduit, duct, tunnel, or other development for which this permit is issued is, at any point in the future, determined by the City to interfere with the use, repair or improvement of the subject right-of-way, the applicant or his or her successors or assigns, shall remove the development within ten (10) days after the receipt of a written notice from Public Works to do so. The removal shall be accomplished at the expense of the applicant or his or her successors or assigns and shall be removed or relocated to the satisfaction of the Public Works Department.
A) If an unknown underground facility is encountered, work shall cease immediately, and both the City Engineer’s office, Public Works and the utility believed to own the facility shall be notified. Work shall not proceed until permission is granted by the City Engineer’s office and a solution to the underground obstruction is resolved by the Engineer of Work.
GEP-4 [EP - Compliance with Conditions]
The applicant hereby agrees to do all work and otherwise comply with the terms and conditions of this permit, and all applicable rules and regulations of the City of Del Mar and/or other public agency.
GEP-5 [EP - Revocation of permit due to noncompliance with conditions] This permit may be revoked by the City if noncompliance is noted to the applicant and satisfactory action is not taken by the applicant or his/her agents to achieve compliance within twenty-four (24) hours of notice.
GEP-7 [EP - Permit Expiration/Potential for Permit Extension] This permit and the authorization for use/work within a City right-of-way herein granted shall expire one year from the date of approval, on April 7, 2027. The permittee may request a single Extension of Time of an approved Encroachment Permit by submitting a written request to the City Manager setting forth the reason that substantial work on the permit cannot be commenced by the scheduled expiration date. The City Manager shall grant the extension unless he/she determines that there has been a change in circumstances since the time of the original grant of the permit which would create an inconsistency between the proposed encroachment and the provisions of DMMC Chapter 23.28. No extension shall be granted for a period greater than one (1) year.
GEP-9 [EP - Compliance with CAL-OSHA]
The permittee shall obey and enforce all safety orders, rules, regulations, and recommendations of the Department of Industrial Relations of the State of California, CAL-OSHA, applicable to the work and shall comply with all applicable laws, ordinances, codes, and regulations. Any omission on the part of the City Engineer’s Attachment A 9 April 7, 2026 Item 9
Resolution 2026-XX
office to specify protective measures or devices in the Encroachment Permit shall not excuse the permittee from complying with all applicable requirements of law.
GEP-10[EP - Timely Performance of Work]
If any part of the work performed under an Encroachment Permit is not completed within the period indicated in either the submitted application materials or the conditions of approval of the Encroachment Permit, the City may notify the person performing the work, in writing, to complete the work within forty-eight (48) hours thereafter, legal holidays excepted. If the work is not completed within this time period, the Public Works shall have full power to perform the work, including such measures as will restore the disturbed area to a safe and passable condition until the work can be completed. The cost thereof, including any inspection and administrative overhead costs incurred by City, shall be assessed against the permittee.
GEP-11[EP - Compliance with City Codes and Permit Conditions] Any person violating any provisions of or failing to comply with any of the requirements of this Permit or of DMMC Chapter 23.28 shall be subject to the enforcement provisions set forth in DMMC Chapters 1.08 and 30.98.
GEP-12[EP - Change of Permit Conditions at Direction of the City] The City retains the right to change conditions of this Permit granted and order the relocation or adjustment of lines, manholes, fixtures, and apparatus hereby allowed to be installed, whenever, in the opinion of the City, this becomes necessary; and desirable. In the event that such an order is made, all changes required pursuant thereto shall be made at the sole expense of the Permittee.
GEP-13[EP - Notification of Utility Owner]
The applicant shall notify the appropriate Public Utility a minimum of seventy-two (72) hours prior to performing any work on or adjacent to any public utility. All such work shall be done only with authorization and with inspection by the appropriate utility owner.
GEP-14[EP - No authorization for street closure]
The permit does not authorize closure of any road or street, unless specifically stated on the permit.
GEP-15[EP - No Transfer in Property Interest]
The granting of an encroachment permit pursuant to this chapter shall not constitute the transfer or relinquishment of any ownership or interest held by the City over the public right-of-way, nor shall such permit confer any vested or proprietary rights upon the holder of the permit beyond the right to utilize the encroachment area in the manner authorized by the permit and subject to all of the conditions set forth herein.
GEP-16[EP - Notification of Neighbors Prior to Commencement of Traffic Lane Disruption]
Attachment A 10 April 7, 2026 Item 9
Resolution 2026-XX
Where the proposed work will involve a temporary traffic lane closure or detour, the applicant shall notify all neighbors along the street in the area in which work will take place a minimum of 72-hours prior to the commencement of any work.
The notification required herein shall be provided as follows:
a) Copies of written notice shall be distributed at the properties with frontage along the street where the traffic lane disruption will occur and at properties with frontage along the affected street that are within 200 (linear) feet of the area of traffic lane disruption. A copy of the notice to be provided shall be submitted for City approval prior to distribution, and
b) Temporary signs shall be placed along both sides of the street in the area where traffic lane disruption will occur and at the points 500 feet beyond the ends of the affected street area.
