Del Mar City Council
July 7, 2026

convey that the area is reserved for private use, potentially discouraging public parking.

Therefore, staff’s recommendation was to deny the appeal due to the inability to make the required findings pursuant to DMMC Section 23.28.070(C).

At the hearing, the City Council unanimously determined that all six findings could be made to approve EP25-049 and directed staff to return with a revised Resolution approving the request. In addition, the City Council directed staff to include new parking signage to make it clear to the public that this portion of the right-of-way is available for public parking. Council directed staff to pay for and install parking signage in accordance with City standards, while taking into consideration visual impacts to the extent possible.

The Council findings are included in the revised Resolution (Attachment A), as described in further detail below.

DISCUSSION/ANALYSIS:

Pursuant to DMMC Section 23.28.070, the City Council made Findings 2 and 5 in support of the approval of EP25-049 along with staff’s Findings in support for 1, 3, 4, and 6:

Finding 1. That the issuance of the EP will not endanger public health, safety or welfare, or the surrounding property.

The proposed encroachments will not endanger public health, safety or welfare, or the surrounding property. The proposed encroachments would replace an area currently improved with DG with grasscrete and associated curbs in a portion of the public right-ofway (ROW) that will be used primarily for vehicle parking. In mutual agreement with the Applicant, the City will install a 12-inch by 12-inch “Public Parking” sign measuring 54” above the grasscrete hardscape material on a 4-inch by 6-inch post to make it clear that the grasscrete section of the right-of-way is available for public parking, which will improve vehicular circulation along this street segment.

Finding 2. That the issuance of the EP will not unreasonably interfere with the intended use of a City Right-of-Way or Easement.

The intended use of this section of public right-of-way is to allow for parking due to the narrow width of Stratford Way. The existing improved road-width of Stratford Way is approximately 16 feet. The portion of the ROW that will be improved with grasscrete and mounted curb is approximately 8 feet wide which is intended to allow for parking to avoid blocking the actual paved road. The City will install a “Public Parking” sign within this portion of the ROW for awareness and to promote parking within this portion of the ROW rather than in the improved street. Therefore, the proposed encroachments will not interfere with the use of a ROW and will improve existing conditions. 2 July 7, 2026 Item 5
City Council Agenda Report
EP25-049 (1612 Stratford Way)
July 7, 2026

Finding 3. That the issuance of the EP will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics.

The proposed encroachments will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics because the grasscrete will have similar color to the improved street and will allow for parking off to the side of the improved street, thereby improving vehicular circulation within this street segment.

Finding 4. That the issuance of the EP will not cause an unnecessary change in the character of the community.

The proposed encroachments would create minor changes to the ROW and will not cause an unnecessary change in the character of the community because the grasscrete will have similar color to the improved street.

Finding 5. That the issuance of the EP will not be to the detriment of the interests of the general public.

The proposed encroachments will not be a detriment to the interests of the general public.

The grasscrete material and mounted curb will provide a public benefit because it is a permeable material (i.e., improves drainage), creates shoulder space for public parking, and will improve the aesthetics of the community. In addition, the City will install a parking sign to alert vehicles to park off the paved roadway and onto the grasscrete section of ROW, which will provide improved vehicular circulation within this street segment. The Applicant will be required to maintain this section of the ROW to the satisfaction of the City Engineer.

Finding 6. The proposed Encroachment will not convert significant area of public property to private use.

The improved width of Stratford Way is 16 feet, and the Appellant installed DG with a rolled curb along the property frontage right-of-way that is approximately eight feet wide.

Therefore, the proposed encroachments would enhance the existing materials and would not convert a significant area of public property to private use. This would be further reenforced by the installation of a “Public Parking” sign to encourage the public to park on the grasscrete portion of the ROW, which will improve vehicular circulation along this street segment.

The revised Resolution approving the EP includes numerous conditions to protect the City’s interests. Conditions include revocation of the permit should the City determine there is a need for that portion of the right-of-way in the future and recordation of a covenant against the deed for the property benefited by the approved EP. The recorded 3 July 7, 2026 Item 5
City Council Agenda Report
EP25-049 (1612 Stratford Way)
July 7, 2026

covenant includes the requirement for the Applicant’s maintenance/responsibility of the encroachments and removal of the encroachments upon demand by the City.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the Council related to this agenda item because this is a private development proposal. All fees associated with entitlement processing are paid for by the Applicant.

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15301 (Class 1 – Existing Facilities), in that the Project proposes the installation of hardscape material (grasscrete) to replace an existing DG surface within the public right-of-way. Further, it has been determined that none of the six exceptions to the use of a Categorical Exemption are applicable because the project will not generate any significant environmental impacts. (See: Guidelines Section 15300.2).

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and is not included on the City Council’s list of Goals and Priorities.

ATTACHMENTS:

Attachment A – Resolution Approving EP25-049
Attachment B – May 5, 2026, Agenda Report
4 July 7, 2026 Item 5
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, APPROVING ENCROACHMENT PERMIT 25-
049 TO PERMIT THE INSTALLATION OF ASPHALT COLOR

GRASSCRETE, MOUNTABLE CONCRETE CURB, AND
ASSOCIATED IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OFWAY ON THE NORTH SIDE OF THE PROPERTY AT 1612 STRATFORD WAY (APN: 299-280-47-00) IN DEL MAR,

CALIFORNIA
WHEREAS, the City of Del Mar (City) is the owner of the public right-of-way; and WHEREAS, on April 25, 2025, Paul Rael (Applicant) filed an application for an Encroachment Permit (EP25-049) seeking approval to install a grasscrete hardscape material, mountable concrete curb, 6-inch curb adjacent to the fence line, and relocate existing walkway pavers within the public right-of-way, adjacent to 1612 Stratford Way (Project); and
WHEREAS, Del Mar Municipal Code (DMMC) Chapter 23.28 requires an Encroachment Permit (EP) for any private improvements within the public right-of-way; specifically, any improvements that extend at least 12 inches above the level of the sidewalk, roadway, or adjacent grade require City Council approval; and WHEREAS, on January 5, 2026, EP25-049 was denied by the City Manager based on findings that the proposal would be inconsistent with DMMC 23.28; and WHEREAS, on January 20, 2026, the Applicant timely filed an appeal of the City Manager’s denial of EP25-049 with the City Clerk; and
WHEREAS, on April 7, 2026, the City Council initially considered the appeal to determine whether or not to set the matter for a do novo public hearing. The City Council voted to set the application for a de novo public hearing; and WHEREAS, DMMC Section 23.28.070 specifies that an Encroachment Permit may be approved or conditionally approved only if the City Council makes all of the findings set forth in Section 23.28.070(C) as noted in the below; and WHEREAS, in accordance with requirements of the California Environmental Quality Act (CEQA), this project is listed among the classes of projects determined to have less than significant adverse effect on the environment and, therefore, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 Class 1 – Existing Facilities in that the project proposes the installation of hardscape material (asphalt grasscrete) to replace an existing DG surface within the right-of-way. Further, it has been determined that none of the six exceptions to the use of a Categorical Exemption are applicable because the project will not generate any significant environmental impacts. (See: Guidelines Section 15300.2); and Attachment A 5 July 7, 2026 Item 5
Resolution 2026-XX

WHEREAS, on May 5, 2026, the City Council of the City of Del Mar held a duly noticed public hearing to review the referenced entitlements, and at which time all persons desiring to be heard were heard; and
WHEREAS, at the May 5, 2026, City Council meeting, the City Council approved the request to allow the encroachments and directed staff to return with an approval resolution for the encroachments; and
WHEREAS, oral and written evidence was submitted and considered to include without limitation:
a. Drawings developed by the Applicant;
b. Written information submitted with the application;
c. Agenda Report, dated April 7, 2026, and May 5, 2026, incorporated by reference as though fully set forth herein; and
d. Additional information submitted and testimony provided during the hearing on May 5, 2026.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that Encroachment Permit EP25-049 is hereby approved based on the following findings in DMMC Chapter 23.28.070(C):

Findings:

1. The proposed encroachments will not endanger public health, safety or welfare, or the surrounding property. The proposed encroachments would replace an area currently improved with DG with grasscrete and associated curbs in a portion of the public right-of-way (ROW) that will be used primarily for vehicle parking. In mutual agreement with the Applicant, the City will install a 12-inch by 12-inch “Public Parking” sign measuring 54” above the grasscrete hardscape material on a 4-inch by 6-inch post to make it clear that the grasscrete section of the right-ofway is available for public parking, which will improve vehicular circulation along this street segment.

2. The intended use of this section of public right-of-way is to allow for parking due to the narrow width of Stratford Way. The existing improved road-width of Stratford Way is approximately 16 feet. The portion of the ROW that will be improved with grasscrete and mounted curb is approximately 8 feet wide which is intended to allow for parking to avoid blocking the actual paved road. The City installed a “Public Parking” sign within this portion of the ROW for awareness and to promote parking within this portion of the ROW rather than in the improved street.

Therefore, the proposed encroachments will not interfere with the use of a ROW and will improve existing conditions.

3. The proposed encroachments will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics because the grasscrete will have similar color to the improved street and will allow for parking Attachment A 6 July 7, 2026 Item 5
Resolution 2026-XX

off to the side of the improved street, thereby improving vehicular circulation within this street segment.

4. The proposed encroachments would create minor changes to the ROW and will not cause an unnecessary change in the character of the community because the grasscrete will have similar color to the improved street.

5. The proposed encroachments will not be a detriment to the interests of the general public. The grasscrete material and mounted curb will provide a public benefit because it is a permeable material (i.e., improves drainage), creates shoulder space for public parking, and will improve the aesthetics of the community. In addition, the City will install a parking sign to alert vehicles to park off the paved roadway and onto the grasscrete section of ROW, which will provide improved vehicular circulation within this street segment. The Applicant will be required to maintain this section of the ROW to the satisfaction of the City Engineer.

6. The improved width of Stratford Way is 16 feet, and the Appellant installed DG with a rolled curb along the property frontage right-of-way that is approximately eight feet wide. Therefore, the proposed encroachments would enhance the existing materials and would not convert a significant area of public property to private use.

This would be further reenforced by the installation of a “Public Parking” sign to encourage the public to park on the grasscrete portion of the ROW, which will improve vehicular circulation along this street segment.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the Council that approval of EP25-049 shall be subject to the following conditions:

Document Conditions:

DC-1 [Recordation of a Covenant]
Within sixty (60) days of final EP approval, the applicant shall record a covenant (at the applicant’s expense) against the deed for the property benefited by the approved Encroachment Permit setting forth the terms and conditions of the Permit, including the requirement for applicant’s maintenance/responsibility and removal of the encroachment upon demand by the City. The covenant shall run with the land and shall be binding on future owners and assigns. The form and content of the covenant shall be to the satisfaction of the City Attorney and City Manager.

Special Conditions:

SP-1 [Encroachment Permit Revocation]
At the City’s discretion, the Encroachment Permit may be revoked at any time and the property owner will be required to remove the private improvement from the City right-of-way.

Attachment A 7 July 7, 2026 Item 5
Resolution 2026-XX

SP-2 [Grasscrete Material]
The proposed grasscrete with charcoal granite base shall be designed with asphalt. In the event the asphalt material cannot be used per manufacturer specifications, an integral-colored concrete shall be utilized, with the color to be consistent with asphalt. Integral color specifications shall be identified on plans and shall be to the satisfaction of the City Engineer.

Public Works Conditions:

PW-1 [Notification prior to and after Completion of Work] The applicant agrees to notify the Public Works representative at least forty-eight (48) hours in advance of time when work authorized in this permit will be started.

Applicant shall state the EP number, original date of approval and a short description of the work. Additionally, upon completion of the work, the applicant agrees to immediately notify the Public Works representative of such completion.

Any improvement or modification of the right-of-way shall be subject to inspection and approval of work from the Public Works representative. The permittee shall be responsible for calling Guillermo Landoni with MBI at 619-203-4162.

PW-3 [USA Markout]
At least 72 hours prior to the excavation of any area within a right-of-way, the applicant shall contact Underground Services Alert (USA) at (800) 422-4133 for the purpose of identifying the location of buried utilities so as to avoid disturbance thereof. All proposed dig or trench areas shall be pre-marked with white paint prior to contacting for USA mark out. No work shall commence until USA mark out has occurred.

The permittee is advised that the locations of utility lines may vary from those shown on approved project plans and that coordination with the appropriate utility companies is, therefore, imperative. Any damage or repair thereof to utility lines caused as a result of project implementation shall be the permittee’s responsibility.

The applicant shall be responsible for removing or blocking out all pavement markings installed for the project immediately upon completion of the work authorized in the Encroachment Permit. Should a utility conflict be present, then the Contractor shall contact the Engineer of Work immediately, in order to provide sufficient time for a redesign and approval of construction change.

PW-4 [Traffic Control Plan]
Prior to the approval of the Encroachment Permit, the contractor shall submit a plan for traffic control prepared by a registered California Civil or Traffic Engineer.

The plan shall be subject to the review and written approval of the City. The plan shall be prepared in accordance with the “Manual for Uniform Traffic Control Devices (MUCTD) in Construction and Maintenance Zones” and the “County of San Diego Standard Traffic Control plans.” The plan shall also be prepared and implemented to ensure that traffic control measures will be in place so as to protect pedestrian, cyclists and motorists from any construction, equipment, or other Attachment A 8 July 7, 2026 Item 5
Resolution 2026-XX

related activities, (including parked vehicles) due to construction. If a detour for traffic is needed, a Traffic Control plan should be submitted for review and approval by the City prior to the start of work.

PW-5 [Trench Resurfacing, Contact with Public Works – Standards for Repair] All trench resurfacing shall be performed in accordance with the standards shown below and shall be subject to inspection by the City’s representative. The permittee shall be responsible for calling MBI for an inspection at (760) 603-6264.

Trenches and improvements in streets shall conform to regional standards as follows:
a) Trenches wider than six (6) inches: Use Regional Standard G-24 type B.

