Del Mar City Council
May 19, 2026

Table of Contents
5-19-2026 Regular Meeting Agenda Packet Print
Item 1- Minutes
Item 2 - May 19, 2026 List of Demands
Item 4 - SB1 Funding-Agenda Report
Item 5 - FY 2025-26 Asphalt Roadway Patch Repairs
Item 6 - Resolutions Calling 2026 General Municipal Election Item 7 - Del Mar TV Foundation 1st Amendment
Item 8 - Seaside Ridge Development Project
Item 9 - Affordable Housing Step 2
2 8
14 32
38 52
76 95
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Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California 92014
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.

Regular Meeting
Tuesday, May 19, 2026 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings in-person or via written comment (Red Dot). Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda.

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

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

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

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

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

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

Tracy Martinez
Mayor
John W. Spelich
Deputy Mayor
Terry Gaasterland
Council Member
Dan Quirk
Council Member
Ashley Jones
City Manager
Christina Cameron
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting May 19, 2026
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.

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

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

1. Approval of Minutes: May 5, 2026, Regular and Special Meeting Recommended Action: Approve Minutes.

Reference: Clerk’s Minutes Book

2. Ratification of List of Demands dated May 19, 2026
Recommended Action: Ratify the List of Demands.

Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting May 19, 2026
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us

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

Reference: Clerk’s File No. 401-4

4. Fiscal Year 2026-2027 Senate Bill 1 Funding for the City’s Pavement Management Program
Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) establishing the list of Fiscal Year (FY) 2026-2027 projects to be funded by Senate Bill 1 (SB1) from the State of California.

Reference: Clerk’s File No. 901-5

5. Construction Contract with Southland Paving, Inc. for Fiscal Year 2025-2026 Asphalt Roadway Patch Repairs
Recommended Action: Staff recommends that the City Council: 1) Award a $75,000 construction contract to Southland Paving, Inc. (Attachment A) for Fiscal Year (FY) 2025-2026 asphalt roadway patch repairs; and 2) Authorize the City Manager to execute the contract.

Reference: Clerk’s File No. 406-1

6. Resolutions Calling for a 2026 General Municipal Election Recommended Action: It is recommended that the City Council adopt the following resolutions in preparation for a November 3, 2026, General Municipal Election:1) Resolution calling for a General Municipal Election for the election of two members of the City Council (Attachment A); 2)Resolution requesting the Board of Supervisors of the County of San Diego to conduct the General Municipal Election and consolidate that election with the Statewide General Election (Attachment B); and 3) Resolution adopting Regulations for Candidates for Elective Office pertaining to the Candidates’ Statements (Attachment C).

Reference: Clerk’s File No. 402-1, 402-3

7. First Amendment to the Agreement with the Del Mar Television Foundation for Television Studio Operations, Broadcast, and Production Services Recommended Action: Staff recommends the City Council: 1) Approve the First Amendment to the agreement with Del Mar Television Foundation (DMTF) (Attachment A) for Television Studio Operations, Broadcast, and Production Services, extending the term of the Agreement and adjusting the fee schedule with a two-percent annual escalator for an additional two-year period ending June 30, 2028; and 2) Authorize the City Manager to execute the Amendment.

Del Mar City Council Regular Meeting May 19, 2026
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 406-1
IX. PUBLIC HEARING

8. City Council Review and Action on the Incomplete Entitlement Application Submittals for the Proposed Seaside Ridge 259-unit Residential Development Project Located at 929 Border Avenue
Recommended Action: Staff recommends that the City Council adopt the Resolution (Attachment A) of this report to deny the Incomplete Application for the Seaside Ridge Development and to adopt an exemption from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Sections 15061(b)(4) and 15270(a), in that CEQA does not apply to a project which a public agency rejects or disapproves.

Reference: Clerk’s File No. 303-1
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS

9. Update on Affordable Housing Efforts and Related Actions Including City Council Direction on Initiation of Planning and Zoning Amendments for Affordable Housing in Preparation for the 7th Cycle Housing Element Recommended Action: Staff recommends the City Council receive a report on the City’s affordable housing efforts and related actions and provide direction for the initiation of amendments to facilitate affordable housing development on the North Bluff properties as part of an existing Tier 2 City Council priority work plan item for Fiscal Years 2026-2027 and 2027-2028 in preparation for the 7th Cycle Housing Element.

Reference: Clerk’s File No. 303-1, 304-7
XII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.

A. Clean Energy Alliance JPA (CEA) Board of Directors (Spelich/Gaasterland) B. CSA-17 Ambulance District Advisory Board (Martinez)
C. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Martinez/Spelich) D. League of California Cities – San Diego Chapter (Martinez/Spelich) E. North County Transit District (NCTD) (Martinez/Spelich) F. Regional Solid Waste Association (Spelich/Quirk)
G. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Spelich)
Del Mar City Council Regular Meeting May 19, 2026
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us H. SANDAG Borders Committee (Gaasterland)
I. SANDAG Regional Planning Committee (Martinez)
J. SANDAG Shoreline Preservation Working Group
(Gaasterland/Spelich/Martinez)
K. SANDAG LOSSAN Executive Task Force (Gaasterland/Martinez) L. San Diego Metropolitan Wastewater Commission/JPA (Worden) M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Gaasterland/Martinez)
N. Other Regional Organization Reports
XIII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.

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

June 2, 2026
2025 Public Safety Recap
Del Mar Community Connections Program Update
Del Mar City Council Regular Meeting May 19, 2026
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Presentation by Greg Wade, CEO of Clean Energy Alliance (CEA) North County Transit District (NCTD) Presentation on Agency Performance Water Testing Services Agreement Contract Award
PRISM Memorandum of Understanding (MOU) Adoption
First Amendment to Agreement for Claims Management Services Del Mar Community Building Use Agreement with Del Mar Foundation De Novo Hearing of Variance V25-002 (355 14th Street)
Adoption of a Resolution Establishing the Date by Which Properties Must Be Ready to Receive Underground Service in the Underground Utility District X1A (Crest Canyon) Phase 1 & 2 Presentation of Affordable Housing Visual Concepts and Council Direction on Overlay Zone Review of Proposed FY 2026-27 Operating and Capital Budget Update XV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 14 day of May, 2026 at approximately 5:20 p.m.
___________________________________________ 5/14/2026
Sarah Krietor, Administrative Services Manager/ Date
City Clerk

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
MAY 5, 2026
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.

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

ROLL CALL

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

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Christina Cameron reported that there were no recusals or reportable actions for the May 5, 2026, Closed Session meeting.

PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
Mayor Martinez opened public oral communications and the following people spoke:
1) Thiago Barranco
2) Alex Jimenez
Mayor Martinez closed public oral communications.

CITY COUNCIL COMMUNITY ANNOUNCEMENTS
Mayor Martinez reported that she toured Vista Detention Facility with the San Diego County Sheriff and other North County elected officials.

CITY MANAGER’S REPORT
City Manager Ashley Jones announced that Bret Davson has been hired to service as the new Fire Chief for the cities of Del Mar and Solana Beach beginning on May 18, 2026; announced a ceremony to dedicate and “push” Del Mar’s new fire engine into service on Sunday, May 31, 2026, from 11:00 a.m. to 1:00 p.m. at the Del Mar Fire Station; and thanked the Del Mar Foundation for their generous grant award of $98,500 to the City for the purchase and outfitting of the new Fire Marshal vehicle.

Council questions focused on the role and tenure of the Interim Fire Chief and a request for a status update on the schedule for the permanent repaving of Stratford Court scheduled for the coming months. 1 May 19, 2026 Item 1
City Council Regular Minutes
May 5, 2026

PRESENTATIONS
ITEM 1: PROCLAMATION DECLARING MAY 9, 2026, AS DEL MAR GARDEN CLUB COMMUNITY GARDEN’S DAY (CLERK’S FILE NO. 1201-5, 1202-17) A proclamation was presented to the Del Mar Garden Club by Mayor Martinez. Del Mar Garden Club President Jill Gartman, along with members of the Garden Club Board, received the proclamation and provided comments. Council expressed appreciation to the Garden Club for their beautification work and partnership with the City on Garden Club maintained community gardens.

Mayor Martinez closed the item to public comment.

ITEM 2: DEL MAR COMMUNITY CONNECTIONS 2026 VOLUNTEER OF THE YEAR PROCLAMATION (CLERK’S FILE NO. 1201-5, 1202-15)
A proclamation honoring Larry Brooks as the Del Mar Community Connections Volunteer of the Year for 2026 was presented by Mayor Martinez. Mr. Brooks provide comments. Council expressed appreciation to Larry Brookes for his volunteer service to DMMC and contributions to the Del Mar community.

Mayor Martinez opened the item to public comment and the following people spoke:
1) Ashley Simpkins, Del Mar Community Connections (DMCC) Executive Director 2) Katie Militello, DMCC President
Mayor Martinez closed the item to public comment.

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

IT WAS MOVED BY COUNCILMEMBER GAASTERLAND, SECONDED BY DEPUTY MAYOR SPELICH TO APPROVE THE CONSENT CALENDAR ITEMS 3 THROUGH 11, AND ITEM 13. (VOTE 4-0)
Ayes: Mayor Martinez; Deputy Mayor Spelich; Councilmembers Gaasterland and Quirk; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

ITEM 3: APPROVAL OF MINUTES: APRIL 21, 2026, REGULAR MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 4: RATIFICATION OF LIST OF DEMANDS, DATED MAY 5, 2026 (CLERK’S FILE NO. 201- 3)
Council approved the list of demands, on consent.

ITEM 5: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
2 May 19, 2026 Item 1
City Council Regular Minutes
May 5, 2026

ITEM 6: RECAP OF THE 2026 CITY COUNCIL GOALS AND PRIORITIES SETTING WORKSHOP AND COUNCIL-APPROVED FY 2026-27 CITY WORK PLAN (CLERK’S FILE NO. 401-1)
Council received report, which included the approved Fiscal Year (FY) 2026-27 City Work Plan reflecting Council feedback from the 2026 City Council Goals and Priorities Setting Workshop, on consent.

ITEM 7: PROPOSED PUBLIC WORKS DEPARTMENT REORGANIZATION (CLERK’S FILE NO. 504-3)
Council adopted Resolution 2026-29 “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DEL MAR, CALIFORNIA, AUTHORIZING THE RECLASSIFICATION OF THE

FACILITIES MANAGER I/II POSITION TO FACILITIES SPECIALIST I/II AND THE

RECLASSIFICATION OF PUBLIC WORKS OPERATIONS MANAGER I/II POSITION TO

PUBLIC WORKS OPERATIONS MANAGER, UPDATING THE LANDSCAPE

SPECIALIST I/II POSITION TITLE, AND AMENDING THE COMPENSATION PLANS

FOR GENERAL EMPLOYEES AND MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES,” on consent.

ITEM 8: AGREEMENT WITH ASCENT ENVIRONMENTAL, INC. FOR THE CLIMATE ACTION

PLAN UPDATE AND GREENHOUSE GAS EMISSIONS INVENTORIES PROJECT (CLERK’S FILE NO. 406-1)
Council approved a Professional Services Agreement with Ascent Environmental, Inc. dba Ascent to develop an updated Climate Action Plan and two new greenhouse gas emissions inventories, on consent.

ITEM 9: TREASURER'S INVESTMENT REPORT FOR THE QUARTER ENDED MARCH 31, 2026 (CLERK’S FILE NO. 102-2, 209-2)
Council received and filed the informational Treasurer’s Investment Report for the quarter ended March 31, 2026, on consent.

ITEM 10: SECOND READING AND ADOPTION OF ORDINANCE PERTAINING TO MEETING ATTENDANCE OF MEMBERS OF CITY COMMITTEES, BOARDS, AND Commissions (CLERK’S FILE NO. 401-4, 401-5)
Council adopted Ordinance 1028 “AN ORDINANCE OF THE CITY COUNCIL OF THE

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

2.30.020 REGARDING THE ATTENDANCE POLICY FOR COUNCIL APPOINTED BOARDS, COMMISSIONS, AND COMMITTEES,” and instead provided that they will be established by Council resolution, on consent.

ITEM 11: APPROVAL OF TASK ORDER AMENDMENT WITH MICHAEL BAKER

INTERNATIONAL FOR THE CITYWIDE CURBSIDE MANAGEMENT INVENTORY (CLERK’S FILE NO. 406-1)
Council approved a $9,000 Task Order Amendment with Michael Baker International for additional parking supply and speed hump data validation and GIS integration for the 3 May 19, 2026 Item 1
City Council Regular Minutes
May 5, 2026

Citywide Curbside Management Inventory; and authorized the City Manager to execute the Task Order Amendment, on consent.

PUBLIC HEARING
ITEM 12: DE NOVO HEARING ON AN APPEAL OF ENCROACHMENT PERMIT (EP) 25-049 (CLERK’S FILE NO. 802-1)
EP Appellant/Applicant: Paul Rael
Appellant’s Address: 1612 Stratford Way (APN: 299-280-47-00) Mayor Martinez provided an overview of the hearing procedure. A presentation was provided by Associate Management Analyst Nestor Machado. Planning and Community Development Director Brindley was available to answer questions.

Council disclosures were as follows: Councilmember Quirk met with the applicant previously and reviewed the agenda materials and red dots; Councilmember Gaasterland spoke with the applicant and visited the site several months ago; Mayor Martinez visited the site twice and read the agenda materials and read dots; and Deputy Mayor Spelich reviewed the agenda materials and red dots.

Council questions focused on when City Council Policy 110 went into effect; public parking available on the subject portion of Stratford Way; signage for public parking; and emergency vehicle access.

The applicant’s representatives Dean Meredith and Bob Scott provided a presentation on behalf of the applicant.

Mayor Martinez opened the item to public comment, and Janet Wilson spoke. Mayor Martinez closed the item to public comment.

Council discussion focused on materials and appearance of the proposed improvements requiring an encroachment permit; parking signage and signage height; City Council Policy 110; and emergency vehicle access.

IT WAS MOVED BY COUNCILMEMBER GAASTERLAND AND SECONDED BY DEPUTY MAYOR

SPELICH TO DIRECT STAFF TO RETURN TO CITY COUNCIL WITH A RESOLUTION APPROVING EP25-049 MAKING THE FINDINGS FOR APPROVAL DUE TO THE PUBLIC BENEFITS

ASSOCIATED WITH THE AESTHETICS AND PERMEABILITY OF THE GRASSCRETE MATERIAL, CREATION OF PUBLIC PARKING, AND EMERGENCY VEHICLE ACCESS; CONDUCT CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STUDIES AS NEEDED; AND INCLUDE A PARKING

SIGNAGE REQUIREMENT WITH THE SIGNAGE APPROVED BY STAFF AND PAID FOR AND INSTALLED BY THE CITY (VOTE 4-0)
Ayes: Mayor Martinez; Deputy Mayor Spelich; Councilmembers Gaasterland and Quirk; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.

CITY COUNCIL OTHER BUSINESS
ITEM 13: COUNCIL CONSIDERATION OF CITY FLAG DISPLAY POLICY (CLERK’S FILE NO. 401-14)
There were no public speakers for the item.
4 May 19, 2026 Item 1
City Council Regular Minutes
May 5, 2026

Council adopted Resolution 2026-30 “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING CITY COUNCIL POLICY 121 PERTAINING TO FLAG DISPLAY AT CITY FACILITIES,” on consent.

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
City Council representatives reported on the Clean Energy Alliance and San Diego Association of Governments (SANDAG).

ADJOURNMENT
Mayor Martinez adjourned the meeting at 6:14 p.m.

Sarah Krietor, Administrative Services
Manager/City Clerk
5 May 19, 2026 Item 1

DEL MAR CITY COUNCIL

SPECIAL MEETING MINUTES

CLOSED SESSION
MAY 5, 2026
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California 92014

CALL TO ORDER
Mayor Tracy Martinez called the meeting to order at 3:30 p.m.

ROLL CALL

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

CLOSED SESSION
A) Conference with Legal Counsel – Existing Litigation
Pond v. Del Mar
San Diego Superior Court Case No. 37-2020-343507-CU-PO-CTL Authority Government Code section 54956.9(d)(1)
Reportable Action: None.

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

ADJOURNMENT
Mayor Martinez adjourned the meeting at 4:20 p.m.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
6 May 19, 2026 Item 1

Vendor Payment Checks $ 1,364,579.78
Voids -
Electronic Fund Transfers (EFT) 532,563.21
Electronic Wires 196,206.67
Total $ 2,093,349.66
Approved by: Approved by:

Marco Camacho Tracy Martinez
Finance Manager/Treasurer Mayor
Date: Date:

Attachments: Check Registers

LIST OF DEMANDS

CITY OF DEL MAR
for
City Council Meeting
May 19, 2026
5/13/26
1 May 19, 2026 Item 2
04/30/2026
Check List
City of Del Mar
1 12:34:08PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 4226 5/1/2026 irs01 IRS, UNITED STATES TREASURY Ben184689 5/1/2026 FEDERAL TAX: PAYMENT 42,845.58 42,845.58 Voucher: 4226
4227 5/1/2026 per01 PERS Ben184691 5/1/2026 PERS CONTRIBUTIONS: PAYMENT 57,209.76 57,209.76 Voucher: 4227
4228 5/1/2026 per02 PERS 457 Ben184693 5/1/2026 CALPERS 457 DEFERRED COMP: PAYMENT 3,238.26 3,238.26 Voucher: 4228
4229 5/1/2026 edd01 EMPLOYMENT DEVELOPMENT DEPT Ben184695 5/1/2026 STATE TAX: PAYMENT 12,491.10 12,491.10 Voucher: 4229
4230 5/1/2026 riv01 CALIFORNIA STATE DISBURSEMENT, RIVERSIDE COUNTY DCSS Ben184697 5/1/2026 REMITTANCE ID # 200000002325259 296.73 296.73 Voucher: 4230
Sub total for GENERAL ACCOUNT US BANK: 116,081.43
Page: 1
2 May 19, 2026 Item 2
04/30/2026
Check List
City of Del Mar
2 12:34:08PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7747 5/1/2026 mis07 107413 STATE ST BANK & TRUST, MS 107413 PLAN 401A Ben184685 5/1/2026 401A PLAN: PAYMENT 555.16 555.16 Voucher: 7747
7748 5/1/2026 mis08 303845 STATE ST BANK & TRUST, MS 457 PLAN OBI 303845 Ben184677 5/1/2026 MISSION SQUARE 457B: PAYMENT 9,905.02 9,905.02 Voucher: 7748
7749 5/1/2026 mis09 803808 STATE ST BANK & TRUST, MS RHS PLAN OBI 803808 Ben184687 5/1/2026 RETIREMENT HEALTH SAVINGS 3%: PAYMENT 748.81 748.81 Voucher: 7749
7750 5/1/2026 uni21 DEL MAR CITY EMPLOYEES ASSOC. Ben184679 5/1/2026 DMCEA DUES: PAYMENT 286.00 286.00 Voucher: 7750
7751 5/1/2026 nat15 NATIONAL BENEFIT SERVICES, LLC, FLEXIBLE BENEFITS DEPT Ben184683 5/1/2026 SEC. 125 FLEXIBLE SAVINGS ACCT: PAYMENT 1,856.19 1,856.19 Voucher: 7751
7752 5/1/2026 par21 U.S. BANK PARS FFC 6746022400, CITYDELMAR ATTN B BERGMAN Ben184681 5/1/2026 PUBLIC AGENCY RETIREMENT SRVCS: PAYMENT 2,121.67 2,121.67 Voucher: 7752
Sub total for EFT GENERAL ACCOUNT US BANK: 15,472.85
Page: 2
3 May 19, 2026 Item 2
04/30/2026
Check List
City of Del Mar
3 12:34:08PM
apChkLst Final Page:
11 checks in this report. Grand Total All Checks: 131,554.28 Page: 3
4 May 19, 2026 Item 2
04/30/2026
Check List
City of Del Mar
1 12:47:02PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7736 5/1/2026 cha71 CHARTER COMM HOLDINGS LLC, CHARTER COMMUNICATIONS 189123701041426 4/14/2026 FIBER CONNECTION PW APR 572.67 Voucher: 7736 189125301041426 4/14/2026 TELEPHONE APR 494.57 189123401041426 4/14/2026 TELEPHONE APR 494.57
189123101041426 4/14/2026 CABLE/INTERNET PW APR 240.33
189123001041426 4/14/2026 TELEPHONE APR 100.00 1,902.14 7737 5/1/2026 del02 DEL MAR BLUE PRINT CO, INC641883 4/20/2026 PRINTING SRVCS CS 38.66 38.66 Voucher: 7737
7738 5/1/2026 dev02 DEVANEY PATE MORRIS & CAMERON 11637 4/16/2026 LEGAL FEES MAR 21,713.50 Voucher: 7738 11642 4/16/2026 CITY ATTORNEY MAR 19,220.00 11636 4/16/2026 LEGAL FEES MAR 13,941.86
11638 4/16/2026 LEGAL FEES MAR 2,347.00
11633 4/13/2026 LEGAL FEES MAR 195.20 57,417.56
7739 5/1/2026 dix01 DIXIELINE LUMBER CO 06-0638837 4/10/2026 OPERATING SUPP CS 231.22 Voucher: 7739 06-0640387 4/22/2026 OPERATING SUPP PW 98.81 06-0640384 4/22/2026 OPERATING SUPP PW 83.13
06-0639867 4/17/2026 OPERATING SUPP FIRE 69.51
06-0639603 4/16/2026 OPERATING SUPP PW 56.34
06-0639669 4/16/2026 OPERATING SUPP PW 43.21
06-0639843 4/17/2026 OPERATING SUPP FIRE 37.82
06-0639843A 4/17/2026 OPERATING SUPP PW 37.82
06-0640213 4/22/2026 OPERATING SUPP FIRE 29.81
06-0639928 4/20/2026 OPERATING SUPP FIRE 14.27 701.94
7740 5/1/2026 duk01 DUDEK 202603723 4/22/2026 SD LAGOON ENV SVCS MAR 8,002.50 8,002.50 Voucher: 7740
7741 5/1/2026 fer07 FERGUSON ENTERPRISES LLC, DBA FERGUSON WATERWORKS 0905642 4/21/2026 WATER METER PARTS 2,014.16 Voucher: 7741 0905229 4/14/2026 WATER METER PARTS 1,876.59 3,890.75 7742 5/1/2026 ips02 IPS GROUP INC INV124317 4/24/2026 BATTERY PACK ASMBLY 2,653.50 Voucher: 7742 INV124315 4/24/2026 PARKING SUPPLIES 1,435.50 4,089.00 7743 5/1/2026 ful01 KURT MORGAN 45073 4/24/2026 BUSINESS CARDS 59.25 59.25 Voucher: 7743
7744 5/1/2026 mit03 MITSUBISHI ELECTRIC PWR PROD CPS-M0028339 4/9/2026 COMPUTER MAINT 1,731.00 1,731.00 Voucher: 7744
7745 5/1/2026 san107 SAN DIEGO DIVERS 8271 4/22/2026 DIVE EQUIP CS 26.25 26.25 Voucher: 7745
Page: 1
5 May 19, 2026 Item 2
04/30/2026
Check List
City of Del Mar
2 12:47:02PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7746 5/1/2026 wex01 WEX BANK 112019748 4/23/2026 GAS & OIL CS APR 1,430.06 1,430.06 Voucher: 7746
Sub total for EFT GENERAL ACCOUNT US BANK: 79,289.11
Page: 2
6 May 19, 2026 Item 2
04/30/2026
Check List
City of Del Mar
3 12:47:02PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 141067 5/1/2026 acm05 ACME SAFETY & SUPPLY CORP173667-00 4/18/2026 JDB FLAGGERS 1,535.00 1,535.00 Voucher: 141067
141068 5/1/2026 adt02 ADT SECURITY SERVICES 1210191061 4/13/2026 ALARM PW MAY 138.90 138.90 Voucher: 141068
141069 5/1/2026 ame54 AMERICAN BUSINESS BANK 04272026 4/27/2026 JDB PAVING ESCROW #1 4,750.75 4,750.75 Voucher: 141069
141070 5/1/2026 sbc03 AT&T 9391054486 4/20/2026 TELEPHONE APR 187.08 Voucher: 141070 9391026230 4/20/2026 TELEPHONE APR 63.44 9391031506 4/20/2026 TELEPHONE APR 62.26 312.78
141071 5/1/2026 bar29 BARNETT QUALITY CONTROL SRVCS, DBA NOVA SRVCS INC 26858 4/11/2026 JDB BLUFF PROJECT 4,357.00 Voucher: 141071 26859 4/11/2026 UTILITY UG DIST 1A 1,806.40 6,163.40 141072 5/1/2026 cal13 CALIFORNIA BANK & TRUST 04272026 4/27/2026 UUD-X1A CREST CNYN 57,548.92 57,548.92 Voucher: 141072
141073 5/1/2026 chi03 CHICAGO TITLE COMPANY 73726002913-1 4/14/2026 TITLE REPORT 750.00 750.00 Voucher: 141073
141074 5/1/2026 sta20 COLT SERVICES INC. 1579816 4/17/2026 CARPET CLEANING CH 3,027.34 3,027.34 Voucher: 141074
141075 5/1/2026 cra16 CRAMER, GREGORY 04202026 4/20/2026 CITATION REFUND 62.00 62.00 Voucher: 141075
141076 5/1/2026 dal14 DALIFUME, DOMINIC 04232026 4/23/2026 CITATION REFUND 121.00 121.00 Voucher: 141076
141077 5/1/2026 dat05 DATEL SYSTEMS INCORPORATED SI500962 4/21/2026 ELEVATOR CAMERA REPAIR 1,435.59 1,435.59 Voucher: 141077
141078 5/1/2026 lee01 DCL ENTERPRISES INC DBA, LEE'S LOCK & SAFE 0000097771 4/23/2026 MAINT/REPAIR PHCC 235.00 235.00 Voucher: 141078
141079 5/1/2026 del94 DEL MAR WOMENS GIVING, COLLECTIVE 04152026 4/15/2026 PHCC EVENT 2026-201 800.00 800.00 Voucher: 141079
141080 5/1/2026 gar24 GARCIA, CHRISTOPHER 04232026 4/23/2026 CITATION REFUND 109.00 109.00 Voucher: 141080
141081 5/1/2026 ats01 GARDA CL WEST LOCKBOX #233209 10817503 6/1/2025 ARMORED TRANSPORT SERVICES 717.64 717.64 Voucher: 141081
141082 5/1/2026 gov04 GOVCONNECTION, INC. 77555086 4/21/2026 EDITING COMPUTER 1,942.25 1,942.25 Voucher: 141082
141083 5/1/2026 gra27 GRANITE CONSTRUCTION COMPANY 3191445 4/22/2026 COLD PATCH ASPHALT 1,887.90 1,887.90 Voucher: 141083
Page: 3
7 May 19, 2026 Item 2
04/30/2026
Check List
City of Del Mar
4 12:47:02PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 141084 5/1/2026 haz01 HAZARD CONSTRUCTION CO04272026 4/27/2026 JDB PAVING #1 90,264.25 90,264.25 Voucher: 141084
141085 5/1/2026 lal01 JOHN B LALLEY JR, DBA LALLEY CONSTRUCTION S 254 1/27/2026 ELECTR SRVCS PW 985.00 985.00 Voucher: 141085
141086 5/1/2026 kuh01 KUHN, LOREN 04242026 4/24/2026 CITATION REFUND 603.00 603.00 Voucher: 141086
141087 5/1/2026 mcn05 MCNANIE, MIHI 04232026 4/23/2026 CITATION REFUND 336.00 336.00 Voucher: 141087
141088 5/1/2026 mid04 MIDLAND, ANNETTE 04232026 4/23/2026 CITATION REFUND 275.00 275.00 Voucher: 141088
141089 5/1/2026 mis13 MISSION COAST PLUMBING INC2907 4/22/2026 WATER HEATER CS 3,385.00 3,385.00 Voucher: 141089
141090 5/1/2026 mun07 MUNICIPAL MAINTENANCE EQUIP 048503 4/15/2026 REPLACE ROTARY UNION 1,922.64 1,922.64 Voucher: 141090
141091 5/1/2026 con17 OCCUPATIONAL HEALTH CTRS, OF CALIFORNIA, A MEDICAL 90525115 4/8/2026 EMPLOYEE TESTING APR 642.00 642.00 Voucher: 141091
141092 5/1/2026 por10 PORTABLE STORAGE CORP 172585 4/20/2026 STORAGE CS MAY 176.00 176.00 Voucher: 141092
141093 5/1/2026 pro24 PROGRESSIVE TECHNOLOGY, SECURITY SYSTEMS, INC 71629 4/22/2026 ALARM MONITORING 301.52 301.52 Voucher: 141093
141094 5/1/2026 san138 SAN DIEGO ELEVATOR & LIFTS7103002 3/18/2026 LIFT MAINT - PH 150.00 Voucher: 141094 7103003 3/18/2026 LIFT REPAIRS - PH 1,100.00 1,250.00 141095 5/1/2026 sdg01 SAN DIEGO GAS & ELECTRIC0042219840632 4/16/2026 UTILITIES MAR 4,200.02 4,200.02 Voucher: 141095
141096 5/1/2026 sde01 SD ELECTRIC BIKE LLC, DBA SD ELECTRIC BIKE 16340 4/15/2026 ELEC BIKE EQUIP CS 218.80 Voucher: 141096 16165 4/15/2026 ELEC BIKE EQUIP CS 125.74 344.54 141097 5/1/2026 sig12 SIGNA DIGITAL SOLUTIONS INCAR-S345932 4/24/2026 COPIER PW 482.94 482.94 Voucher: 141097
141098 5/1/2026 sin08 SINGLETARY, JULIE 20260409 4/22/2026 METER UPGRADE DEP REFUND 2,141.97 2,141.97 Voucher: 141098
141099 5/1/2026 son02 SONSRAY MACHINERY LLC SWO086373-1 1/30/2026 CATERPILLER REPAIRS PW 4,552.70 Voucher: 141099 SWO080819-1 9/30/2025 TRAILER REPAIRS PW 826.17 PSO219697-1 3/24/2026 BACKHOE PARTS 133.24
SWO079113-1 9/30/2025 LOADER REPAIR PW 83.37 5,595.48
Page: 4
8 May 19, 2026 Item 2
04/30/2026
Check List
City of Del Mar
5 12:47:02PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 141100 5/1/2026 sta42 STAHL, SHELBY 04242026 4/24/2026 CITATION REFUND 109.00 109.00 Voucher: 141100
141101 5/1/2026 str31 STRONG MOBILE DIESEL LLC240001962 4/7/2026 VEH MAINT PW 189.22 189.22 Voucher: 141101
141102 5/1/2026 swi06 SWIERCZEWSKI, TREVEN 04232026 4/23/2026 CITATION REFUND 105.00 105.00 Voucher: 141102
141103 5/1/2026 tcc01 TC CONSTRUCTION COMPANY, INC 04272026 4/27/2026 UUD-X1A CREST CNYN 1,093,429.58 1,093,429.58 Voucher: 141103
141104 5/1/2026 ter01 TERMINIX INT CO LTD, PARTNERSHIP 471115102 4/17/2026 PEST CONTROL FIRE - APR 94.00 94.00 Voucher: 141104
141105 5/1/2026 dis05 THE REINALT-THOMAS CORP, DISCOUNT TIRE 5070616863 4/24/2026 VEHICLE MAINT PW 144.62 144.62 Voucher: 141105
141106 5/1/2026 ver12 VERIZON 6141392994 4/18/2026 TELEPHONE MAR 354.56 Voucher: 141106 872374736-00004 4/18/2026 TELEPHONE APR 225.99 570653198-00006 4/18/2026 TELEPHONE APR 186.14
570653198-00009 4/18/2026 TELEPHONE APR 60.64
570653198-00007 4/18/2026 TELEPHONE APR 38.01 865.34
141107 5/1/2026 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83891132 4/21/2026 JANITORIAL SUPPLIES 118.28 118.28 Voucher: 141107
Sub total for GENERAL ACCOUNT US BANK: 1,289,497.87
Page: 5
9 May 19, 2026 Item 2
04/30/2026
Check List
City of Del Mar
6 12:47:02PM
apChkLst Final Page:
52 checks in this report. Grand Total All Checks: 1,368,786.98 Page: 6
10 May 19, 2026 Item 2
05/05/2026
Check List
City of Del Mar
1 1:11:52PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7753 5/5/2026 lif06 GEN DIGITAL INC. 10010678974 4/15/2026 VOL LIFELOCK BENEFITS 135.92 135.92 Voucher: 7753
7754 5/5/2026 leg04 LEGALACCESSPLANS USA, CREDIT TO 1000178 66427 4/1/2026 VOL LEGAL EASE INSURANCE: PAYMENT 125.65 125.65 Voucher: 7754
Sub total for EFT GENERAL ACCOUNT US BANK: 261.57
Page: 1
11 May 19, 2026 Item 2
05/05/2026
Check List
City of Del Mar
2 1:11:52PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 8161 5/5/2026 hea02 HEALTH NET BFC29AMAY26 4/15/2026 HEALTH INS MAY 44,664.49 44,664.49 Voucher: 8161
8162 5/5/2026 kai01 KAISER PERMANENTE 475311855406 4/10/2026 HEALTH INS MAY 15,094.47 15,094.47 Voucher: 8162
8163 5/5/2026 mut01 MUTUAL OF OMAHA 002086840664 4/16/2026 AD&D LIFE B&D MAY 4,760.25 4,760.25 Voucher: 8163
8164 5/5/2026 pri11 PRINCIPAL FINANCIAL GROUP, PLIC-SBD GRAND ISLAND 1003938-10001MAY26 4/16/2026 DENTAL/VISION INS MAY 5,545.10 5,545.10 Voucher: 8164
8165 5/5/2026 sun11 SUN LIFE ASSURANCE CO, OF CANADA 915639-0001MAY264/17/2026 FF LIFE INS MAY 54.00 54.00 Voucher: 8165
8166 5/5/2026 cal62 CALPERS 100000018273831 4/13/2026 REPLACEMENT BENEFIT FUNDS 9,618.93 9,618.93 Voucher: 8166
8167 5/5/2026 edd01 EMPLOYMENT DEVELOPMENT DEPT L1526135344 4/24/2026 UI BENEFIT CHARGE Q1 2026 388.00 388.00 Voucher: 8167
141108 5/5/2026 cap01 CAPF CA PUBLIC SAFETY ADMIN Ben184478 4/17/2026 CAPF: PAYMENT 234.00 234.00 Voucher: 141108
Sub total for GENERAL ACCOUNT US BANK: 80,359.24
Page: 2
12 May 19, 2026 Item 2
05/05/2026
Check List
City of Del Mar
3 1:11:52PM
apChkLst Final Page:
10 checks in this report. Grand Total All Checks: 80,620.81 Page: 3
13 May 19, 2026 Item 2
05/07/2026
Check List
City of Del Mar
1 2:29:35PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7755 5/8/2026 zep01 ACUITY SPECIALTY PRODUCTS INC, ZEP MANUFACTURING CO 9012715067 4/28/2026 CLEANING SUPP FIRE 276.09 276.09 Voucher: 7755
7756 5/8/2026 kay01 ADAM KAYE APR-26 4/30/2026 COMM SRVCS APR 4,275.00 4,275.00 Voucher: 7756
7757 5/8/2026 avi03 AVI SYSTEMS INC, DBA FORTE89155553 4/30/2026 CABLECAST SYSTEM UPGRADE 36,957.56 36,957.56 Voucher: 7757
7758 5/8/2026 cal81 CALLTOWER INC 203164082 4/25/2026 TELEPHONE MAY 249.32 249.32 Voucher: 7758
7759 5/8/2026 sun07 CENTRALSQUARE TECH LLC463884 5/4/2026 TRAKIT MAINT PMT Q4 8,757.23 8,757.23 Voucher: 7759
7760 5/8/2026 cha71 CHARTER COMM HOLDINGS LLC, CHARTER COMMUNICATIONS 84484100601714634/13/2026 INTERNET PHCC APR 156.69 156.69 Voucher: 7760
7761 5/8/2026 civ02 CIVIC SOLUTIONS INC 107923 3/2/2026 CONSULTING SRVCS FEB 11,800.00 Voucher: 7761 108106 4/1/2026 CONSULTING SRVCS MAR 5,624.00 108107 4/1/2026 CONSULTING SRVCS MAR 1,118.00
107924 3/2/2026 CONSULTING SRVCS FEB 817.00 19,359.00
7762 5/8/2026 coa21 COAST NEWS GROUP 00160965 4/24/2026 AD - PUBLIC HEARING EP25-049 116.25 116.25 Voucher: 7762
7763 5/8/2026 cor15 CORONADO MOBILE STORAGE INC MAY-26 5/1/2026 STORAGE CONTRS APR 255.00 255.00 Voucher: 7763
7764 5/8/2026 cor22 CORVEL CORPORATION 2023690 4/3/2026 MED MAINT - APR 256.00 256.00 Voucher: 7764
7765 5/8/2026 del14 DEL MAR VILLAGE ASSOCIATION 11 4/30/2026 DMVA AGRMNT MAR 30,834.73 30,834.73 Voucher: 7765
7766 5/8/2026 dev02 DEVANEY PATE MORRIS & CAMERON 11368 2/17/2026 LEGAL FEES JAN 634.40 Voucher: 7766 11558 3/17/2026 LEGAL FEES FEB 195.20 829.60 7767 5/8/2026 dix01 DIXIELINE LUMBER CO 06-0640549 4/23/2026 OPERATING SUPP CS 516.94 Voucher: 7767 06-0640593 4/24/2026 OPERATING SUPP CS 71.25 06-0641042 4/28/2026 OPERATING SUPP - FIRE 45.66 633.85 7768 5/8/2026 lif01 LIFE-ASSIST 2109490 4/24/2026 AMBULANCE SUPP FIRE 152.25 152.25 Voucher: 7768
7769 5/8/2026 mic11 MICHAEL BAKER INTERNATIONAL 1283985 4/24/2026 CITY ENGR SRVCS MAR 44,487.50 Voucher: 7769 1283305 4/17/2026 CITY ENGR SRVCS FEB 15,424.30 59,911.80 Page: 1
14 May 19, 2026 Item 2
05/07/2026
Check List
City of Del Mar
2 2:29:35PM
apChkLst Final Page:

Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7770 5/8/2026 pho01 PHOENIX GROUP INFO SYSTEMS 032026036 4/20/2026 CITE SERVICES - MAR 21,286.18 Voucher: 7770 0320261036 4/20/2026 ADMIN CITE SRVCS - MAR 407.98 21,694.16 7771 5/8/2026 pit01 PITNEY BOWES GLOBAL FIN SRVCS 04122026 4/12/2026 POSTAGE APR 7,194.24 7,194.24 Voucher: 7771
7772 5/8/2026 pit06 PITNEY BOWES INC 1029361767 4/28/2026 POSTAGE MACHINE APR 549.66 549.66 Voucher: 7772
7773 5/8/2026 red04 REDFLEX TRAFFIC SYSTEMS INC INV0121754 4/30/2026 RED LIGHT CAMERA APR 5,441.49 5,441.49 Voucher: 7773
7774 5/8/2026 san12 SAN DIEGO COUNTY SHERIFF04272026 4/27/2026 LAW ENF MAR 235,139.76 235,139.76 Voucher: 7774
7775 5/8/2026 tow05 TOWNSEND PUBLIC AFFAIRS INC 25244 5/1/2026 TOWNSEND PUBLIC AFFAIRS, INC. 4,500.00 4,500.00 Voucher: 7775
Sub total for EFT GENERAL ACCOUNT US BANK: 437,539.68
Page: 2
15 May 19, 2026 Item 2
05/07/2026
Check List
City of Del Mar
3 2:29:35PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 141109 5/8/2026 sbc03 AT&T 9391026231 4/20/2026 TELEPHONE APR 62.26 Voucher: 141109 9391026228 4/20/2026 TELEPHONE APR 31.92 94.18 141110 5/8/2026 cal64 CALIF CITY MGT FOUNDATION10297 4/28/2026 MEMBERSHIPS FY26-27 A JONES 400.00 400.00 Voucher: 141110
141111 5/8/2026 cin02 CINTAS 5333810108 5/4/2026 FIRST AID KIT SUPP CH 42.30 42.30 Voucher: 141111
141112 5/8/2026 cou01 COUNTY OF SAN DIEGO 04092026 4/9/2026 PARKING BAIL MAR 30,748.50 30,748.50 Voucher: 141112
141113 5/8/2026 cul06 CRH CALIFORNIA WATER, INC. 1521614 4/30/2026 WATER CH - APR 19.97 19.97 Voucher: 141113
141114 5/8/2026 lee01 DCL ENTERPRISES INC DBA, LEE'S LOCK & SAFE 0000097782 4/30/2026 HARDWARE REPAIR PHCC 4,957.58 4,957.58 Voucher: 141114
141115 5/8/2026 evo02 EVOTEK, INC. INV44216 4/6/2026 COMPUTER MAINT 53.64 53.64 Voucher: 141115
141116 5/8/2026 far18 FARLEY, MICHAEL 04292026 4/29/2026 PHCC REFUND: 2026-178 800.00 800.00 Voucher: 141116
141117 5/8/2026 fer01 FERRELLGAS LP 1133202516 2/27/2026 PROPANE FIRE 279.44 279.44 Voucher: 141117
141118 5/8/2026 gal02 GALLS LLC 034673791 4/8/2026 UNIFORMS CS 115.19 Voucher: 141118 034829791 4/23/2026 UNIFORMS CS 111.75
034649005 4/6/2026 UNIFORMS CS 102.69
034719257 4/13/2026 UNIFORMS CS 40.83 370.46
141119 5/8/2026 kin02 KING GRAPHICS 52030 5/1/2026 UNIFORMS CS 748.74 Voucher: 141119 52029 5/1/2026 UNIFORMS CS 146.81 895.55 141120 5/8/2026 lnc01 L.N. CURTIS & SONS INV1047561 3/12/2026 TOOLS - FIRE 20,904.97 Voucher: 141120 CM52723 4/10/2026 TOOLS REFUND FIRE -2,039.88 18,865.09 141121 5/8/2026 con17 OCCUPATIONAL HEALTH CTRS, OF CALIFORNIA, A MEDICAL 90622506 4/15/2026 EMPLOYEE TESTING APR 214.00 214.00 Voucher: 141121
141122 5/8/2026 fir12 PAUL ROTTENBERG, DBA FIRESTATS LLC 2026-480 4/20/2026 FIRE STATS PROG APR 125.00 125.00 Voucher: 141122
141123 5/8/2026 rod10 RODARTE, CHRISTOPHER 04272026 4/27/2026 PHCC REFUND: 2025-418 800.00 800.00 Voucher: 141123
141124 5/8/2026 sdg02 SAN DIEGO GAS & ELECTRIC0012620915489 5/1/2026 UTILITIES APR 68.97 68.97 Voucher: 141124
Page: 3
16 May 19, 2026 Item 2
05/07/2026
Check List
City of Del Mar
4 2:29:35PM
apChkLst Final Page:

Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 141125 5/8/2026 san112 SAN DIEGO HUMANE SOCIETY, & SPCA MAY-26 5/1/2026 ANIMAL SERVICES 4,388.00 4,388.00 Voucher: 141125
141126 5/8/2026 sch69 SCHMIDT DESIGN GROUP INC25-412_04 1/31/2026 LANDSCAPE CONSULT SHORES 9,203.30 9,203.30 Voucher: 141126
141127 5/8/2026 sig12 SIGNA DIGITAL SOLUTIONS INCAR-S345993 4/27/2026 COPIER CH APR 1,903.30 1,903.30 Voucher: 141127
141128 5/8/2026 uni25 STAXUP - UNITS LLC 19329 5/5/2026 STORAGE CS MAY 289.85 289.85 Voucher: 141128
141129 5/8/2026 t-mo01 T-MOBILE USA INC 216066393202604 3/21/2026 FIRE PHONE SERVICES 210.74 Voucher: 141129 216066393 4/21/2026 TELEPHONE APR 118.04 328.78 Sub total for GENERAL ACCOUNT US BANK: 74,847.91
Page: 4
17 May 19, 2026 Item 2
05/07/2026
Check List
City of Del Mar
5 2:29:35PM
apChkLst Final Page:
42 checks in this report. Grand Total All Checks: 512,387.59 Page: 5
18 May 19, 2026 Item 2
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: May 19, 2026
SUBJECT: Fiscal Year 2026-2027 Senate Bill 1 Funding for the City’s Pavement Management Program
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (Attachment A) establishing the list of Fiscal Year (FY) 2026-2027 projects to be funded by Senate Bill 1 (SB1) from the State of California.

BACKGROUND:

The purpose of SB1 is to address the State’s significant multi-modal transportation funding shortfalls. The Road Repair and Accountability Act of 2017 created the State’s Road Maintenance and Rehabilitation Account (RMRA), providing supplemental funding to cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. Funding for SB1 comes from State gas tax and vehicle fees.

SB1 requires cities to develop and adopt a list of projects proposed to be funded by RMRA by resolution. If a city does not submit the list of projects as required each fiscal year, the city forfeits the funding. In addition, the law requires cities to commit additional local funds for street, road, and highway purposes.

Most recently, on June 2, 2025, the City Council adopted Resolution 2025-13 approving the list of projects, including the FY 2025-2026 Citywide Annual Pavement Rehabilitation Project, to receive SB1 funding from the State.

DISCUSSION/ANALYSIS:

In FY 2026-2027, the City is projected to receive an estimated $110,859 in RMRA funding (Attachment B). This is an estimate based on projections of tax revenue and is subject to change. Staff proposes to use the funding to supplement pavement rehabilitation costs 1 May 19, 2026 Item 4
City Council Agenda Report
Senate Bill 1 Funding for the City’s Pavement Management Program May 19, 2026

for areas included in the upcoming FY 2026-2027 Pavement Rehabilitation Project, as shown in the following table.

Project Title Project
Description
Project
Location(s)
Est. Project
Construction
Schedule
Est.

Project
Useful Life
FY 2026-2027
Pavement
Rehabilitation
Project
(40.7000.7009)
Repair and
replacement of
AC pavement in
City of Del Mar’s
Pavement
Management
Program
At various locations
in the City;
segments listed in
the City’s FY 2026-
2027 budget
document
Start:

September
2026
Complete:

June 2027
25 years
Pavement rehabilitation segments will be advertised for bid later this calendar year as part of a Capital Improvement Program project considered and approved by the City Council during the City’s annual budgeting cycle.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this item. SB1 funding totaling $110,859 will be included in the FY 2026-2027 Operating and Capital Budget Update for Council consideration and adoption in June 2026.

ENVIRONMENTAL IMPACT:

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

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The annual Pavement Rehabilitation Project is a Tier 1 City Council priority item.

ATTACHMENTS:

Attachment A – Resolution Adopting SB1 Projects for FY 2026-2027 Attachment B – Local Streets and Roads Projected FY 2026-2027 Revenues 2 May 19, 2026 Item 4

ATTACHMENT A
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2026-27 FUNDED BY SB1: THE ROAD REPAIR
AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of the City of Del Mar (City) are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) each fiscal year, including a description and location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $110,859 in RMRA funding in Fiscal Year 2026-27 from SB1; and
WHEREAS, this is the tenth year in which the City is receiving SB1 funding, which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and WHEREAS, the City has undergone a public process to solicit public input regarding the community’s transportation priorities/project list; and WHEREAS, the City used the 2024 Pavement Management Program assessment report to develop the SB1 project list to ensure revenues are being used on the highest priority and most cost-effective projects that also meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB1 will help the City maintain and rehabilitate roads and active transportation infrastructure throughout the City this year, as well as many similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in good condition, and this revenue will help increase the overall quality of the City’s road system and bring City streets and roads into better condition over the next decade; and WHEREAS, the SB1 project list and City’s overall investment in local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete 3 May 19, 2026 Item 4
Resolution No. 2026-XX

streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide; and
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 following list of newly proposed projects will be funded in part or solely with Fiscal Year 2026-27 Road Maintenance and Rehabilitation Account (RMRA) revenues:

Project Title Project
Description
Project
Location(s)
Est. Project
Construction
Schedule
Est. Project
Useful Life
FY 2026-27
Pavement
Rehabilitation
Project
(40.7000.7009)
Repair and
replacement of AC
pavement in City of
Del Mar’s Pavement
Management
Program
At various locations
in the City;
segments listed in
the City’s FY 2026-
2027 budget
document
Start:
09/26
Complete:
06/27
25 years
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 19th day of May, 2026. _____________________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Christina Cameron, City Attorney
City of Del Mar
4 May 19, 2026 Item 4
Resolution No. 2026-XX

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2026-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 19th day of May, 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 May 19, 2026 Item 4
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide re 2025-26 2026-27Estimated January 2026 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

SAN DIEGO COUNTY
CARLSBAD 3,079,766 3,357,142 6,436,907 3,419,140 3,265,115 6,684,254 CHULA VISTA 7,447,487 8,097,248 15,544,734 8,247,171 7,895,697 16,142,868 CORONADO 622,051 684,886 1,306,937 697,408 659,488 1,356,896 DEL MAR 104,566 119,281 223,847 121,386 110,859 232,246 EL CAJON 2,813,864 3,068,570 5,882,434 3,125,215 2,983,211 6,108,426 ENCINITAS 1,639,712 1,791,811 3,431,522 1,824,819 1,738,394 3,563,213 ESCONDIDO 4,003,976 4,360,149 8,364,124 4,440,752 4,244,946 8,685,698 IMPERIAL BEACH 703,380 774,149 1,477,529 788,309 745,711 1,534,020 LA MESA 1,611,976 1,761,710 3,373,686 1,794,160 1,708,989 3,503,149 LEMON GROVE 745,355 819,703 1,565,057 834,707 790,212 1,624,919 NATIONAL CITY 1,560,553 1,705,903 3,266,455 1,737,318 1,654,471 3,391,789 OCEANSIDE 4,614,038 5,022,223 9,636,261 5,115,107 4,891,724 10,006,831 POWAY 1,333,318 1,459,294 2,792,612 1,486,135 1,413,561 2,899,695 SAN DIEGO 37,288,565 40,492,530 77,781,095 41,243,176 39,532,696 80,775,872 SAN MARCOS 2,570,432 2,801,883 5,372,316 2,853,628 2,725,128 5,578,756 SANTEE 1,578,787 1,725,692 3,304,480 1,757,475 1,673,803 3,431,278 SOLANA BEACH 343,684 380,786 724,470 387,705 364,368 752,073 VISTA 2,688,893 2,930,444 5,619,337 2,984,573 2,850,718 5,835,291 County of San Diego 63,831,470 76,367,553 140,199,023 77,791,049 67,673,027 145,464,076 Total Cities & County: San Diego 138,581,872 157,720,957 296,302,828 160,649,233 146,922,119 307,571,351

SAN FRANCISCO COUNTY
SAN FRANCISCO - City Allocation 23,130,133 23,639,540 46,769,673 24,078,779 24,522,170 48,600,949 SAN FRANCISCO - County Allocation 11,969,329 12,361,097 24,330,426 12,590,824 12,689,677 25,280,501 Total San Francisco 35,099,462 36,000,637 71,100,099 36,669,602 37,211,847 73,881,450

SAN JOAQUIN COUNTY
ESCALON 197,011 218,722 415,733 222,654 208,868 431,522 LATHROP 1,021,472 1,109,582 2,131,053 1,129,971 1,082,947 2,212,918 LODI 1,775,666 1,922,357 3,698,023 1,957,801 1,882,531 3,840,331 MANTECA 2,480,714 2,680,766 5,161,479 2,730,283 2,630,010 5,360,293 MOUNTAIN HOUSE 762,081 831,537 1,593,618 844,771 807,945 1,652,716 RIPON 423,134 463,959 887,093 472,405 448,600 921,005
STOCKTON 8,492,248 9,149,781 17,642,030 9,319,294 9,003,336 18,322,630 TRACY 2,599,333 2,808,363 5,407,696 2,860,248 2,755,768 5,616,016 County of San Joaquin 19,618,834 20,959,126 40,577,960 21,353,886 20,799,551 42,153,437 Total Cities & County: San Joaquin 36,608,412 39,312,655 75,921,067 40,046,542 38,811,609 78,858,152 January 2026 CaliforniaCityFinance.com Page 15 of 21
To view the full Local Streets and Roads-Projected Revenues, please visit: https://www.californiacityfinance.com/LSRcicoSummaryFy26Fy27.pdf ATTACHMENT B 6 May 19, 2026 Item 4
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
Polly Robertson, Management Analyst
Via Ashley Jones, City Manager
DATE: May 19, 2026
SUBJECT: Construction Contract with Southland Paving, Inc. for Fiscal Year 2025- 2026 Asphalt Roadway Patch Repairs
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Award a $75,000 construction contract to Southland Paving, Inc. (Attachment A) for Fiscal Year (FY) 2025-2026 asphalt roadway patch repairs; and 2) Authorize the City Manager to execute the contract.