The notice required herein shall be provided / installed (as applicable) to the satisfaction of the Director of Planning and Community Development.
GEP-17[EP - Improvements Subject to Compliance with ADA Accessibility Requirements] The applicant shall be responsible for ensuring that all improvements are implemented in compliance with the applicable provisions of the Americans with Disability Act (ADA). Information about requirements for complying with ADA requirements can be gained from the following website: http://www.accessboard.gov/adaag/html/adaag.htm GEP-19[EP - Traffic Conditions]
Traffic Control shall be as follows:
a) Maintain Traffic – Vehicular and pedestrian traffic on all streets shall be permitted to pass through the work area with as little inconvenience as possible. At no time shall the roads be closed without specific authorization. b) Flagmen – Shall be used on all streets where the traffic is restricted to less than two (2) traffic lanes.
c) Comply with Green Book Section 601 – Maintaining of vehicular traffic through the work area shall conform to Standard Specifications for Public Works Construction (Green Book Section 601) Temporary Traffic Control For Construction and Maintenance Work Zones.
d) Replace Improvements – All improvements within the road right-of-way which include road signs, road striping, road symbols, etc., which were damaged, removed or obliterated as a result of the permittee’s work shall be repaired and/or replaced. Repairs and replacements shall be equal to or better than the existing improvements and shall match them in finish and dimension.
Attachment A 11 April 7, 2026 Item 9
Resolution 2026-XX
e) End of Workday – At the end of each workday, all roads shall be restored to two-way traffic. The road surface shall be brought to a smooth, even condition, free of humps and depressions, satisfactory for use by the motoring public. f) Detours – Shall be in accordance with Caltrans Traffic Manual, Chapter 5, And shall be approved by the Public Works three weeks before the anticipated date of the detour.
g) The applicant shall be responsible for notifying the Del Mar Fire Department (858) 755-1522) and City Parking Enforcement (858) 755-1556 at least 48 hours prior to the road closure.
h) The Permittee shall follow Caltrans standards for bicycle and pedestrian traffic control. Where facilities exist, a minimum sidewalk and bike path width of four feet (4') shall be maintained at all times for safe passage through the work area.
At no time shall pedestrians be diverted onto a portion of the street used for vehicular traffic. At locations where adjacent alternate walkways cannot be provided, appropriate signs and barricades shall be installed at the limits of construction and in advance of the closure at the nearest crosswalk or intersection to divert pedestrians across the street. Pedestrian detour plans shall be approved by the City prior to construction.
GEP-20[EP – Cleanup, Backfilling and Compaction]
Cleanup, backfilling, and Compaction shall be as follows:
a) Cleanup After Completion - Immediately after completion of the work, the permittee shall cleanup and remove all materials, earth and debris of any kind.
If the permittee fails to do so within 24 hours after having been notified to do so by the City, the work may be done by the city and the permittee charged the costs of such work. When a pole, guy-stub or similar timber is removed and not replaces, the entire length thereof shall be removed from the ground and the hole backfilled and compacted.
b) Backfilling and compaction – Backfilling and compaction of an excavation of an evacuation shall be in accordance with the Standard Specifications for Public Works Construction (Sections 301 and 306), as well as any special standards established by the City. Backfilling shall be completed before the end of the workday. No open trenches shall be left after normal working hours. c) Restoration of right-of-way - upon completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way by replacing, repairing or rebuilding it in accordance with the specifications or any specific requirements, but not less than to its original condition before the encroachment work was commences. The permittee shall remove all obstructions, materials, and debris upon the right-of-way and shall do any other work necessary to restore the right-of-way to a safe and usable condition, as Attachment A 12 April 7, 2026 Item 9
Resolution 2026-XX
directed by the City. When the excavation occurs within an area already paved, the city may make the necessary restoration. The permittee can be notified or can respond to notification; the City may make the necessary restoration. The permittee shall reimburse the City in accordance with the costs of such work.
All work shall be in accordance with City standards and Public work Standard Specifications for Construction (Green Book Section 302 and 306.).
GEP-22[EP – Construction Staging Area]
Proposed locations of construction staging areas shall be approved by the City.
Any construction staging area proposed outside of the public right-of-way shall be disallowed unless the Permittee has secured the prior written approval of the owner.
GEP-24[EP – Archaeological]
The permittee shall cease work in the vicinity if any archaeological resources that are revealed. The City shall be notified immediately. A qualified archaeologist, retained by the permittee, will evaluate the situation, and make recommendations to the City concerning the continuation of the work.
GEP-25[EP – Monument Preservation]
Location of monuments shall be tied out prior to work. Any City monument damaged, displaced, or destroyed by Permittee’s work shall be replaced by Permittee at Permittee’s sole expense.
Public Works Conditions:
PW-1 [Notification prior to and after Completion of Work] The applicant agrees to notify the Public Works representative at least forty-eight (48) hours in advance of time when work authorized in this permit will be started.