The base hall be compacted with twelve (12) inch maximum lifts to 95% modified proctor and test reports shall be furnished to the City prior to capping base with Asphalt.
b) Trenches six (6) inches or less: Use regional standard G-24 Type C. Call for an inspection prior to the Asphalt repair at call MBI at (760) 603-6264. c) Traffic Control plans shall be followed per approved plans and adjusted by the contractor for changing conditions.
d) Trench plates used during a SDG&E gas connection (which can take up to two weeks) or on downhill road section, need to be ground down so plates are flush with roadway. All plates are to be “slip resistant”. All open trenches in roadway shall be plated and secured at the end of the workday.

Open trenches in pedestrian areas shall be plated or covered in heavy plywood.
e) Where a curb exists, the applicant shall bore under curb or saw cut a minimum of the width of the asphalt patch and replace with same construction. Should the proposed saw-cut fall within a couple of feet of a joint, then saw-cut shall be at the nearest joint.
f) No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts except when the prior written consent of the Public Works Department has been obtained.

Construction shall include restoration of all speed controls bumps and all striping and/or any signage that may be disturbed as the result of project implementation.

Restoration of disturbed speed bumps shall include thermoplastic paint of speed bump.

No open trench shall be allowed across any street or within ten (10) feet of any travel-way, except when work is in actual progress. Areas covered by acceptable steel plates are not to be construed as trenches.

PW-7 [Marking of Curbs and Roadways]
Attachment A 9 July 7, 2026 Item 5
Resolution 2026-XX

The applicant shall not apply paint or other permanent marking substance to any paved surface or curbs, except for 1) refreshing of official traffic markings or marking approved on a plan set authorized by the City; 2) markings of underground facilities in connection with construction or maintenance work; or 3) numbers painted on curbs to identify an address. The applicant shall be responsible for the removal of any temporary markings immediately upon completion of the project.

Chalk paint or feathers shall be used in grass and vegetation areas.

PW-8 [No Removal of Street Signs or Monuments]
No traffic or street signs of any kind are to be moved for any reason without first obtaining permission from the Public Works or as depicted on an approved plan set.

PW-9 [Traffic Control]
The applicant shall be responsible for informing the public of the traffic conditions existing within the construction area at all times by placement of appropriate warning and advisory signs. The applicant shall also provide and maintain all traffic control and safety items. Permittee assumes sole and complete responsibility for the job and site conditions during the course of construction, including safety of all persons and property. This requirement shall apply continuously twenty-four (24) hours per day and shall not be limited to normal work hours. All stationary items (e.g., dumpsters, heavy equipment, construction supplies) that will be in the public right-of-way for long periods of time, including, needs to have the proper reflective delineation.

In the event of the need for a full road closure, at a minimum of five (5) days prior to the road closure, signs measuring no less than 30”x36”shall be placed at each end of the block stating the dates, time and purpose of the road closure and a notice written notice containing the same information as the above-mentioned signs shall be distributed at the properties with frontage along the street where the traffic lane disruption will occur and at properties with frontage along the affected street that are within 200 (linear) feet of the area of traffic lane disruption. Additionally, the applicant shall be responsible for notifying the Del Mar Fire Department (858) 755-1522 and City Parking Enforcement (858) 755-1556 at least 72 hours prior to the road closure.

PW-10[Pavement Interface]
Where existing right-of-way pavement is to be removed, a clean, neat line shall be saw-cut at the edge of existing pavement where the new replacement pavement to be installed, a minimum of 3-inches deep. A minimum twelve (12) inch wide cut shall be provided between a new driveway, curb or other concrete work that meets with asphalt. This will give a clean, compactable area to transition from new concrete to existing road surface. All driveways or sidewalks shall be poured as soon as possible after disturbance of existing pavement to prevent erosion of pavement integrity. Any damaged pavement shall be repaired with like material to the satisfaction of the Public Works Inspector. All work shall be performed in a Attachment A 10 July 7, 2026 Item 5
Resolution 2026-XX

manner to ensure that following project completion, drainage flow in the right(s)- of-way will function in same manner as prior to construction. Existing street widths shall not be narrowed as a result of apron placement.

Private drainage lines less than four (4) inches in outside diameter installed through a curb shall be core drilled and the curb shall not be broken out unless prior approval is given by the City Inspector. All driveways shall be designed so that overflow water from the adjacent street does not run down the private driveway.

PW-13[Driveway Construction and Stormwater Flow]
The proposed driveway shall be constructed in a manner so as to:

1. Maintain existing stormwater runoff flows;

2. Avoid the flow of stormwater across the new driveway (or associated sidewalk); and

3. Include the installation of an expansion joint between the paved surface on the private property and the paved surface of the public right-of-way.

4. Should a bridge per required to cross over a cobble lined swale. The swale shall be reconstructed in the location of the driveway apron and any other location, along property frontage, that is determined to be deteriorated.

PW-17 [Public Works Inspection]
Permittee shall schedule inspections with the Public Works, through MBI at (760) 603-6264, at least 24 hours prior to need as follows:
a) Sidewalk, Driveway, Curb and Gutter and other Concrete Work Pre-pour and Final
b) Street Excavation T-Cut and Final
c) Sewer Lateral Capping during Demolition and New Lateral Connection to Main
d) Water- Cross Connection Inspection prior to final.
e) All Other Encroachment Activity Final
PW-21[Monument Preservation]
Location of monuments shall be tied out prior to work. Any City monument damaged, displaced, or destroyed by Permittee’s work shall be replaced by Permittee at Permittee’s sole expense.

PW-26[Work within Right-of-Way]
The applicant shall restrict hours of work for the use of heavy equipment for rightof-way improvements between the hours of 7AM to 7PM Monday -Friday and 9 AM- 7PM Saturdays, this includes the warmup of equipment. Sunday and City holiday work is prohibited. Additionally, the contractor shall:

Attachment A 11 July 7, 2026 Item 5
Resolution 2026-XX

a) Any relocation or under grounding of SDG&E facilities or other utilities shall be done at the applicant’s expense.
b) All construction activities undertaken shall comply with the City’s General Plan and Municipal Code. In cases of conflict between the City’s Municipal Code, these standard conditions of approval, the governing priority shall be, to the extent legally permitted, as follows: 1) City’s Municipal Code regulations; 2) City’s General Plan; 3) Standard Conditions.
c) No storage of trash cans or recycling bins shall be permitted within the public right-of-way.
d) Pedestrian access along Stratford Way property frontage, shall be maintained at all times unless material is being delivered to the site.

Engineering Conditions:

E-27 [Compliance with City of Del Mar JURMP]
This project shall conform to Appendix C-5, the "Construction Urban Runoff Requirements Manual" as depicted in the latest edition of the City of Del Mar's Jurisdictional Urban Runoff Management Program (JURMP). In addition, the construction practices are subject to inspection, and must conform to the "Urban Runoff Management Plan" and corresponding "Urban Runoff Construction Site Inspection Record" as depicted in Appendix C-5
General Encroachment Conditions:

GEP-1 [Business License]
Prior to commencement of any work on site, all contractors and subcontractors shall obtain a valid City of Del Mar Business License. The general contractor shall be responsible for ensuring that all subcontractors obtain required Business License and shall retain copies of said permits on site for verification by City staff.

GEP-2 [EP – Indemnification]
By accepting this permit and implementing the development authorized herein, the applicant agrees to indemnify, defend and save the City of Del Mar, its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liabilities, annoyances, or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to the application or by reason of the permittee's installation, operation, maintenance or removal of the encroachment.

GEP-3 [EP - Removal of improvements]
The applicant agrees that if any improvement, structure, tank, pipe, conduit, duct, tunnel, or other development for which this permit is issued is, at any point in the Attachment A 12 July 7, 2026 Item 5
Resolution 2026-XX

future, determined by the City to interfere with the use, repair or improvement of the subject right-of-way, the applicant or his or her successors or assigns, shall remove the development within ten (10) days after the receipt of a written notice from Public Works to do so. The removal shall be accomplished at the expense of the applicant or his or her successors or assigns and shall be removed or relocated to the satisfaction of the Public Works Department.

A) If an unknown underground facility is encountered, work shall cease immediately, and both the City Engineer’s office, Public Works and the utility believed to own the facility shall be notified. Work shall not proceed until permission is granted by the City Engineer’s office and a solution to the underground obstruction is resolved by the Engineer of Work.

GEP-4 [EP - Compliance with Conditions]
The applicant hereby agrees to do all work and otherwise comply with the terms and conditions of this permit, and all applicable rules and regulations of the City of Del Mar and/or other public agency.

GEP-5 [EP - Revocation of permit due to noncompliance with conditions] This permit may be revoked by the City if noncompliance is noted to the applicant and satisfactory action is not taken by the applicant or his/her agents to achieve compliance within twenty-four (24) hours of notice.

GEP-6[Development Authorization Limited to Plan Set]
This permit is granted based on submitted plans and so identified by the staff of the Del Mar Planning and Community Development Department. Revisions to these plans and/or any proposals for modification shall require review and prior authorization from the appropriate entities of the City of Del Mar.

GEP-7 [EP - Permit Expiration/Potential for Permit Extension] This permit and the authorization for use/work within a City right-of-way herein granted shall expire one year from the date of approval, on July 7, 2027. The permittee may request a single Extension of Time of an approved Encroachment Permit by submitting a written request to the City Manager setting forth the reason that substantial work on the permit cannot be commenced by the scheduled expiration date. The City Manager shall grant the extension unless he/she determines that there has been a change in circumstances since the time of the original grant of the permit which would create an inconsistency between the proposed encroachment and the provisions of DMMC Chapter 23.28. No extension shall be granted for a period greater than one (1) year.

GEP-8[Construction and Demolition Waste Recycling Requirement] Owners and builders generating any construction and demolition debris on a project must comply with the minimum requirements regarding recycling or reuse for salvage set forth in the 2016 California Green Building Standards Code, Title 24, Part 11. This includes, but is not limited to, the submittal of a Construction Attachment A 13 July 7, 2026 Item 5
Resolution 2026-XX

Waste Management Plan and a minimum diversion of 65% of non-hazardous construction and demolition waste. Signage shall be posted on-site with information identifying materials to be diverted.

GEP-9 [EP - Compliance with CAL-OSHA]
The permittee shall obey and enforce all safety orders, rules, regulations, and recommendations of the Department of Industrial Relations of the State of California, CAL-OSHA, applicable to the work and shall comply with all applicable laws, ordinances, codes, and regulations. Any omission on the part of the City Engineer’s office to specify protective measures or devices in the Encroachment Permit shall not excuse the permittee from complying with all applicable requirements of law.

GEP-10[EP - Timely Performance of Work]
If any part of the work performed under an Encroachment Permit is not completed within the period indicated in either the submitted application materials or the conditions of approval of the Encroachment Permit, the City may notify the person performing the work, in writing, to complete the work within forty-eight (48) hours thereafter, legal holidays excepted. If the work is not completed within this time period, the Public Works shall have full power to perform the work, including such measures as will restore the disturbed area to a safe and passable condition until the work can be completed. The cost thereof, including any inspection and administrative overhead costs incurred by City, shall be assessed against the permittee.

GEP-11[EP - Compliance with City Codes and Permit Conditions] Any person violating any provisions of or failing to comply with any of the requirements of this Permit or of DMMC Chapter 23.28 shall be subject to the enforcement provisions set forth in DMMC Chapters 1.08 and 30.98.

GEP-12[EP - Change of Permit Conditions at Direction of the City] The City retains the right to change conditions of this Permit granted and order the relocation or adjustment of lines, manholes, fixtures, and apparatus hereby allowed to be installed, whenever, in the opinion of the City, this becomes necessary; and desirable. In the event that such an order is made, all changes required pursuant thereto shall be made at the sole expense of the Permittee.

GEP-15[EP - No Transfer in Property Interest]
The granting of an encroachment permit pursuant to this chapter shall not constitute the transfer or relinquishment of any ownership or interest held by the City over the public right-of-way, nor shall such permit confer any vested or proprietary rights upon the holder of the permit beyond the right to utilize the encroachment area in the manner authorized by the permit and subject to all of the conditions set forth herein.

GEP-16[Compliance with City Noise Regulations]
The applicant and all parties involved with implementation of the project shall comply with the regulations of the DMMC with regard to construction noise. The regulations Attachment A 14 July 7, 2026 Item 5
Resolution 2026-XX

stipulate that all construction activities are limited to the following periods: between 7:00 a.m. and 7:00 p.m. / Monday through Friday and between 9:00 a.m. and 7:00 p.m. on Saturdays. Construction activities are prohibited during other hours and on Sundays and City Holidays. The City’s Noise Ordinance, Chapter 9.20 of the Del Mar Municipal Code, includes the dates of City Holidays, and can be viewed on the City’s web page (www.delmar.ca.us).

GEP-17[EP - Improvements Subject to Compliance with ADA Accessibility Requirements] The applicant shall be responsible for ensuring that all improvements are implemented in compliance with the applicable provisions of the Americans with Disability Act (ADA). Information about requirements for complying with ADA requirements can be gained from the following website: http://www.accessboard.gov/adaag/html/adaag.htm GEP-18[Dig Alert]
Prior to excavation or trenching, the applicant shall call Underground Service Alert of Southern California (Dig Alert- 1-800-227-2600) for a mark out of service utilities.

GEP-20[EP – Cleanup, Backfilling and Compaction]
Cleanup, backfilling, and Compaction shall be as follows:
a) Cleanup After Completion - Immediately after completion of the work, the permittee shall cleanup and remove all materials, earth and debris of any kind.

If the permittee fails to do so within 24 hours after having been notified to do so by the City, the work may be done by the city and the permittee charged the costs of such work. When a pole, guy-stub or similar timber is removed and not replaces, the entire length thereof shall be removed from the ground and the hole backfilled and compacted.
b) Backfilling and compaction – Backfilling and compaction of an excavation of an evacuation shall be in accordance with the Standard Specifications for Public Works Construction (Sections 301 and 306), as well as any special standards established by the City. Backfilling shall be completed before the end of the workday. No open trenches shall be left after normal working hours. c) Restoration of right-of-way - upon completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way by replacing, repairing or rebuilding it in accordance with the specifications or any specific requirements, but not less than to its original condition before the encroachment work was commences. The permittee shall remove all obstructions, materials, and debris upon the right-of-way and shall do any other work necessary to restore the right-of-way to a safe and usable condition, as directed by the City. When the excavation occurs within an area already paved, the city may make the necessary restoration. The permittee can be notified or can respond to notification; the City may make the necessary restoration. The permittee shall reimburse the City in accordance with the costs of such work.