BACKGROUND:

The City performs asphalt patch repairs every fiscal year to address safety concerns and maintain the integrity of the City’s paved streets. This work restores the pavement network by focusing on repairing potholes after they emerge, repairing pavement damage caused by nearby tree roots, and restoring pavement following City repairs of underground infrastructure. Separately, the City proactively budgets for larger paving projects as part of the City’s annual workplan and budget setting processes.

In addition to the pothole filling and minor roadway repairs performed by City staff, the City contracts with third-party licensed contractors annually to perform additional asphalt repairs. Hiring third-party contractors for this work is a common and cost effective municipal practice that ensures efficient and high quality repairs through licensed contractors that have specialized equipment and experienced crews. Additional asphalt patch repair work was completed in December 2025, by Portillo Concrete.

DISCUSSION/ANALYSIS:

The City maintains a list of necessary small-area pavement repairs, which is the basis for the asphalt patch repair work completed by the City annually. Staff conducted a procurement process in accordance with DMMC Chapter 7.20 – Alternative Bid Procedures for Public Works Projects, and negotiated a contract with Southland Paving, Inc. in the amount of $75,000. Southland Paving is a local contractor with California 1 May 19, 2026 Item 5
City Council Agenda Report
FY 2025-26 Asphalt Roadway Repairs
May 19, 2026

license classifications A (General Engineering), C-12 Earthwork and Paving, and C-31 (Construction Zone Traffic Control).

The scope of work and locations to be addressed as part of this contract are included in the construction contract with Southland Paving, Inc. (Attachment A).

FISCAL IMPACT:

There is no fiscal action to be taken by the Council related to this agenda item. Sufficient funds are available for the project in the FY 2025-2026 Capital Budget as presented in the table below:

Account # Account Budget

40.7000.7009 Pavement Rehabilitation $51,000

44.7000.7009 TransNet (DM-01) $24,000
TOTAL $75,000
ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in the California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have the potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. While the Council action to award a construction contract is not subject to CEQA, the asphalt roadway repair work to be completed is Categorically Exempt in accordance with CEQA Guidelines 15301(c) in that the work to be performed includes the maintenance and repair of existing facilities.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The annual Asphalt Roadway Patch Repairs Project is a Tier 1 City Council priority item.

At the 2026 City Council Goals and Priorities Setting Workshop.

ATTACHMENTS:

Attachment A – Construction Contract with Southland Paving, Inc. 2 May 19, 2026 Item 5

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND SOUTHLAND PAVING, INC.

FOR FY 2025-2026 ASPHALT ROADWAY REPAIRS

This Construction Contract (“Contract”) is made and entered into by and between the City of Del Mar, a municipal corporation, hereinafter referred to as the "City," and Southland Paving, Inc. hereinafter referred to as the “Contractor” (collectively “Parties”).

RECITALS
WHEREAS, the City requires a general contractor to construct a Public Works project generally described as the FY 2025-2026 Asphalt Roadway Repairs Project hereinafter referred to as the “Project.”
WHEREAS, the Contractor represents itself as possessing the necessary skills and qualifications to construct the Project required by the City and possesses the required contractor’s license of the appropriate classifications.

NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, and in consideration of the payments and agreements hereinafter mentioned, the Parties agree as follows:

1. CONTRACTOR'S OBLIGATIONS.

1.1 Contractor shall perform the scope of work shown in the Attachment A hereinafter referred to as the “Work”, as such term is defined by the Standard Specifications for Public Works Construction, latest version (GREENBOOK).

1.2 The Contractor agrees, at the Contractor's own proper cost and expense, to do all the Work and furnish all the materials, except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete the Work in a good, workmanlike and substantial manner and to the satisfaction of the City.

1.3 Said Work shall be performed in accordance with the Contract Specifications, Drawings, and Provisions annexed hereto; and in connection with the Reference Standards below:

Standard Edition
Standard Specifications for Public Works Construction (“The GREENBOOK”)
2021
San Diego Regional Standard Drawings 2022

1.4 The Contractor shall maintain throughout the full term of this Contract all professional certifications and licenses required in order to comply with all City, State, and Federal laws in the performance of this Contract.

1.5 The Contractor shall pay wages to the Contractor's employees according to the current "General Prevailing Wage Rates" issued by the Department of Industrial Relations of the State of California. Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor, from Director of the Department of Industrial Relations. These rates are available online with the California Department of Industrial Relations (www.dir.ca.gov). The Contractor shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum. The Contractor shall comply with the provisions of Sections 1725.5, 1771, 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, 1813, and 1815 of the Labor Code.

1.6 The Contractor shall register with the Department of Industrial Relations (DIR) in accordance with California Labor Code sections 1771.1 and 1725.5 and the 3 May 19, 2026 Item 5

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND SOUTHLAND PAVING, INC.

FOR FY 2025-2026 ASPHALT ROADWAY REPAIRS

Contractor shall be subject to compliance monitoring and enforcement by DIR in accordance with California Labor Code section 1771.4.

1.7 Pursuant to and subject to the provisions of Section 1775 of the Labor Code, Contractor shall forfeit to City, as a penalty, the sum of up to two-hundred dollars ($200) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any Work done under this Contract, by it or by any subcontractor under it, in violation of the provisions of the Contract.

2. CONTRACT AMOUNT AND SCHEDULE.

2.1 Total Amount. Compensation to Contractor shall be provided on a time and materials basis or pre-approved negotiated price in accordance with Section 1.5 above not-toexceed $75,000. The Agreement allows for a 15% markup on labor, 15% markup on CALTRANS Equipment Rental Rates, and 10% markup on materials. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Contractor in advance. Contractor acknowledges that it is not guaranteed any particular amount of work. Normal processing time for payment is thirty (30) days after City’s receipt of invoice.

2.2 Contractor agrees to complete the Work on FY 2025-2026 Asphalt Roadway Repair project prior to June 30, 2026, per Section 6-3 of the Standard Specifications for Public Works Construction (GREENBOOK), commencing upon the date stated in the Notice to Proceed issued by the City. Construction shall not commence until the City has approved bonds and insurance.

3. TERMINATION OF CONTRACT.

In the event of the Contractor's failure to prosecute, deliver, or perform the Work as provided for in this Contract, the City may terminate this Contract by notifying the Contractor by certified mail of said termination.

4. STATUS OF THE CONTRACTOR.

The Contractor shall perform the services provided for herein in a manner of Contractor's own choice, as an independent Contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project. However, Contractor shall confer with the City as required to perform this Contract.

5. SUBCONTRACTING.

The Contractor’s ability to subcontract is limited by and must comply with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code sections 4100 et seq. If the Contractor subcontracts any of the Work to be performed under this Contract, the Contractor shall be as fully responsible to the City for the acts and omissions of the Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the Contract shall create any contractual relations between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor by the terms of the Contract applicable to Contractor's Work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 4 May 19, 2026 Item 5

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND SOUTHLAND PAVING, INC.

FOR FY 2025-2026 ASPHALT ROADWAY REPAIRS

6. ASSIGNMENT OF CONTRACT.

The Contractor has no authority or right to assign this Contract or any part thereof or any monies due thereunder to any other party without first obtaining the prior written consent of the City.

7. VERBAL AGREEMENT OR CONVERSATION.

No verbal agreement or conversation with any officer, agent or employee of the City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle the Contractor to any additional payment whatsoever under the terms of this Contract.

8. DISPUTES.

8.1 If a dispute should arise regarding the performance of this Contract, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the Contract, shall be reduced to writing by the complaining party. A copy of such documented dispute shall be forwarded to the other party involved along with recommended methods of resolution which would be of benefit to both parties. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter.

8.2 If the dispute is not resolved, the aggrieved party shall send a letter outlining the dispute to the City to be resolved.

8.3 If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them at law.

8.4 Pursuant to Public Contract Code Sections 20104 and 9204, a claim by the Contractor for a time extension; payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or an amount the payment of which is disputed by the City, shall be dealt with as follows:

A. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims.

B. For all claims, pursuant to Public Contract Code Sections 20104 and 9204:

1. City shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. City shall identify the disputed and undisputed portion(s) of the claim in the written response. If City fails to issue a written statement, the claim is rejected in its entirety.

2. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant.
5 May 19, 2026 Item 5

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND SOUTHLAND PAVING, INC.

FOR FY 2025-2026 ASPHALT ROADWAY REPAIRS

3. The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.

4. Pursuant to Public Contract Code section 9204, any payment on any undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement.

A. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen (15) days of receipt of the City's response or within fifteen (15) days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand sent by registered or certified mail, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days after the meet and confer conference, City shall prepare a written statement describing portions of the claim in dispute and the portions of the claim that are disputed. Mediation Prerequisite: If following the meet and conference the claim or any portion remains in dispute, the parties agree that as a condition precedent to the initiation of litigation, the parties shall submit to non-binding mediation. The parties shall mutually agree to a mediator within ten (10) business days after the City’s response following the meet and confer conference. The parties shall make reasonable attempts to mediate within thirty (30) days of the meet and confer conference. Mediation shall be subject to the following rules:

1. The mediation process shall be administered by a neutral organization agreed to by the parties and shall be confidential subject to Evidence Code Sections 1115 –1128 and 1152.

2. The costs for mediation will be shared equally by all parties. The expenses of witnesses shall be paid by the party producing such witnesses.

3. A single mediator shall be selected to mediate the dispute. At least ten (10) days before a scheduled session, each party shall provide the mediator a brief memorandum setting forth its position about the issues that need to be resolved. The brief shall be mutually exchanged between the parties. At the mediation session, the parties will be expected to produce required information for the mediator to understand and evaluate the issues presented.

4. The mediation process shall be considered terminated when: (1) in the mediator’s judgment, further efforts at mediation would not contribute to a resolution of the dispute between the parties; or, (2) by the execution of Settlement Agreement, which may be used as the basis for change order or other directive as appropriate; or, (3) written declaration of a party that it will no longer participate in further mediation proceedings.

B. If mediation is unsuccessful, as a prerequisite to filing suit, the Contractor must file a claim pursuant to Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the period of time within which a claim must be filed shall begin from the time the claimant submits his or her written claim pursuant to subsection A until the time the claim is denied, including any period of time utilized by the meet and confer conference.
6 May 19, 2026 Item 5

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND SOUTHLAND PAVING, INC.

FOR FY 2025-2026 ASPHALT ROADWAY REPAIRS

A civil action filed to resolve a claim subject to Section 9.4 of this Contract shall be subject to the provisions of Public Contract Code Sections 20104.4 and 20104.6.

9. HOLD HARMLESS.

9.1 The Contractor agrees to indemnify and hold the City; the City's officers, officials, employees and agents; the Engineer; and the Engineer’s officers, officials, employees and agents (together, the “City Indemnified Parties”), harmless from, and against any and all liabilities, claims, demands, causes of action, losses, suit damage, expenses and costs, including all costs of defense, expense costs and investigation expenses thereof, arising out of, or in any manner connected directly or indirectly to the acts, omissions or performance of Work by the Contractor or Contractor’s agents, employees, subcontractors, officials, officers or representatives. Upon demand, Contractor shall, at its own expense, defend the City Indemnified Parties from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs, regardless of whether or not such a claim, loss or liability is caused in part by a party indemnified hereunder.

9.2 By inspecting, approving or accepting the improvements, City shall not have waived the protections afforded herein to the City Indemnified Parties or diminished the obligation of Contractor, who shall remain obligated in the same degree to indemnify and hold the City Indemnified Parties harmless as provided above.

9.3 Contractor's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the City Indemnified Parties’ sole active negligence or willful misconduct.

10. RESPONSIBILITY FOR DAMAGE.

10.1 The Contractor shall obtain and maintain in full force and effect during the life of the Contract, and for five years thereafter, contractual liability insurance for bodily injury liability and property damage liability assumed by the Contractor of all claims and lawsuits against the Contractor and his/her subcontractors arising out of or in connection with the Work to be performed. Such insurance as is afforded by the policy to the Contractor for Contractual Property Damage Liability Insurance shall include coverage for property damage caused by blasting, collapse, structural injuries or damage to underground utilities. The policy shall not contain the so-called "x" "c" "u" exclusions.

10.2.1 Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence with an aggregate of $4,000,000. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

10.2.2 Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

10.2.3 Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
7 May 19, 2026 Item 5

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND SOUTHLAND PAVING, INC.

FOR FY 2025-2026 ASPHALT ROADWAY REPAIRS

10.2.4 Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

10.3 If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

10.4 Evidence of insurance including Commercial General Liability, Workers’ Compensation, and Automobile Liability in compliance with the above requirements shall be furnished to the City by Certificate of Insurance. Such Certificate of Insurance shall be furnished prior to the commencement of Work under the Contract. The insurance policy shall provide that the policy shall remain in force during the life of this Contract and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to City from the insurance company.

10.5 Such insurance shall be issued by a company or companies approved by the City, licensed and listed with "Insurance Organizations Authorized by the Insurance Commissioner to Transact the Business of Insurance in the State of California," and shall have a rating of A- or better.

10.6 Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude the City from taking such other actions as is available to it under any other provision of this Contract or otherwise in law.

10.7 The Contractor shall arrange for the policies to be so conditioned as to cover the performance of any changes or extra Work which may be required under the Contract.

10.8 The costs of this insurance shall be considered as included in the prices paid for the various Contract items of Work and no additional compensation will be allowed, therefore.

10.9 The Contractor shall either: (1) require each of its subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified, or (2) insure the activities of its subcontractors in its own policy in like amount.

10.10 The Contractor's policies shall contain an Additional Insured Endorsement naming as additional insured the City and its officers, consultants, agents, volunteers, and employees while on the Project and acting within the scope of their duties. For any claims related to the Project, Contractor’s insurance coverage shall be primary and noncontributory insurance as respects City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.

10.11 Prior to commencement of Work under this Contract, the Contractor shall furnish endorsements from each of the insurance companies.

10.12 The Contractor shall reimburse the City and the Engineer for all costs and expenses, including attorney's fees, incurred by said City and the Engineer, in enforcing the provisions of Section 11 of this Contract.
8 May 19, 2026 Item 5

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND SOUTHLAND PAVING, INC.

FOR FY 2025-2026 ASPHALT ROADWAY REPAIRS

11. NOTICES.

Any notices to be given under this Contract, or otherwise, shall be served by certified mail and addressed and delivered as listed below:

City of Del Mar Southland Paving, Inc.

Attn: City Clerk Attn: Jason Robey, Project Manager
1050 Camino del Mar 361 North Hale Ave
Del Mar, CA 92014 Escondido, CA 92029
[email protected] [email protected]

12. LIQUIDATED DAMAGES; EXTENSION OF TIME.

In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of two-hundred and fifty dollars ($250) per day for each calendar day completion is delayed beyond the time allowed pursuant to paragraph 3 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of CONTRACTOR, including delays caused by CITY.

CONTRACTOR is required to promptly notify CITY of any such delay.

13. PERFORMANCE.

The City hereby promises and agrees with the Contractor to employ, and does hereby employ the Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, and in the manner and upon the conditions hereinafter set forth, and the City and the Contractor for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.

14. CONTRACT AUTHORITY OVER PROPOSAL.

It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the Bid or Proposal of the Contractor, then this instrument shall control, and nothing herein shall be considered as an acceptance of the said terms of said Proposal conflicting herewith.

15. CONTRACT DOCUMENTS.

The Contract consists of the following documents, all of which are component parts of the Contract as if herein set out in full, or attached hereto:

1. Contract

2. Worker's Compensation Certificate

3. Modifications to the Standard Specifications: General Provisions, Special Provisions, and Construction Methods.

4. Plans & Standard Drawings, Approved Submittals, Exhibits, and Site Photos All the above-named Contract Documents are intended to be complementary. The Work required by one of the above-named documents and not by others shall be performed as if required by all. Any conflicts in terms or requirements of any of the Contract Documents shall be determined by the order of precedence set forth in the GREENBOOK. 9 May 19, 2026 Item 5

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND SOUTHLAND PAVING, INC.

FOR FY 2025-2026 ASPHALT ROADWAY REPAIRS

16. ATTACHMENTS.

The following Contract Documents are attached hereto:

A. Scope of Work
B. Worker's Compensation Certificate

17. NON-DISCRIMINATION.

17.1 Contractor shall ensure that Contractor and its Subcontractors shall not deny the Contracts’ benefits to any person on the basis of race, color, religion, ancestry, familial status, national origin, genetic information, ethnic group identification, marital status, age, gender, gender identity, gender expression sex, sexual orientation, source of income, age, medical condition, physical handicap or disability, mental disability, political affiliation, military or veteran status, or position in a labor dispute, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, color, religion, national origin, ethnic group identification, ancestry, familial status, genetic information, physical handicap or disability, mental disability, medical condition, marital status, age, gender, gender identity, gender expression, sex, sexual orientation, source of income political affiliation, military or veteran status, or position in a labor dispute. The Contractor shall ensure and its Subcontractor shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

17.2 The Contractor shall ensure that the Contractor and its Subcontractors shall comply with the applicable provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.), the regulations promulgated thereunder (Title 2, California Code of Regulations, section 7285.0 11000 et seq.) the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (sections 11135-11139.85) and any regulations promulgated thereunder.

17.3 The Contractor shall ensure that the Contractor and its Subcontractors shall not knowingly give preferential treatment of any kind whatsoever in connection with any business transaction related to the Contract to any of its affiliates or to any business enterprise in which the Contractor has any financial interest, but in such business transactions shall deal at all times with such affiliates and enterprises on the same basis as though the Contractor were dealing with any other parties.

17.4 The Contractor shall ensure that the Contractor and its Subcontractors shall, with respect to the Contract, give written notice of their obligations under this section to labor organizations representing employees of the Contractor and any contractor or subcontractor performing work on the Contract which have a collective bargaining or other contract with the Contract, such contractor or subcontractor.

17.5 The Contractor shall ensure that the Contractor and its subcontractors shall include the provisions of this section in all subcontracts to perform work with respect to the Contract.

18. CALIFORNIA LAW; VENUE/MISCELLANEOUS.

This Contract shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Contractt shall be brought in the County of San Diego, California. Contractor hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394. 10 May 19, 2026 Item 5

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND SOUTHLAND PAVING, INC.

FOR FY 2025-2026 ASPHALT ROADWAY REPAIRS

19. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION AND CONTROL ACT OF 1986.

Contractor certifies that Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract.

20. NO WAIVER.

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

21. SEVERABILITY.

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

22. CONFLICTS BETWEEN TERMS.

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

23. SIGNING AUTHORITY.

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

24. CONTRACT REQUIREMENTS UNDER FEDERAL AWARDS

24.1 If this Contract is purchased under federal funds, additional provisions shall apply as described in Appendix II to 2 CFR §200 – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, and are hereby incorporated by reference.

24.2 If this Contract is purchased under federal-aid funds, additional provisions shall apply as described in Federal Highway Administration (FHWA) Form 1273, and are hereby incorporated by reference.
11 May 19, 2026 Item 5

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND SOUTHLAND PAVING, INC.

FOR FY 2025-2026 ASPHALT ROADWAY REPAIRS

IN WITNESS WHEREOF, the Parties hereto have executed this Contract, which will be effective as of the date of the City’s execution of the Contract listed below.

CITY OF DEL MAR, SOUTHLAND PAVING, INC.
a municipal corporation a California Corporation
By: By:

Ashley Jones, City Manager Richard Fleck, Owner
Date: Date:

APPROVED AS TO FORM:

Christina Cameron, City Attorney
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
12 May 19, 2026 Item 5
ATTACHMENT A – SCOPE OF WORK
The Contractor will review and confirm priorities at the pre-construction meeting with the City of Del Mar Public Works staff. Work will be sequenced to ensure the highest priority locations are completed first. The anticipated locations of the work are summarized in the table below.

Location
Number
Patch Repair Location
1 26th Street Alley - remove root damage/ hazard
2 1630 Luneta Drive - remove root damage/ hazard
3 15th Street and Maiden Lane - patch as much as possible 4 Rusty’s overlay repair and manhole
5 Camino del Mar – repairs near gutter line on the JDB Overhead Bridge 6 Camino del Mar/Del Mar Heights Road northbound – remove root damage near storm drain
7 367 Pine Needles - remove root damage/ hazard
8 625 Nob Avenue - final paving after water lateral work 9 462 Camino Del Mar - final paving after service repair 10 2413 Camino Del Mar - alley speed bump work following water leak repairs
11 265 Stratford Court-final paving after water service repair 13 May 19, 2026 Item 5

CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND SOUTHLAND PAVING, INC.

FOR FY 2025-2026 ASPHALT ROADWAY REPAIRS

ATTACHMENT B - WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the Labor Code provides in part as follows:
"Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.” I hereby certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.

CONTRACTOR'S NAME:

ADDRESS:

BOND NO.(optional):

SIGNATURE:

PRINT NAME/TITLE OF SIGNER: _____________________________________________ DATE:
14 May 19, 2026 Item 5
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and Councilmembers
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Kseniia Izgarskaia, Senior Management Analyst
Via Ashley Jones, City Manager
DATE: May 19, 2026
SUBJECT: Resolutions Calling for a 2026 General Municipal Election REQUESTED ACTION/RECOMMENDATION:

It is recommended that the City Council adopt the following resolutions in preparation for a November 3, 2026, General Municipal Election:
1) Resolution calling for a General Municipal Election for the election of two members of the City Council (Attachment A);
2) Resolution requesting the Board of Supervisors of the County of San Diego to conduct the General Municipal Election and consolidate that election with the Statewide General Election (Attachment B); and
3) Resolution adopting Regulations for Candidates for Elective Office pertaining to the Candidates’ Statements (Attachment C).

BACKGROUND:

Del Mar Municipal Code Section 2.20.010 states that the City shall elect Councilmembers at the General Municipal Election held every two years, consolidated with the Statewide General Election held in November of even numbered years.