Applicant shall state the EP number, original date of approval and a short description of the work. Additionally, upon completion of the work, the applicant agrees to immediately notify the Public Works representative of such completion.
Any improvement or modification of the right-of-way shall be subject to inspection and approval of work from the Public Works representative. The permittee shall be responsible for contacting Guillermo Landoni with MBI at [email protected].
PW-3 [USA Markout]
At least 72 hours prior to the excavation of any area within a right-of-way, the applicant shall contact Underground Services Alert (USA) at (800) 422-4133 for the purpose of identifying the location of buried utilities so as to avoid disturbance thereof. All proposed dig or trench areas shall be pre-marked with white paint prior to contacting for USA mark out. No work shall commence until USA mark out has occurred.
Attachment A 13 April 7, 2026 Item 9
Resolution 2026-XX
The permittee is advised that the locations of utility lines may vary from those shown on approved project plans and that coordination with the appropriate utility companies is, therefore, imperative. Any damage or repair thereof to utility lines caused as a result of project implementation shall be the permittee’s responsibility.
The applicant shall be responsible for removing or blocking out all pavement markings installed for the project immediately upon completion of the work authorized in the Encroachment Permit. Should a utility conflict be present, then the Contractor shall contact the Engineer of Work immediately, in order to provide sufficient time for a redesign and approval of construction change.
PW-4 [Traffic Control Plan]
Prior to the approval of the Encroachment Permit, the contractor shall submit a plan for traffic control prepared by a registered California Civil or Traffic Engineer.
The plan shall be subject to the review and written approval of the City. The plan shall be prepared in accordance with the “Manual for Uniform Traffic Control Devices (MUCTD) in Construction and Maintenance Zones” and the “County of San Diego Standard Traffic Control plans.” The plan shall also be prepared and implemented to ensure that traffic control measures will be in place so as to protect pedestrian, cyclists and motorists from any construction, equipment, or other related activities, (including parked vehicles) due to construction. If a detour for traffic is needed, a Traffic Control plan should be submitted for review and approval by the City prior to the start of work.
PW-5 [Trench Resurfacing, Contact with Public Works – Standards for Repair] All trench resurfacing shall be performed in accordance with the standards shown below and shall be subject to inspection by the City’s representative. The permittee shall be responsible for calling MBI for an inspection at (760) 603-6264.
Trenches and improvements in streets shall conform to regional standards as follows:
a) Trenches wider than six (6) inches: Use Regional Standard G-24 type B.
The base hall be compacted with twelve (12) inch maximum lifts to 95% modified proctor and test reports shall be furnished to the City prior to capping base with Asphalt.
b) Trenches six (6) inches or less: Use regional standard G-24 Type C. Call for an inspection prior to the Asphalt repair at call MBI at (760) 603-6264. c) Traffic Control plans shall be followed per approved plans and adjusted by the contractor for changing conditions.
d) Trench plates used during a SDG&E gas connection (which can take up to two weeks) or on downhill road section, need to be ground down so plates are flush with roadway. All plates are to be “slip resistant”. All open trenches in roadway shall be plated and secured at the end of the workday.
Open trenches in pedestrian areas shall be plated or covered in heavy plywood.
Attachment A 14 April 7, 2026 Item 9
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e) Where a curb exists, the applicant shall bore under curb or saw cut a minimum of the width of the asphalt patch and replace with same construction. Should the proposed saw-cut fall within a couple of feet of a joint, then saw-cut shall be at the nearest joint.
f) No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts except when the prior written consent of the Public Works Department has been obtained.
Construction shall include restoration of all speed controls bumps and all striping and/or any signage that may be disturbed as the result of project implementation.
Restoration of disturbed speed bumps shall include thermoplastic paint of speed bump.
No open trench shall be allowed across any street or within ten (10) feet of any travel-way, except when work is in actual progress. Areas covered by acceptable steel plates are not to be construed as trenches.
PW-9 [Traffic Control]
The applicant shall be responsible for informing the public of the traffic conditions existing within the construction area at all times by placement of appropriate warning and advisory signs. The applicant shall also provide and maintain all traffic control and safety items. Permittee assumes sole and complete responsibility for the job and site conditions during the course of construction, including safety of all persons and property. This requirement shall apply continuously twenty-four (24) hours per day and shall not be limited to normal work hours. All stationary items (e.g., dumpsters, heavy equipment, construction supplies) that will be in the public right-of-way for long periods of time, including, needs to have the proper reflective delineation.
In the event of the need for a full road closure, at a minimum of five (5) days prior to the road closure, signs measuring no less than 30”x36”shall be placed at each end of the block stating the dates, time and purpose of the road closure and a notice written notice containing the same information as the above-mentioned signs shall be distributed at the properties with frontage along the street where the traffic lane disruption will occur and at properties with frontage along the affected street that are within 200 (linear) feet of the area of traffic lane disruption. Additionally, the applicant shall be responsible for notifying the Del Mar Fire Department (858) 755-1522 and City Parking Enforcement (858) 755-1556 at least 72 hours prior to the road closure.