Attachment A 15 July 7, 2026 Item 5
Resolution 2026-XX

All work shall be in accordance with City standards and Public work Standard Specifications for Construction (Green Book Section 302 and 306.).

GEP-22[EP – Construction Staging Area]
Proposed locations of construction staging areas shall be approved by the City.

Any construction staging area proposed outside of the public right-of-way shall be disallowed unless the Permittee has secured the prior written approval of the owner.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, State of California, at a Regular Meeting held on the 7th day of July 2026. ____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:

Christina Cameron, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2026-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 7th day of July 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
Attachment A 16 July 7, 2026 Item 5
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Nestor Machado, Associate Management Analyst
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: May 5, 2026
SUBJECT: De Novo Hearing on an Appeal of Encroachment Permit (EP) 25-049 EP Appellant/Applicant: Paul Rael
Appellant’s Address: 1612 Stratford Way (APN: 299-280-47-00) REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (Attachment A) denying EP25- 049 or provide findings to support an alternative determination.

EXECUTIVE SUMMARY:

This is a de novo (new) hearing on application EP25-049 as part of the City’s appeal process.

A “de novo” hearing means a “new” hearing by the reviewing body as if the action had not been previously heard and as if no decision had been rendered, except that all testimony, evidence, and other material from the record of the previous consideration may be included in the record of the review. Pursuant to Del Mar Municipal Code (DMMC) Section 1.12.050(A), the determination by the subordinate authority (in this case, the City Manager) is advisory only.

On April 24, 2025, the Applicant applied for a Long-term, Minor Encroachment Permit (EP25- 049) proposing:
 A mountable concrete curb between the roadway and DG shoulder;  A 6-inch concrete curb adjacent to the property fence line;  Relocation of walkway pavers; and
 Asphalt grasscrete within the decomposed granite (“DG”) shoulder.

On January 5, 2026, the City denied EP25-049 (Attachment B) after staff determined that the proposed encroachments are inconsistent with DMMC Section 23.28.040(B)(3), which prohibits encroachments that create the impression that public right-of-way is reserved for private use. (See also, Council Policy (“CP”) 110.)
Accordingly, staff could not make Findings 2 and 5 of DMMC 23.28.070(C.1-6), related to interference with the intended use of City right-of-way and potential detriment to the interests 1 May 5, 2026 May 5, 2026 Item 12 Item 12 Attachment B 17 July 7, 2026 Item 5 City Council Agenda Report
De Novo Hearing of EP25-049
May 5, 2026

of the general public. The proposed encroachments would modify the existing DG shoulder in a manner that could convey that the area is reserved for private use, potentially discouraging public parking.

On January 20, 2026, the Applicant (Paul Rael) filed an appeal with the City Clerk of the denial of EP25-049 (Attachment C).

On April 7, 2026, the City Council initially considered the appeal to determine whether or not to set the matter for a de novo public hearing. As part of the Initial Consideration, the City Council received a presentation by staff, public testimony, and considered all the current facts in the record at the time. The Council voted to set the application for a de novo public hearing at a future City Council meeting.

BACKGROUND:

Stratford Way is a narrow, improved street within the hillside community. The improved road width along the project frontage at 1612 Stratford Way is approximately 16 feet wide, with an unauthorized decomposed granite shoulder installed in the public right-of-way that is approximately eight feet wide. However, because the north side of Stratford Way adjacent to the property does not restrict parking, the actual road width can be reduced to as little as eight feet when vehicles are parked on the street, posing a public safety issue due to constrained fire engine access.

West of the subject property, street parking is prohibited due to the narrow width and curvature of the street as it loops north and turns into Luneta Drive.

Prior to the redevelopment of the subject site in 2020, the property contained a single-family residence with landscaping extending to the edge of pavement, with the driveway access located where the decomposed granite currently exists.

In 2021, Mr. Rael (Applicant) applied for an Encroachment Permit (EP) EP21-066 to install 3- foot by 6-foot concrete pavers over the existing decomposed granite within the public rightof-way, which was denied because it was found to be inconsistent with Del Mar Municipal Code (DMMC) Section 23.28.040 – Prohibited Encroachments and Section 23.282.070 – Findings for Approval.

On October 3, 2024, Code Enforcement Case CE24-170 was opened after the City received a complaint regarding newly placed gravel along the frontage of 1612 Stratford Way.

Staff determined that the Applicant had not received authorization to install the loose gravel as shown in Attachment D, and therefore, required its removal. The Applicant was advised to contact the City to obtain an encroachment permit for any improvements in the public rightof-way.

It appears that the Applicant subsequently removed the loose gravel and installed decomposed granite material within the right-of-way without authorization. 2 May 5, 2026 May 5, 2026 Item 12 Item 12 18 July 7, 2026 Item 5 City Council Agenda Report
De Novo Hearing of EP25-049
May 5, 2026

On January 8, 2025, the Applicant applied for a Long-term, Minor Encroachment Permit (EP25-006) proposing:
 A new concrete walkway;
 A six-inch concrete curb adjacent to the property fence line;  Grasscrete (concrete squares with grass between them); and  DG improvements within the public right-of-way.

The proposal would have modified approximately eight feet of the public right-of-way along the northern property frontage.

The Applicant indicated the proposed improvements would provide a more durable surface than the existing unauthorized DG. This portion of the right-of-way is primarily used for parking due to the narrow width of Stratford Way.

On February 25, 2025, the City denied EP25-006 because the proposed encroachments would create the appearance that the area within the right-of-way is reserved for private use, which is prohibited by DMMC Section 23.28.080(B)(3). (See also, CP 110.) In addition, staff could not make two of the six findings for approval under DMMC Section

23.28.070(C.1-6), specifically:
 Finding 2 – The proposed encroachments would not unreasonably interfere with the intended use of the City right-of-way; and
 Finding 5 – The proposed encroachments would not be detrimental to the interests of the general public.

In addition, the proposed materials conflict with City Council Policy 110, which states:
“Inappropriate Proposals for Use of a Right-of-Way or Easement:

It is the City’s policy that proposals for development encroachments that would result in an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property will not be authorized unless the City Council makes a finding that the proposed encroachment will result in a public benefit to the community.”
Staff advised the Applicant that, due to the narrow width of Stratford Way, asphalt would be the only material likely to be supported for improvements within the right-of-way because it would functionally widen the street, which is important due to the existing narrow street width.

A visual timeline is included as Attachment E showing the condition of the property dating back to its redevelopment in 2020.

APPEAL/STAFF RESPONSES:
3 May 5, 2026 May 5, 2026 Item 12 Item 12 19 July 7, 2026 Item 5 City Council Agenda Report
De Novo Hearing of EP25-049
May 5, 2026

Below are the Appellant’s reasons for appeal (shown in bold text) with staff’s responses (shown in italics):

Appellant Point 1: The design has been revised with additional technical information for consideration. The Appellant and his representatives revised the proposed encroachments with additional information after EP25-049 was denied. Staff did not have the benefit of considering this information prior to issuing the denial. The Appellant indicates that the additional information, provided after the denial was issued, depicts how the existing number of informal parking spaces will be the same before and after the improvements and demonstrates how the design allows for public on-street parking. Furthermore, the revised plan provides a 5-foot safety buffer to allow pedestrians a refuge off the paved surface when vehicular traffic passes. In addition, curb and gutter drainage improvements would be built to City standards.

Staff Response:

The City’s practice is to review and make a determination on submitted proposals based on the information provided by the Applicant. Typically, staff will work with applicants to find an acceptable solution; however, after the denial of EP25-006, and throughout the review process of EP25-049, staff indicated that an acceptable solution would be to propose asphalt within the shoulder in the ROW. Throughout a multi-year process, the City considered multiple types of materials proposed by the Applicant and consistently conveyed that the frontage should be improved with asphalt based on the street design width and the required DMMC findings.

In addition, the proposed material is inconsistent with City Council Policy 110, which does not authorize improvements that would give the impression or appearance that the area is privately owned or reserved solely for the private use of the adjacent property. This process resulted in two encroachment permit denials. The proposed material, asphalt “grasscrete,” would consist of asphalt squares with gravel in between (rather than grass, as the name infers). While the Appellant indicates that staff did not have the benefit of considering the revised design prior to denial, staff has determined that the revised design consists of the same proposed improvements that were previously reviewed and denied. The City Manager’s decision is final unless appealed. An applicant would need to submit a new application and go through the review process for any new proposals.

Appellant Point 2: The Appellant seeks to improve the parking shoulder section of the public right-of-way between the Appellant’s property line and Stratford Way’s paved roadway. According to the Appellant, this area is comprised of dirt that washes away during rain events and is wide enough to be used as a parking shoulder by neighbors on Stratford Way, an area where on-street parking is limited. The parking shoulder area appears unfinished, and the Appellant proposes to beautify the area at his expense for the benefit of the City.

Mr. Rael is proposing this improvement with a grasscrete base covered in charcoal gray decomposed granite to provide (and continue) the informal on-street parking. The color of the 4 May 5, 2026 May 5, 2026 Item 12 Item 12 20 July 7, 2026 Item 5 City Council Agenda Report
De Novo Hearing of EP25-049
May 5, 2026

grasscrete and DG will closely match the color of the roadway asphalt, giving the appearance that the parking shoulder is an extension of the street. In addition, the grasscrete and DG solution is permeable, which would allow stormwater to percolate into the soil. Moreover, the proposed curb and gutter improvements along the property frontage will match the existing curb-and-gutter design located immediately west of the property. No loss of parking is anticipated, and the parking shoulder can accommodate up to three (3) vehicles, and the proposal maintains the same areas for informal parking. The concrete paver walkway proposed at the entry provides an entry path to the residence but still allows vehicles to drive over it to park.

Granting the approval of the EP would not convey that the encroached upon area is owned or reserved for private use as an existing fence and landscaping along the property line clearly delineates private property from public right-of-way. The proposed materials and colors provide an informal parking shoulder that do not match the private improvements of the home, therefore not creating an impression that the parking shoulder is or will be used for private property use.

Staff Response:

Del Mar has many narrow streets; therefore, when development is proposed including use of the City right-of-way, each site is evaluated carefully for appropriate frontage improvements.

This section of Stratford Way has approximately 16 feet of paved roadway. Should the City need to widen the street in the future, the proposed encroachments would be a limiting factor.

Since parking is available on the north side of Stratford Way along the frontage of the property, there is only approximately eight (8) feet of improved traversable asphalt road width for vehicles if there is a vehicle parked on the street. Emergency vehicle apparatus may be unable to navigate through the area due to the narrow width of the road as shown in Attachment C. Moreover, the City has concerns about potential runoff over time from loose gravel associated with the use of asphalt grasscrete/DG. With vehicles constantly parking over this material, the material may loosen and erode on the street during rain events.

The City is in the process of working with Michael Baker International (MBI) to evaluate colored curbs citywide. Based on the study provided by MBI, the City may make recommendations to reevaluate parking in certain areas due to the traversable paved road width. It is important that improvements within the right-of-way be designed to public street standards, such as asphalt, to preserve future flexibility for roadway widening and safe vehicular access.

While the concrete pavers for the entryway provide a hardscaped surface that vehicles can drive over, they may give the impression that the area is private property and could reduce available parking. In addition, the proposed materials incorporate a design element that differs from a clear delineation of public right-of-way (e.g., asphalt) to private property. While the existing fence on the property line may provide a delineation, the fence also acts as a safety barrier between the public traversable space and the grade drop-off on the Appellant’s property, as the property itself sits at a lower elevation than the street. 5 May 5, 2026 May 5, 2026 Item 12 Item 12 21 July 7, 2026 Item 5 City Council Agenda Report
De Novo Hearing of EP25-049
May 5, 2026

Appeal Point 3: The Del Mar Community Plan description about residential streets.

The Appellant cited an excerpt from the Community Plan describing residential streets as having an informal “country road” character due to the lack of sidewalks, curbs and gutters, and the presence of private landscaping along the edges of pavement. This characteristic is considered by many in the community to be a positive aesthetic feature worthy of preservation. Mr. Rael is providing public improvements that beautify the City’s right-of-way and is aesthetically pleasing, consistent with the Community Plan. The staff recommendation of asphalt material to match with the existing roadway material is not a positive aesthetic feature consistent with the Community Plan.

Staff Response:

While aesthetics is one of the findings for approval, the City’s practice regarding similar improvements within the right-of-way is to preserve the ability to widen City streets when necessary. The EP was denied on the basis that Findings 2 and 5 of DMMC Section

23.28.070 could not be made because the proposed improvements would potentially interfere with use of the right-of-way should the City need to widen the street in the future. In addition, the proposed encroachments may be a detriment to the interests of the general public by proposing decorative-like material that is inconsistent with material typically used for public parking. In this specific encroachment scenario, the proposed material may alter the intended use of the right-of-way, potentially deterring public parking and creating a pinch point if vehicles are parked along this street segment.

As previously mentioned, the proposed materials conflict with City Council Policy 110, by resulting in an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property.

The alternative to the Applicant’s proposed materials would be the use of asphalt in this section of ROW to avoid having the parking shoulder appear privatized. As shown in Attachment F, there are various examples throughout town that are similar scenarios to this EP where the applicant installed a different material than asphalt and the dedicated parking shoulder appears privatized. More specifically, the grasscrete material along the ROW of 444/456 10th Street (Attachment E) gives the impression that the shoulder is private property because vehicles are parked against the curb rather than on the grasscrete material. This creates a narrow pinch point for vehicular access and can create public safety access issues as discussed above.

CONCLUSION:

DMMC Section 23.28.020 defines a Long-term, Minor Encroachment Permit as an improvement designed to have a permanent appearance and intended use for a period of 365 days or more, including but not limited to driveway aprons, pathways, walkways, and vegetation.