As such, on November 3, 2026, the voters of Del Mar will vote for two City Council seats, one of which will become vacant due to the term expiration of the Council seat currently held by Councilmember Terry Gaasterland. The second seat has been vacant since September 2024 due to former Councilmember Dwight Worden’s resignation. For the City to hold a consolidated General Municipal Election with the County of San Diego Registrar of Voters (ROV), the City Council must adopt the required election resolutions.

DISCUSSION/ANALYSIS:

Required Election Resolutions
The first resolution calls the election for the purpose of electing two members to the City Council for full four-year terms (Attachment A). It is worth noting that the election will be conducted under the provisions of the laws relating to general law cities because Del Mar’s Charter does not make specific provisions regarding elections.

The second resolution requests that the County of San Diego conduct the election and consolidate the election with the statewide general election (Attachment B). It also states that 1 May 19, 2026 Item 6
City Council Agenda Report
2026 General Municipal Election Resolutions
May 19, 2026

the City will be responsible for the County’s costs related to conducting the City’s general election.

The third resolution adopts regulations for candidates’ statements for this election (Attachment C). The resolution notes that candidates may choose to submit candidate statements and describes the applicable limitations and regulations. It also states that candidate statements are limited to 200 words and will be translated into Chinese, Spanish, Tagalog, and Vietnamese, as required by State Law based on the Federal Voting Rights Act.

Candidates who choose to file candidate statements will be required to pay a deposit at the time the statements and nomination papers are filed with the City Clerk. Should the actual cost of printing and translating the candidate statements be less than the amount of the deposit, the balance will be refunded to the candidates. If the actual cost be more than the deposit amount, candidates will be billed for the difference.

Resolution(s) calling for any City-initiated ballot measures and setting the rules for arguments in favor or against the measure(s) will be considered separately by the City Council if any ballot measures are initiated. As of the date of publication of this report, no City-initiated ballot measures are anticipated, and the City has not received any notices of intent to circulate petitions from members of the public.

Resolving a Tie-Vote
California Elections Code Section 15651 provides procedures for resolving a tie vote. Either the City Council must adopt a resolution prior to the election requiring the City to hold a Special Runoff Election in the event of a tie vote, or the outcome shall be determined by lot (by chance).

It would be costly to have the County Registrar of Voters conduct a Special Runoff Election for elective offices, and funds for such an election are not included in the Fiscal Year (FY) 2026- 27 proposed budget update. In the event of a tie vote, staff recommends that the Council seat(s) be filled by lot (by chance) between the candidates receiving the same number of votes.

Candidate Filing
Candidates for elective office in the City of Del Mar must be registered voters of the City at the time nomination papers are issued. Candidates must be nominated by no fewer than 20 registered voters of the City. Chapter 2.20-City Council of the Del Mar Municipal Code (DMMC) is included in this report as a reference (Attachment D).

Nomination papers, along with an informational packet for City Council candidates, will be available from the Administrative Services Manager/City Clerk by appointment beginning Monday, July 13, 2026. It is important to note that, pursuant to California Elections Code 10220, nominating signatures may only be gathered during the nomination period, which will run from July 13 through August 7, 2026.

The deadline for filing all required nomination papers is 4:30 p.m. on August 7, 2026. However, if nomination papers for an incumbent elective officer (City Councilmember) are not filed by 4:30 p.m. on August 7, 2026, voters shall have until 5:30 p.m. on August 12, 2026, to nominate candidates other than the incumbent. There is no incumbent for the current vacant Council seat; therefore, the filing period will be extended only if Councilmember Gaasterland does not file by the initial deadline.
2 May 19, 2026 Item 6
City Council Agenda Report
2026 General Municipal Election Resolutions
May 19, 2026

Prospective candidates will be provided with relevant election materials, including Chapter

2.16-Campaign Regulations of the DMMC, which pertains to campaign regulations and campaign disclosure limits (Attachment E); the Code of Fair Campaign Principles and Guidelines for Local Elections (Attachment F); Council Policy 108 and the City of Del Mar Supplemental Code Of Fair Campaign Practices (Attachment G); and various campaign and election handouts from the City, County of San Diego Registrar of Voters, and the Fair Political Practices Commission (FPPC).

In the event that the number of persons nominated for City Council is two or fewer by the filing deadline, the City Clerk shall submit a certificate of these facts to the City Council and inform the Council that it may, at a regular or special meeting held at least 75 days before the municipal election (August 20, 2026), take one of the following actions:
1) Appoint the nominated person(s) to serve on the City Council; 2) Appoint eligible elector(s) to serve on the City Council if no one has been nominated; or 3) Hold the election if either no one or only one person has been nominated.

The City Clerk shall publish notice of these facts and available courses of action in a newspaper circulated in Del Mar. Under these circumstances, the City Council would need to hold a special meeting between August 12 and August 20, 2026. Otherwise, and pursuant to California Election Code 10229, if no persons have been appointed to office by the 75th day before the municipal election (August 20, 2026), the election shall be held.

Voting Information
The County of San Diego Registrar of Voters will mail ballots to all registered voters approximately 30 days prior to the election. Voters may vote by mail, drop off their ballot at a secure drop-box location, or vote in person at one of the County’s Vote Centers. Some Vote Centers will be open for voting for up to 11 days, including Election Day. Vote Center locations for the November 2026 election have not been finalized; however, the Del Mar Library and City Hall have been identified as ballot drop-box locations. Voters may visit the ROV website for more information about voting options and locations:
https://www.sdvote.com/content/rov/en/VotingOptions.html.

FISCAL IMPACT:

The estimated cost for the November 2026 election is $35,000, which is included in the proposed FY 2026-27 budget update for Council consideration in June 2026. After the November 2026 election has been conducted, the County Registrar of Voters will present the City with an invoice for the actual election costs.

ATTACHMENT:

Attachment A – Resolution Calling for a General Election Attachment B – Resolution Requesting to Consolidate the Election with the County of San Diego
Attachment C – Resolution Adopting Regulations for Candidates for Elective Office Attachment D – DMMC Chapter 2.20
Attachment E – DMMC Chapter 2.16
Attachment F – Code of Fair Campaign Principles and Guidelines for Local Elections Attachment G – Council Policy 108 & City of Del Mar Supplemental Code of Fair Campaign Practices
3 May 19, 2026 Item 6
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, CALLING FOR A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026,

FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED

BY THE PROVISIONS OF THE LAWS OF THE STATE OF

CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, which have been adopted by the City of Del Mar pursuant to its charter, a General Municipal Election shall be held on November 3, 2026, for the election of Members of the City Council.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities and the City of Del Mar pursuant to its charter, there is called and ordered to be held in the City of Del Mar, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of electing two (2) Members to the City Council for the full term of four (4) years.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the Administrative Services Manager/City Clerk is authorized, instructed and directed to coordinate with the San Diego County Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the Vote Centers (polls) for the election shall be open at seven o’clock (7:00) a.m. of the day of the election and shall remain open continuously from that time until eight o’clock (8:00) p.m. of the same day when the Vote Centers (polls) shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14212, 14401 of the Elections Code of the State of California. Vote Centers (polls) may also be open for multiple days leading up to the election. Some voting centers as designated by the San Diego County Registrar of Voters will be open up to eleven (11) days prior to the election.

SECTION 5. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. That notice of the time and place of holding the election is given and the Administrative Services Manager/City Clerk is authorized, instructed and directed to 4 May 19, 2026 Item 6
Resolution No. 2026-XX

give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. That the Administrative Services Manager/City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held this 19th day of May, 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 19th day of May, 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
_________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 May 19, 2026 Item 6
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE

REGISTRAR OF VOTERS TO CONSOLIDATE A GENERAL

MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER
3, 2026, WITH THE STATEWIDE GENERAL ELECTION TO BE
HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE

ELECTIONS CODE
WHEREAS, the City Council of the City of Del Mar, California called a General Municipal Election to be held on November 3, 2026, for the purpose of the election of two (2) Members to the City Council; and
WHEREAS, Del Mar Municipal Code Chapter 2.20.010 states that the General Municipal Election shall be consolidated with the Statewide General Election held in November of even numbered years and that, within the City, the precincts, polling places and election officers of the two (2) elections be the same, and that the County Elections Department of the County of San Diego canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one (1) election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 3, 2026, for the purpose of the election of two (2) Members to the City Council.

SECTION 2. That the County Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one (1) election, and only one (1) form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election, pursuant to section 10418 of the Elections Code.

SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election including the procurement and furnishing of any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election, with the exception that the Administrative Services Manager/City Clerk of the City of Del Mar shall cause the publication of all notices that are indicated as the responsibility of the City Clerk in the Election Calendar for said election.

SECTION 4. That the City of Del Mar recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for those costs.
6 May 19, 2026 Item 6
Resolution No. 2026-XX

SECTION 5. That the County of San Diego shall be reimbursed in full for the services performed by the Registrar of Voters for the City of Del Mar upon presentation of a bill therefore, and that the City agrees to indemnify and hold harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys’ fees, as the result of an election contest arising after conduct of the election, so long as the basis for any such claim arises from the conduct of the City or as a result of the reasonable reliance by County upon information provided by City.

SECTION 6. That the Administrative Services Manager/City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Elections Department of the County of San Diego.

SECTION 7. That the Administrative Services Manager/City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 19th day of May, 2026. ________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Christina Cameron, City Attorney
City of Del Mar
7 May 19, 2026 Item 6
Resolution No. 2026-XX

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2026-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 19th day of May 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
_____________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
8 May 19, 2026 Item 6
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, ADOPTING REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT
AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates’ statements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DEL MAR,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Del Mar on November 3, 2026, may prepare a candidate’s statement on an appropriate form provided by the Administrative Services Manager/City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than two hundred (200) words of the candidate's education and qualifications expressed by the candidate himself or herself.

The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the Administrative Services Manager/City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until five o’clock (5:00) p.m. of the next working day after the close of the nomination period.

SECTION 2. FOREIGN LANGUAGE POLICY. Pursuant to the Federal Voting Rights Act, candidates’ statements will be translated into all languages required by the County of San Diego. The County is required to translate candidates’ statements into Chinese, Spanish, Filipino and Vietnamese. The County will print and mail sample ballots and candidates’ statements to all voters in Chinese, Spanish, Filipino and Vietnamese only to those voters who are on the County voter files as having requested a sample ballot in a particular language. The County will make the sample ballots and candidates’ statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.

SECTION 3. PAYMENT. The candidate shall be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in Section 2 above pursuant to Federal and/or State law. The candidate shall be required to pay for the cost of printing the candidate’s statement in English and in any foreign language, as specified in Section 2 above, in the main voter pamphlet. 9 May 19, 2026 Item 6
Resolution No. 2026-XX

The Administrative Services Manager/City Clerk or County of San Diego Registrar of Voters shall estimate the total cost of printing, handling, translating, and mailing the candidates’ statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Administrative Services Manager/City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Administrative Services Manager/City Clerk will require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Administrative Services Manager/City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days of the election.

SECTION 4. MISCELLANEOUS. The Administrative Services Manager/City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package.

SECTION 6. That the Administrative Services Manager/City Clerk shall provide each candidate, or the candidate's representative, a copy of this Resolution at the time nominating petitions are issued.

SECTION 7. That all previous Resolutions establishing Council policy on payment for candidates’ statements are repealed.

SECTION 8. That this Resolution shall apply only to the election to be held on November 3, 2026, and shall then be repealed.

SECTION 9. That the Administrative Services Manager/City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
10 May 19, 2026 Item 6
Resolution No. 2026-XX

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 19th day of May, 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 19th of May 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
11 May 19, 2026 Item 6
Del Mar, California, Municipal Code Created: 2026-02-23 11:43:34 [EST] (Supp. No. 10)

Chapter 2.20 CITY COUNCIL

2.20.010 Election and Tenure.

The electors of the City of Del Mar shall elect Councilmembers at the General Municipal Election held every two years. The General Municipal Election shall be consolidated with the Statewide General Election held in November of even numbered years. Councilmembers shall serve a term of four years, staggered to result in two seats being open at one election and three seats being open at the next election. (Ord. No. 322; Ord. No. 371; Ord. No. 680)

2.20.020 Presiding Officer.

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

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

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

2.20.030 Compensation.

A. Councilmembers shall receive a salary of $950.00 per month effective January 1, 2025.

B. Upon the submission of an itemized account, any Councilmember may be reimbursed for the actual and necessary expenses incurred in the performance of official duty.

C. Council compensation may be adjusted by Ordinance within the limits established by State law. (Ord. No. 1014, § 2, 11-5-2024)

2.20.040 Regular Meetings.

A. Regular meetings of the City Council shall be held on the first and third Monday of each month, commencing at 4:30 p.m. in the Town Hall, 1050 Camino del Mar. If a regular meeting falls on a holiday, the regular meeting shall be held on the next business day.

B. The City Council may, by resolution, designate another date, time, and location for a regular meeting. (Ord. No. 951, § 1, 8-5-2019)

2.20.050 Rules of Procedure.

The City Council may, from time to time, adopt by resolution, rules of procedure for the conduct of meetings.

These resolutions shall be compiled and maintained by the City Clerk and made available to the public and to the City Council during every meeting.
12 May 19, 2026 Item 6
Created: 2026-02-23 11:43:34 [EST]
(Supp. No. 10)

2.20.060 Orderly Conduct.

A. Any person who fails to comply with a direction given by the presiding officer for the purpose of maintaining order at a City Council meeting shall be guilty of a misdemeanor.

B. All persons shall comply with the meeting procedures announced by resolution of the City Council and no person shall interfere with or interrupt a City Council meeting.

C. The presiding officer may designate a member of the County Sheriff's Department as Sergeant at Arms who shall carry out the directions of the presiding officer, to include making arrests as directed by the presiding officer.
13 May 19, 2026 Item 6
TITLE 2 - ADMINISTRATION
Chapter 2.16 CAMPAIGN REGULATIONS
Del Mar, California, Municipal Code Created: 2026-02-23 11:43:34 [EST] (Supp. No. 10)

Chapter 2.16 CAMPAIGN REGULATIONS

2.16.005 Purpose.

This Chapter is intended, among other things:

A. To promote an educated electorate by providing information to assist in the evaluation of ballot choices and to make an informed choice;
B. To accomplish fair and honest elections;
C. To prevent corruption or the appearance of corruption by regulating and making public those contributions whose amount is significant in light of the circumstances of the City; D. To gather information in order to detect violations of the provisions of this Chapter. (Ord. No. 659; Ord. No. 935, § 1, 3-19-2018)

2.16.010 Application of Chapter.

A. The provisions of this Chapter are applicable only to:

1. Candidates seeking election in the City Council, their controlled committees, or committees formed or existing primarily to support or oppose their candidacies, and

2. Committees formed or existing primarily to support or oppose a candidate, or to support or oppose the qualification of, or passage of, a local ballot measure which is being voted on only in the City, and to City general purpose committees active only in the City.

B. When the term "committee" appears (1) in this Chapter, or (2) in provisions of the Political Reform Act of 1974, as amended, and is used by this Chapter to create duties, it refers to a person or combination of persons when such person or combination of persons:

1. Receives, for a particular City election, campaign contributions totaling $250.00 or more; or

2. Expends for a particular City election a total of $250.00 or more.

C. Unless otherwise provided herein, the provisions, definitions and interpretations of the Political Reform Act of 1974 (Government Code Secs. 81000 et seq.), as amended, including the regulations of the California Fair Political Practices Commission, as amended, are to be relied upon in administering this Chapter.

D. The requirements of this Chapter are in addition to, and shall not be administered or interpreted in conflict with, the requirements of the Political Reform Act of 1974, as amended. (Ord. No. 411; Ord. No. 624; Ord. No. 935, § 1, 3-19-2018)

2.16.020 Statement of Organization.

A. Time for Filing.

1. Except as provided in this Section, within ten days of a committee coming into existence in accordance with this Chapter, the committee shall file with the City Clerk a "statement of organization" on a form 14 May 19, 2026 Item 6
Created: 2026-02-23 11:43:34 [EST]
(Supp. No. 10)

approved by the City Clerk, setting forth the information contained in Government Code Sec. 84102.

The committee shall thereafter comply with the regulations imposed on committees by this Chapter.

2. If a committee comes into existence in accordance with this Chapter within 15 or fewer days prior to an election in which the committee participates, then, within 24 hours of the committee coming into existence, the committee shall file with the City Clerk a "statement of organization" on a form approved by the City Clerk, setting forth the information contained in Government Code Sec. 84102.

The committee shall thereafter comply with the regulations imposed on committees by this Chapter.

B. Report of Changes.

1. Except as provided in this Section, within ten days of any change in information contained in its statement of organization, the committee shall file with the City Clerk an amendment setting forth the change in information.

2. If a change in information contained in its statement of organization occurs within 15 or fewer days prior to an election in which the committee participates, then, within 24 hours of such change, the committee shall file with the City Clerk an amendment setting forth the change in information. (Ord. No. 935, § 1, 3-19-2018)

2.16.030 Contribution Disclosure.

Each candidate and committee, as defined in this Chapter, shall file campaign statements when and in the manner specified in the Political Reform Act of 1974, as amended. In addition to the information required by the Political Reform Act of 1974, as amended, each candidate and committee filing a campaign statement shall, for each contribution of $75.00 or more, disclose the information required by Government Code Sec. 84211(f). ;hn; (Ord. No. 935, § 1, 3-19-2018)

2.16.040 Limitation: Contribution to Candidates.

A. No person, except as provided in Subsection C. below, shall contribute more than $200.00 total to a candidate or such candidate's controlled committees for any election.

B. No candidate or controlled committee shall solicit or retain a contribution from any person when such contribution shall cause the contributor to be in violation of Subsection A. herein.

C. It shall be unlawful for a political party committee, as defined in California Government Code Sec. 85205, to make, or for a candidate or controlled committee to solicit or retain a contribution that would cause the total amount contributed by all local, state, and federal committees of the same political party to the candidate and the candidate's controlled committee to exceed $2,000.00 for any election.

D. The provisions of this Section do not limit a candidate in making contributions of his or her personal funds to his or her own campaign contribution account.
(Ord. No. 781; Ord. No. 935, § 1, 3-19-2018)

2.16.050 Identification of Source of Campaign Material.

A. "Advertisement" as used in this Chapter shall have that meaning provided in Government Code Sec. 84501(a), including, but not limited to, mailers, flyers, pamphlets, door hangers, walking cards, posters, yard signs, billboards, business cards, campaign buttons ten inches in diameter or larger, or bumper stickers 60 square inches or larger, whether distributed through the mail, by campaign workers, or any other means, and electronic materials disseminated over the Internet. 15 May 19, 2026 Item 6
Created: 2026-02-23 11:43:34 [EST]
(Supp. No. 10)

B. Every campaign advertisement in printed form shall include the words "paid for by" immediately followed by the name, street address, and city of the person who paid for the communication in a contrasting Arial equivalent typeface that is easily legible and no less than ten points in size.

C. Subject to the additional requirements and exceptions expressly noted below, and limited to advertisements concerning City Council candidates and City ballot measures, the campaign advertising disclosure rules contained in the Political Reform Act of 1974, as amended, including but not limited to California Government Code Secs. 84305 through 84511, and the regulations of the California Fair Political Practices Commission, as amended, including but not limited to Regulations 18440 through 18450.11, are hereby adopted by reference and incorporated into this Chapter 2.16 of the Del Mar Municipal Code as if fully set forth herein.

1. Print Materials. When disseminating printed advertisements, City Council candidates and candidatecontrolled committees shall make their advertising disclosures as if formed as independent expenditure committees under California Government Code Sec. 82013(b), except when such independent expenditure committees are disseminating mass campaign literature through the mail.

2. Display Media. When placing advertisements on large signs, as defined by Title 2, Section 18450.1(a) of the California Code of Regulations, City Council candidates and candidate-controlled committees shall make their advertising disclosures as if formed as independent expenditure committees under Government Code Sec. 82013(b).

3. Electronic Materials. When disseminating video, audio, text, or graphic advertisements over the Internet, candidates and committees shall include the "who funded this ad?" and "paid for by" advertising disclosures in the manner required by state law, except that candidates and candidatecontrolled committees shall make such disclosures as if formed as independent expenditure committees under California Government Code Sec. 82013(b).

4. Political Advertisements. When placing advertisements in newspapers, magazines, and periodicals, candidates and committees shall include the "paid for by" advertising disclosures in the manner required by state law, except that candidates and candidate-controlled committees shall make such disclosures as if formed as independent expenditure committees under Government Code Sec. 82013(b).

D. Nothing in this section establishes a Del Mar Municipal Code requirement:

1. That any City Council candidate or candidate controlled committee comply with California Government Code Sec. 84506.5; or

2. That is applicable to any slate mailer organization.

E. Nothing in this section relieves any candidate or committee from its obligation to comply with any advertising disclosure requirement contained in state law. (Ord. No. 773; Ord. No. 935, § 1, 3-19-2018)

2.16.060 Penalties.

A. Any person who knowingly or willfully violates any provision of this Chapter may be prosecuted for an infraction or a misdemeanor, at the discretion of the City's special counsel.

B. Any person who violates a provision of this Chapter shall be liable in a civil action for damages in the amount of three times the amount not properly reported or unlawfully contributed, solicited or accepted, or expended on illegally distributed campaign materials, not to exceed $1,000.00. Upon collection, said sum shall be deposited into the general fund of the City. (Government Code Sec. 36901). 16 May 19, 2026 Item 6
Created: 2026-02-23 11:43:34 [EST]
(Supp. No. 10)

C. Any person who violates a provision of this Chapter by failing either to file a statement of organization or report a change of information in a filed statement of information shall be liable in a civil action for damages in the amount of $1,000.00. Upon collection, said sum shall be deposited into the general fund of the City. (Government Code Sec. 36901).
(Ord. No. 935, § 1, 3-19-2018)

2.16.070 Enforcement.

A. The City Attorney shall not investigate or prosecute any alleged violation of this Chapter, but may defend the constitutionality and legality of this Chapter in any civil proceeding in which the City or the City Council is a party.

B. An action on behalf of the City alleging a violation of this Chapter may be commenced only by special counsel appointed and retained by the City Council.

1. Persons residing in the City who believe that a violation of this Chapter has occurred may file a written complaint requesting investigation of such violation by the special counsel.

2. Whether or not a resident's written complaint is received, if the special counsel determines that there is reason to believe a violation of this Chapter has occurred, special counsel is authorized to conduct an investigation and may commence such administrative, civil or criminal legal action as special counsel deems necessary to enforce this Chapter.

3. Special counsel shall have investigative powers as are necessary for the performance of the duties described in this Chapter and may demand and shall be furnished records of campaign contributions and expenditures of any person or committee subject to this Chapter. Special counsel shall be immune to liability for special counsel's enforcement of this Chapter.

C. Any resident of the City may bring a civil action, in a court of competent jurisdiction, regarding the provisions of this Chapter:

1. To enjoin an actual or threatened violation;

2. To compel compliance by a private person; or

3. To obtain judicial declarations.

D. Any action alleging a violation of this Chapter must be commenced within six months of the time the alleged violation occurred.
(Ord. No. 935, § 1, 3-19-2018)
17 May 19, 2026 Item 6
18 May 19, 2026 Item 6
19 May 19, 2026 Item 6
20 May 19, 2026 Item 6

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
108 DEL MAR FAIR CAMPAIGN PRACTICES
DATE ADOPTED: 2-20-2018
BY RESOLUTION: 2018-06
PAGES: 1 OF 3
I. PURPOSE:

The foundation of representative democracy rests on the ability of the electorate to make informed decisions regarding the character and qualifications of those seeking to represent them, and on issues presented for voter approval or rejection.

Ideally, election campaigns reveal the true character and positions of candidates seeking to represent the electorate, and factual information regarding issues presented to the voters.

Election campaign conduct that is objectively unfair, untruthful, or misleading regarding the positions or character of candidates seeking office, or that misleads or misrepresents issues presented to the voters, denies the electorate an opportunity to make fully informed decisions on candidates or issues. Such campaign conduct is unfair and unethical.

Unfair and unethical campaign conduct promotes cynicism and distrust on the part of the electorate toward its representative government, and damages the ability of elected representatives to govern effectively.

It is incumbent upon elected representatives and community leaders to promote discussion and consideration of what constitutes ethical and fair campaign conduct within the values and mores of the community; and to inform both candidates and the public generally on principles and guidelines for ethical campaign conduct.

The following guidelines and activities are intended to promote fair and ethical conduct by candidates, committees, and the public, in the course of Del Mar municipal elections, ensure that candidates and committees have ready access to information and assistance needed to comply with state and City law related to campaigns and to conform to the expectations of the Del Mar electorate.

II. CAMPAIGN PRACTICES:

A. Supplemental Code of Fair Campaign Practices:

In addition to the Campaign Disclosure provisions of the Fair Political Practices Act (Gov.

Code § 84100 et seq.), the State has declared that there are basic principles of decency, honesty, and fair play which every candidate for public office in the State of California has a moral obligation to observe and uphold in order that, after vigorously contested but fairly conducted campaigns, citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues. In furtherance of these goals, candidates, along with their campaign managers and treasurers as applicable, for public office are invited to sign on to the State Code of Fair 21 May 19, 2026 Item 6

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
108 DEL MAR FAIR CAMPAIGN PRACTICES
DATE ADOPTED: 2-20-2018
BY RESOLUTION: 2018-06
PAGES: 2 OF 3
Campaign Practices (Elec. Code § 20440) (“State Pledge”). Signing on the State Pledge is voluntary.