PW-17[Public Works Inspection]
Permittee shall schedule inspections with the Public Works, through MBI at [email protected] at least 24 hours prior to need as follows:
a. Sidewalk, Driveway, Curb and Gutter and other Concrete Work Pre-pour and Final b. Street Excavation T-Cut and Final
c. Sewer Lateral Capping during Demolition and New Lateral Connection to Main Attachment A 15 April 7, 2026 Item 9
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d. Water- Cross Connection Inspection prior to final.
e. All Other Encroachment Activity Final
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, State of California, at a Regular Meeting held on the 7th day of April 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 7th day of April 2026, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
Attachment A 16 April 7, 2026 Item 9
SITE PLAN
A0.3
REQ. SY. SETBACK
7'-6"
R
E
Q. S
Y. S
E
T
B
A
C
K
7'-6"
REQ. RY. SETBACK
10'-0"
5'-0"
25'-0"
NEW REQ. RY. SETBACK
3 5'-7"
(E) S
Y. S
E
T
B
A
C
K
T
O
R
E
M
AIN
POOL CENTERED ON
SLIDING DOORS
(E) DENSE
BRUSH AND
TREES
THROUGHOUT
(E) DENSE
BRUSH AND
TREES
THROUGHOUT
20'-0"
2 0'-0" R
E
Q.F
R
O
N
T
Y
A
R
D
S
E
T
B
A
C
K
EXISTING
CONCRETE
DRIVEWAY
CL
92 CUCHARA DRIVE
94 9698
100
102
104
106
108
EXISTING
ROOF
BELOW
TO REMAIN
EXISTING
ROOF
TO
REMAIN
EXISTING PLANTER
MIN. 2
%
SLO
P
E
T
O
D
R
AIN
MIN. 2
%
SLO
P
E
T
O
D
R
AIN
MIN. 2%
SLOPE
TO
DRAIN
1.1:12
SLO
P
E
1.1:12
SLO
P
E
MIN. 2%
EXISTING SY. SETBACK
TO REMAIN
REQ. FY. SETBACK
ROOF RIDGE 231.20'
6'-1"
House #1227
Single Story
House #699
Two Story
Ridge
WATER METER SHUT OFF
IRRIGATION CONTROL VALVE POWER POLE WITH
UNDERGROUND SERVICE
FIRE HYDRANT
(E) SOUTH EDGE WOOD
FENCE TO REMAIN
(E) PLASTER RETAINING
WALL TO REMAIN
(E) OVERHEAD SERVICE
WIRES
18'-0"
2 5'-2"
(E) F
R
O
N
T
Y
A
R
D
S
E
T
B
A
C
K
T
O
R
E
M
AIN
UP
UP
PROPOSED
CONCRETE
PAVERS
PROPOSED
PLANTING
PROPSOED
CONCRETE
EXISTING
VEGETATION
EXISTING
VEGETATION
GARBAGE BINS
NEW WOOD FENCE
ENCLOSURES FOR POOL
AND AC EQUIPMENT
EXISTING
VEGETATION
C
L
PROPOSED POOL ON SEPARATE
PERMIT
10'-0" x 20'-0"
POWER POLE WITH
EXISTING UNDERGROUND SERVICE
TORREY
PINE TO
REMAIN
EXISTING
TORREY
PINE TO
REMAIN
(E) CYPRESS TO REMAIN
EXISTING
PINE TO
REMAIN
EXISTING
MELALEUCA
TREE TO
REMAIN
PROPOSED
CONCRETE
UP
PROPOSED
CONCRETE
PAVERS
EXISTING
CONCRETE
ENTRY PATIO
SLOPE TO DRAIN
AWAY FROM HOUSE
(E) FY. SETBACK
TO REMAIN
EXISTING FENCE TO REMAIN
PLANTING
19'-7" EXISTING DRIVEWAY TO REMAIN
PROPOSED 4'-0" HIGH
WOODEN FENCE
PROPOSED 5'-0" HIGH
WOODEN FENCE
18'-1" EXISTING DRIVEWAY TO REMAIN
7'-1" FENCE SB
7'-0 FE
" NCE SB
6'-0" REQ.FENCE SB
7'-10" PROPOSED 4'-0" HIGH
WOODEN FENCE
NEW FLAT
ROOF
BELOW
221.05'
MINI SPLIT CONDENSER
UNITS
BELOW
see spec sheet A1.5
POOL EQUIPMENT BELOW
see landscape
sheet L1.7
(E) WALL TO REMAIN IN
SY SETBACK
SAME HEIGHT AS
EXISTING ROOF
(N) FIRE FEATURE
SEE LANSCAPE SHEET L1.11