Pursuant to DMMC Section 23.28.070, there are six required findings to approve a Longterm, Minor Encroachment Permit that generally relate to public safety, intended use of the 6 May 5, 2026 May 5, 2026 Item 12 Item 12 22 July 7, 2026 Item 5 City Council Agenda Report
De Novo Hearing of EP25-049
May 5, 2026

right-of-way, community character, aesthetics, and conversion of public land for private use.

An EP shall only be approved if all six findings can be made.

Finding 1: That the issuance of the EP will not endanger public health, safety or welfare, or the surrounding property.

The proposed encroachments will not endanger public health, safety or welfare, or the surrounding property. The proposed encroachments would improve an area currently comprised of DG and located within a parking shoulder cutout that is used primarily for vehicle parking.

Finding 2: That the issuance of the EP will not unreasonably interfere with the intended use of a City Right-of-Way or Easement.

Staff cannot make this finding. As the road width of Stratford Way is approximately 16 feet, the proposed encroachments may deter the public from parking within this shoulder due to the impression that the shoulder is private property. Therefore, it could result in a loss of public parking. This would unreasonably interfere with the intended use of a right-of-way.

City Council Policy 110 identifies proposed materials that result in the impression or appearance that the encroached-upon area is owned by or reserved solely for the private use of the adjacent property as an inappropriate proposal for use of a right-of-way or easement, unless the City Council makes a finding that the proposed encroachment will result in a public benefit to the community.”
Finding 3: That the issuance of the EP will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics.

The proposed encroachments will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics.

Finding 4: That the issuance of the EP will not cause an unnecessary change in the character of the community.

The proposed encroachments would create minor changes to the ROW and will not cause an unnecessary change in the character of the community.

Finding 5: That the issuance of the EP will not be to the detriment of the interests of the general public.

Staff cannot make this finding. The proposed encroachments in the City right-of-way would occur within a wider section of the right-of-way currently used for public parking, which would unnecessarily limit parking in this area. Furthermore, the proposed asphalt grasscrete material gives the impression that this portion of the public right-of-way is private property.

This could deter the use of publicly available parking. 7 May 5, 2026 May 5, 2026 Item 12 Item 12 23 July 7, 2026 Item 5 City Council Agenda Report
De Novo Hearing of EP25-049
May 5, 2026

Finding 6: The proposed Encroachment will not convert significant area of public property to private use.

The improved width of Stratford Way is 16 feet, and the Appellant installed DG with rolled curb along the property frontage right-of-way is approximately 8 feet wide. Therefore, the proposed encroachments are only proposing to enhance the existing materials and not further converting significant area of public property to private use.

Based on the information above, staff cannot make two of the six required findings and therefore cannot approve EP25-049. In accordance with DMMC 23.28.070(C), findings must be made to approve the Encroachment Permit. As such, staff recommend that the City Council adopt a Resolution denying EP25-049 (Attachment A).

FISCAL IMPACT:

There is no fiscal impact related to this agenda item as this is a private development proposal.

All fees associated with the appeal were paid for by the Appellant.

ENVIRONMENTAL IMPACT:

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

ATTACHMENTS:

Attachment A – Resolution Denying EP25-049
Attachment B – EP25-049 Denial Letter
Attachment C – Appeal of EP25-049
Attachment D – Loose Gravel Image
Attachment E – Visual Timeline
Attachment F – Other Similar Encroachments in Del Mar
8 May 5, 2026 May 5, 2026 Item 12 Item 12 24 July 7, 2026 Item 5 RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, DENYING ENCROACHMENT PERMIT 25-
049, A REQUEST TO INSTALL ASPHALT GRASSCRETE
MATERIAL, MOUNTABLE CONCRETE CURB, AND A 6-INCH

CONCRETE CURB WITHIN THE PUBLIC RIGHT-OF-WAY ON THE
NORTH SIDE OF THE PROPERTY AT 1612 STRATFORD WAY
(APN: 299-280-47-00) IN DEL MAR, CALIFORNIA
WHEREAS, the City of Del Mar (City) is the owner of the public right-of-way adjacent to 1612 Stratford Way; and
WHEREAS, on April 24, 2025, Paul Rael (Applicant) applied for a Long-term Minor Encroachment Permit (EP25-049) seeking approval to install asphalt grasscrete, a mountable curb, and a 6-inch concrete curb within the public right-of-way adjacent to 1612 Stratford Way; and
WHEREAS, Del Mar Municipal Code (DMMC) 23.28 requires a Long-term Minor Encroachment Permit (EP) be approved by the City Manager; and WHEREAS, the on January 5, 2026, EP25-049 was denied by the City Manager based on findings that the proposal would be inconsistent with DMMC 23.28; and WHEREAS, on January 20, 2026, the Applicant timely filed an appeal of the City Manager’s denial of EP25-049 with the City Clerk; and
WHEREAS, in the appeal document the Applicant asserts that: (1) the design has been revised with additional technical information for consideration; (2) the Applicant seeks to improve the parking shoulder section of public right-of-way between the Applicant’s property line and Stratford Way paved roadway; and (3) the Del Mar Community Plan description about residential streets provides an informal “country road” character; and WHEREAS, on April 7, 2026, the City Council initially considered the appeal of the City Manager’s denial of EP25-049 and determined to hear the application at a de novo public hearing; and
WHEREAS, on May 5, 2026, the City Council of the City of Del Mar held a duly noticed de novo public hearing to review the referenced entitlements, and at which time all persons desiring to be heard were heard; and
WHEREAS, oral and written evidence was submitted and considered to include without limitation:
a. Plans developed by the Applicant;
b. Written information submitted with the application;
c. Agenda Report, dated May 5, 2026, incorporated by reference as though fully set forth herein; and
9 May 5, 2026 Item 12 Attachment A May 5, 2026 Item 12 25 July 7, 2026 Item 5 Resolution 2026-XX

d. Additional information submitted and testimony provided during the hearing on May 5, 2026.

WHEREAS, DMMC Section 23.28.070 provides that an Encroachment Permit may be approved or conditionally approved only if the decision maker makes all of the findings set forth in Section 23.28.070(C); and
WHEREAS, DMMC Section 23.28.040(B)(3) describes prohibited encroachments to include: Any Encroachment that would convey an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property with no associated public benefit to the community; and WHEREAS, City Council Policy 110 states that, “It is the City’s policy that proposals for development encroachments that would result in an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property will not be authorized” and grasscrete materials represent inappropriate proposals for use of a right-of-way in that the materials will give the appearance of private property instead of a paved City street for public use; and
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 that Encroachment Permit EP25-049 is hereby denied based on the following:

Section 1:

The Project proposed by the Applicant would fall within the types of prohibited encroachments set forth in DMMC Section 23.28.040 – PROHIBITED ENCROACHMENTS, specifically Subsection (B)(3): Any Encroachment that would convey an impression or appearance that the encroached upon area is owned by or solely for the private use of the adjacent property with no associated public benefit to the community.

The installation of asphalt grasscrete material with a new mountable concrete curb within the parking shoulder in the public right-of-way creates the impression that the parking shoulder is private property.

Section 2:

In addition, the proposed materials conflict with City Council Policy 110, which states:
“Inappropriate Proposals for Use of a Right-of-Way or Easement: It is the City’s policy that proposals for development encroachments that would result in an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property will not be authorized unless the City Council makes a finding that the proposed encroachment will result in a public benefit to the community.” 10 May 5, 2026 Item 12 Attachment A May 5, 2026 Item 12 26 July 7, 2026 Item 5 Resolution 2026-XX

Section 3:

DMMC Section 23.28.070(C) requires the City Council to make all six findings in this section, which include 23.28.070(C)(2), “The proposed encroachment will not unreasonably interfere with the intended use of a City right-of-way or easement”,

23.28.070(C)(5), “That the issuance of the EP will not be a detriment of the interests of the general public”.

Findings 2 and 5 cannot be made with respect to the Applicant’s project. The proposed encroachments are in an area dedicated to public parking on Stratford Way. The paved road width of Stratford Way is approximately 16’, the proposed encroachments may deter the public from parking within this shoulder due to the encroachments giving the impression that the shoulder is private property. In addition, the proposed encroachments in the City right-of-way would occur within a wider section of the right-of-way currently used for public parking, which would unnecessarily limit parking in the area.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that EP25- 049 is 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 5th day of May 2026. ____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:

Christina Cameron, City Attorney
City of Del Mar
11 May 5, 2026 Item 12 Attachment A May 5, 2026 Item 12 27 July 7, 2026 Item 5 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 5th day of May 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
12 May 5, 2026 Item 12 Attachment A May 5, 2026 Item 12 28 July 7, 2026 Item 5 1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us January 5, 2026
Paul Rael
1612 Stratford Way
Del Mar, CA 92014
[email protected]
Subject: Denial of Encroachment Permit (EP) 25-049 (1612 Stratford Way) A request for authorization to 1) remove the existing concrete walkway pavers and add new concrete walkway pavers to the east of the existing pavers, and 2) install a new concrete curb and asphalt grasscrete material along the property frontage within the public rightof-way.

This letter is to notify you of the denial of your application for Encroachment Permit EP25-049 to utilize the public right-of-way adjacent to 1612 Stratford Way to install concrete pavers, a new concrete curb, and asphalt grasscrete material within the parking shoulder of the public right-ofway along the property’s frontage.

As indicated in the February 25, 2025, denial letter for EP25-006 and in accordance with Del Mar Municipal Code (DMMC) Section 23.28.040(B)(3) (Prohibited Encroachments), “Any encroachment that would convey an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property with no associated public benefit to the community”, is specifically prohibited.

The proposed encroachments under EP25-049 would be prohibited because the new concrete pavers would create an impression that the walkway is private property by creating a seamless connection between the existing pavers on private property with the proposed pavers in the public right-of-way. In addition, the installation of asphalt grasscrete material with a new mountable concrete curb within the parking shoulder in the public right-of-way creates the impression that the parking shoulder is private property.

In addition, DMMC Section 23.28.070(C.1-6) (Findings for Approval) specifies that an Encroachment Permit may only be approved or conditionally approved if all six findings can be made. For EP25-049, the City cannot make all six findings. Specifically:
• DMMC 23.28.070 (C.2)
The proposed encroachment will not unreasonably interfere with the intended use of a City right-of-way or easement.

The proposed encroachment is in an area dedicated for public parking on Stratford Way.

As the road width of Stratford Way is approximately 16’, the proposed pavers would be 13 May 5, 2026 Item 12 Attachment B May 5, 2026 Item 12 29 July 7, 2026 Item 5 EP25-049 (1612 Stratford Way)
Denial Letter
January 5, 2026
installed a few feet east of the existing concrete pavers in the public right-of-way and would result in a loss of public parking on the street. • DMMC 23.28.070 (C.5)
The proposed encroachment will not be a detriment to the interests of the general public.

The proposed pavers would match the existing pavers in the City right-of-way; however, these pavers would encroach in a wider section of the public right-of-way that is used for public parking, which would unnecessarily limit parking in this area. Furthermore, the proposed asphalt grasscrete material gives the impression that the parking shoulder within the public right-of-way is private property. This could deter the use of publicly available parking.

The decision of the Assistant City Manager is final unless a written appeal is filed with the City Clerk’s office ([email protected]), accompanied with a processing fee, within ten (10) working days from the date of notice of the action taken on the application. The appeal is then forwarded to the City Council, which determines at the initial consideration whether to reject the appeal, thereby upholding the Assistant City Manager’s decision, or to set the matter for a subsequent date for a new (de novo) public hearing review.

If you have any questions on this matter, please contact Nestor Machado, Associate Management Analyst at (858) 755-9314 or email [email protected].

Clem Brown
Assistant City Manager
CB:nm
Attachments
Attachment A – Proposed EP Plans
14 May 5, 2026 Item 12 Attachment B May 5, 2026 Item 12 30 July 7, 2026 Item 5 15 May 5, 2026 Item 12 Attachment C May 5, 2026 Item 12 31 July 7, 2026 Item 5 16 May 5, 2026 Item 12 Attachment C May 5, 2026 Item 12 32 July 7, 2026 Item 5 17 May 5, 2026 Item 12 Attachment C May 5, 2026 Item 12 33 July 7, 2026 Item 5 18 May 5, 2026 Item 12 Attachment D May 5, 2026 Item 12 34 July 7, 2026 Item 5 19 May 5, 2026 Item 12 Attachment E May 5, 2026 Item 12 35 July 7, 2026 Item 5 20 May 5, 2026 Item 12 Attachment E May 5, 2026 Item 12 36 July 7, 2026 Item 5 21 May 5, 2026 Item 12 Attachment F May 5, 2026 Item 12 37 July 7, 2026 Item 5 22 May 5, 2026 Item 12 Attachment F May 5, 2026 Item 12 38 July 7, 2026 Item 5 1 Leslie Carrillo
From: Janet Wilson <[email protected]>
Sent: Monday, May 4, 2026 9:01 AM
To: City Clerk Mail Box; Tracy Martinez; Dan Quirk; John Spelich; Terry Gaasterland Cc: Karen Brindley; Nestor Machado; Ashley Jones; Janet Wilson Subject: Red Dot - Item 12 - Support for Approval of Encroachment Permit EP25-049 Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Martinez and City Councilmembers,

I am writing in support of Encroachment Permit 25-049 and respectfully request that the Council approve the permit.

Staff was unable to make two of the six required findings.

Finding 2: The proposed encroachments would not unreasonably interfere with the intended use of the City right-of-way.

Finding 5: The proposed encroachments would not be detrimental to the interests of the general public.

The staff report explains that the concern is a potential loss of public parking because the proposed surface might give the impression that this portion of the public right-of-way is private property and could deter use of publicly available parking. In other words, the City’s current position appears to be that unless a parking area is asphalted, the public may assume it is for private use.

In this case, that position does not make sense. A fence separates the private yard from the area outside it. Everything inside the fence is clearly private property, and the natural assumption would be that the parking area outside the fence is not private property, even if it is not asphalted.

If there is still concern about public perception, the solution is straightforward. The City could install a “Public Parking” sign and stripe the spaces so it is unmistakably clear that the area remains available to the general public. The staff report includes photos of other non-asphalt parking encroachments, and the same “Public Parking” sign solution could be used there as well, assuming those surfaces are otherwise acceptable.