The Institute for Local Government has proposed additional, updated and expanded fair campaign practices in various categories that local jurisdictions may adopt along with agency-specific provisions in addition to the State Pledge.

Therefore, the City of Del Mar shall enhance, as needed, the State Pledge with the additional pledges which shall, after adoption by the City Council, be attached hereto as Exhibit A and offered along with the State Pledge to all potential candidates, and their campaign managers and treasurers as applicable, for City Council and their controlled committees, and to independent committees in the City of Del Mar in support or opposed to such candidates, or in support or opposed to ballot measures submitted at any Del Mar municipal election.

B. Promulgation and Adoption.

1. Whenever it is deemed necessary or desirable, the City Council shall call for a public discussion to consider the community’s values and mores on the conduct of fair and ethical municipal election campaigns. Thereafter, in its discretion, the City Council may adopt or amend, by a resolution approved by a majority of its members, guidelines or examples that define conduct or activity that is deemed fair and ethical and conduct or activity that is deemed unfair or unethical, in its municipal election campaigns in the form of a Supplemental Fair Campaign Practices Pledge

2. Upon the approval by the City Council of a resolution adopting or amending these Supplemental Fair Campaign Practices, the City Clerk shall post a copy of the resolution in a public place for thirty days.

3. The City Clerk shall thereafter make copies of the approved or amended Supplemental Fair Campaign Practices available to any person upon request.

C. Candidate Education

1. Candidate Meeting and Pledge. Upon the close of the nominating period for each municipal election, the City Clerk, City Attorney, or other qualified person on behalf of the City, shall conduct one-on-one or group training and discussion session(s) for all qualified candidates to provide information regarding California and Del Mar campaign laws and to present the California Code of Fair Campaign Practices, as required under Section 20400 of the California Elections Code, and any Del Mar Supplemental Fair Campaign Practices 22 May 19, 2026 Item 6

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
108 DEL MAR FAIR CAMPAIGN PRACTICES
DATE ADOPTED: 2-20-2018
BY RESOLUTION: 2018-06
PAGES: 3 OF 3
adopted by the City Council pursuant to this Council Policy. Each candidate shall be offered the opportunity to voluntarily endorse, subscribe to, and solemnly pledge to conduct his or her campaign in accordance with these principles and practices. The City Clerk shall inform each candidate, along with their campaign managers and treasurers as applicable, that the subscription to the either of the Fair Campaign Practices Codes is voluntary. The City Clerk shall post all signed candidate pledges on the City website and make them available for inspection upon request by any member of the public.

2. Pre-Election Public Workshop. When, in the discretion of the City Clerk, there is sufficient interest and available resources, prior to the close of the candidate nomination period, the City Clerk may prepare, publish notice of, and provide for a public workshop and training program to be conducted regarding state and local campaign laws, and Fair Campaign Practices (as defined in this Policy) for all interested or concerned members of the public.
23 May 19, 2026 Item 6
EXHIBIT “A”
COUNCIL POLICY 108

CITY OF DEL MAR SUPPLEMENTAL CODE OF FAIR CAMPAIGN PRACTICES As a candidate, campaign manager, treasurer, or campaign committee chairperson in the City of Del Mar, I acknowledge and pledge as follows:
(1) The release or distribution of campaign materials late in the campaign deprives candidates, against whom such materials may weigh, the opportunity to respond.

Therefore, I pledge to refrain from distributing new campaign materials that are not a direct response to materials or statements by opponents or members of the public at least two days (Sunday and Monday) prior to Election Day. During the final two days prior to Election Day, I will focus my campaign activities on direct personal contacts and to “get out the vote” activities.
(2) The use of anonymous surrogates or “straw men” as a campaign tactic misleads voters and deprives them of critical information regarding the relationship between such devices and the candidate who encourages or employs them. Therefore, I will not use such tactics, or allow my committee to use such tactics, in my campaign. (3) The voters of the City of Del Mar are entitled to expect that candidates will be truthful, honest, and forthcoming in all campaign materials and conduct. Therefore, I further pledge:
a. To take personal responsibility to review and to fact-check all campaign materials released by myself or my committee.
b. To disavow any assertions made on my behalf that I know or reasonably should know to be false or misleading.
c. Not to exaggerate or embellish any campaign information presented as fact. d. Not to use personal slurs or innuendoes about another candidate. e. Not to knowingly make any false claims and, if I discover an inadvertent false claim, to publicly acknowledge the falsehood and correct the record as soon as I discover it.

I, the undersigned, candidate for election to public office in the City of Del Mar, California or campaign manager, treasurer or chairperson of a committee making any independent expenditures in a Del Mar City Measure, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices.

Date Signature
Print Name
24 May 19, 2026 Item 6
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Emily Bernardo, IT Manager
Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: May 19, 2026
SUBJECT: First Amendment to the Agreement with the Del Mar Television Foundation for Television Studio Operations, Broadcast, and Production Services REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Approve the First Amendment to the agreement with Del Mar Television Foundation (DMTF) (Attachment A) for Television Studio Operations, Broadcast, and Production Services, extending the term of the Agreement and adjusting the fee schedule with a two-percent annual escalator for an additional two-year period ending June 30, 2028; and 2) Authorize the City Manager to execute the Amendment.

BACKGROUND:

On June 12, 2021, the City of Del Mar entered into a three-year agreement with DMTF (Attachment B) to provide services for the operation, broadcast, and production of the City’s public, educational, and governmental (PEG) channel (also known as Del Mar TV). The agreement expires June 30, 2026, and allows an extension of up to two years.

Del Mar TV is available to residents via cable television and is streamed 24/7 through the City’s website (www.delmar.ca.us/watch). Community programming and public service announcements are also available on demand through the Del Mar Television Foundation website (www.delmartv.com).

DMTF has operated the PEG channel since 2008 and serves as a valuable resource to both the City and the community. The agreement assigns the Del Mar Television Foundation responsibility for operating and supporting the City’s public, educational, and government (PEG) television channel and broadcast studio. Its key duties include coordinating closely with City staff; managing day‑to‑day studio operations (such as scheduling programming, maintaining the bulletin board, and handling video processing and administrative tasks); maintaining and overseeing broadcast equipment; producing and cablecasting government programming, including City meetings and informational videos; and supporting communityaccess programming by supervising content, screening submissions for technical compliance, assisting community producers, and providing training and outreach. The Foundation must also staff and manage crews for the production and broadcast of up to 60 1 May 19, 2026 Item 7
City Council Agenda Report
First Amendment Del Mar Television Foundation Agreement June 2, 2026

government meetings per year (including City Council, Planning Commission, and Design Review Board), along with additional public information video production and community programming support services. DMTF staff are responsible for disconnection/reconnection, testing, and validation of the Town Hall A/V system on a regular basis in support of concerts and other events that require the reconfiguration of the room setup and break-down of the dais.

DISCUSSION/ANALYSIS:

DMTF provides essential operations management and production services for the PEG channel, as well as audio-visual and broadcast support for government meetings to the City.

Their expertise has been critical during major initiatives, including the Civic Center construction project, pandemic-era hybrid meetings, and recent equipment replacement efforts involving microphones, digital audio processors, and character generator systems.

To comply with new Brown Act requirements for public meetings as required by Senate Bill 707 by July 2026, the City must reinstate hybrid meetings and implement closed captioning.

DMTF will be integral to the deployment and ongoing operation of the necessary hardware and software to meet these requirements.

Due to the complexity of the broadcast and audio-visual systems in Town Hall, as well as the high-level of expertise and community value that DMTF provides, it is recommended to extend the agreement for an additional two-year term, through June 30, 2028.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. Costs for services provided under the agreement with DMTF are $101,448 for the current fiscal year, which will increase by 2% annually through the term of the Agreement. Sufficient funds for DMTF costs are available in the adopted Fiscal Year 2026-2027 Operating and Capital Budget and will be requested during future budget cycles.

ENVIRONMENTAL IMPACT:

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

ATTACHMENTS:

Attachment A – First Amendment to Agreement
Exhibit B to Attachment A – Fee Schedule
Attachment B – Agreement for Television Studio Operations, Broadcast, and Production Services
2 May 19, 2026 Item 7

FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DEL MAR

AND DEL MAR TELEVISION FOUNDATION

FOR OPERATIONS, BROADCAST, AND PRODUCTION SERVICES
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 1st day of July 2026, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and Del Mar Television Foundation (“Consultant”) (collectively “Parties”).

RECITALS
WHEREAS, on June 21, 2021, the City and Consultant entered into an Agreement (Agreement), by which the City and Consultant established the terms and conditions for providing Del Mar’s Public, Education, and Governmental Access Channel (PEG) for a five-year period terminating June 30, 2026; and
WHEREAS, the Parties now desire to extend the term of the Agreement for an additional two-year period as provided for in Section 2.1; and WHEREAS, the First Amendment is necessary in order to extend the term of the Agreement and to continue to provide for a 2.0% Consumer Price Index (CPI) based annual increase to the fees for services.

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

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

2. DURATION OF AGREEMENT

2.1 Term, Time for Performance. The term of the Agreement is for a period commencing on July 1, 2021, and terminating June 30, 2028 (“Termination Date”) unless terminated earlier as set forth herein.

Section 2. Exhibit B to the Agreement (“Fee Schedule”) is hereby replaced by the new Exhibit B included with this First Amendment to continue to provide for an annual Consumer Price Index based price increase of 2.0%.

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

ATTACHMENT A
3 May 19, 2026 Item 7
City of Del Mar
First Amendment to the Del Mar Television Foundation Services Agreement

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

CITY OF DEL MAR,
a municipal corporation
By:

Ashley Jones, City Manager
DEL MAR TELEVISION FOUNDATION, a nonprofit corporation By:

Debi Salmon, President
ATTEST:

By:

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

By:

Christina Cameron, City Attorney
4 May 19, 2026 Item 7
City of Del Mar
First Amendment to the Del Mar Television Foundation Services Agreement

EXHIBIT “B”

FIRST AMENDMENT FEE SCHEDULE
Payment Schedule per Fiscal Year
FY Year Period Total QTR 1
(July –
Sept)
QTR 2
(Oct - Dec
QTR 3
(Jan –
Mar)
QTR 4
(Apr –
June)
FY 2027 7/1/2026-
6/30/2027
$103,476 $25,613 $25,613 $26,125 $26,125
FY 2028 7/1/2027-
6/30/2028
$105,546 $26,125 $26,125 $26,648 $26,648
A 2% cost escalator is applied each January during the contract term.

Invoices will be presented at the end of each quarter: Sept 30, Dec 31, March 31, June

30. 5 May 19, 2026 Item 7

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF DEL MAR AND DEL MAR TELEVISION FOUNDATION

FOR OPERATIONS, BROADCAST, AND PRODUCTION SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 21st day of June, 2021 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and the Del Mar Television Foundation, a 501(c)(3) non-profit organization (“Consultant”) (collectively “Parties”).

WHEREAS, the City desires to employ a consultant to provide operations, broadcast, and production services for Del Mar’s Public, Education, and Governmental Access Channel (PEG) (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.

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

1. CONSULTING SERVICES.

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

1.2. Project Coordinator. The Information Technology Manager is hereby designated as the Project Coordinator for City and will monitor the progress and execution of this Agreement. Consultant shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for Consultant. Debi Salmon, Del Mar Television Foundation President, is hereby designated as the Project Director for Consultant. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services.

1.3. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
6 May 19, 2026 Item 7
Consulting Services Agreement
For Operations, Broadcast, and Production Services

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for a period of five years beginning July 1, 2021 and ending June 30, 2026. The Agreement may be extended for an additional two-year period upon written agreement of both Parties.

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

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

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

2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice.

Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.

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

4. COMPENSATION.

4.1 Total Amount. Compensation to Consultant shall be provided in accordance with the rates described in the Fee Schedule contained in Exhibit “B.” Consultant shall bill the City for work provided and shall present a written request for such payment quarterly.

City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.
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4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with Scope of Services contained in Exhibit “B.” City and Consultant shall agree to the costs prior to commencement of such work.

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

6. STATEMENT OF EXPERIENCE. Consultant agrees that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. By executing this Agreement, Consultant represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City. Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

7. AUDIT OF RECORDS.

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

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

8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent 8 May 19, 2026 Item 7
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of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.

9. CONFLICTS OF INTEREST.

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

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

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

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

11. INSURANCE

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

11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment 9 May 19, 2026 Item 7
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of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.

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

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

11.3.2 Commercial Automobile Liability. Not applicable. DMTF does not own any vehicles.

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

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

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

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

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

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

11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City. 10 May 19, 2026 Item 7
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11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

12. DEFENSE AND INDEMNIFICATION.

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

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

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

13. SUBCONTRACTORS.

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

13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement.

The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.
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13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.

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

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

If to City: If to Consultant
City of Del Mar Debi Salmon, President
City Clerk Del Mar Television Foundation
1050 Camino del Mar 1050 Camino del Mar
Del Mar, CA 92014 Del Mar, CA 92014
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

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

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

Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
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19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.

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

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

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

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

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

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

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

25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not 13 May 19, 2026 Item 7
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be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.

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

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

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

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

SCOPE OF SERVICES
The CONTRACTOR shall provide support for CITY’s government, public access and local origination programming for broadcasting and distribution on the local cable television system. The CONTRACTOR shall provide support in the operation of the Del Mar TV Studio related to: (1) coordinating services with the CITY; (2) providing maintenance of equipment; (3) producing and cable casting government programming; and (4) community-produced programming, which may include, without limitation: (a) managing access of community-produced programming; and (b) supervising production of community-produced programming, as follows:

1. COORDINATING SERVICES WITH CITY
In providing the DESCRIBED SERVICES, CONTRACTOR will coordinate with a key contact person, designated by the CONTRACT OFFICER from time to time, with regard to matters affecting the studio and/or access channel policy, procedure, and provision of the DESCRIBED SERVICES. CONTRACTOR may treat information, instructions, and requests received from the designated key contact person as being authorized by the CITY, unless inconsistent with the express provisions of this AGREEMENT.

CONTRACTOR will provide administrative services to include programming and operating the Del Mar television bulletin board, channel scheduling, video file compression and video file uploading/downloading, handling messages and other scheduling duties at the studio on a regular posted schedule of 25 hours per week Monday through Friday.

2. THE MAINTENANCE OF EQUIPMENT
During the term of this AGREEMENT, CITY shall make available to CONTRACTOR all broadcast and audio-visual equipment purchased by CITY for the purpose of broadcasting, recording, and supporting government meetings. CONTRACTOR will perform preventive maintenance for the equipment referenced herein, to include cleaning and diagnostic inspection every six (6) weeks and oversee/manage equipment maintenance. CONTRACTOR shall keep CITY advised concerning the condition of the equipment.

CONTRACTOR is not responsible for costs of any parts, repair, or replacement of the equipment. CITY is responsible for supplies and engineering services to maintain the equipment.

CONTRACTOR shall assist CITY and community non-profit groups with the A/V setup for Town Hall events including the disconnection and reconnection of the dais A/V equipment. When possible, CITY to provide a minimum one-week notice of any additions and/or changes to Town Hall event schedule that will require CONTRACTOR’s assistance with A/V setup and/or support. If said change causes additional costs to CONTRACTOR, CITY agrees to reimburse CONTRACTOR’S costs.

3. PRODUCING AND CABLECASTING GOVERNMENT PROGRAMMING
a. Meetings. CONTRACTOR will provide a supervisor and a crew (contract workers or employees) for the production and cable casting of up to sixty meetings per year for City Council, Planning Commission, Design Review Board, and other special workshops as-needed.

Crew call for each of the meetings will begin two hours prior to the meeting and the supervisor and crew will remain until the conclusion of the meeting, up to a maximum of eight (8) hours. Any personnel time extending beyond eight (8) hours will be billed overtime to the CITY based upon the rates specified in this AGREEMENT.

The minimum rate for any meeting is four hours.

Designated CITY contact will coordinate with station manager to facilitate the meetings and to give ample notice of any changes in schedule, set up, etc. in order for station manager to notify crew or make any 16 May 19, 2026 Item 7
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necessary changes. When possible, CITY to provide one week notice of any additions and/or changes to meeting schedule and/or meeting format. If said change causes additional costs to CONTRACTOR, CITY agrees to reimburse CONTRACTOR’s costs.

The station manager will coordinate with the City’s Video Streaming provider to insure meetings are livestreamed over the Internet and will notify the vendor if there are any issues with the live video streaming. b. Additional Government Programming Services. CONTRACTOR will provide production of up to four, two-minute public information videos per year at the CITY’s discretion. CONTRACTOR may submit proposals to provide additional government programming services, on a case-by-case basis, in response to the CITY's written request. Any production services beyond the four informational videos will be billed to the CITY at the rates specified in A this AGREEMENT.

4. COMMUNITY-PRODUCED PROGRAMMING
CONTRACTOR will provide staff to cover two (2) hours per week of community television/public access administration and supervision on government taping days (Monday-Wednesday). This includes screening of tapes/CDs/DVDs/digital recordings to ensure they meet technical quality requirements and preparation of schedules and community-producer tapes/CDs/DVDs/digital recordings for airing on public access and/or oversight of community producers. CONTRACTOR agrees to certify as Technical Supervisors at least two Community Producers who successfully meet CONTRACTOR’S established criteria. These certified Technical Supervisors will be authorized to operate recording equipment, editing equipment, log videotapes/digital recordings, and otherwise utilize the studio in compliance with established procedures and operating rules, in the absence of CONTRACTOR's technical personnel. CONTRACTOR and CITY will cooperate to establish a community users group for use of the Del Mar Community Television facilities.

During the term of this agreement, CONTRACTOR agrees to assist in the production of public access programming including maintaining the community bulletin board. The actual amount of CONTRACTOR time will depend upon available funds. Use of the reserved production assistance time will be a four (4) hour minimum and with five (5) working days prior notification. Any and all crew costs for community producers are the responsibility of the producer, and not the CONTRACTOR, nor the CITY. a. TRAINING
During the term of this agreement, CONTRACTOR agrees to establish an academic program involving students of broadcasting/journalism from area educational institutions. b. COMMUNITY TELEVISION PROGRAM SCREENING
Community-produced programs will be screened for adherence to public access guidelines and technical quality requirements, marked and scheduled to run on the public access channel (Del Mar TV).

CITY, or its designee, is responsible for establishing rules and guidelines for the use of community television facilities. CONTRACTOR will screen programs in accordance with FCC regulations and established guidelines and rules set by the CITY, through its identified key contact person, for further action, consideration and decision. If a program meets standards for air time, it will be scheduled and cablecast.

Issues concerning objectionable content are the responsibility of the CITY, and not CONTRACTOR. c. DEL MAR COMMUNICATIONS CENTER OPERATING GUIDELINES
Further information, guidelines and procedures are described in the Del Mar Communications Center Operating Guidelines (CCOG) Exhibit “C”. The Del Mar CCOG is further defines the role of the CONTRACTOR in working with the CITY, the Community and the Del Mar Television Foundation. 17 May 19, 2026 Item 7
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Exhibit “B”
Fee Schedule
The CITY shall pay CONTRACTOR for the DESCRIBED SERVICES as follows:

The total contract amount for all services including coordinating services with the CITY; providing maintenance of equipment; producing and cable casting government programming; and administration and overhead costs:
* COVID Relief – The first half of FY22 is discounted based on a single operator for remote meetings and no public service announcements/community outreach. ** A 2% cost escalator is applied each January during the contract term beginning January 1, 2022.

Invoices will be presented at the end of each quarter: Sept 30, Dec 31, March 31, June 30.

Cost Breakdown for Services described in Exhibit “A”:

Scope of Services Amount
Government Meeting Video Production (60 per year) $31,500 Public Service Announcements (4 per year) $6,000
Station Management/Community Programming $48,750
Community Outreach $2,400
Administration $6,000

1. Government Meeting Video Production Services up to 60 meetings per fiscal year.

Includes tear down and setup of Town Hall.

Estimated Amount: $31,500
Five hours per meeting at $105 per hour.

For producing and cable casting government programming beyond the DESCRIBED SERVICES level or when a meeting extends beyond eight (8) hours, an additional charge will be based on:
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Each Supervisor $65.00/hour
Each Crew $40.00/hour

2. Public Service Announcements
Production of four, two-minute public information videos per year. $1,500 per video, upon request. Estimated Amount: $6,000
For production of public information videos beyond the four, two-minute videos per year, an additional charge will be based on the Del Mar Television Foundation Rate Schedule. The CONTRACTOR will continue to offer a substantial discount to the CITY for video production services.

3. Community Based Programming
Station Management (25 hours per week), coordinating services with the City, maintenance of equipment, A/V support. Hourly rate of $37.50. Estimated Amount: $48,750

4. Community outreach with local schools and universities.

Estimated Amount: $2,400

5. Administration and Overhead
Estimated Amount: $6,000
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Matt Bator, Principal Planner
Karen Brindley, Planning and Community Development Director Ralph Hicks, Assistant City Attorney
Via: Ashley Jones, City Manager
DATE: May 19, 2026
SUBJECT: City Council Review and Action on the Incomplete Entitlement Application Submittals for the proposed Seaside Ridge 259-unit residential development project located at 929 Border Avenue
REQUESTED ACTION/RECOMMENDATION: Staff recommends that the City Council adopt the Resolution (Attachment A) of this report to deny the Incomplete Application for the Seaside Ridge Development and to adopt an exemption from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Sections 15061(b)(4) and 15270(a), in that CEQA does not apply to a project which a public agency rejects or disapproves.

APPLICANT/OWNER: Carol Lazier, Trustee of the Stensrud Lazier Holding Trust dated 10/17/2011
SITE LOCATION: 929 Border Avenue
ASSESSOR’S PARCEL NUMBER(S): 298-241-06, 298-241-07, and 299-030-14 COMMUNITY PLAN DESIGNATION: R1-40 (Very Low Density)
LOCAL COASTAL PROGRAM LAND USE DESIGNATION: R1-40 (Very Low Density) ZONE: R1-40 (Very Low Density)
OVERLAY ZONES: Coastal Bluff Overlay; Bluff, Slope, and Canyon Overlay; Beach Overlay; and Lagoon Overlay
EXECUTIVE SUMMARY:

The Seaside Ridge Housing Development project proposes to build a 259-unit multiple dwelling unit residential development project on a vacant subject site that is currently designated for very low-density residential development. The project site’s ocean-fronting 1 May 19, 2026 Item 8
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Denial of the Incomplete Seaside Ridge Development Application May 19, 2026

bluff top location does not meet the State’s criteria of an urban infill site which requires at least 75% of its perimeter be adjacent to parcels already developed with qualified urban uses (defined as any residential, commercial, public institutional, transit/transportation passenger facility, retail use, or industrial use).

The project includes a request to include additional units through a state law mandate that allows for density bonuses when the developer includes affordable units in the project. Development of the project proposes significant grading resulting in major land alterations on the California Coastal Act protected bluffs. Vehicular and pedestrian access to the site is proposed from Camino del Mar via a new 26-foot-wide street with a 15% ascending grade, which will result in significant grading of existing steep slopes in City right-of-way that requires retaining walls with varying heights up to 18’ and the loss of public coastal access public parking.

The proposed project includes nine (9) single-to five story buildings over three levels of garage parking with building heights ranging from 28’ to 56.’ The proposed project includes a mix of 88 market rate units, 42 lower income units and 43 moderate income units comprised of a mixture of micro, studio, and 1-3 bedroom units.

As submitted, the Seaside Ridge project and application materials are inconsistent with the City’s Coastal Commission-certified Local Coastal Program (LCP). The Seaside Ridge project proposes a base density of 25 dwelling units per acre (du/ac), from which it calculates and includes a 50% State density bonus from the 25 du/ac, not from the existing LCP designated land use of “Very Low Density Residential” with an allowable base density of 1 du/ac (Attachment B).

Additionally, the project site is located within several Overlay Zones, which are Implementing Ordinances of the LCP, meant to protect coastal resources and ensure project compatibility with fragile coastal bluffs, public coastal views, coastal access, and downstream coastal resources.

Without rezoning the property and processing an amendment to the LCP and receiving certification from the California Coastal Commission to assure that the requested land use, its densities, and potential impacts to coastal resources in an environmentally sensitive area, findings for a (required) Coastal Development Permit (CDP) cannot be made. Analysis is also necessary with the rezoning/LCP amendment process to determine that increases in land use density on the uniquely situated North Bluff district of the LCP would not cause or increase potential impacts to public health and safety, especially in terms of bluff stability, emergency access and evacuation, and traffic impacts.