2% SLOPE
2% SLOPE
207.78'
207.24'
203.78'
203.34'
203.42'
* SEE LANDSCAPE SHEET L1.1
207.78'
F.F. 207.98'
203.53'
203.48'
206.24'
206.24'
207.24'
207.78'
207.78'
207.78'
207.78'
207.78'
201.20' 202.20' 205.80'
F.F. 207.98'
203.50'
F.F. 207.98' 207.24'
207.24'
F.F. 207.98'
SELF-CLOSING, SELF-LATCHING
GATE
SELF-CLOSING, SELF-LATCHING
GATE
(E) GAS METER
(E) ELECTRICAL PANEL
SEWER LINE 4" WATER LINE 5/8"
EXISTING OUTDOOR COLD WATER
SHOWER TO REMAIN
SITE PLAN
Scale: 1/8" = 1'-0" 1
NEW SECOND STORY
ADU ADDITION ABOVE
EXISTING SFD
EXISTING FENCE
NEW 5'-0" HIGH WOODEN FENCE/GATE TO
BE PAINTED DARK GREY
PROJECT INFORMATION
JOB ADDRESS:
LEGAL DESCRIPTION: APN:
1215 Cuchara Dr. Del Mar, CA 92014
300-390-11-00
N
VICINITY MAP
PROJECT LOCATION
BENCHMARK ELEVATION: 2 1/2" Brass Disk in concrete in Monument Well stamped REED 1990 PLS 4965 in City of del Mar EL: 217.58 feet
CONSTRUCTION MATERIAL: TYPE V
NOTES REFER TO LANDSCAPE PLAN FOR SITE INFORMATION
(HARDSCAPE, SOFTSCAPE, PLANTING AND IRRIGATION)
REFER TO CIVIL DRAWINGS FOR ELEVATIONS AND DRAINAGE
THESE DRAWINGS AND SPECIFICATIONS
AND IDEAS, DESIGN AND ARRANGEMENTS
REPRESENTED THEREBY ARE AND SHALL
REMAIN THE PROPERTY OF SCRAFANO
ARCHITECTS AND NO PART THEREOF
SHALL BE COPIED, DISCLOSED TO
OTHERS, OR USED IN CONNECTION WITH
ANY WORK OR PROJECT OTHER THAN THE
SPECIFIC PROJECT FOR WHICH THEY
HAVE BEEN PREPARED AND DEVELOPED
WITHOUT THE WRITTEN CONSENT OF
SCRAFANO ARCHITECTS. VISUAL
CONTACT WITH THESE DRAWINGS OR
SPECIFICATIONS SHALL CONSTITUTE
CONCLUSIVE EVIDENCE OF ACCEPTANCE
OF THESE RESTRICTIONS.
COPYRIGHT 2023, SCRAFANO ARCHITECTS.
ISSUE DATE
scrafano architects
Architecture Interiors Planning
5770 1/2 W. PICO BLVD
LOS ANGELES CA 90019
TEL 323.954.6464
FAX 323.954.6466
NO.
SCHUR
RESIDENCE
1215 Cuchara Dr. Del Mar, CA 92014
OWNER:
Anne Marie and Eduardo Schur
1 PERMIT SET 10-22-25
STRUCTURAL ENGINEER:
Labib Funk + Associates
El Segundo, CA 90245
213.239.9700
1 2 PERMIT CORRECTIONS 11-10-25
EXIT ALARMS ON THE PRIVATE SINGLE-FAMILY HOME'S DOORS
THAT PROVIDE DIRECT ACCESS TO THE SWIMMING POOL. AN
EXIT ALARM MAY CAUSE EITHER AN ALARM NOISE OR VERBAL
WARNING, SUCH AS REPEATING NOTIFICATION THAT THE DOOR
TO THE POOL IS OPEN.
1 a) -i)
a) -ii) MAIN HOUSE DOORS TO BACKYARD TO BE SELF-CLOSING, SELF-LATCHING. 1 1
POOL SAFETY NOTES:
b) -i) REMOVABLE MESH FENCING THAT MEETS ASTM
SPECIFICATIONS F2286 STANDARDS IN CONJUNCTION WITH
GATE THAT IS SELF-CLOSING AND SELF-LATCHING AND CAN
ACCOMODATE A KEY LOCKABLE DEVICE.
b) -ii) AN APPROVED SAFETY POOL COVER MEETING THE
PERFORMANCE STANDARDS OF ASTM STANDARD F1346-91. b) -iii) AN ALARM THAT WHEN PLACED IN A SWIMMING POOL/SPA, WILL
SOUND UPON DETECTION OF ACCIDENTAL OR UNAUTHORIZED
ENTRANCE INTO THE WATER. THE ALARM SHALL MEET AND BE
INDEPENDENTLY CERTIFIED TO ASTM STANDARD F2208.
b) -iii) OTHER MEANS OF PROTECTION, IN ACCORDANCE WITH CBC 3109.2.