More broadly, this situation highlights the need to modernize City Council Policy 110 and the City’s approach to parking-related encroachments in the public right-of-way. Del Mar has a parking problem that will only become more challenging, and more homeowners are improving the curb appeal of their properties. It seems reasonable to expand Policy 110 to address this type of parking encroachment so that similar matters can be handled administratively.

23 May 5, 2026 May 5, 2026 Item 12 Item 12 39 July 7, 2026 Item 5 2 In this specific instance, the right-of-way remains public, and the proposed improvement does not interfere with its use. In fact, it should be viewed as a benefit to the community, because a maintained parking surface is more usable and more attractive than a dirt shoulder where people park or walk.

Thank you for your consideration.

Janet Wilson
635 Hoska Dr.
24 May 5, 2026 May 5, 2026 Item 12 Item 12 40 July 7, 2026 Item 5 March 11, 2026
Del Mar City Council
c/o Sarah Krietor, Administrative Services Manager/City Clerk 1050 Camino del Mar
Del Mar, California 92014
[email protected]

VIA IN-PERSON DELIVERY
Re: Additional Information Regarding Appeal of Staff’s Denial of EP25-049 (Rael) 1612 Stratford Way, Del Mar, CA 92014
Dear Ms. Krietor:

Mr. Paul Rael is the applicant and owner of the property at 1612 Stratford Way, Del Mar, directly adjacent to the right-of-way area in question. Mr. Rael seeks to improve the strip of public rightof-way situated between his front property line and the Stratford Way paved roadway. This area is currently comprised of dirt and mulch that is messy and sheets away during the rain. The area looks unfinished and Mr. Rael is hoping to beautify the area at his expense for the benefit of the City and surrounding neighbors.

Regrettably, staff denied application, EP25-049, and indicated that they could only approve an Encroachment Permit if the improvements were 100% constructed of asphalt to match the roadway materials. Such a solution is woefully deficient in tastefulness and aesthetic quality, and is in fact inconsistent with how the Community Plan describes the intended look and feel for local residential streets in Del Mar:

Nearly all of the streets serving internal circulation have an informal "country road" feeling due to the lack of sidewalks, curbs, and gutters, and the growth of private landscaping along the edges of the pavement. This aspect of street design is felt by the community to be a positive aesthetic feature worthy of preservation (Background - Original Page Nos. 43—47).

Since the denial of Encroachment Permit, EP25-049, we have met with City staff to understand their concerns, and we would like the opportunity to put forth a revised EP design to City Council that provides for more of an informal “country road” feeling consistent with the Community Plan.

We therefore ask simply that the City Council determine to hear the appeal so that we may have the opportunity to present our revised design and additional technical information that addresses staff concerns.
25 May 5, 2026 May 5, 2026 Item 12 Item 12 41 July 7, 2026 Item 5 Letter to Del Mar City Council
RE: EP25-049 (Rael)
March 11, 2026
Attached is our revised EP design which includes photo-renderings of an all-asphalt solution and our revised proposal with a grasscrete base covered in a charcoal gray decomposed granite (DG) that is more in keeping with an informal, rural design aesthetic while maintaining on-street public parking. The grasscrete solution stabilizes the dark gray decomposed granite (DG), is vehiclefriendly for parking, and percolates rainwater which the City of Del Mar encourages as lowimpact development. The City’s suggested asphalt solution seems to be all staff has in their toolbox right now to approve and what we are providing offers a new and viable solution for the Village of Del Mar and the City Council to entertain. I think we can all agree that simply paving over the parking shoulder with asphalt, as offered by staff, is not an aesthetic nor functional design solution anyone would want to see here or anywhere throughout the City.

Respectfully,
Attachment: Rael Right-of Way Improvement Plans, prepared 3/9/2026 by W. Dean Meredith, Architect
26 May 5, 2026 May 5, 2026 Item 12 Item 12 42 July 7, 2026 Item 5

NEW ENTRY WALKWAY TO

REPLACE DEMO WALKWAY
NEW RAILING 42"
HIGH ABOVE FIN.

GRADE
(EXISTING HOUSE

EXISTING DRIVEWAY
134.00 ABOVE N.G.

STRATFORD WAY
N72029 W 117.44'

63.8'
135.8'
135
136
140.45'
135.8'
136.5'
F.G.

F.G.

F.G.
135.4' TW
F.G.

FSB
20' - 0"
SYSB
7' - 6"

DEMO-ED (E)
ENTRY

WALKWAY
-
---

LANDSCAPE

W/ BLACK
MULCH

EXISTING

ASPHALT
NEW
4" CONCRETE
CURB
(E) ROCKS
PL
wm
EXISTING 3'-4" CURB AT WEST

NEIGHBOR- SEE PHOTO BELOW
NEW 3'-4" CURB TO CONNECT TO EXISTING
CURB TO THE WEST - SEE DETAIL 5
3' - 4"
PL
PL
PL
3' - 4"

EXISTING PREVIOUSLY APPROVED BLACK MULCH AREA
GRASSCRETE

NEW GRASSCRETE INFILL PER CITY SPECS
-
NEW CONC. CURB 4" WIDE PER CITY
STANDARDS (B-1/G-06 STD DWG)

RAELS PROPERTY

CITY PROPERTY

NEW GRASSCRETE

NEW CONCRETE SWALE

TO MATCH AND ALIGN

WITH NEIGHBOR'S CURB

TO THE WEST

EXISTNG ASPHALT PAVING
4"
2"
4"
3' - 4"
1' - 5"

PROPERTYLINE
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SITEPLAN
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NEW CURB PER
DETAIL 5 ABOVE

EXISTING CURB AT WEST

NEIGHBOR

GRASSCRETE

GRASSCRETE, SEE PHOTO
BELOW. CONTRACTOR TO

MATCH EXISTING

GRASSCRETE AND GRAVEL
SAMPLE ON SITE.

CONTRACTOR TO MATCH

EXISTING GRASSCRETE
AND GRAVEL.

EXISTING 3'-4" CURB
AT WEST NEIGHBOR.

NEW CURB TO EXTEND
TO PROPOSED SITE.

PROPOSED CURB

EXTENSION TO THE
EAST
1 1/2" = 1'-0" 2

SECTION
2 VISUALS THAT DEPICT PRIVATE PROPERTY VS PUBLIC PROPERTY DEL MAR -3'-6” FENCE
-LANDSCAPE ALONG FENCE AND PROPERTY LINE
-CONCRETE CURB - NORMALLY SEEN AT THE EDGE OF A STREET
SAMPLE ON SITE.
27 May 5, 2026 May 5, 2026 Item 12 Item 12 43 July 7, 2026 Item 5

NEW ENTRY WALKWAY TO

REPLACE DEMO WALKWAY
NEW RAILING 42"
HIGH ABOVE FIN.

GRADE
(EXISTING
HOUSE

EXISTING DRIVEWAY
134.00 ABOVE N.G.

STRATFORD WAY
N72029 W 117.44'

63.8'
135.8'
135
136
135.8'
F.G.

F.G.
135.4'
F.G.

FSB
20' - 0"
SYSB
7' - 6"

DEMO-ED (E)
ENTRY

WALKWAY
-
---

LANDSCAPE

W/ BLACK
MULCH
NEW
(E) ROCKS
PL
wm
EXISTING 3'-4" CURB AT WEST

NEIGHBOR- SEE PHOTO BELOW
NEW 3'-4" CURB TO CONNECT TO EXISTING
CURB TO THE WEST - SEE DETAIL 5
3' - 4"
PL
PL
PL
C. SWALE
3' - 4"

EXISTING PREVIOUSLY APPROVED BLACK MULCH AREA
SAFETY
ZONE
5' - 0"
EXIST.

ASPHALT
GRASSCRETE

SAFETY ZONE
5' - 0"

NEW GRASSCRETE INFILL PER CITY SPECS
-
NEW CONC. CURB
4" WIDE PER CITY
STANDARDS (B-1/G06 STD DWG)

LANDSCAPE W/

BLACK MULCH
RAEL'S

PROPERTY

CITY PROPERTY

NEW PAVING

NEW CONCRETE

CURB TO MATCH AND

ALIGN WITH

NEIGHBOR'S CURB

TO THE WEST

EXISTNG ASPHALT PAVING
4"
2"
4"
3' - 4"
1' - 5"

SAFETY ZONE
5' - 0"

PROPERTYLINE
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Copyright 2023 W. Dean Meredith Architecture and Planning, Inc. 1 6
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1/4" = 1'-0"
1 SITEPLAN
1 1/2" = 1'-0" 2

SECTION
-PROPOSED CONCRETE ENTRY PAVERS. WE ARE PROPOSING

TO RELOCATE THE EXISTING ENTRY PAVERS EAST TO THE
NEW ENTRY STRUCTURES AND GATES.

PUBLIC AND CITY OF DEL MAR BENEFITS
-OUR DESIGN CREATES 5' SAFETY BUFFER FOR PEDESTRIANS
TO EXIT STREET, PER DEL MAR REQUIREMENTS.
-PROPOSE A GRASSCRETE BASE WITH CHARCOAL GRAY

DECOMPOSED GRANITE (COLOR TO MATCH THE EXISTING

ASPHALT), APPEARS AS STREET EXTENSION FOR PARKING (NOT
AS PART OF PRIVATE PROPERTY); SUPPORTS VEHICLE LOADS,

STABILIZES GRANITE, ALLOWS WATER PERCOLATION, MORE
AESTHETIC THAN ASPHALT; ECO-FRIENDLY WITH LESS NEGATIVE ENVIRONMENTAL IMPACT.
-PROPOSED NEW CONCRETE CURB AND GUTTER

IMPROVEMENTS ALONG FRONTAGE, MATCHING WEST PROPERTY
AND CORNER LOTS; AT RAEL’S EXPENSE, RESOLVES CITY'S
DRAINAGE/RUNOFF ISSUES.
-TWO OFF STREET PARKING SPACES
2 -PREVIOUSLY APPROVED BLACK MULCH AREA
28 May 5, 2026 May 5, 2026 Item 12 Item 12 44 July 7, 2026 Item 5 W Dean Meredith ARCHITECT AIA
P.O. BOX 2142 DEL MAR CALIFORNIA 92014

RAEL RESIDENCE
Copyright 2023 W. Dean Meredith Architecture and Planning, Inc. 1612 Stratford Way DEL MAR CALIFORNIA 92014
3/29/2026 3:35:07 PM
A-3

ASPHALT GRASSCRETE W/ CHARCOAL GRANITE BASE
FOR SAMPLE OF ASPHALT SEE 355 BEL AIR STREET, FOR SAMPLE OF GRASSCRETE SEE RAEL RESIDENCE DEL MAR, CA.
29 May 5, 2026 May 5, 2026 Item 12 Item 12 45 July 7, 2026 Item 5 W Dean Meredith ARCHITECT AIA
P.O. BOX 2142 DEL MAR CALIFORNIA 92014

RAEL RESIDENCE
Copyright 2023 W. Dean Meredith Architecture and Planning, Inc. 1612 Stratford Way DEL MAR CALIFORNIA 92014
3/29/2026 3:35:07 PM
A-4
30 May 5, 2026 May 5, 2026 Item 12 Item 12 46 July 7, 2026 Item 5 31 May 5, 2026 May 5, 2026 Item 12 Item 12 47 July 7, 2026 Item 5 32 May 5, 2026 May 5, 2026 Item 12 Item 12 48 July 7, 2026 Item 5 33 May 5, 2026 May 5, 2026 Item 12 Item 12 49 July 7, 2026 Item 5 34 May 5, 2026 May 5, 2026 Item 12 Item 12 50 July 7, 2026 Item 5 35 May 5, 2026 May 5, 2026 Item 12 Item 12 51 July 7, 2026 Item 5 36 May 5, 2026 May 5, 2026 Item 12 Item 12 52 July 7, 2026 Item 5 1 Leslie Carrillo
From: Janet Wilson <[email protected]>
Sent: Monday, May 4, 2026 8:58 AM
To: City Clerk Mail Box; Tracy Martinez; Terry Gaasterland; John Spelich; Dan Quirk Cc: Karen Brindley; Nestor Machado; Ashley Jones; Janet Wilson Subject: Red Dot - Item 12 - Concern Regarding Scope of Staff Report for De Novo Hearing on EP25-049
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Martinez and City Councilmembers,

I am writing regarding the staff report for the de novo hearing on Encroachment Permit 25-049.

The Council’s task at a de novo hearing should be to evaluate the application as presented today and determine whether the current application meets the required findings.

To support that objective, the staff report should contain relevant background and facts tied to the required findings.

This staff report correctly states that the Council’s review is de novo, meaning a new hearing conducted as though the matter had not previously been heard and as though no prior decision had been made, even though prior testimony and materials may remain part of the record.

However, after stating that standard, the staff report includes a long BACKGROUND section covering the 2020 redevelopment condition, a 2021 encroachment permit application, a 2024 code enforcement complaint, an earlier 2025 encroachment application, two prior denials, and a “visual timeline” attachment.

Including extraneous history muddies the de novo presentation and creates a negative focus on past disputes rather than on the merits of the current application.

My specific concerns are that the staff report:
 emphasizes prior denials and prior unauthorized work
 characterizes the process as a “multi-year process”
 includes a visual timeline and other similar encroachments as attachments 37 May 5, 2026 May 5, 2026 Item 12 Item 12 53 July 7, 2026 Item 5 2  repeatedly compares the current submittal to prior versions rather than simply evaluating the project as it is now
Staff was unable to make the findings for the current application, and I understand their position. My concern is the amount of extraneous negative history included in the report, especially because I know a great deal of time and positive effort has gone into getting the application to where it is today.

I understand that de novo hearings are relatively rare, but a staff report for a de novo hearing should present a fresh look at the current application, and I hope the Council will evaluate Encroachment Permit 25-049 on that basis.