The Applicant and their legal representation assert that the Seaside Ridge housing project is “by-right” due to the City not having a certified 6th Cycle Housing Element at the time the Preliminary Development application was submitted to the City and that the full 2 May 19, 2026 Item 8
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application that was subsequently submitted to the City qualified as a “Builder’s Remedy” Project, enabling the Applicant to an administrative entitlement process instead of the City’s required discretionary planning entitlements as specified in the City’s LCP, Implementing Ordinances, Community Plan, and Municipal Code. As such, the Applicant submitted a “full” application that included Administrative (Planning and Community Development Director)/ministerial level decisions on the planning entitlement applications. Included with the application materials was a “Legal Justification for Administrative Entitlement Package” that included the position that the City was obligated to Administratively rezone the subject site to allow 25 du/ac density, leaving the City with no ability to remedy the proposed project’s inconsistencies with the City’s certified LCP and California Coastal Act. Furthermore, the Applicant claims the City is required to exempt the Project from environmental review under the California Environmental Quality Act (CEQA”).

Upon reviewing the Applicant’s administrative planning entitlement application submittals for the Seaside Ridge project and proposed processing fees, it was determined by the City that the application submittal was “Incomplete.” In accordance with State law, the Applicant was notified in writing that a Local Coastal Program Amendment, Community Plan Amendment, Rezone, Coastal Development Permit, Design Review Permit, Land Conservation Permit, Conditional Use Permit, and Environmental Assessment application and City Council adopted processing fees would be required before the proposed project could be deemed complete. On three more occasions, the Applicant submitted materials that included legal assertions which were inconsistent with the City’s requirement for a project submittal to be consistent with the certified LCP. The last submittal to the City was nonresponsive to planning entitlement materials and consisted of further legal justification for why the Applicant would not submit the discretionary planning entitlement applications and fees required by the City’s regulatory requirements.

The Applicant has continuously refused to submit the required discretionary planning applications, materials, and fees/deposits necessary for the City process a Local Coastal Program Amendment to change the land use density and rezone the property which would provide for the necessary review and analysis of potential impacts on coastal resources, as required by the California Coastal Act. State housing law does not preempt the mandates of the California Coastal Act and exemptions from CEQA are limited to “by-right” and urban infill project, for which the Seaside Ridge project does not quality.

The City has a duty and obligation to analyze proposed projects in accordance with the Coastal Act and CEQA to evaluate potential impacts to coastal and environmental resources. Here, because the Applicant has not submitted the required discretionary planning applications with associated processing fees and the project status remains Incomplete, this analysis cannot be completed without impacting the City’s general fund.

A core component of the Coastal Act is to allow public participation when there is proposed development within the Coastal Zone, and the Applicant has attempted to circumvent the 3 May 19, 2026 Item 8
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public process by claiming rights to an Administrative review process. The following sections of this report provide additional information and analysis as to why the developer’s submittal of the incorrect applications and refusal to do so has left the City with no other choice than to deny the project application as Incomplete.

BACKGROUND:

The coastal City of Del Mar is approximately 2.2 square miles in area and is surrounded on almost all sides by significant natural landforms and resources. The community is primarily comprised of single-family residential neighborhoods, with retail uses and restaurants in the small commercial downtown and several hotels. Proposed development within the City of Del Mar is subject to compliance with the certified Local Coastal Program (includes a Land Use Plan and Implementing Ordinances), the Community Plan, and the Del Mar Municipal Code (DMMC) (including Title 30, Zoning).

All proposed development requires submittal of discretionary Planning entitlement applications (on forms prepared by the City) and payment of application fees adopted by the City Council. The descriptions below identify the land use regulations that apply to the Seaside Ridge project site.

Community Plan and Zoning/Overlay Zone Designations:

The overall purpose of the Community Plan (City’s General Plan) is to preserve the unique environment, low density character and quality of life within Del Mar. The Community Plan serves as “the constitution” for all land use actions of the City. It is fundamentally a policy document that articulates the goals, strategies, and regulations regarding the distribution of land and its type and intensity of use, both public and private.

The Community Plan designates the project site as R1-40 Very Low Density Residential Development at a density of 0-1 unit per acre. The Community Plan states that, “This land use category is intended to allow single-family development that preserves an open character on land within areas that include steep slopes, bluffs, and/or canyons.” This designation is carried over in the City’s Local Coastal Program as further described below.

The subject site has a Zoning designation of Very Low Density Residential (R1-40). The R1-40 Zone is designed to provide for an area of one-family residential development at a density level consistent with the City Community Plan. The standards of the zone are intended to preserve an open and uncrowded character and protect the unique residential environment of Del Mar and are intended to promote and protect those special amenities associated with a district of single-family homes. As prescribed in both the Community Plan and Local Coastal Program, factors of topography and environmental sensitivities, the character of existing, low-density residential areas, and the need to identify Del Mar as a distinct and separate community must be taken into account in administering the development standards of the Zone.
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Overlay Zones:

The entire Seaside Ridge project site is located within the Bluff, Slope and Canyon (BSC) Overlay Zone. The BSC Overlay Zone (DMMC Chapter 23.52) and is a component of the City’s LCP and is designed to protect the public health, safety, and general welfare of the community and to control the development of properties within the designated zone in order to preserve the scenic sandstone bluffs and related canyons and steep slopes which characterize the area within the zone. The Overlay Zone is also intended to protect downstream environmental resources from the adverse impacts of erosion and sedimentation. These unique landforms provide visual relief and diversity within the City, and they define and separate neighborhoods and communities physically, thereby enhancing the overall quality of Del Mar's coastal environment.

The BSC Overlay Zone contains specific regulations to preserve on-site and nearby coastal resources, such as a 14-foot maximum height limit and limitations on the amount of steep slope disturbance a project can perform by grading or encroaching upon slopes with structures. Development review is determined by DMMC Sections 30.52.060 (Development Review) and 32.52.080 (Design Review) of the Bluff, Slope, and Canyon Overlay Zone, which require proposed development obtain a Conditional Use Permit and Coastal Development Permit, with decision authority of the Planning Commission; and a Design Review Permit, with decision authority of the Design Review Board. This DMMC Chapter is an LCP Implementing Ordinance and development proposals are subject to regulations contained therein.

The portion of the project site located west of Camino del Mar contains Coastal Bluff, as identified within DMMC Chapter 30.55, the Coastal Bluff Overlay Zone, and the purpose of the overlay zone is intended to “protect Del Mar’s fragile coastal bluffs as a visual resource and avoid the risks to life and property associated with bluff failure and shoreline erosion.” This is accomplished by requiring a minimum setback of 40 feet from the top edge of a Coastal Bluff, and also requires additional geotechnical studies to determine a proposed development’s potential to affect bluff stability over 70 years, taking into account the how physical condition of the bluff, bluff retreat, sea level rise, and El Nino events could create a need for greater distance of development setback from the top edge of the bluff. Development review is determined per DMMC Section 30.55.070 (Development Review) of the Bluff, Slope, and Canyon Overlay Zone, which requires proposed development obtain a Conditional Use Permit and Coastal Development Permit, with the decision authority of the Planning Commission. This DMMC Chapter is an LCP Implementing Ordinance and development proposals are subject to regulations contained therein.

The westernmost portion of the project site is also located within the Beach Overlay Zone, identified in DMMC Chapter 30.50. The purpose of the Beach Overlay Zone is (in part) “…to protect public access to and along the shoreline, while promoting public safety, health and welfare, and providing for the protection of private property.” This DMMC Chapter is 5 May 19, 2026 Item 8
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an LCP Implementing Ordinance and development proposals are subject to regulations contained therein.

The portion of the site located east of Camino del Mar is also located within the Lagoon Overlay Zone, identified in DMMC Chapter 30.53. The Lagoon Overlay Zone is composed of properties which are located directly in, or in proximity to the Los Penasquitos and San Dieguito Lagoons. The purpose of the Lagoon Overlay Zone is “to protect the wetland resources of these lagoon areas and their sensitive upland habitats by requiring that all development activities taking place in the zone are designed and implemented in a manner that is consistent with wetland habitat protection and enhancement.” Development review is determined per DMMC Section 30.53.070 (Development Review), which require proposed development obtain a Conditional Use Permit and Coastal Development Permit, with the decision authority of the Planning Commission. This DMMC Chapter is an LCP Implementing Ordinance and development proposals are subject to regulations contained therein.

Given the project’s location on a site that contains Coastal Bluff, any project on the site would be subject to the requirements for public access dedication and improvements to the coastline in accordance with DMMC Chapter 30.61 (Public Access), which in this case would be the top of the on-site coastal bluff. The purpose of the Public Access regulations is to ensure that physical access is provided to coastal recreation areas for the general public without creating a public safety concern, overburdening the City's public improvements, degrading the City's natural resources, or causing substantial adverse impacts to adjacent private properties.

Per DMMC Section 30.01.060 (Applications), an application for a discretionary permit authorized by Title 30 shall be made on a form approved by the Planning Director, and to be received for filing, the application must be complete and the applicant must deposit a sum in an amount determined by the Director to be the estimated processing fee, in accordance with the fees adopted by the City Council.

Land Conservation Permit:

DMMC Chapter 23.33 (Land Conservation Permit), regulates and ensures that development results in minimum disturbances of existing or natural terrain and does not create soil erosion, silting of lower slopes, slide damage, flooding problems, severe cutting or scarring. Development review is determined per DMMC Section 23.33.020 (Requirement), and 23.33.030 (Procedure) which requires proposed development that includes any alteration in the existing or natural grade elevation in excess of 18” submit an application on a form prepared by the Planning Department and must obtain a Land Conservation Permit with the decision authority of the Design Review Board. The proposed project includes significant grading and landform alteration in order to accommodate the proposed vehicular access to the project and creation of level building pad/area; therefore, a Land Conservation Permit and payment of processing fees is required.
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Coastal Development Permit:

DMMC Chapter 30.75 (Coastal Development Permit) is an implementing ordinance of the City’s LCP. The purpose of the Chapter is to establish the process for the review of all new development within the City of Del Mar to ensure that it will be consistent with the provisions of the City of Del Mar Local Coastal Program and California Coastal Act.

Development review is determined per DMMC 30.75.040 (Permit Required), which requires a valid Coastal Development Permit be obtained prior to the commencement of development. Further, per DMMC 30.75.130 (Application Requirements) requires that an application for a Coastal Development Permit must be initiated by submitting an application on a form provided by the Department of Planning and Community Development. DMMC Section 30.75.080 requires a public hearing for all projects that require a Local Coastal Program Amendment and the decision authority is the City Council. The Applicant submitted an Administrative CDP application, which is not authorized per 30.75.080.E.4, in that this project site is not located in the Housing Element Implementation Overlay Zone and does not qualify for by-right processing.

Certified Local Coastal Program:

The preparation and certification of Local Coastal Programs (LCPs) and their component parts is required by the California Coastal Act of 1976 to ensure that all land use and development activities within the City will be in conformance with the policies of the Coastal Act. The City of Del Mar’s LCP Land Use Plan (LUP) was certified by the California Coastal Commission on March 18, 1993, and the Implementing Ordinances were certified on September 11, 2001. The LCP is made up of two parts: 1) a LUP consisting of a set of policies to be utilized by the City to govern the types and locations of development; and 2) a set of Implementing Ordinances to carry out the policies of the LUP. The Implementing Ordinances are incorporated into the Del Mar Municipal Code.

The LUP is required to be implemented and enforced by the City through the procedures set forth within the LCP and the Del Mar Municipal Code. The LUP is a compilation of the goals, policies, and recommendations identified in the Community Plan. The LUP contains policies intended to preserve the existing character of the City and its environs, and addresses land use development, hazard control, coastal access, recreational opportunities, and sensitive lands. The entire incorporated City of Del Mar is located within the “Coastal Zone,” meaning that all land in the City is governed by the LCP, including the Seaside Ridge project site. Implementing Ordinances specifically applicable to the Seaside Ridge project site include Del Mar Municipal Code (DMMC) Chapters:

30.10 (R1-40 / Very Low Density Residential Zone); 30.52 (Bluff, Slope and Canyon Overlay Zone); 30.55 (Coastal Bluff Overlay Zone); 30.50 (Beach Overlay Zone); and

30.53 (Lagoon Overlay Zone), all of which are briefly summarized above.

The City’s Local Coastal Program, Community Plan, and Municipal Code require proposed development on the subject site be processed in accordance with discretionary planning applications with the City Council as the decision authority. 7 May 19, 2026 Item 8
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Site Description:

The project site is located at 929 Border Avenue in Del Mar (Attachment C), California and is situated southwest of the intersection of Camino Del Mar (Highway 101) and Via De La Valle, in the “North Bluff” Land Use district of the City of Del Mar Community Plan and the City’s Certified LCP. As described in the Del Mar Community Plan (General Plan), the location is an area that contains coastal bluffs and sensitive coastal resources, including archaeological resources, and is vulnerable to geologic/seismic hazards, wave action, and erosion, which can lead to creation of sea caves at the base of the bluff and bluff failures. Existing access to the site is taken from Border Avenue via an approximately 20-22 foot-wide privately maintained driveway located within the westernmost portion of the Camino del Mar public right-of-way. The driveway also provides vehicular access to the vacant property adjacent to Border Avenue and 101 Border Avenue, which is south of the project site.

The site is comprised of three existing parcels (APNS: 298-241-06; 298-241-07; 299-030- 14) consisting of a total of approximately 6.9 acres. Approximately 6.2 acres of the site is located on the west side of Camino del Mar, situated on an approximate 75-foot-high bluff top that overlooks the Pacific Ocean. A portion of Parcel APN 298-241-07 is located on the West side of Camino del Mar and another small portion is located east of Camino Del Mar and became a remnant of said parcel when the Camino Del Mar/Highway 101 rightof-way was developed.

Previous residential improvements on the site west of Camino del Mar consist of vacant two-story wood-framed house, caretaker’s structure, a pool and pool house, gazebo and terrace area along the bluff top, which were removed from the site in 2017. The remnant portion located east of Camino del Mar is vacant and slopes steeply down to the east, to an area of salt water marsh.

PRIOR APPLICATION HISTORY AND PROJECT GROWTH:

Preliminary Development Application (PDA22-001):

On October 4, 2022, a “Preliminary Development Application” (PDA22-001) was filed with the City in accordance with California Senate Bill SB-330 and Government Code Section 656941.1. As required by State housing law, the application was “deemed filed” upon receipt of submittal fees on October 17, 2022. However, the letter from the City to the Applicant regarding the “deemed filed” application explained that the proposed project was not consistent with the current zoning and density allowances for the property located at 929 Border Avenue, that the City’s adopted Housing Element identifies a sufficient inventory of sites with correct zoning and capacity to meet the City’s Regional Housing Needs Assessment (RHNA) allocation without the need to rezone properties, and that any future submittal for development entitlements for the proposed project must include the following discretionary applications and associated fees and/or deposits:
• Local Coastal Program Amendment (LCPA)
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• Rezone Application
• General (Community) Plan Amendment
• Environmental Assessment Application
• Design Review Permit Application
• Conditional Use Permit Application
• Coastal Development Application
• Land Conservation Permit Application
• Boundary Adjustment Application
• Long-Term Major Encroachment Permit
• Tree Removal Permit Application
PROPOSED PROJECT APPLICATION:

Administrative Coastal Development Permit Application (CDP23-008):

On March 30, 2023, the Applicant submitted an Administrative Coastal Development Permit application and associated materials to the City for the 259-unit Seaside Ridge housing development. The two primary Planning Application forms submitted to the City included a Uniform Development Application, Submittal Checklist for a Design Review Permit which was altered by the Applicant to say, “Submittal Checklist Administrative Coastal Development Permit HEI-OZ”; and subsequent materials that included a Supplemental Questionnaire CDP-Coastal Development Permit (Attachment D); associated plans and technical studies, as well as a “Legal Justification for Administrative Entitlement Package.”
The application was filed within the required 180-day time-period following the City's formal acceptance of the Preliminary Development Application (PDA22-001). As mentioned earlier, the Applicant’s submittal was based on a self-described premise that an existing Municipal Code Chapter (30.92), the Housing Element Implementation Overlay Zone (HEI-OZ), applied to the Seaside Ridge project site, and created their own HEI-OZ “Administrative Coastal Development Permit” application/checklist form, altering the City’s “Submittal Checklist for a Design Review Permit.” The CDP23-008 plans can be viewed via the following link: delmar.ca.us/DocumentCenter/View/8632/ArchitecturalPlans The HEI-OZ was developed and adopted specifically for vacant property located within the North Commercial Zone located at the southeast corner of Jimmy Durante Boulevard and San Dieguito Drive, commonly known as the Watermark Site (APNs 299-100-47 and 299-100-48). The HEI-OZ, as adopted by the City Council and subsequently certified by the California Coastal Commission to amend the City’s LUP, does not apply to any other project in the City of Del Mar, including the Seaside Ridge development site.

The HEI-OZ Ordinance specifically states the creation of Del Mar Municipal Code Chapter

30.92 creates a new Housing Element Implementation Overlay Zone (HEI-OZ) as an 9 May 19, 2026 Item 8
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overlay zoning tool that can be applied to real property through future rezone actions at the discretion of the City Council when necessary to implement future required City of Del Mar Housing Element program actions per state law. When enacting such legislation, the City Council would include objective regulations and design standards that are adapted to the unique locational, environmental, and public safety considerations of the site to which the HEI-OZ is applied. However, in no way does the Planning and Community Development Director have any authority to administratively rezone a project site by applying the HEI-OZ outside of the Community Plan and LCP amendment processes.

Planning and Community Development Department staff, in consultation with the City Attorney, reviewed the subject Application and its proposed administrative entitlement materials and the accompanying legal supporting memorandum within the statutory 30-day period required by State law. The result of staff’s review was a determination by the Planning and Community Development Director (Director) on April 27, 2023, that the application submittal was Incomplete and contrary to the Applicant’s legal representations was not supported by law, and that submittal of a Local Coastal Program Amendment, Community Plan Amendment, Rezone, Coastal Development Permit, Design Review Permit, Land Conservation Permit, Conditional Use Permit, and Environmental Assessment application and processing fees would be required before the proposed project could be deemed complete and processed. The April 27, 2023, written determination is included as Attachment E.

Key to the City’s initial and lasting determination that the development application was Incomplete was section #3 of the City’s April 27, 2023 letter, which begins with the statement, “Given the project’s proposed density, heights, scale, location, and its likely environmental consequences there is no aspect of the proposed project that is consistent with the Coastal Act or the City’s zoning regulations.” This statement, followed by a clear and detailed explanation of the role played by the City’s certified LCP, made clear the City’s stance that nowhere in State law, is there a provision that allows a development Applicant to self-assign a zoning designation such as the HEI-OZ to a parcel of land and/or create its own versions of development applications.

The City’s regulatory structure requires the proposed project to process discretionary applications and is subject to California Environmental Quality Act. The Applicant has refused to submit the required discretionary entitlements, as further described in the next section.

Following the City’s initial determination of incompleteness, the Applicant resubmitted project materials and legal arguments three more times (it should be noted that the Applicant’s legal counsel submitted a letter to the City July 10, 2025, requesting the City to “rescind its prior incompleteness determination and find the application complete,” however, this did not constitute a formal planning application submittal and the City Attorney’s Office provided the response to the Applicant). 10 May 19, 2026 Item 8
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With each resubmittal, in accordance with State law, staff timely reviewed the materials provided within 30-days, and each time it was determined that the Applicant had not provided the required materials and funds in order for the City to deem the project “Complete.” The last and final review of a responsive resubmittal resulted in a fourth determination of “incompleteness” by the Director made on December 20, 2023. The three City letters of project determination have been included within Attachment F.

APPLICANT’S JUDICIAL ACTION AND APPEAL OF CITY DETERMINATION On March 1, 2024, the Applicant’s legal counsel filed a petition for writ of mandate with the Court to compel the City to deem the development application “Complete.” A writ of mandate is an expedited court proceeding that allows challenges to an agency’s approval or denial of a project or other action. However, the petition was dismissed by the Court on June 13, 2025, because the Applicant failed to exhaust their administrative remedies, such as an Appeal of the “incompleteness” determination to the City Council. An appeal of the Director’s determination would have been due within 10 working days of the December 20, 2023, determination.

On July 31, 2025, the legal counsel for the Applicant filed an appeal with the City, requesting that the City Council conduct a public hearing and overturn the Planning and Community Development Director’s determination that the Seaside Ridge Project Application was, and remains, “incomplete.”
On September 22, 2025, the City Council conducted an Initial Consideration of the Applicant’s appeal pursuant to the provisions of Del Mar Municipal Code (DMMC) Chapter

1.12 (Appeals). In accordance with DMMC Chapter 1.12, the purpose of an Initial Consideration of an Appeal is to determine whether to set the matter for public hearing.

If at least two of the City Council members present at the Initial Consideration vote to hear the matter, it will be set for a public hearing before the City Council. The City Council did not set the matter for a public hearing and upheld the Planning Director’s determination the Seaside Ridge development applications remained incomplete.

ANALYSIS/RECOMMENDATION OF DENIAL
The Application remains Incomplete and the Applicant has refused to submit the discretionary entitlement planning application and fees in accordance with the City’s certified LCP, Community Plan, and Municipal Code (including the LCP’s Implementing Ordinances) and City Council-adopted processing fees. The application materials that were submitted do not comply with DMMC 30.01.060 (A-D):

A. An application for a discretionary or ministerial approval or permit authorized by this Title shall be made on a form approved by the Director, and shall be recorded in the department's records.
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B. To be received for filing, the application must be complete and the applicant must deposit a sum in an amount determined by the Director to be the estimated processing fee.

C. The Director shall determine the amount of the deposit by reference to a cost schedule approved by resolution of the City Council.

D. Additions to the deposit may be required by the Director and shall be paid by the applicant or the processing of the application shall be terminated.

The Applicant has not submitted discretionary applications. As noted earlier, the Applicant submitted an altered Planning Application Checklist for a Design Review Permit application by modifying it (crossing out “DRB- Design Review Board Permit” and adding the text, “ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT” and adding/crossing off various sections in this application. This is not an authorized City of Del Mar Planning application form.

Builder’s Remedy and Project Growth:

The Seaside Ridge project and application materials submitted are inconsistent with the City’s Coastal Commission-certified Local Coastal Program, Community Plan and Zoning standards. The Applicant asserts “Builder’s Remedy” applies to the project and that the City’s refusal to process the project ministerially is a violation of the Housing Accountability Acy (HAA).

The Builder’s Remedy is a provision of the California Government Code Section 65589.5 that allows developers to bypass local zoning regulations and General (Community) Plan designations when a City’s Housing Element is out of compliance with State law and process development projects ministerially, or “by right.” As further explained below, the Builder’s Remedy does not apply to this project. Additionally, the Applicant asserts that because the project site is listed as a “contingency” housing site in the City’s 6th Cycle Housing Element, the City was obligated under State law to rezone the site through an administrative process without any public input or Council action.

It is the City’s position that the Builder’s Remedy does not apply because: 1) the project grew by 28% between the time of their preliminary application and their formal full application submittal and the Applicant was notified of the resulting loss of PDA vesting rights per the HAA in writing; and 2) the City had no affirmative obligation to rezone the Applicant’s North Bluff property because it was only listed as a “contingency” site in the City’s 6th Cycle Housing Element. On May 31, 2023, California’s Department of Housing and Community Development (HCD) certified that the City’s 6 th Cycle Housing Element
is in substantial compliance with State Housing Element Law, the City currently has adequate sites, and the City addressed all statutory requirements to establish “substantial compliance”. The 6th Cycle applies to the planning period of 2021-2029. 12 May 19, 2026 Item 8
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Additionally, the record is clear that the Seaside Ridge project grew by 28%, from the initial 308,968 square feet at the submission of the Preliminary Application, to 396,259 square feet at the time the Applicant submitted the full application. The 28% growth was caused by adding a large new level of parking and is important because it shows the project exceeds 20% growth between the preliminary and the full application. California Government Code Sec. 65941.1(d) states:
“After submittal of all of the information required by subdivision (a), if the development proponent revises the project such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the development proponent resubmits the information required by subdivision (a) so that it reflects the revisions. For purposes of this subdivision, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).” (Emphasis added)
As stated in the above-cited housing law, if the project grows by more than twenty percent (20%) than the square footage stated in the Preliminary Application, the application is deemed not submitted. (Gov. Code § 65941.1(d)). This detail is critically important in this application process because the applications showed significant growth between the time of the Preliminary Application and the submission of the full application that included the administrative entitlement application forms, thus rendering the Preliminary Development Application as not being submitted.

It is also important to note that HCD’s Housing Accountability Unit contacted City staff in July 2023 after receiving an inquiry related to the proposed Seaside Ridge Project. The project planner and Assistant City Attorney were remotely interviewed by the HCD staff, a discussion that was solely focused on the City determination that the proposed project increased in size following submittal of PDA22-001 by 28% and was no longer “vested” as a “by-right” project. Subsequent to the interview, staff received email confirmation from HCD that the Housing Accountability Unit had declined to further investigate the complaint and was closing the case (Attachment G).