1 1
1 1
PLUMBING NOTES:
PER CALIFORNIA CIVIL CODE ARTICLE 1101.4 AND CALGREEN SECTION 301.1, ALL BUILDING ALTERATIONS TO A SIGNGLE-FAMILY HOME, EXISTING PLUMBING FIXTURES IN THE ENTIRE HOUSE THAT DO NOT MEET COMPLIANT FLOW RATES TO BE UPGRADED. WATER CLOSETS WITH FLOW RATE IN EXCESS OF 1.6 GPF WILL NEED TO BE REPLACED WITH WATER CLOSETS WITH MAXIMUM FLOW RATE OF 1.28 GPF. SHOWERS WITH FLOW RATE IN EXCESS OF 2,5 GPM WITH NEED TO BE REPLACED WITH SHOWERHEADS OF MAXIMUM FLOW RATE OF 1.8 GPM. LAVATORY WITH A FLOW RATE IN EXCESS IF 2.2GPM WILL NEED TO BE REPLACED WITH LAVATORY WITH A MAXIMUM FLOW RATE OF 1.2GPM(1.8GPM FOR KITCHEN FAUCETS) 1 1
Attachment B 17 April 7, 2026 Item 9
1215 Cuchara Dr. Vicinity Map
Attachment C 18 April 7, 2026 Item 9
Attachment D 19 April 7, 2026 Item 9
Attachment D 20 April 7, 2026 Item 9
Attachment D 21 April 7, 2026 Item 9
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: April 7, 2026
SUBJECT: Adoption of Resolution to Declare the City-Owned 28th Street Vacant Lot Exempt Surplus Land per Surplus Lands Act (APN 299-030-12) REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council adopt a Resolution (Attachment A) to declare that the small City-owned 28th Street vacant lot 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 owns a vacant, developable property (Assessor's Parcel Number, APN 299-030-12) located at 28th Street. The vacant 28th Street property is 0.06 acres (2,614 square feet) and it is located in the City’s developed North Beach neighborhood on the block immediately east of Camino del Mar and north of 28th Street, which is located within the regulatory floodplain.
See Assessor’s parcel map and photo identification for this site in Exhibit A to Attachment A.
The site is located within the coastal zone, east of the ocean shoreline and south of the San Dieguito Lagoon shoreline. The site does not contain any sensitive coastal resources. It is located within the coastal development permit appeals jurisdiction due to its location within 300 feet of the San Dieguito Lagoon, which means any prospective development on the site will be subject to approval of a coastal development permit issued by the City of Del Mar and appealable to the California Coastal Commission in accordance with Del Mar’s certified Local Coastal Program.
In 2020, this site was identified as a candidate development 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 potential housing site to meet lower income housing needs in the 6th Cycle Housing Element since it was first adopted on March 25, 2021.
1 April 7, 2026 Item 10
City Council Agenda Report
Resolution for 28th Street SLA Determination
April 7, 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 10th 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 reviewed and considered the 28th 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 (Government Code Sections 54220 through 54234). 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 is currently pursuing the SLA exemption process for the 28th Street housing site. The City has been coordinating with the California Department of Housing and Community Development (HCD) and was assigned a case number (Case #SLA0002523). HCD reviewed the draft Resolution and indicated they look forward to receiving the adopted Resolution. Staff will continue to coordinate with HCD to ensure compliance (i.e., HCD review of the draft Notice of Availability and draft Request for Proposals before they are transmitted as final documents). This will allow the City to proceed with next steps to seek developer proposals, process development approval, and enter into a ground lease or sale agreement.
On March 19, 2026, the City mailed public notice to Native American tribes and other 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). On March 23, 2026, the City posted a notice at City Hall and on the City website and published a legal ad in the Coast News on March 27, 2026.
DISCUSSION/ANALYSIS:
The proposed determination that the 28th Street site is exempt surplus land is substantiated through written findings set forth in the proposed Resolution (Attachment A). The adopted Resolution must be provided to HCD for review at least 30 days before the City’s disposition of the land pursuant to SLA Guidelines Section 400(e). 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. This is why, consistent with State law, the City prioritized use of surplus public land for development of lower income units to meet its RHNA for the 6th Cycle Housing Element.
To implement its housing strategy, the City will be considering multiple options for a potential sale or lease of the 28th Street property where those options may result in affordable homes for 2 to 4 lower income households and allow the City to qualify for exempt surplus status under the Surplus Lands Act.
2 April 7, 2026 Item 10
City Council Agenda Report
Resolution for 28th Street SLA Determination
April 7, 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 28th Street property, which is 0.06 acre (2,614 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 28th Street property is intended to be used for development of housing that will be affordable to lower 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. 4) That the 28th Street property will be developed with rental housing or for sale housing for lower income households where 100% of the units will be restricted to 3 April 7, 2026 Item 10
City Council Agenda Report
Resolution for 28th Street SLA Determination
April 7, 2026
lower income households for at least 55 years for rental housing or 45 years for ownership housing and the affordable rent level or affordable sales price will be required to be below the median market rent or median sale price 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 and 45 years for ownership 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 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.