Thank you,
Janet Wilson
635 Hoska Dr.
38 May 5, 2026 May 5, 2026 Item 12 Item 12 54 July 7, 2026 Item 5 City Council Item #12
Appeal of EP25-049
Right-of-Way area in front of property at 1612 Stratford Way, Del Mar Applicant/Owner: Paul Rael
May 5, 2026
39 May 5, 2026 May 5, 2026 Item 12 Item 12 55 July 7, 2026 Item 5 40 May 5, 2026 May 5, 2026 Item 12 Item 12 56 July 7, 2026 Item 5 41 May 5, 2026 May 5, 2026 Item 12 Item 12 57 July 7, 2026 Item 5 42 May 5, 2026 May 5, 2026 Item 12 Item 12 58 July 7, 2026 Item 5 43 May 5, 2026 May 5, 2026 Item 12 Item 12 59 July 7, 2026 Item 5 44 May 5, 2026 May 5, 2026 Item 12 Item 12 60 July 7, 2026 Item 5 45 May 5, 2026 May 5, 2026 Item 12 Item 12 61 July 7, 2026 Item 5 Neighborhood Support
for EP25-049
46 May 5, 2026 May 5, 2026 Item 12 Item 12 62 July 7, 2026 Item 5 Item 12:

De Novo Hearing of Encroachment Permit
EP25-049 (1612 Stratford Way)
Applicant: Paul Rael
Del Mar City Council Meeting
May 5, 2026
1 47 May 5, 2026 May 5, 2026 Item 12 Item 12 63 July 7, 2026 Item 5 Vicinity Map
Camino del Mar
Stratford Way Luneta Dr
1612 Stratford Way
Applicant’s Property
N
48 May 5, 2026 May 5, 2026 Item 12 Item 12 64 July 7, 2026 Item 5 Background
• Stratford Way is a narrow street with an improved road-width that is approximately 16 feet wide
• Along the property frontage of 1612 Stratford Way is a decomposed granite (DG) shoulder and curb within public right-of-way (ROW) that is approximately 8 feet wide • North side of Stratford Way adjacent to the property does not restrict parking • West of the subject property, street parking is prohibited due to the narrow width and curvature of the street
• Prior to the redevelopment of the site, the property had landscaping to the edge of pavement with driveway access where the DG currently exists 49 May 5, 2026 May 5, 2026 Item 12 Item 12 65 July 7, 2026 Item 5 Background (Cont.)
• In 2021, EP21-066 was submitted to install concrete pavers over the DG within the shoulder
• EP21-066 was denied due to inconsistency with Del Mar Municipal Code (DMMC)
• On October 3, 2024, Code Enforcement case CE24-170 was opened due to newly placed gravel along the property frontage without obtaining an Encroachment Permit • On January 8, 2025, EP25-006 was submitted for grasscrete, DG improvements, concrete walkway, and a six-inch curb adjacent to the property fence line • EP25-006 was denied due to inconsistency with DMMC
50 May 5, 2026 May 5, 2026 Item 12 Item 12 66 July 7, 2026 Item 5 Background (Cont.)
• On April 24, 2025, the Applicant submitted EP25-049 for similar improvements to EP25-006, with the addition of the mountable curb and asphalt grasscrete material • EP25-049 was denied on January 5, 2026, due to inconsistency with DMMC • On January 20, 2026, Paul Rael (Applicant) filed an appeal with the City Clerk • On April 7, 2026, the City Council conducted an Initial Consideration of an Appeal and decided to set the matter for a de novo public hearing 51 May 5, 2026 May 5, 2026 Item 12 Item 12 67 July 7, 2026 Item 5 De Novo Hearing
• Per DMMC 1.12 Appeals, this is a De Novo (new) hearing on application EP25-049 • De Novo means the hearing by the reviewing body (City Manager) all testimony, material from the record may be included, and the determination by the subordinate authority (City Manager) is advisory (DMMC 1.12.050-A)
• The City Council is asked to make a determination on the EP application based on the requirements of DMMC Chapter 23.28 and City Council Policy 110 • An Encroachment Permit, Minor or Major may be approved or conditionally approved only if the decision maker can make all of the findings pursuant to DMMC

23.28.070(C)
52 May 5, 2026 May 5, 2026 Item 12 Item 12 68 July 7, 2026 Item 5 53 May 5, 2026 May 5, 2026 Item 12 Item 12 69 July 7, 2026 Item 5 54 May 5, 2026 May 5, 2026 Item 12 Item 12 70 July 7, 2026 Item 5 55 May 5, 2026 May 5, 2026 Item 12 Item 12 71 July 7, 2026 Item 5 56 May 5, 2026 May 5, 2026 Item 12 Item 12 72 July 7, 2026 Item 5 Appeal Points

1. The design has been revised with additional technical information for consideration

2. The Appellant seeks to improve the parking shoulder section of public right-of-way between the Appellant’s property line and Stratford Way paved roadway

3. The Del Mar Community Plan description about residential streets 57 May 5, 2026 May 5, 2026 Item 12 Item 12 73 July 7, 2026 Item 5 Staff Responses to Appeal Points
• The Encroachment Permit process requires the City to review an application and make a determination based on submitted information provided by the Applicant • Throughout a multi-year process, the City
considered multiple types of materials
proposed by the Applicant, including the
asphalt-grasscrete design identified in the
Applicant’s appeal letter and red dot
• The appeal process is not a mechanism
for the Council to consider a new/revised design
58 May 5, 2026 May 5, 2026 Item 12 Item 12 74 July 7, 2026 Item 5 Staff Responses to Appeal Points (Cont.)
• Each site is reviewed carefully for appropriate frontage improvements and in this scenario, the City has concerns regarding the proposed improvements as follows:
• Narrow paved road-width of approximately 16 feet (reduced to as little 8 feet with vehicles parked on both sides of Stratford Way)
• Drainage concerns
• Roadway width concerns due to the proposed improvements appearing privatized • The EP review process does consider aesthetics however, the City’s practice regarding similar improvements within the right-of-way is to preserve the ability to widen City streets when necessary
• The proposed improvements may alter the intended use of the right-of-way 59 May 5, 2026 May 5, 2026 Item 12 Item 12 75 July 7, 2026 Item 5 Staff Responses to Appeal Points (Cont.)
• The EP was denied on the basis that Findings 2 and 5 of DMMC 23.28.070 could not be made because the proposed improvements would potentially interfere with use of the rightof-way should the City widen the street in the future; the proposed material of asphalt grasscrete is inconsistent with asphalt public street improvement standards • Improving this portion of the street segment with material other than asphalt design used for public streets provides a visual impression that this segment of the street is private property and may deter the public from parking
• There are various examples throughout town that are similar scenarios to this EP where the applicant installed a different material than asphalt and the dedicated parking shoulder appears privatized
• Proposed materials conflict with City Council Policy 110, by resulting in an impression or appearance that the encroached upon area is owned by or reserved solely for the private use of the adjacent property
60 May 5, 2026 May 5, 2026 Item 12 Item 12 76 July 7, 2026 Item 5 61 May 5, 2026 May 5, 2026 Item 12 Item 12 77 July 7, 2026 Item 5 62 May 5, 2026 May 5, 2026 Item 12 Item 12 78 July 7, 2026 Item 5 63 May 5, 2026 May 5, 2026 Item 12 Item 12 79 July 7, 2026 Item 5 Recommendation
• Staff recommends the City Council adopt a Resolution denying EP25-049 64 May 5, 2026 May 5, 2026 Item 12 Item 12 80 July 7, 2026 Item 5 65 May 5, 2026 May 5, 2026 Item 12 Item 12 81 July 7, 2026 Item 5 66 May 5, 2026 May 5, 2026 Item 12 Item 12 82 July 7, 2026 Item 5 67 May 5, 2026 May 5, 2026 Item 12 Item 12 83 July 7, 2026 Item 5 68 May 5, 2026 May 5, 2026 Item 12 Item 12 84 July 7, 2026 Item 5 69 May 5, 2026 May 5, 2026 Item 12 Item 12 85 July 7, 2026 Item 5 Findings for Approval
• Pursuant to DMMC Section 23.28.070, an application for an Encroachment Permit may be approved only if all six findings below can be made:

1. The proposed Encroachment will not endanger the public health, safety or welfare, or the surrounding property

2. The proposed Encroachment will not unreasonably interfere with the intended use of a City ROW or Easement

3. The proposed Encroachment will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics

4. The proposed Encroachment will not cause an unnecessary change in the character of community

5. The proposed Encroachment will not be a detriment to the interests of the general public

6. The proposed Encroachment will not convert significant areas of public property to private use
70 May 5, 2026 May 5, 2026 Item 12 Item 12 86 July 7, 2026 Item 5 Additional Photos
71 May 5, 2026 May 5, 2026 Item 12 Item 12 87 July 7, 2026 Item 5 Additional Photos
72 May 5, 2026 May 5, 2026 Item 12 Item 12 88 July 7, 2026 Item 5 Additional Photos
73 May 5, 2026 May 5, 2026 Item 12 Item 12 89 July 7, 2026 Item 5 Additional Photos
74 May 5, 2026 May 5, 2026 Item 12 Item 12 90 July 7, 2026 Item 5 City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Ashlea Houston, Associate Management Analyst
Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: July 7, 2026
SUBJECT: First Amendment to Agreement with Schmidt Design Group for Shores Park Master Plan
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Approve the First Amendment to the Agreement with Schmidt Design Group for preparation of the Shores Park Master Plan to adjust the scope of services and compensation, and add a ten percent (10%) project contingency of $17,731 (Attachment A); and 2) Authorize the City Manager to execute the First Amendment and any additional agreement changes within the project contingency.

BACKGROUND:

On June 16, 2025, the City Council restarted the Shores Park master planning process after being on hold since 2019. During the meeting, staff provided an overview of the project and proposed next steps, including the recommendation to engage the original project consultant, Schmidt Design Group (Schmidt), to complete the master plan (https://www.delmar.ca.us/DocumentCenter/View/10053/06162025-Item-12---ResumeShores-Park-Master-Planning).

On October 6, 2025, the City Council approved an agreement with Schmidt to complete the Shores Park Master Plan in an amount up to $171,405 (Attachment B). The agreement total included a base scope of work to develop three master plan alternatives, one final master plan concept, and to participate in meetings with staff, the Shores Park Master Plan Ad-hoc Advisory Committee (Shores Committee), key stakeholders, and the City Council. The agreement also included several optional tasks that could be authorized at the discretion of the City based on the needs of the master planning process (https://www.delmar.ca.us/DocumentCenter/View/10557/10262025---Item-7---SchmidtDesign-Group-Agreement).

DISCUSSION/ANALYSIS:

Since October 2025, Schmidt has completed extensive work on the Shores Park Master Plan through an iterative planning process, including multiple meetings with the Shores 1 July 7, 2026 Item 6
City Council Agenda Report
First Amendment to Schmidt Design Group Agreement
July 7, 2026

Committee and key stakeholders, and ongoing refinement of design alternatives toward a final master plan concept.

To remain responsive to Shores Committee requests and stakeholder input received throughout the process, Schmidt was asked to conduct analyses and design iterations beyond what was anticipated and scoped in the original agreement. This included development of a two-story community building concept, multiple park layout options to address the placement of the Alvarado House, and additional evaluations of parking layouts, emergency access, and shared use versus separate off-leash dog areas. These efforts required additional meetings, including Brown Act-compliant Committee member briefings, review by the Fire Department, and meetings with the Winston School and users of the Del Mar Community Building.

At this stage in the master planning process, Schmidt has fully utilized one of the optional tasks included in the original scope in the amount of $5,000 to support additional Shores Committee and stakeholder meetings. Staff has reviewed the remaining optional tasks against the current project needs to determine how to best maximize the value of the approved consultant budget. Based on this review, staff recommends reallocating the remaining $16,800 in optional task funds toward the preparation of additional design alternatives and analyses that were required during the master plan alternatives phase.

This adjustment results in no net increase to the $171,405 agreement amount originally approved by the City Council, and instead reallocates funds through an updated scope of services.

In addition, material changes have been identified since the most recent Shores Committee meeting, which will require an additional Committee meeting in late July to review and consider a final recommended design for Council consideration. To support this effort, staff recommends adding a new task in the amount of $4,900 to cover consultant meeting participation and associated revisions, along with a $1,000 reimbursable expense allowance for consultant travel and other expenses associated with the Committee meeting and final master plan.

Due to the nature of the master planning process and the potential for unforeseen requests from the Shores Committee or City Council during final development of the Shores Park Master Plan, staff also recommends establishing a project contingency equal to ten percent (10%) of the agreement total, or $17,731. This contingency would provide limited authorization for the City Manager to approve necessary, unforeseen work required to complete the Shores Park Master Plan, provided such work does not materially expand the approved scope.

Included as Attachment A is a First Amendment to the Agreement with the Schmidt Design Group for Council consideration. The amendment includes an updated scope of services, with the new tasks and 10% contingency, resulting in a revised total agreement amount of $195,036. This amendment will support the efficient and effective completion 2 July 7, 2026 Item 6
City Council Agenda Report
First Amendment to Schmidt Design Group Agreement
July 7, 2026

of the master planning process, which is expected to occur by the end of the calendar year.

FISCAL IMPACT:

The potential fiscal impact of the recommended action is an increase to the Agreement of $23,631, if the full contingency is utilized. There is no fiscal action to be taken by the City Council associated with this item since sufficient funds have been included in the approved Fiscal Year 2026-2027 Operating and Capital Budget to cover the revised notto-exceed amount of $195,036 to complete the Shores Park Master Plan.

ATTACHMENTS:

Attachment A – First Amendment with Schmidt Design Group Attachment B – October 2025 Agreement with Schmidt Design Group 3 July 7, 2026 Item 6

FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DEL MAR

AND SCHMIDT DESIGN GROUP

FOR PREPARATION OF THE SHORES PARK MASTER PLAN
THIS FIRST AMENDMENT to the Agreement (First Amendment) is made and entered into effective the 7th day of July, 2026, by and between the City of Del Mar, a Charter City and municipal corporation (“City”), and Schmidt Design Group, Inc. (“Consultant”) (collectively “Parties”).