However, the Applicant continues to request the City process the application at the Administrative (Planning Director decision) level instead of submitting the applicable applications and fees required by the LCP, Community Plan, Municipal Code and City Council adopted Fee Schedule. Specifically, the Applicant represents in their application materials the City should process the application per the following submittals:
• Administrative Coastal Development Permit
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• Administrative Tree Removal Permit
• Administrative Encroachment Permit
• Administrative Boundary Adjustment with Certificate of Compliance • Administrative Zoning Code Amendment (City responsibility, not the Applicant) As noted earlier, the project includes the following components:
• 259 multi-unit development in nine buildings with heights that range from 28 to 56 feet, which result from a requested 50% State Density Bonus that would require:
o concessions to increase lot coverage, decrease parking stall depth, and setback reductions; and
o waivers from development standards related to maximum building height, floor area ratio (FAR), allowed number of building stories, and excessive grading of substantially steep slopes.
• Proposed access from Camino del Mar that requires grading the steep slope located within the City’s public right-of-way
• Removal of approximately 10 public parking spaces along Camino del Mar • Lot consolidation of three parcels into one
• Grading on 5.56 of the 6.2-acre development site that includes 94,380 cubic yards of excavation and 970 cubic yards of fill
• Removal of existing mature vegetation and includes (protected) Monterey Cypress trees
Density:

The proposed project density is inconsistent with the LCP Land Use Density maximum of seven (7) single-unit dwelling units allowed by the LCP Designation of R1-40 (Very Low Density Residential). While the proposed project included a 50% State Law Density Bonus request, the subject site has an LCP land use designation Very Low Density Residential, 0- 1 dwelling units per net acre; this is the base density that determines the amount of “bonus” units per State law.

Instead, the Applicant based the Density Bonus on a base density of 25 du/ac and the proposed density is 37.5 du/ac. The Applicant’s materials indicate the subject site is approximately 6.9 acres. Based on the LCP R1-40 (Very Low Density) land use of 0-1 du/ac, the maximum base density of this site is seven (7) single dwelling units (6.9 * 1 = 6.9, rounded up to 7). The Very Low Density Designation “allows for low density at a maximum of 1 dwelling unit per acre” and therefore does not allow multi-unit development.

Therefore, since the project exceeds the allowable density, housing type, and goals/policies of the certified LCP, a Local Coastal Program Amendment is required to amend the land use designation and the text of the Local Coastal Program. This is a discretionary action that requires a Planning Commission recommendation and City Council decision; as well as a California Coastal Commission decision. There is no State law that requires backup contingency housing sites to be treated like the primary sites relied upon to meet RHNA. As 14 May 19, 2026 Item 8
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stated in the City’s certified Housing Element and consistent with State law, the backup sites only become applicable when necessary to ensure no net loss of adequate sites to meet RHNA.

Community Plan:

The Community Plan land use designation is consistent with the LCP, at 0-1 du/net acre.

The Community Plan land use designation does not allow multi-unit development. An amendment of the City’s General Plan (Community Plan) is required for any change to the Very Low Residential Density Land Use Designation located in the North Bluff District to allow multi-unit development on lots identified with the Assessor’s Parcel Numbers 298- 241-06, 298-241-07, and 299-030-14. Proposed/revised land use maps and Community Plan text revisions are required to be included with the application submittal by the Applicant.

Zoning/Discretionary Permits:

The project site currently has zoning designations of: Very Low Density – Residential (R1- 40); Coastal Bluff Overlay; Bluff, Slope, and Canyon Overlay; and Beach Overlay. In summary, the existing zoning designations allow very low density, single-unit residential development with minimum lot sizes of 40,000 square feet. Applicable Overlay Zone designations require the protection of coastal resources in accordance with the certified Local Coastal Program. To propose multi-unit residential development on the project site, the zoning must be changed to allow consideration of the proposal.

The Applicant has argued that the North Bluff property where Seaside Ridge is proposed should have been rezoned, that a rezone of the property was required under State housing law because the site is listed in the City’s Housing Element, and that the rezone of the property should have been completed administratively for processing as a “by right” action without need for City Council or Coastal Commission consideration.

These arguments by the Applicant are unfounded for many reasons, including:
• A rezone is a legislative action that cannot be processed administratively regardless of whether a project is considered “by-right” per State Housing law. • While the subject parcels are not eligible for “by right” housing development, the City has previous experience processing a required rezone and Local Coastal Program Amendment for a “by right” affordable housing development project during the 5th Cycle Housing Element. In that case, the rezone action and associated Local Coastal Program Amendment were subject to receipt of a Planning Commission recommendation, City Council adoption, and Coastal Commission certification in order to take effect.
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Because the project site is located in the Coastal Commission-designated Coastal Bluff Overlay Zone; Bluff, Slope and Canyon Overlay Zone; and Lagoon Overlay Zone, and the project requires significant grading to adequately create access and the housing units, the following discretionary permits are to be submitted in accordance with existing regulatory framework. To date, none of the identified discretionary applications have been submitted, nor have required fees been paid:
i. Conditional Use Permit Application
ii. Coastal Development Application
iii. Land Conservation Permit Application
As noted earlier, BSC, Coastal Bluff, and Lagoon Overlay regulations (DMMC 30.52.060,

30.52.080; 30.55.070, and 30.53.070, respectively) all require discretionary review through the requirement to obtain approval of a Conditional Use Permit and Coastal Development Permit. Pursuant to DMMC Section 30.75.040, the review of a Coastal Development Permit application may be combined with and/or processed concurrently with the review of any other discretionary permit application and the action of the decision maker shall be considered one consolidated action. Due to the need for legislative action in the form of an LCP amendment, the City Council would act on the project as a whole, which would include both legislative and discretionary actions. Therefore, the incomplete submittal of the Seaside Ridge Development is before the City Council as the decision-maker for a recommendation of denial.

Design Review Permit:

In accordance with DMMC Chapter 23.08.030 (General Scope of Requirement) and

23.08.060 (Procedure), all development in the City of Del Mar that is not otherwise exempted requires discretionary Design Review. Because the City determined that Seaside Ridge is not subject to the provisions of AB 1398 (Housing Element Rezone Sites), discretionary development applications and approvals are required in accordance with Del Mar Municipal Code (DMMC) Chapter 23.08. The Applicant was asked to submit an unaltered City of Del Mar Design Review Permit Application and Submittal Checklist but they refused to comply with this request.

Seaside Ridge Project Inconsistency with Del Mar’s Certified LCP and the Coastal Act:

The proposed Seaside Ridge development site is a vacant property on a coastal bluff containing and surrounded by sensitive resources and it is currently designated by the City of Del Mar’s certified LCP for very low density residential development (R1-40 Zone), with numerous overlay zone designations applied by the LCP to ensure adequate protection of those sensitive coastal resources.

There are two significant public coastal recreation areas in the immediate vicinity of the project site, 1) the Del Mar beach, which is a wide sandy beach owned by the State Lands Commission that offers a wide range of active and passive recreation opportunities and hosts 3 million or more visitors each year (reference: Del Mar Community Services annual 16 May 19, 2026 Item 8
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beach count database); and 2) the Scripps Bluff Preserve, which is a blufftop nature preserve that is owned by the City of Del Mar.

Yet, the proposed Seaside Ridge Development is proposing high density residential development on a site that is currently designated for very low residential development, contains coastal bluffs, sensitive coastal resources, and is in close proximity to the highly valued Del Mar beach public coastal access and recreation area and the Scripps Bluff Preserve.

The Seaside Ridge high density residential development proposal involves significant grading through a steep hillside (in the City’s right-of-way) to create a new access from the project site to Camino del Mar. Camino del Mar is a main north-south segment of Highway 101 through the City of Del Mar that is critical infrastructure relied on by the region for public access and recreation that serves residents, visitors, and commuters.

The grading and improvement of this section of Camino del Mar will result in the loss of at least ten public parking spaces that provide access to coastal resources.

The proposed Seaside Ridge project is in direct conflict with the City’s certified Local Coastal Program (LCP) and California Coastal Act policies and regulations that are the applicable standard of review for this project; and the project’s proposed mitigation is insufficient to address the impact from these conflicts based on Coastal Act provisions that prioritize protection of coastal resources over increased residential density on coastal blufftop, oceanfront sites within the first public roadway. For this reason, the Seaside Ridge Development application submittal was determined, and remains, “Incomplete” due to the immediate and outright inconsistency of the project’s design with Del to Mar’s certified LCP without amendment that State required coastal preservation policy document.

Additionally, as part of the discretionary consideration required by the City as discussed above, the City Council will also need to consider factors related to public safety from coastal hazards on the North Bluff (i.e., geologic/seismic hazards, wave action, erosion, sea caves, and potential for bluff failures), adequate access for fire and life safety, and evacuation, as well as site constraints and challenges related to coordination of access and utility connections to the two vacant sites (owned by Delfina Del Mar Development LLC and Stensrud Lazier Holding Trust) and existing single dwelling unit residential estate lot (101 Border Avenue owned by 101 Border LLC [El Khoury/Gilbert]).

Findings Required for Coastal Development Permits (CDP):

The Seaside Ridge Development project proposal would result in the construction of nine separate structures ranging from two– five stories in height, consisting of 259 dwelling units within the Coastal Zone, requiring extensive grading and bluff alteration to access the site. Therefore, the project requires the receipt of a discretionary Coastal Development Permit.
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As previously explained within this report, the proposed project does not conform to the allowed land use type and density designated for the project site by the City’s certified LCP. When new development is proposed, it is the City’s Planning and Community Development Department’s responsibility to evaluate the proposed development to determine consistency with the City’s Community Plan, LCP, Implementing Ordinances, and Municipal Code and all other applicable regulations, with a recommendation to the decision authority.

The Applicant has refused to submit the appropriate entitlement applications and processing fees, which has rendered the City unable to fully evaluate the project’s consistency with all applicable policies, codes, and standards because the project was never deemed “Complete.”
In accordance with DMMC Chapter 30.73, any determination granting a Coastal Development Permit must be supported by all of the findings listed below. Following each of the findings, staff provides a discussion as to why a finding can or cannot be made.

1. That the use for which the Coastal Development Permit is applied is permitted within the zone in which the property is located.

Staff Discussion: Multi-unit development is not an allowed use in the R1-40 Zone.

DMMC Chapter 30.10 - Very Low Density residential (R1-40) is an Implementing Ordinance of the LCP, allowing only one (1) residential dwelling unit per building site/lot of at least 43,560 square-feet. This finding cannot be made without amendment to the LCP. A CDP cannot be approved if this finding of fact cannot be made.

2. That the proposal meets the criteria of the applicable chapters of this Title.

Staff Discussion: The City’s Coastal Development Permit Chapter of the DMMC (30.75) is located in Title 30 of the Municipal Code (Zoning). The chapters of Title 30 that are applicable to the Seaside Ridge development project proposal include: 30.10 (R1-40/Very Low Density Residential Zone; 30.52 (Bluff, Slope and Canyon Overlay Zone); 30.55 (Coastal Bluff Overlay Zone); 30.50 (Beach Overlay Zone); 30.53 (Lagoon Overlay Zone); and 30.61 (Public Access). As is stated above, CDP required finding #1 cannot be made because the currently allowed land use and density for the project site in accordance with the City’s certified LCP is “Very Low Density Residential,” which allows for one (1) dwelling unit per each 43,560 square-foot building site. Project consistency with the other implementing ordinances of the LCP cannot be determined if the project is not an allowed use.

3. That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program.

Staff Discussion: The Seaside Ridge development project proposal would not be in conformity with the certified City of Del Mar Local Coastal Program because 18 May 19, 2026 Item 8
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multi-unit development is not an allowed use in the R1-40 zone (DMMC Chapter

30.10) and that chapter of the DMMC is an implementing ordinance of the LCP.

4. That for all development proposals located seaward of the first public roadway, the proposed development is consistent with and implements the applicable requirements for provision of public access contained in this Title and in the public access and public recreation policies of Chapter 3 of the California Coastal Act.

Staff Discussion: The Seaside Ridge development project proposal would be inconsistent with LCP Land Use Plan Goal IV-D which requires minimization of competition for public parking spaces adjacent to the beach and with the certified LCP’s Public Access regulations in Del Mar Municipal Code Chapter 30.61 which is intended to ensure that public access is provided to coastal recreation areas for the general public without creating a public safety concern, overburdening the City's public improvements, degrading the City's natural resources, or causing substantial adverse impacts to adjacent private properties.

The Seaside Ridge project as designed would create impediments to the public’s ability to access existing coastal recreation opportunities at the Del Mar Beach.

The project would significantly reduce availability of proximate public beach parking that is in high demand on a daily basis year-round. Approximately 200’ feet of public street parking (10 public parking spaces) would be removed from Camino del Mar (CDM) in order to create a vehicular access to the project site from CDM.

The Applicant proposes to provide public parking in the form of 25 spaces within the development on the project site. However, the proposed replacement parking spaces would be located out of the public’s view from Camino del Mar and the public path of travel to the beach and Preserve by being integrated into the housing development and likely to be unavailable to beach and Preserve visitors due to use by the development’s residents and their guests.

In addition, these public parking spaces are included in the inventory of public parking that is regulated by the City’s Coastal Development Permit approved by the Coastal Commission. Removal of these public parking spaces would require the City to modify the CCC approved CDP, which was not considered or proposed by the Applicant. As a result, public access to coastal recreation at the Del Mar Beach and Scripps Bluff Preserve would be significantly decreased and impaired.

5. That for all development proposals involving the construction or placement of a shoreline protection device, that the proposed development is consistent with and implements the applicable requirements of the Beach Overlay Zone and Setback Seawall Zone provisions contained in this Title and is consistent with and implements the provisions of the Chapter Three Policies of California Coastal Act.
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Staff Discussion: No shoreline protective devices are proposed.

6. That the proposal is consistent with and implements the provisions of public view protection policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan.

Staff Discussion: The proposed development would be up to five stories tall in an LCP Implementing Overlay Zone (BSC-OZ) that limits building height to 14 feet above natural grade. However, the Applicant has not submitted a Conditional Use Permit entitlement application and the project remains incomplete. Therefore, the project has not been fully analyzed to determine consistency with the LCP Land Use Plan and Lagoon Overlay Zone.

7. That for all development proposals on sites with identified wetland resources, the proposed development is consistent with and implements the provisions of the Lagoon Overlay Zone as contained within the City of Del Mar Local Coastal Program Implementing Ordinances and Land Use Plan.

Staff Discussion: The Applicant has not submitted a Conditional Use Permit entitlement application and the project remains incomplete. Therefore, the project has not been fully analyzed to determine consistency with the LCP Land Use Plan and Lagoon Overlay Zone. The Seaside Ridge development project does not propose any improvements or land alterations east of Camino del Mar, where a portion of the project site is located within the Lagoon Overlay Zone and wetland resources.

CONCLUSION:

The Seaside Ridge development project submitted application materials are inconsistent with the City of Del Mar’s certified LCP, both its Land Use Plan and Implementing Ordinances, Community Plan, and Municipal Code. The Applicant has flatly refused to submit the required discretionary entitlement applications, on City forms, with processing fees that are needed to amend the LCP and comply with the Program’s Implementing Ordinances.

In accordance with state law, the City has provided timely reviews and written documentation to the Applicant identifying all application materials and fees that are required for the City to deem the project “Complete” and continue processing the development application. As submitted, the proposed project is wholly inconsistent with the density, heights, setbacks, and many other elements specified in the City’s Coastal Commission certified LCP and DMMC.

Therefore, following four attempts by the Applicant to move forward with Administrative (meaning Planning Director decision only) processing for the proposed development project that is inconsistent with the City’s LCP, and under the LCP requires discretionary review and 20 May 19, 2026 Item 8
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an LCP amendment, it is staff’s recommendation that the City Council deny the Seaside Ridge 259-Unit Development Project Application due to its Incomplete status.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this agenda item as this is a private development project subject to development processing fees.

ENVIRONMENTAL IMPACT:

In accordance with California Environmental Quality Act (CEQA) Guidelines Sections 15061(b)(4) and 15270(a), in that CEQA does not apply to project which a public agency rejects or disapproves.

HOUSING IMPACT: The City’s certified 6th Cycle Housing Element remains in compliance with State Housing law and the City continues to implement its adopted housing strategies. This includes continued processing of all submitted development permit applications in good faith. The City has been recognized as a leader for 6th Cycle housing production in the region based on its implementation of required housing action programs, housing production of 77% of its assigned RHNA (135 units out of 175 total units assigned) and approved entitlements to date in excess of its RHNA (110% based on 192 total units already entitled) at mid-cycle for the planning years 2021 to 2029.

If a complete development application is submitted for the Seaside Ridge housing development project, it could further augment housing production and help the City to address a portion of its RHNA need to create at least 113 lower income units.

ATTACHMENTS:

Attachment A – Draft Resolution of Application Denial
Attachment B – LCP Land Use Map
Attachment C – Site Vicinity Map
Attachment D – Application Materials
Attachment E – Planning Director’s April 27, 2023, Incompleteness Determination Attachment F – Planning Director’s June 30, 2023, Sept. 26, 2023, Dec. 20, 2020, Incompleteness Determinations
Attachment G – Email to City Staff from HCD’s Housing Accountability Unit 21 May 19, 2026 Item 8
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, DENYING THE SEASIDE RIDGE

DEVELOPMENT APPLICATION AS INCOMPLETE AND

ADOPTING A CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) EXEMPTION FOR THE PROJECT PROPOSED AT 929
BORDER AVENUE (APNS: 298-241-06, 298-241-07, and 299-030- 14) IN DEL MAR, CALIFORNIA
WHEREAS, on October 4, 2022, Carol Lazier, Trustee of the Stensrud Lazier Holding Trust dated 10/17/2011 (Applicant), submitted a “Preliminary Development Application” (PDA22-001) to the City of Del Mar (City) in accordance with California Senate Bill SB330 and Government Code Section 656941.1 to build a 259-unit multiple dwelling unit residential development project (Project) that includes a density bonus request, significant grading and land alterations on protected bluffs on a vacant site located at 929 Border Avenue (Project Site), in the R1-40 (Very Low Density Residential) Zone; and WHEREAS, with the submittal of PDA22-001, the Applicant asserted, but the City disagrees, that the Project would be subject to ministerial processing and approval in accordance with California Government Code Section 65589.5 (aka “Builder’s Remedy”) and that the City is compelled by State housing laws to administratively rezone the Seaside Ridge Project Site because it was a “candidate site” in the City’s certified Housing Element; and
WHEREAS, PDA22-001 was deemed “filed” on October 17, 2022, upon the payment of the required application fee. The City notified the Applicant of the filing determination in writing, and included notification to the Applicant that that the Project was not consistent with the current zoning and density allowances for the property located at 929 Border Avenue, that the City’s adopted Housing Element identifies a sufficient inventory of sites with correct zoning and capacity to meet the City’s Regional Housing Needs Assessment (RHNA) allocation without the need to rezone properties, and provided a list of entitlement application types and associated fees and/or deposits that would be required for an future submittal for development entitlements for the Project; and WHEREAS on March 30, 2023, the Applicant submitted an Administrative Coastal Development Permit application (CDP23-008) and associated materials for the Project, the application was filed within the required 180-day period following the City's formal acceptance of the Preliminary Development Application (PDA22-001); and WHEREAS, on May 31, 2023, California’s Department of Housing and Community Development (HCD) certified that the City’s 6
th Cycle Housing Element is in substantial
compliance with State Housing Element Law and that the City currently has adequate sites and that the City addressed all statutory requirements to establish “substantial compliance”. The 6th Cycle applies to the planning period of 2021-2029; and Attachment A
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WHEREAS, the Applicant’s Administrative Coastal Development Permit application included a copy of the City’s Submittal Checklist for a Design Review Permit that was altered by the Applicant to say, “Submittal Checklist Administrative Coastal Development Permit HEI-OZ” and includes several additional annotations to the City’s checklist; and
WHEREAS, the Project Site is not located in the Housing Element Implementation Overlay Zone; and
WHEREAS, the Applicant asserts that “Builder’s Remedy” applies to the project and that the City’s refusal to process the application ministerially is a violation of the Housing Accountability Act (HAA). The “Builder’s Remedy” is a provision of the California Government Code Section 65589.5 that allows developers to bypass local zoning regulations and General Plan designations when a City’s Housing Element is out of compliance with State law and requires processing development projects ministerially, or “by right”; and
WHEREAS, the project design provided with the Applicant’s Administrative Coastal Development Permit application submittal was revised with additional enclosed parking area that caused a 28% growth in the Project’s construction, which is in excess of 20 percent (20%) allowed by California Government Code Section 65941.1(d). The substantial increase in building area results in the preliminary application being void until such time that applicant resubmits the information required by California Government Code Section 65941.1; and
WHEREAS, in accordance with California Government Code Section 65941.1(d), due to the growth of the project from the preliminary application to the full application submittal by 28%, the Applicant is not entitled to vested rights or Builder’s Remedy. The Applicant was notified in writing of the resulting loss of preliminary application vesting rights per the HAA. Further, the City had no affirmative obligation to rezone the Applicant’s North Bluff property because it was only listed as a “contingency” site in the City’s 6th Cycle Housing Element; and
WHEREAS, the California Housing and Community Development (HCD) Housing Accountability Unit (HAU) contacted City staff in July 2023 after receiving a complaint related to the City’s processing of the Applicant’s proposed project. The HAU collected information from the City specifically related to the City’s determination that the project increased in size following submittal of preliminary development application (PDA22-001) by 28% and was no longer “vested” as a “by right” project. Subsequent to the investigation, the City was notified by HCD that the HAU declined to further investigate the complaint and closed the case; and
WHEREAS, in accordance with California Government Code Section 65589.5, nothing in the Housing Element laws shall be construed to relieve the local agency (City) from complying with the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Nor shall anything in the Housing 23 May 19, 2026 Item 8
Resolution 2026-XX

Element laws be construed to relieve the local agency from making one or more of the findings required pursuant to Section 21081 of the Public Resources Code or otherwise complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code); and
WHEREAS, the City’s General Plan (Community Plan) and certified Local Coastal Program (LCP) designate the Project Site as a Very Low Density Residential land use with a zoning designation of R1-40, allowing one (1) dwelling unit for every 1 net acre (1 du/ac); and
WHEREAS, the entire Project Site is located within the Coastal Bluff Overlay Zone, as identified within DMMC Chapter 30.55, which is intended to “protect Del Mar’s fragile coastal bluffs as a visual resource and avoid the risks to life and property associated with bluff failure and shoreline erosion”; and
WHEREAS, the entire Project Site is located within the Bluff, Slope and Canyon (BSC) Overlay Zone. The BSC Overlay Zone (DMMC Chapter 23.52) is designed to protect health/safety and general welfare, and to control the development of properties within the designated zone in order to preserve the scenic sandstone bluffs and related canyons and steep slopes which characterize the area within the zone; and WHEREAS; all development located within the Coastal Bluff Overlay Zone and the BSC Overlay Zone require the application and issuance of a discretionary Conditional Use Permit and Coastal Development Permit; and
WHEREAS, on April 27, 2023, the City determined that the Applicant’s submittal was inconsistent with the City’s certified LCP in that the project proposal was an inconsistent land use for the property’s designation within the LCP and that the Application submittal was therefore deemed Incomplete and in order for the Application to be deemed Complete, the following applications and materials were required to be submitted with required fees and/or deposits for processing:
• Rezone Application
• Environmental Assessment Application
• Design Review Permit Application
• Conditional Use Permit Application
• (Discretionary) Coastal Development Application
• Land Conservation Permit Application
• Boundary Adjustment Application
• Long-Term Major Encroachment Permit
• Tree Removal Permit Application
WHEREAS. following the City’s initial determination of incompleteness, the Applicant resubmitted project materials three more times on May 1, 2023; August 28, 2023; and November 22, 2023, and with each resubmittal staff timely reviewed the materials within 30-days, and each time it was determined by the City that the Applicant 24 May 19, 2026 Item 8
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had not provided the required materials and funds in order for the City to deem the project “Complete”; and
WHEREAS, on March 1, 2024, the Applicant’s legal counsel filed a petition for writ of mandate with the Court to compel the City to deem the development application “Complete,” however, the petition was dismissed by the Court on June 13, 2025, because the Applicant failed to exhaust their administrative remedies, such as an Appeal of the “incompleteness” determination to the City Council; and WHEREAS, on July 10, 2025, legal counsel for the Applicant submitted a letter to the City requesting the City to “rescind its prior incompleteness determination and find the application complete and the City Attorney’s Office provided the response to the Applicant; and
WHEREAS, on July 31, 2025, the legal counsel for the Applicant filed an appeal with the City, requesting that the City Council of the City of Del Mar (City Council) conduct a public hearing and overturn the Planning and Community Development Director’s (Director) determination that the Seaside Ridge Project Application is “Incomplete”; and WHEREAS, on September 22, 2025, the City Council conducted an Initial Consideration of the Applicant’s appeal pursuant to the provisions of Del Mar Municipal Code (DMMC) Chapter 1.12 (Appeals) and upheld the Director’s decision; and WHEREAS, on May 19, 2026, the City Council of the City of Del Mar held a duly noticed public hearing to review the Seaside Ridge Development Project application materials submitted by the Applicant, and at which time all persons desiring to be heard were heard; and
WHEREAS, oral and written evidence was submitted and considered to include without limitation:
a. Applications and Plans submitted by the Applicant;
b. Written information submitted with the application;
c. Agenda Report, dated May 19, 2026, incorporated by reference as though fully set forth herein; and
d. Additional information submitted and testimony provided during the hearing on May 19, 2026.