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 28th 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 which 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 Section 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 28th 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 April 7, 2026 Item 10
City Council Agenda Report
Resolution for 28th Street SLA Determination
April 7, 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 affordable housing on its City-owned sites identified for affordable housing. The City will be taking the following steps to meet State law and make preparations to solicit potential developers:
• 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 that the City intends to lease or sell the surplus property and identifying timing for the agency to notify the City of their interest in the property, which if pursued would be subject to good faith negotiations in accordance with Government Code 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 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 four 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 affordable housing in a manner 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 or sale 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 and the permit will be appealable to the Coastal 5 April 7, 2026 Item 10
City Council Agenda Report
Resolution for 28th Street SLA Determination
April 7, 2026
Commission because the site is located in the Commission’s appeals boundary in proximity to the San Dieguito Lagoon.
• Consistent with Housing Element Program 3B, the City is seeking to issue building permits for an affordable housing development on the 28th 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 28th 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 or sale agreement. The goal is to create 2 to 4 small units for lower income households.
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 28th Street Surplus Property Exhibit A to Attachment A – Assessor’s Parcel Map and Photo Identification of Parcel 6 April 7, 2026 Item 10
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 ON 28TH STREET (APN 299-030-
12), 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 28th Street which is Assessor's Parcel Number (APN) 299-030-12 as identified in Exhibit A to this Resolution (the "Property"), and commonly referred to as the 28th 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 North beach neighborhood, and is only 0.06 acres (2,614 square feet) in size; and WHEREAS, the site is located in the Public Facilities Zone, Floodplain Overlay Zone, and Coastal Zone on a parcel that is located east of the ocean shoreline and south of the San Dieguito Lagoon and that does not contain any sensitive coastal resources; and WHEREAS, the site is located within the City’s coastal development permit appeals 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 and appealable to the California Coastal Commission in accordance with Del Mar’s certified Local Coastal Program; 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 March 19, 2026, the City mailed public notice to Native American tribes and other 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 7 April 7, 2026 Item 10
Resolution No. 2026-XX
Code Section 50079), the City posted a notice at City Hall and on the City website on March 23, 2026, and published a legal ad in the Coast News on March 27, 2026; and 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 Section 54221(f)(1)(F)(i), 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, 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 offer the Property to an affordable housing developer to build and operate affordable homes for lease or purchase for up to 4 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 8 April 7, 2026 Item 10
Resolution No. 2026-XX
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 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 on 28th Street, 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 2,614 square feet and thus is less than one half acre (21,780 square feet).
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:
9 April 7, 2026 Item 10
Resolution No. 2026-XX
(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/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 28th 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 7th day of April, 2026. _____________________________________
Tracy Martinez, Mayor
City of Del Mar
10 April 7, 2026 Item 10
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 7th day of April, 2026, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
11 April 7, 2026 Item 10
28th Street Vacant Lot: APN 299-030
-1200
ExhibitA
LEGEND
APN 299-030-1200
12 April 7, 2026 Item 10
Exhibit A
28th Street Vacant Lot: APN 299-030-1200
LEGEND
APN 299-030-1200
13 April 7, 2026 Item 10
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: April 7, 2026
SUBJECT: Resolution Approving the Del Mar Projects for Inclusion in the TransNet Local Street Improvement Program of Projects for Fiscal Year 2026-2027 through Fiscal Year 2030-2031 and Amending Fiscal Year 2024-2025 Programming to include Carry-Over Funding
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that City Council conduct a public hearing and adopt a Resolution (Attachment A) approving Del Mar projects for inclusion in the TransNet Local Street Improvement Program of Projects as part of the Regional Transportation Improvement Program
BACKGROUND:
TransNet is the half-cent sales tax for funding local transportation projects that was first approved by voters in 1988. On November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance) that extended TransNet for an additional 40-year period.
The San Diego Association of Governments (SANDAG) Board, in its role as the San Diego County Regional Transportation Commission, approves the TransNet Program of Projects (POP) as an element of the Regional Transportation Improvement Program (RTIP). The RTIP is a multi-year program of major highway, arterial, transit, and bikeway projects planned by all cities within the County of San Diego.
SANDAG’s TransNet revenue estimates are based on forecasted sales tax revenue in the County. On January 5, 2026, SANDAG released its draft TransNet Revenue Forecast for the five-year period of Fiscal Year (FY) 2026-2027 through FY 2030-2031 for the Local Street Improvements (LSI) program (Attachment B). SANDAG adjusts the revenue forecast annually, and the City Council reviews and approves the City’s program of projects annually to ensure the programming best meets the city’s needs. 1 April 7, 2026 Item 11
City Council Agenda Report
TransNet Local Streets Improvement Program
April 7, 2026
DISCUSSION/ANALYSIS:
SANDAG estimates that the City of Del Mar will receive a total of $737,000 in TransNet LSI funds during the period FY 2026-2027 through FY 2030-2031. To use TransNet LSI funds on City projects, those projects must be included within the SANDAG approved POP. During the next five fiscal years, City staff proposes funding pavement improvements and local match to the Camino del Mar Bridge Replacement with TransNet revenues as shown in the table below.