RECITALS
WHEREAS, on October 20, 2025, the City and consultant entered into an Agreement (Agreement), by which the City and consultant established the terms and conditions for providing landscape architectural services for preparation of the Shores Park Master Plan (“Services”) for a one-year period terminating October 19, 2026; and WHERAS, the Parties now desire to amend the Scope of Services “Exhibit A” and compensation set forth in Section 4 to reflect the revised scope as provided for in Section

1.1; and
WHEREAS, the First Amendment is necessary in order to provide for an updated scope of services and compensation.

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

Section 1. “Exhibit A” to the Agreement (“Scope of Services”) is hereby replaced by the new “Exhibit A” included with this First Amendment.

Section 2. Except as otherwise provided in this First Amendment, all terms and conditions, and attachments and exhibits thereto, of the Agreement shall remain in full force and effect.
[SIGNATURES ON THE FOLLOWING PAGE]

ATTACHMENT A
4 July 7, 2026 Item 6
City of Del Mar
First Amendment to Agreement Schmidt Design Group Master Planning Services

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

SCHMIDT DESIGN GROUP,
a California corporation
By:

JT Barr, President & Managing
Partner
ATTEST:

By:

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

By:

Christina Cameron, City Attorney
5 July 7, 2026 Item 6
1310 Rosecrans Street, Suite G San Diego, CA 92106 LIC. CA 2138 | NV 219 | AZ 3419 T 619.236.1462 | F 619.236.8792 SCHMIDTDESIGN.COM
June 30, 2026-Revised
Clem Brown | Assistant City Manager
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014
RE: Landscape Architectural Services for Shores Park Master Planning Dear Clem,
Thank you for the opportunity to provide the following proposal for restarting the design process for Shores Park in Del Mar. The scope of work includes design services for the concept design phase, as defined below.

We have assigned the same talented staff from our previous work prior to suspension of the project back in 2018. The original community outreach and design effort included several phases: Discover, Explore, Envision, and Create. We will re-engage in the “Create” Phase moving directly to alternatives and a final master plan document.

TEAM
 Architecture, OBR
 Civil Engineering, Leppert Engineering
 Electrical Engineering, MPE
SCOPE OF SERVICES – BASE SCOPE
Task 1 – Master Plan Alternatives

1. Due Diligence: The design team will review our previous studies, notes, presentations, and community feedback to build on the ideas and goals established during the initial outreach and design phase.

2. Kick-off Meeting: Schmidt Design Group (SDG) and OBR Architecture (OBR) will attend a kick-off meeting with City staff to refine the project goals and objectives. See Meetings, Task 3 below.

3. Park Program: SDG will share an anticipated program list for three (3) alternatives. We anticipate that the 3 alternatives will include the following:

Alt 1 - Joint-use athletic field and dog park
Alt 2 - Separate athletic field and dog park
Alt 3 - Scheme that includes the Alvarado House, likely with a joint use field and dog park.

OBR will provide the anticipated program list for the community building (see OBR scope of work below). We anticipate that park and building program elements will be defined by City staff based on previous studies and Council direction, and will include feasibility evaluation of relocating the Alvarado House to the park site.

4. Loose Draft Master Plan Alternatives: The team will develop a series of three (3) loosely sketched master plan alternatives that reflect the community’s vision and the modified program elements. Each alternative will explore potential program arrangement and 6 July 7, 2026 Item 6
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2 preliminary grading strategies. The alternatives will be illustrative in nature, and color rendered. OBR architects will share alternatives for the community building direction in a similarly loose style (see OBR scope of work below). We will share these first alternatives for City staff to confirm the designs meet the project goals.

5. Draft Master Plan Alternatives: Based on review and feedback on the loose alternatives, SDG will prepare three (3) alternatives for the park. The plans will be computer rendered for sharing with the public at large, the Ad Hoc Committee, and City Council.

6. Consultant Reviews: Each alternative will be studied by our consultant team:
 Architect, OBR will review the site design and provide input.

Team feedback and consulting will assist in estimating anticipated construction costs.

7. Precedent Image Boards: Precedent image boards will be prepared. The boards will contain design, program, and material imagery to further reinforce the vision of each master plan alternative.

8. Architectural Design: OBR will provide the following alternatives for the community building.

Scheme 1 will include addition to, or modernization of, the existing structure. Scheme 2 will include demolition and replacement with a new structure.  Initial space plans, program spreadsheets, inspiration imagery and preliminary floor plans and preliminary elevations to assist the Ad hoc Committee and Council select one scheme to move forward.
 As deemed appropriate by City staff, OBR will meet with the building user group to understand their current and future needs.

9. Estimate of Probable Cost: A rough order of magnitude construction cost estimate will be provided for each park and building alternative.

Task 2 – Final Master Plan

1. Final Master Plan: We anticipate that the City will provide direction for the preferred park master plan that may include a recommendation to move forward with one alternative, or with a final alternative that uses a combination of features. The plan will be illustrative in nature, computer rendered, and will include park amenities, site furnishings, a conceptual plant palette, and a design statement.

2. Consultant Reviews: The final Master Plan will be studied by our consultant team:
 Architect, OBR will review the site design and provide input.  Civil Engineer, Leppert Engineering will:

1. Prepare a conceptual grading exhibit to be used to estimate grading quantities

2. Prepare a preliminary Civil Engineering Construction Cost Estimate.

3. Provide preliminary earthwork calculations.

4. Provide as needed coordination with project design team.  Electrical Engineer, MPE will coordinate locations of new proposed electrical with new building layout, estimate service size and location of new gear, provide a lighting design statement describing the intended park lighting. 7 July 7, 2026 Item 6
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3 Team feedback and consulting will assist in estimating anticipated construction costs.

3. Precedent Image Boards: Precedent image boards will be prepared for the final master plan. The boards will contain design, program, and material imagery which further reinforce the vision of the master plan.

4. Simulations: A 3D visual simulation will be prepared for the Final Master Plan. This graphic will be an invaluable tool to depict the alternatives from a variety of angles and clearly illustrate the composition and character of the spaces being proposed. The simulation will be in a high-resolution format and suitable for use by the City in press releases and promotional materials.

5. Architectural Design: We anticipate that the City will select one scheme to move forward.

Based on the feedback received, OBR will further progress the selected scheme to include more detailed floor plans, exterior 3D renderings, and colored elevations.

6. Estimate of Probable Cost: The rough order of magnitude construction cost estimate will be provided for the park and building improvements.

7. Final Master Plan Submittal: Based on City feedback, the design team will provide one round of minor revisions to the final illustrative site plan.

Task 3 – Meetings
Meetings are anticipated as follows, and as noted above.

1. Stakeholder Meeting (total of 1): As deemed appropriate by City staff, SDG & OBR will meet with the community building user group to understand their current and future needs.

2. Ad Hoc Committee Presentations (total of 2): The design team will meet with the Ad Hoc Committee at key points during the design process. A PowerPoint presentation will be prepared to illustrate the design process and final solutions.

3. City Council Presentations (total of 2): The design team will meet with City Council to present the draft alternatives and final master plan. A PowerPoint presentation will be prepared to illustrate the design process and final solutions.

4. City Staff Meetings (total of 12): We will meet with City staff for 12 in person and remote meetings during the course of the anticipated work.

SCOPE OF SERVICES – 01 AUTHORIZED OPTIONAL TASK
Task 3B – Additional Meetings

1. SDG has participated in additional meetings/presentations upon request beyond the base meeting scope, including three Small Group Advisory meetings, a meeting with the Winston School, and meetings with city staff, to further refine concept designs.

SCOPE OF SERVICES – 02 ADDITIONAL TASKS
Task 1B – Additional Master Plan Alternatives
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4 The design effort has expanded beyond the base scope due to additional iterations, additional alternative designs, and expanded stakeholder coordination.

1. Expanded Design Iterations
Multiple master plan alternative iterations were developed beyond the anticipated scope, including:
 Development of a new two-story building concept, expanded parking studies, and evaluation of multiple layout configurations in response to staff and Committee feedback throughout the master plan alternatives process.  Further revision of the design concepts to incorporate feedback received during Small Group Advisory and Fire Review meetings, including preparation of additional exhibits evaluating a second parking lot option and an updated standalone dog park concept.

Task 1C – Additional Advisory Committee Meeting and Master Plan Revisions

1. SDG will attend one additional advisory committee meeting. We will prepare a presentation and discuss alternative layouts with the committee. We anticipate one additional round of site plan revisions based on feedback from the advisory committee meeting. The workshop meeting will be attended by 2 SDG staff members.

Task 4 – Contingency Allocation - As-Needed Landscape Architecture Services

1. If requested, SDG will support the City with any tasks, meetings or additional studies on a time and materials basis.

COST SUMMARY
Base Scope:

Task 1 - Master Plan Alternatives (Lump Sum) $64,910.00 Task 2 – Final Master Plan (Lump Sum) $64,695.00
Task 3 – Meetings (Hourly) $19,000.00
Reimbursable Expenses (Allowance) $1,000.00
BASE SCOPE TOTAL $149,605.00
01- Authorized Optional Task:

Task 3B – Additional Meetings (Hourly) $5,000.00
OPTIONAL TASK TOTAL $5,000.00
02- Additional Tasks:

Task 1B – Add’l Master Plan Alternatives (Lump Sum) $16,800.00 Task 1C – Add’l Advisory Mtg & Plan Revisions (Hourly) $4,900.00 Reimbursable Expenses (Allowance) $1,000.00
10% Contingency Allocation $17,731.00
ADDITIONAL TASKS TOTAL $40,431.00
TOTAL CONTRACT $195,036.00

PROJECT ASSUMPTIONS AND EXCLUSIONS
This proposal has been prepared with the following assumptions and exclusions:
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5 A. Construction documents, precise grading, drainage, electrical, and structural plans are not included.

B. Designing to LEED or SITES standards and/or associated documentation are excluded.

C. Permit processing and entitlement approvals (i.e. site development permit, planned development permit, etc.), not included.

D. Additional submittals not specifically outlined in this scope of work will be considered additional services.

E. Structural engineering and waterproofing services for site structures, walls, etc. are excluded.

F. Environmental documentation is excluded.

G. The creation of existing condition/irrigation as-built plans is excluded.

H. Preparation of operations & maintenance budget is not included.

I. Scope related to the Alvarado House is anticipated to be high-level feasibility. This scope does not include cost construction cost estimates for restoring and moving the Alvarado House or detailed architectural design.

FEE AND PAYMENT SCHEDULE
Fees will be charged for technical work, consultation, and additional services. Charges will be made for typing, as in the preparation of reports, and for time and costs of printing. No direct charges will be made for normal secretarial service, office management, or general accounting; these items are included in overhead.

ADDITIONAL AND HOURLY SERVICES
Hourly Rates
Principal Landscape Architect/President ..................................................................................... $300/hour Principal Landscape Architect/Partner ........................................................................................ $250/hour Principal/Studio Director ............................................................................................................. $225/hour Associate Landscape Architect ..................................................................................................... $175/hour Senior Project Manager/Licensed Landscape Architect/Certified Arborist ................................. $155/hour Project Manager .......................................................................................................................... $140/hour Senior Landscape Designer .......................................................................................................... $125/hour Landscape Designer ..................................................................................................................... $110/hour Clerical/Typist ................................................................................................................................ $85/hour Reimbursable Expenses
Reimbursable expenses such as reproduction printing, delivery service, soils testing, permits, parking, project specific supplies, etc., will be marked up by 10%.

In-house plotting will be charged per square-foot at the following rates: bond $2.00 per square-foot, vellum $3.00 per square-foot, mylar $4.00 per square-foot, and color $5.00 per square-foot. In-house color laser prints will be charged at $.50 for letter size, $.75 for legal size, and $1.00 for ledger size.

Sub-consultants
Expenses for consultants employed by Schmidt Design Group, Inc. will be marked up by 10%.

Mileage
Mileage in the interest of the client will be charged at the current U.S. General Services Administration Privately Owned Vehicle Mileage Reimbursement Rates.

Travel
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6 Time spent in travel in the interest of the client will be charged at hourly rates. A minimum of one hour will be charged for any site visit. No more than eight (8) hours of travel time will be charged in any one day. Subsistence will be charged when it is necessary for personnel to be away from the office overnight.

Thank you for your consideration. We look forward to working with you on this exciting project. I Very truly yours,
____________________________
Glen Schmidt, FASLA
Principal
Schmidt Design Group, Inc.

June 30, 2026
11 July 7, 2026 Item 6

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF DEL MAR AND SCHMIDT DESIGN GROUP

FOR PREPARATION OF THE SHORES PARK MASTER PLAN
This Professional Services Agreement (“Agreement”) is made and entered into this 20th day of October, 2025 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Schmidt Design Group, Inc. (“Consultant”) (collectively “Parties”).

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

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

1. CONSULTING SERVICES.

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

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

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

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for a period of one (1) year beginning on October 20, 2025 and ending on October 19, 2026. The Agreement may be extended for an additional one-year period upon agreement by both Parties.

Such extension, if any, will be evidenced by a written amendment to this Agreement. 12 July 7, 2026 Item 6
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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 at the rates described in the Cost Summary contained in Exhibit “A.” Consultant shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.

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

5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled 13 July 7, 2026 Item 6
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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 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. 14 July 7, 2026 Item 6
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9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.

9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 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 nonpayment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.

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

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

11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing 15 July 7, 2026 Item 6
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coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).

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

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

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

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

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

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

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

11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements 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 Indemnity for Professional Liability. Except for the sole negligence or willful misconduct of City, Consultant shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by City) and indemnify the City, its council and each member thereof, its officers, employees, representatives and their successors and assigns from 16 July 7, 2026 Item 6
Professional Services Agreement
For Shores Park Master Planning Services

and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent, reckless or wrongful acts, errors or omissions of Consultant in the performance of the professional services under this Agreement and those of Consultant's subconsultants or anyone for whom Consultant is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder. Notwithstanding the foregoing, Consultant’s defense obligations shall not exceed its proportionate percentage of fault, except as set forth in section 2782.8 of the Civil Code, as amended by Senate Bill 496.

12.2 Indemnity for Other than Professional Liability. With respect to operations other than the performance of the professional services under this Agreement, 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.

12.3 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.