WHEREAS, in accordance with requirements of the California Environmental Quality Act (CEQA), the City Council’s action to reject or disapprove a project is statutorily exempt pursuant to CEQA Guidelines Section 15378(a)(1) because it will not have a potential result in a direct or indirect physical change in the environment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar finds as follows:
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1. The Seaside Ridge development application was deemed Incomplete on April 27, 2023, the status remains Incomplete because the Applicant has not submitted discretionary planning entitlement applications and processing fees as required by Del Mar Municipal Code Sections 23.08.030; 23.08.060; 23.33.020; 23.33.030;

30.01.060; 30.52.060; 30.52.080; 30.53.070; 30.55.070; 30.75.040; and 30.75.130.

2. The proposed project is subject to the California Environmental Quality Act, and the Applicant has not submitted the required Environmental Assessment Application or paid processing fees. Since the project status remains Incomplete, the proposed project’s potential environmental impacts cannot be evaluated. The Project is proposing high density development on a site that is designated in the LCP as very low density residential in an area that contains sensitive coastal bluffs and sensitive coastal resources, including archeological resources, and is vulnerable to geologic/seismic hazards, wave action, and erosion which can lead to sea caves at the base of the bluff and bluff failures. State housing laws do not exempt multi-unit projects from CEQA.

3. The City of Del Mar 6th Cycle Housing Element was certified by the California Housing and Community Development Department on May 31, 2023, and HCD has determined the Housing Element is in compliance. The Builder’s Remedy does not apply to the Seaside Ridge Project because the project size increased by 28% between the time of the preliminary application and the formal full application submittal, thereby exceeding the allowable 20%. The Applicant was notified in writing vested rights were voided per Government Code Section 65941.1(d).

Furthermore, the City had no affirmative obligation to rezone the Applicant’s property because it was only listed as a “contingency” site in the City’s 6th Cycle Housing Element.

4. The California Coastal Act is not superseded by state housing laws, thereby allowing the City to enforce the City’s certified LCP.

5. The Land Use Designation for the Project Site is Very Low Density R1-40, which allows a maximum of 1.0 dwelling unit/per acre. The maximum allowable base density is 7 single unit dwellings based on the project site size of approximately

6.2 acres. Multi-unit development is not an allowed housing type in the R1-40 land use. The proposed project density is approximately 38 dwelling units/per acre, with the project using a base density of 25 dwelling units per acre for the Density Bonus calculation. The Seaside Ridge project’s proposed density far exceeds the allowed density per the City’s Coastal Commission certified Local Coastal Program (“LCP”). State Coastal Act law requires a jurisdiction’s Local Coastal Program Land Use Plan to be amended if a project is inconsistent with the requirements of the LCP. Further, the Coastal Development Permit findings cannot be made if a project design does not comply with the allowed density and this project does not comply with the LCP land use density and housing type. While the project proposes a Density Bonus per State Density Bonus Law (DBL) using a base density of 25 du/ac and included requested concessions to increase lot coverage, decrease 26 May 19, 2026 Item 8
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parking stall depth and setback reductions as well as waivers from development standards related to maximum building height, floor area ratio, allowed number of building stories, and excessive grading of substantially steep slopes, California Government Code Section 65915(m) explicitly states that the law does not supersede, alter, or lessen the effect or application of the California Coastal Act of 1976. This means housing projects using state density bonuses within the coastal zone must still comply with certified Local Coastal Programs. The proposed project does not comply with the LCP designated Land Use Plan density or housing type.

6. The Seaside Ridge project application remains incomplete because the Applicant has refused to submit CEQA and Coastal Act application processing fees and materials so the City could process amendments to its Local Coastal Program, Community Plan, and Municipal Code.

7. As a function of state Coastal Act law, the City’s LCP provides specific resource protection Overlay designations that protect environmentally sensitive coastal resources such as bluffs, canyons, and slope protections. The Seaside Ridge project site is located within these Overlay zones. The purpose of the Coastal Bluff Overlay Zone is to protect Del Mar's fragile coastal bluffs as a visual resource and avoid the risks to life and property associated with bluff failure and shoreline erosion. (DMMC 30.55.010). Seaside Ridge, at least on two sides of the project, is surrounded by these resource protection zones.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that the Incomplete Seaside Ridge Development Application is hereby denied.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, State of California, at a Regular Meeting held on the 19th day of May 2026. ____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:

Christina Cameron, City Attorney
City of Del Mar
27 May 19, 2026 Item 8
Resolution 2026-XX

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2026-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 19th day of May 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
28 May 19, 2026 Item 8

Attachment B

29 May 19, 2026 Item 8
Attachment C
1'' = 200 ft Seaside Ridge - Proposed
Project Site 05/13/2026
This map may represent a visual display of related geographic information. Data provided here is not a guarantee of actual field conditions. To ensure complete accuracy, please contact the responsible staff for the most up-to-date information. 30 May 19, 2026 Item 8
pg. 1

COVER SHEET FOR HOUSING DEVELOPMENGT PROJECT APPLICATION HEI-OZ ADMINISTRATIVE ENTITLMENT PACKAGE FOR SUBMITTAL MARCH 30 2023
Provide Email to Planning Department and copy Matthew Bator [email protected] & Karen Brindley [email protected]
EMAIL TEXT:

To: Planning Department City of Del Mar
CC: Mathew Bator& Karen Brindley
Subject: Application for Housing Development Project – HEI-OZ Administrative Entitlement Package.

Enclosed please find an Application for a Housing Development Project with the accompanying administrative entitlement package for processing pursuant to State Housing Law including AB 1398 and the City’s HEI-OZ.

The project site is vacant property located at 929 Border Avenue Del Mar, CA comprised of APN’s 298-241-06, 298-241-07, 299-030-14
The current City of Del Mar Fee Schedule (Planning/Engineering) does not list fees for a by-right Housing Development Project subject to the City’s HEI-OZ. In lieu, a check is provided with the application package in the amount of $26,740.70 for the following reasonable fees and deposit amounts outlined in Item 4 of Table of contents below, based on the Fee Schedule City of Del Mar as published.

1. City Application Number/Project Name: Seaside Ridge

2. Location of development proposal, (as applicable), including street address and APN – Proposed Development Located at 929 Border Avenue in the City of Del Mar APN’s: 298-241-06, 298-241-07, 299- 030-14

3. Date of Submittal: March 30, 2023

4. Party submitting the Information: Manuel Nieto Authorized Agent

5. Contact Name/Telephone Number and email of party submitting the materials – Manuel Nieto/760-535- 2772/email:[email protected]

6. Table of Contents below listing the documents included in the submittal package.

TABLE OF CONTENTS
0) 929 Border Avenue (Nieto) Cover Letter
0A) 929 Border Avenue (Nieto) Administrative Coastal Development Permit HEI-OZ Submittal Check List 1) 929 Border Avenue (Nieto) Uniform Development Application (UDA) 1A) 929 Border Avenue (Nieto) Project Description Affordable Housing & Coastal Resource Protection 1B) 929 Border Avenue (Nieto) Legal Justification for Administrative Entitlement Package 2) 929 Border Avenue (Nieto) Project Data Summary Table 3) 929 Border Avenue (Nieto) Supplemental Questionnaire for Coastal Development Permit (CDP) 4) 929 Border Avenue (Nieto) Application Fees - Estimated Fee Schedule Check delivered to City Planning on 3/30/23
5ABC) 929 Border Avenue (Nieto) Proof of Ownership - Grant Deed - Authorization for Owner to sign - Title Report
6) 929 Border Avenue (Nieto) Letter of Authorization for Agent to submit project Attachment D
31 May 19, 2026 Item 8
pg. 2
10) 929 Border Avenue (Nieto) Project Priority Assessment Form 11) 929 Border Avenue (Nieto) Stormwater Checklist for Standard Projects 14) 929 Border Avenue (Nieto) Site Photographs/Photo Key Map See Sheet A-0.3 Architectural Plans 15A) 929 Border Avenue (Nieto) Project Plan Set Cover Sheet & Site Plan See Architectural Plans Sheets CS1.0, CS1.1, CS1.2, AS1.0
15B) 929 Border Avenue (Nieto) Architectural Plans
15C) 929 Border Avenue (Nieto) Drainage & Grading Plans 15C1) 929 Border Avenue (Nieto) Drainage Report by PDC
15D) 929 Border Avenue (Nieto) Best Management Practices (BMP) Site Plan 15E) 929 Border Avenue (Nieto) Landscape/Irrigation Plans 15F) 929 Border Avenue (Nieto) Hardscape Plan See Sheet # L5.0 of Landscape Plans 15G) 929 Border Avenue (Nieto) Fence/Wall Plan See Sheet # L6.1 of Land scape Plans 15H) 929 Border Avenue (Nieto) Lighting Plan See Architectural Plans Electrical Sheets # EL 15I) 929 Border Avenue (Nieto) Exterior Mechanical Equipment Specs. See Architectural Plans-Mechanical preliminary locations shown – Detail design on DD and Construction Docs in future 15K) 929 Border Avenue (Nieto) Site Survey/Topographic Map See Drainage & Grading Plans Sheet #.C-1.0 15K1) 929 Border Avenue (Nieto) Proposed Lot Consolidation Easement Plat 15K2) 929 Border Avenue (Nieto) Record of Survey
15M) 929 Border Avenue (Nieto) Photo Simulation Proposed Development See Architects Plan Sheet # C1.0,1.1 and 1.2
15N) 929 Border Avenue (Nieto) Arborist Report On Site by Rappoport Consulting Services 15N1) 929 Border Avenue (Nieto) Arborist Report Off Site by Rappoport Consulting Services 15O) 929 Border Avenue (Nieto) Slope Stability Analysis – See Soils Report Item 15P) 15P) 929 Border Avenue (Nieto) Soils Report by Geocon & Geo-Law including Slope Stability Analysis Beach Erosion /Sea Level Rise/ Bluff Erosion
15P1) 929 Border Avenue (Nieto) Storm Water Infiltration Report by Geocon 15Q) 929 Border Avenue (Nieto) Beach Erosion Report – See Soils Report Item 15P) 15S) 929 Border Avenue (Nieto) Parking Circulation Plan Traffic Study by LLG Traffic Engineers 15T) 929 Border Avenue (Nieto) Construction Staging/Haul Route Plan 15U) 929 Border Avenue (Nieto) Public Improvement Plan Access Road See Grading Drainage Plan 15W) 929 Border Avenue (Nieto) Floor Area Calculation Exhibit See Architectural Plans sheet A01). 15X1) 929 Border Avenue (Nieto) Cultural/Archaeological Report by Brian Smith 15X2) 929 Border Avenue (Nieto) Paleontological Report by Brian Smith 15X3) 929 Border Avenue (Nieto) Biologic Assessment Report by Alden Environmental 15X4) 929 Border Avenue (Nieto) Water – Reclaimed Water – Sewer Studies by Wilson Engineering 15X5) 929 Border Avenue (Nieto) Density Bonus / Waivers & Concessions Justification -Design Alternative Cost Analysis Report - Plan Designs to Support Waiver Requests 15X6) 929 Border Avenue (Nieto) Public View Assessment Renderings See Sheet #. L-7.1 Landscape Plans 15X7) 929 Border Avenue (Nieto) Public Access Signage Plan See sheet # L-1.0 of Landscape Plans 32 May 19, 2026 Item 8
Revised 2/16/2018
City of Del Mar Phone: 858-755-9313 Fax: 858-755-2794
Department of Planning and Community Development Hours: M-TH 1:00 pm – 5:30 pm 1050 Camino del Mar FRI 1:00 pm – 4:30 pm
Del Mar, CA 92014 Web: www.delmar.ca.us

UNIFORM DEVELOPMENT APPLICATION
PROPERTY INFORMATION:

Property Address:

Assessor Parcel No. (APN):

Zoning: Overlay Zone(s):

Work proposed in the public right-of-way:  No  Yes, note location:

OWNER / APPLICANT:

Name(s):

Mailing Address:

City: State: Zip:

Phone: Email:

AUTHORIZED REPRESENTATIVE: (LETTER OF AUTHORIZATION REQUIRED) Name:

Type:  Architect/Designer  Contractor  Consultant  Engineer  Other:

Del Mar Business License No.:

Mailing Address:

City: State: Zip:

Phone: Email:

PROJECT DESCRIPTION (BRIEF):

PERMITS, ACTIONS AND FEES TO BE PREPARED BY STAFF ONLY:

Permits:
 ADR Administrative Design Review
 Minor  Major
 ASR Administrative Sign Review
 BA Boundary Adjustment with COC
 BAN Banner Permit
 BP Charitable Bingo Game Permit
 CDP Coastal Development Permit
 CUP Conditional Use Permit
 CUP  Modification
 DP Demo Permit
 DRB Design Review Permit
 < 500 sf  > 500 sf
 Misc: ________________
 DRB-S Design Review Sign Permit
 EP Encroachment Permit
 Short-term  Long-term
 ESP Emergency Shelter Permit
 FDP Floodplain Development Permit
 Without hardship relief
 With hardship relief
 IB Emergency Beach Barrier
 LC Land Conservation Permit
 LC  Administrative
 MV Mobile Vending Operations Permit
 NOI Notice of Intent
 NRP News Rack Permit
 P Parking Permit
 Off-site  Shared
 RDP Redevelopment Permit
 SEC Sign Encroachment Permit
 SCP Sidewalk Café Permit
 SPP Shoreline Protection Permit
 SSP Seawall Setback Permit
 TRP Tree Removal Permit
 TUP Temporary Use Permit
Fee
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Actions:
 ADU Accessory Dwelling Unit
 COC Certificate of Compliance only
 CPP Citizens’ Participation Program
 D Zoning Determination of Allowable Use
 DA Development Agreement
 DA  Amendment
 DSC Determination of Substantial Conformance
 EA Environmental Assessment
 Initial Study  EIR
 GPA General Plan Amendment
 HZ Horizontal Zoning Relief
 I Zoning Code Interpretation
 ILPF In-Lieu Parking Fee Program
 LCPA Local Coastal Program Amendment
 OPP Off-Hours Public Parking
 PLZ Plaza Tenant Improvement Review
 SP Specific Plan
 SP  Amendment
 SV Street Vacation
 TPM Tentative Parcel Map
 ≤ 4 New Lots  Condo Conversion
 TTM Tentative Tract Map
 ≥ 5 New Lots  Condo Conversion
 TVS Trees, Scenic Views and Sunlight
 V Variance
 ZA Zoning Code Amendment
 Other: ____________________________
Related Fees:
 Community (General) Plan/Zoning Update
 Public Notice
 Engineering Review Fees
TOTAL FEES DUE:
__$__________________________________
Fee
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Primary File No.: _____________________________________________ Additional File Nos.: ___________________________________________________________________ x SB 330 Preliminary Application 929 Border Avenue Del Mar CA 298-241-06, 298-241-07 and 299-030-14 R1-40 BSC, CB, 6th sites/HEI-OZ; + L & FP (small east parcel) ✔ Camino Del Mar Access CAROL ANNE LAZIER, TRUSTEE OF THE STENSRUD LAZIER HOLDING TRUST DATED 10/17/2011 2717 Via de la Valle Del Mar CA 92014 (619) 972-4650 [email protected] Manuel Nieto ✔ 19308268 2717 Via de la Valle Del Mar CA 92014 760-535-2772 [email protected] Housing Development Project with 49% base units designated as affordable - see Exhibit A attached project description 33 May 19, 2026 Item 8
133,441
x
19,000
95,000
SEE ITEM 1A) PROJECT DESCRIPTION
34 May 19, 2026 Item 8

5/15/2019
Stormwater Checklist for Standard Projects – owner or agent signature Project Priority Assessment Form – owner or agent signature Letter of Authorization – owner signature only
Supplemental Questionnaire
DRB -
City of Del Mar Planning Department
Submittal Checklist
DRB – DESIGN REVIEW BOARD PERMIT
Project Address: 929 Border Avenue
Related Permits/Actions: Coastal Development Permit (CDP Owner (Last Name): Lazier The following list of documents is exhaustive and the items noted below are typically required as part of an application. Planning Department staff can assist you in determining which items will be required for your submittal (staff highly recommends a preapplication conference be scheduled with staff to review the project submittal requirements). Please note that as of September 2013, all applications materials must be submitted in hard copy and digital format (see description on page 3).

Submittal Requirements Required?

1.Item # 6

2. 3. (e.g., CDP, FDP, LC, etc.) – owner or agent sig

4. 5.

Copy of Grant Deed; Title Report shall be no older than six months from the time of project submittal; If the property is under ownership by a Company, Trust, or Limited Liability Corporation (LLC), attach the authorizing document(s) listing the individual(s) authorized to sign on behalf of that entity.

6. An agent acting on behalf of a property owner(s) shall present a written authorization signed by the property owner(s); a buyer in escrow shall present a written authorization signed by the owner-seller; a lessee shall provide the property owner(s) written approval

7. Building Valuation Worksheet – owner or agent signature Required for projects proposing to remodel a structure with existing, legal zoning non-conformities

8. Citizen’s Participation Program (CPP) Report
Required for projects including a detached structure of 500+ sq.ft., a second story addition to a single story home or at the Planning Director and DRB Chair’s discretion., pool

9. Design Guideline Checklist

10. 11.

Depending on the results of the Stormwater Checklist, a Best Management Practices (BMP) Site Plan may also be required; see Item 12.E and page 6 for plan requirements

12. Materials Board
8x11” color print of materials/colors or actual samples of materials to be used mounted on an 8x11” board

13. Design Review Standards Compliance Letter
For all new homes and major remodels please submit a letter explaining how the project has been designed to comply with Proof of Ownership and Title Report
Application Fees
Project Data Summary Table (attached to this checklist) Uniform Application – owner and agent signatures
1A. Detailed Project Description, Affordable Housing & Coastal Resources Protection

ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT HEI-OZ
0). Cover Letter
0 Submittal A) Submittal Check List Administrative Coastal Development Permit HEI-OZ 1B. Legal Justification for Administrative Entitlement Package 35 May 19, 2026 Item 8

5/15/2019
the regulatory standards of the Design Review Ordinance. The letter must address, but is not limited to the following issues: preservation of views, privacy of neighbors, neighborhood scale and overall compatibility. This letter should summarize the steps taken to avoid potential negative impacts to neighboring properties and the community. 36 May 19, 2026 Item 8

5/15/2019
K.

Lighting Plan
Fence/Wall Plan
Hardscape Plan

14.14. Photos of the project site and adjacent properties

15.15. Sets are to be provided in PDF digital format (see description on page 5) and on 24” x 36” sheets, collated, stapled, and folded to approximately 8½” x 14”. Submit four (4) complete sets of plans for initial review. When the initial review is complete, staff will require eight (8) sets of plans one week prior to the project’s DRB meeting. Project plans shall include all of the information listed below unless staff determines otherwise. For architectural drawings, use of 1/8th or 1/4th scale is highly recommended. Subsequent copies of plans, including working drawings, must show use of the same scale as the original submittal.

Floor Plans, Elevations, Sections, and a Roof Plan – the existing and finished grade lines shall be shown; details describing exterior building materials and colors, including trim accents shall be shown; Roof Plan shall indicate chimneys, mechanical equipment, solar panels, and skylights.

C. Drainage and Grading Plans (See description on page 6) – or – a letter stating that no drainage improvements, grading or retaining walls are proposed C1. Drainage Report
BMP Site Plan shall be attached to the Stormwater Checklist or included in the SWMP E. Landscaping/Irrigation Plans (See description on page 6) – or – a letter stating that no new landscaping is proposed
Provide anticipated plant heights at maturity and show that all proposed irrigation meets the standards outlined in Chapter 23.60 of the Del Mar Municipal Code (Water Efficient Landscapes) F. – or – a letter stating that no new hardscape is proposed Identify permeable and non-permeable surfaces
G. – or – a letter stating that no new fences or walls are proposed Site view and elevation; provide materials, color, and height (measured from outside face) H. – or – a letter stating that no new exterior lighting is proposed All exterior lighting to be shown i\ncluding soffit lighting, exterior wall lighting, and all stand-alone landscape or area lighting. The Plan should indicate that all lighting is down-shielded to the maximum extent feasible, of low-intensity, and obscured so that no direct view of the lighting source is possible from adjacent properties or public rights-of-way. The Plan shall note the manufacturer name, model name, maximum wattage/ lumens, Kelvins, and model number of all fixtures proposed. Specification sheets should also be submitted for each fixture type proposed.

I.

Specifications for exterior mechanical equipment including dimensions and maximum decibel rating for the proposed unit(s), and visual and auditory mitigation details.

The following items may also be required depending on the location and type of development proposed:

J. Sustainability Checklist
.

L. Title History
V. Historic Resources Survey
X
Planning Director
X. Other materials or reports deemed necessary by the
P. Soils Report
O. Slope Stability Analysis
M. Photo Simulations of the Proposed Development
U. Public Improvement Plan
T. Construction Parking Staging / Haul Route Plans S. / Circulation Plans Q. Beach Erosion Report
Exterior Mechanical Equipment Specifications (i.e., Air conditioners, pool/spa equipment, etc.) Project Plan Sets
Site Photographs and Photo Key Map
X-1 Cultural/Archaeological Report
X-2 Paleontological Report
-X-3 Biologic Assessment
X-4 Water, Reclaimed Water and Sewer Study
Traffic Study
Included in 15O) Soils Report
X-5 Density Bonus / Waivers & Concessions Justification -Design Alternative Cost Analysis Report - Plan Designs to Support Waiver Requests
X-6 Public Viewing Area Assessment
X-7 Public Access Signage Plan
A. Cover Sheet & Site Plan (See description on page 4)
B. Architectural Plans (See description on page 5)
D. Best Management Practices (BMP) Site Plan (See description on page 6) Site Survey/Topographical Map R. Noise Analysis
N. Arborist Report W. Floor Area Calculation Exhibit
K1) Lot Consolidation & Easements Plat
See Drainage/Grading Plan
Included in 15O) Solis Report
K2) Record of Survey
Onsite N1) Arborist Report Offsite
P1. Storm Water Infiltration Report
37 May 19, 2026 Item 8

5/15/2019
Owner/Agent Certification
I certify that the attached application contains the items required. I understand that additional information may be needed to process my application and if any of the items are missing or found deficient, the application will be deemed incomplete, may be rejected, or may constitute grounds for revocation of any permit issued.

3/30/23

Signature (Owner or Agent) Date
Manuel Nieto Authorized Agent
Print Name
38 May 19, 2026 Item 8

5/15/2019
DRB Submittal – Plan Details
Digital Applications Submittal Requirements
All plans, forms, technical reports, and other materials submitted as part for a development application, or in response to a development application, must be submitted to the City in PDF digital format. Digital submittals may be transmitted through on of the following methods:
§ Email to: [email protected] or the designated project planner § Submit on a CD or DVD
§ Submit via a large-file transfer service of the agents’ choice, so long as the transfer service does not require the City to install any special file transfer software or to create an account. City Staff is available upon request to recommend transfer service providers that are free and easy to use.

To ensure ease of storage and retrieval, PDF files must be named as follows:

Project Address (Agent’s Last Name)_Document Title.pdf
A cover sheet is required for each submittal package with the following information:
§ City application number/Project name
§ Location of development proposal, (as applicable), including street address and Assessor Parcel Number (APN)
§ Date of submittal
§ Party submitting the information
§ Contact name/telephone number and e-mail of party submitting the material § Table of Contents listing the documents included in the submittal package • Cover Sheet
NOTE: Please include attached City of Del Mar Project Data Summary Table template onto Cover Sheet of plans. *Project Data Summary Table information must be included on a Cover Sheet.

Shall include:
§ Project address, Assessor’s Parcel Number (APN), Zoning designation, Community Plan Land use designation, property owner name, Agent name, scale of drawing § Gross and net lot area
§ Required and proposed setbacks
§ Proposed and existing floor area ratio (FAR)
§ Proposed and existing lot coverage
§ Detailed project description
§ Proposed and existing percentage of site devoted to landscape • Site Plan
Shall include:
§ Project address and APN
§ Scale (preferably a 10 engineer scale or a 1/8th or 1/4th architectural scale) § North Arrow
§ Vicinity map
§ Benchmark elevation (see City Benchmark Handout)
§ Name and address of Agent, Architect, and/or Engineer § Date of plan preparation, including revision date(s)
§ Location and dimensions of all easements
§ Indication of property encumbrances
§ Proposed structure(s)
§ Existing structure(s) –labeled “to be removed” or “to be retained” § Cross-hatching delineating areas of new vs. existing structure(s) § Location of all accessory structure(s) e.g., sheds, pools, fencing, etc. § Maximum elevation of major building points (e.g., ridge lines) § Dimensions of distances between all building and/or structures § Required and proposed building setbacks (front, rear, and sides) § Location of all structures adjacent to the subject property § Extensions and rooflines beyond building walls
§ Location of adjacent public right-of-way paving or improvements

16. 39 May 19, 2026 Item 8