Del Mar’s Amended RTIP List of Programmed Projects
PROJECT
ID PROJECT TITLE FY 26/27
FY
27/28
FY
28/29
FY
29/30
FY
30/31
TOTAL
DM 01
Annual Street
Maintenance (Small
Area Repairs)
$42,000 $43,000 $44,000 $45,000 $46,000 $220,000
DM 02
Local Match to Bridge
Retrofit Projects
(Camino del Mar
Bridge over San
Dieguito River
Replacement Project)
$0 $10,000 $10,000 $10,000 $0 $30,000
DM 06
Sidewalk, Street, and
Drainage
Improvements
$99,000 $91,000 $93,000 $96,000 $108,000 $487,000
Revenue Forecast $141,000 $144,000 $147,000 $151,000 $154,000 $737,000 Estimated Carry-Over $0 $0 $0 $0 $0 $0
Estimated Funding Available $141,000 $144,000 $147,000 $151,000 $154,000 $737,000 The recommended program for FY 2026-2027 includes:
1) $42,000 for DM 01 - Annual Street Maintenance to provide supplemental funding to the small area patch repairs completed annually
2) $0 for DM 02 – Local Match for Bridge Retrofit Projects, deferring the programming funding until FY 2027-2028 when the project has entered construction and expenditures increase significantly
3) $99,000 for DM 06 – Sidewalk, Street, and Drainage Improvements to be used to partially fund the upcoming Pavement Management Program project The amounts in the table represent only the RTIP portion of project funding, not the anticipated annual City expenditure.
In addition, staff is requesting that City Council formally approve an amendment to the FY 2024-2025 programming to allow the City to carry-over funding of $510,000 from FY 2 April 7, 2026 Item 11
City Council Agenda Report
TransNet Local Streets Improvement Program
April 7, 2026
2024-2025 into FY 2025-2026 and spend the funding on pavement improvements this fiscal year as intended.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item. City Council approval of this item will secure RTIP funding for the City as estimated by SANDAG. The transportation related project expenditures and anticipated RTIP funding discussed in this report total $737,000 over the next five fiscal years.
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:
TransNet funds support the City Council’s approved Tier 1 Capital Improvement Program projects included in the Pavement Management Program.
ATTACHMENTS:
Attachment A – Resolution Adopting City of Del Mar’s RTIP Program of Projects for FY 2026-2027 through FY 2030-2031 and Amending FY 2024-2025 Programming
Attachment B – TransNet Revenue Forecast – Local Street Improvement Program 3 April 7, 2026 Item 11
ATTACHMENT A
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING THE LIST
OF DEL MAR PROJECTS FOR INCLUSION IN THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2026-2027 THROUGH 2030-2031 AND ADOPTING AN AMENDMENT TO THE TRANSNET
LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS
FOR FISCAL YEAR 2024-2025
WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance), which has been amended from time to time in accordance with the applicable amendment requirements; and WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a biennial basis a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, the City of Del Mar was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2026-2027 through 2030-2031; and WHEREAS, the City of Del Mar approved its FY 2024-2025 TransNet Local Street Improvement Program of Projects (POP) on April 15, 2024, and the City of Del Mar desires to make adjustments to its Program of Projects; and WHEREAS, the City of Del Mar has held a noticed public hearing with an agenda item that clearly identified the proposed list of projects and the proposed amendment prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31.
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. Pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Del Mar certifies that no more than 30 percent of its cumulative revenues shall be spent on local street and road maintenance-related projects, or that its expenditures are consistent with the most recent TransNet Extension Ordinance requirements adopted by SANDAG.
3. Pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Del Mar certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Del Mar’s public hearing process.
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Resolution No. 2026-XX
4. City of Del Mar requests that SANDAG make the following changes to its POP (the “Amendment”) as programmed in the FY 2024-2025 RTIP: Funding programming to carry-over $510,000 from FY 2024-2025 to FY 2025-2026; and
5. Pursuant to Section 8 of the TransNet Extension Ordinance, the City of Del Mar certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the 5-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG.
6. Pursuant to Section 9A of the TransNet Extension Ordinance, the City of Del Mar certifies that it will exact $3,109.88 plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction (unless exempted under the TransNet Extension Ordinance,) and shall contribute such exactions to the Regional Transportation Congestion Improvement Program (RTCIP).
7. Pursuant to Section 13 of the TransNet Extension Ordinance, the City of Del Mar certifies that it has established a separate Transportation Improvement Account for TransNet revenues with interest earned expended only for those purposes for which the funds were allocated.
8. Pursuant to Section 18 of the TransNet Extension Ordinance, the City of Del Mar certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs.
9. The City of Del Mar does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met.
10. The City of Del Mar agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Del Mar’s TransNet funded projects Hall Solar Project Capital Improvement Program budget (40-6408-5900).
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 7th day of April, 2026. _____________________________________
Tracy Martinez, Mayor
City of Del Mar
5 April 7, 2026 Item 11
Resolution No. 2026-XX