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

13. SUBCONTRACTORS.

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

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

13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The 17 July 7, 2026 Item 6
Professional Services Agreement
For Shores Park Master Planning Services

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 Schmidt Design Group, Inc.

City Clerk Glen Schmidt
1050 Camino del Mar 1310 Rosecrans Street, Suite G
Del Mar, CA 92014 San Diego, CA 92106
[email protected] [email protected]
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

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

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

Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
18 July 7, 2026 Item 6
Professional Services Agreement
For Shores Park Master Planning Services

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 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.
19 July 7, 2026 Item 6
Professional Services Agreement
For Shores Park Master Planning Services

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

27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, 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]
20 July 7, 2026 Item 6
Professional Services Agreement
For Shores Park Master Planning Services

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

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

SCHMIDT DESIGN GROUP,
a California corporation
By: _______________________
Glen Schmidt, Principal
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
E-SIGNED by Glen Schmidt
on 2025-10-22 18:55:35 PST
E-SIGNED by Sarah Krietor
on 2025-10-24 12:33:37 PST
E-SIGNED by Ashley Jones
on 2025-10-23 17:04:16 PST
E-SIGNED by Leslie Devaney
on 2025-10-24 09:40:12 PST
21 July 7, 2026 Item 6
1310 Rosecrans Street, Suite G San Diego, CA 92106 LIC. CA 2138 | NV 219 | AZ 3419 T 619.236.1462 | F 619.236.8792 SCHMIDTDESIGN.COM
September 24, 2025
Clem Brown | Assistant City Manager
City of Del Mar
1050 Camino del Mar, Del Mar, CA 92014

RE: Landscape Architectural Services for Shores Park Master Planning Dear Clem,

Thank you for the opportunity to provide the following proposal for restarting the design process for Shores Park in Del Mar. The scope of work includes design services for the concept design phase, as defined below.

We have assigned the same talented staff from our previous work prior to suspension of the project back in 2018. The original community outreach and design effort included several phases: Discover, Explore, Envision, and Create. We will re-engage in the “Create” Phase moving directly to alternatives and a final master plan document.

TEAM
• Architecture, OBR
• Civil Engineering, Leppert Engineering
• Electrical Engineering, MPE
SCOPE OF SERVICES – ‘CREATE’ PHASE

Task 1 – Master Plan Alternatives

1. Due Diligence: The design team will review our previous studies, notes, presentations, and community feedback to build on the ideas and goals established during the initial outreach and design phase.

2. Kick-off Meeting: Schmidt Design Group (SDG) and OBR Architecture (OBR) will attend a kick-off meeting with City staff to refine the project goals and objectives. See Meetings, Task 3 below.

3. Park Program: SDG will share an anticipated program list for three (3) alternatives. We anticipate that the 3 alternatives will include the following:

Alt 1 - Joint-use athletic field and dog park
Alt 2 - Separate athletic field and dog park
Alt 3 - Scheme that includes the Alvarado House, likely with a joint use field and dog park.

OBR will provide the anticipated program list for the community building (see OBR scope of work below). We anticipate that park and building program elements will be defined by City staff based on previous studies and Council direction, and will include feasibility evaluation of relocating the Alvarado House to the park site.

4. Loose Draft Master Plan Alternatives: The team will develop a series of three (3) loosely sketched master plan alternatives that reflect the community’s vision and the modified program elements. Each alternative will explore potential program arrangement and 22 July 7, 2026 Item 6
Del Mar Shores Park Master Plan
September 24, 2025
2 preliminary grading strategies. The alternatives will be illustrative in nature, and color rendered. OBR architects will share alternatives for the community building direction in a similarly loose style (see OBR scope of work below). We will share these first alternatives for City staff to confirm the designs meet the project goals.

5. Draft Master Plan Alternatives: Based on review and feedback on the loose alternatives, SDG will prepare three (3) alternatives for the park. The plans will be computer rendered for sharing with the public at large, the Ad Hoc Committee, and City Council.

6. Consultant Reviews: Each alternative will be studied by our consultant team:
• Architect, OBR will review the site design and provide input. • Civil Engineer, Leppert Engineering will prepare conceptual grading, on-site utility plans, and preliminary earthwork calculations.
• Electrical Engineer, MPE will review the existing electrical system and electrical utilities and lighting, assess if they can be salvaged or need to be replaced.

Team feedback and consulting will assist in estimating anticipated construction costs.

7. Precedent Image Boards: Precedent image boards will be prepared. The boards will contain design, program, and material imagery to further reinforce the vision of each master plan alternative.

8. OPTIONAL Simulations of Alternatives: If requested, SDG will provide graphic simulations of each of the three (3) park design alternatives, once it is determined that the plans meet the needs of staff and stakeholders, simulations will be prepared. One (1) 3D visual simulation would be provided for each of the three (3) plan alternatives.

9. Architectural Design: OBR will provide the following alternatives for the community building. Scheme 1 will include addition to, or modernization of, the existing structure.

Scheme 2 will include demolition and replacement with a new structure. • Initial space plans, program spreadsheets, inspiration imagery and preliminary floor plans and preliminary elevations to assist the Ad hoc Committee and Council select one scheme to move forward.
• As deemed appropriate by City staff, OBR will meet with the building user group to understand their current and future needs.

10. Estimate of Probable Cost: A rough order of magnitude construction cost estimate will be provided for each park and building alternative.

Task 2 – Final Master Plan

1. Final Master Plan: We anticipate that the City will provide direction for the preferred park master plan that may include a recommendation to move forward with one alternative, or with a final alternative that uses a combination of features. The plan will be illustrative in nature, computer rendered, and will include park amenities, site furnishings, lighting, a conceptual plant palette, and a design statement.

2. Consultant Reviews: The final Master Plan will be studied by our consultant team:
• Architect, OBR will review the site design and provide input. • Civil Engineer, Leppert Engineering will prepare conceptual grading, on-site utility plans, and preliminary earthwork calculations.
23 July 7, 2026 Item 6
Del Mar Shores Park Master Plan
September 24, 2025
3 • Electrical Engineer, MPE will coordinate locations of new proposed electrical with new building layout, estimate service size and location of new gear, provide park lighting locations, with specifications that meet the City lighting ordinance and meet the required footcandles to the IES standard light levels.

Team feedback and consulting will assist in estimating anticipated construction costs.

3. Precedent Image Boards: Precedent image boards will be prepared for the final master plan. The boards will contain design, program, and material imagery which further reinforce the vision of the master plan.

4. Simulations: A 3D visual simulation will be prepared for the Final Master Plan. This graphic will be an invaluable tool to depict the alternatives from a variety of angles and clearly illustrate the composition and character of the spaces being proposed. The simulation will be in a high-resolution format and suitable for use by the City in press releases and promotional materials.

5. Architectural Design: We anticipate that the City will select one scheme to move forward.

Based on the feedback received, OBR will further progress the selected scheme to include more detailed floor plans, exterior 3D renderings, and colored elevations.

6. Estimate of Probable Cost: The rough order of magnitude construction cost estimate will be provided for the park and building improvements.

7. Final Master Plan Submittal: Based on City feedback, the design team will provide one round of minor revisions to the final illustrative site plan.

8. OPTIONAL Phasing Strategy: If requested, the design team will develop a phasing strategy for the park improvements and building based on the City and Community’s prioritization of the park program.

9. OPTIONAL Final Master Plan Report: If requested, we will prepare an illustrative report will be prepared. This document will articulate the robust community engagement process, document the master plan alternatives, and the final master plan and supporting exhibits.

Task 3 – Meetings
Meetings are anticipated as follows, and as noted above.

1. Stakeholder Meeting (total of 1): As deemed appropriate by City staff, SDG & OBR will meet with the community building user group to understand their current and future needs.

2. Ad Hoc Committee Presentations (total of 2): The design team will meet with the Ad Hoc Committee at key points during the design process. A PowerPoint presentation will be prepared to illustrate the design process and final solutions.

3. City Council Presentations (total of 2): The design team will meet with City Council to present the draft alternatives and final master plan. A PowerPoint presentation will be prepared to illustrate the design process and final solutions. 24 July 7, 2026 Item 6
Del Mar Shores Park Master Plan
September 24, 2025
4 4. City Staff Meetings (total of 12): We will meet with City staff for 12 in person and remote meetings during the course of the anticipated work.

5. OPTIONAL Meetings: If requested, we will be available to prepare & participate in additional meetings/presentations. We included an hourly time & materials allowance not to exceed $5,000 for additional meetings.

COST SUMMARY
Task 1 - Master Plan Alternatives (Lump Sum)
SDG $23,000.00
Architect (OBR) $17,050.00
Civil (Leppert) $18,590.00
Electrical (MPE) $6,270.00
Total $64,910.00
Task 2 – Final Master Plan (Lump Sum)
SDG $29,000.00
Architect (OBR) $26,950.00
Civil (Leppert) $4,565.00
Electrical (MPE) $4,180.00
Total $64,695.00
Task 3 – Meetings (Hourly T&M)
SDG $13,500.00
Architect (OBR) $5,500.00
Total $19,000.00
Reimbursable Expenses (Allowance) $1,000.00
TOTAL $149,605.00

OPTIONAL TASK COST SUMMARY
Optional 3D Illustrations During Task 1 (3 Alternatives) (LS) $7,000.00 Optional Phasing Strategy (Lump Sum) $4,200.00
Optional Final Master Plan Report (Lump Sum) $5,600.00
Optional Additional Meetings (Hourly T&M) $5,000.00

PROJECT ASSUMPTIONS AND EXCLUSIONS
This proposal has been prepared with the following assumptions and exclusions:

A. Construction documents, precise grading, drainage, electrical, and structural plans are not included.

B. Designing to LEED or SITES standards and/or associated documentation are excluded.

C. Permit processing and entitlement approvals (i.e. site development permit, planned development permit, etc.), not included.

D. Additional submittals not specifically outlined in this scope of work will be considered additional services.

E. Structural engineering and waterproofing services for site structures, walls, etc. are excluded.

F. Environmental documentation is excluded.

G. The creation of existing condition/irrigation as-built plans is excluded.

H. Preparation of operations & maintenance budget is not included. 25 July 7, 2026 Item 6
Del Mar Shores Park Master Plan
September 24, 2025
5 I. Scope related to the Alvarado House is anticipated to be high-level feasibility. This scope does not include cost construction cost estimates for restoring and moving the Alvarado House or detailed architectural design.

FEE AND PAYMENT SCHEDULE
Fees will be charged for technical work, consultation, and additional services. Charges will be made for typing, as in the preparation of reports, and for time and costs of printing. No direct charges will be made for normal secretarial service, office management, or general accounting; these items are included in overhead.

ADDITIONAL AND HOURLY SERVICES
Hourly Rates
Principal Landscape Architect/President ............................................................................................... $300/hour Principal Landscape Architect/Partner .................................................................................................... $250/hour Principal/Studio Director ............................................................................................................................. $225/hour Associate Landscape Architect .................................................................................................................. $175/hour Senior Project Manager/Licensed Landscape Architect/Certified Arborist ................................. $155/hour Project Manager .............................................................................................................................................. $140/hour Senior Landscape Designer ........................................................................................................................... $125/hour Landscape Designer ........................................................................................................................................ $110/hour Clerical/Typist ................................................................................................................................................... $85/hour

Reimbursable Expenses
Reimbursable expenses such as reproduction printing, delivery service, soils testing, permits, parking, project specific supplies, etc., will be marked up by 10%.

In-house plotting will be charged per square-foot at the following rates: bond $2.00 per square-foot, vellum $3.00 per square-foot, mylar $4.00 per square-foot, and color $5.00 per square-foot. In-house color laser prints will be charged at $.50 for letter size, $.75 for legal size, and $1.00 for ledger size.

Sub-consultants
Expenses for consultants employed by Schmidt Design Group, Inc. will be marked up by 10%.

Mileage
Mileage in the interest of the client will be charged at the current U.S. General Services Administration Privately Owned Vehicle Mileage Reimbursement Rates.

Travel
Time spent in travel in the interest of the client will be charged at hourly rates. A minimum of one hour will be charged for any site visit. No more than eight (8) hours of travel time will be charged in any one day. Subsistence will be charged when it is necessary for personnel to be away from the office overnight.

Thank you for your consideration. We look forward to working with you on this exciting project. I Very truly yours,
____________________________
Glen Schmidt, FASLA
Principal
Schmidt Design Group, Inc.

September 24, 2025
26 July 7, 2026 Item 6
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Martin Boyd, Principal Engineer
Polly Robertson, Management Analyst
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: July 7, 2026
SUBJECT: Task Order Amendment with Ardurra and Project Contingency Increase for the Jimmy Durante Boulevard Bluff Stabilization Project
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve a $38,100 Task Order Amendment (Attachment A) with Ardurra for extended construction management and inspection services; 2) Approve a five-percent (5%) increase ($38,610) to the project contingency; 3) Authorize the City Manager to execute the Task Order Amendment and any subsequent amendments or contract Change Orders within the updated project contingency necessary to complete the work; and 4) Authorize the carryover of unspent FY 2025-2026 project budget to FY 2026- 2027.

BACKGROUND:

On April 21, 2019, a significant bluff failure occurred between Jimmy Durante Boulevard (JDB) and 1970 Seaview Avenue resulting in earthen debris covering the eastern sidewalk and roadway. The City Council approved an emergency response contract, which resulted in stabilizing the bluff and the construction of a temporary retaining structure with 50-foot steel beams and timber lagging to prevent future failures. After the temporary retaining structure was complete, JDB re-opened on May 29, 2019.

Since then, the private property located just above the failure at 1970 Seaview Avenue has been redeveloped and regraded, incorporating a series of retaining walls and landscaping that resulted in less earthen loading on the City property below. The City’s consultants subsequently performed survey mapping of the new topographic conditions and a geotechnical stability analysis of the City property and the three upslope adjacent properties to the west located at 1956, 1970, and 1974 Seaview Avenue.

Results of the geotechnical stability analysis determined that the existing retaining structure provides adequate stability factors of safety for the City property west of 1974 and 1970 1 July 7, 2026 Item 7
City Council Agenda Report
Task Order Amendment and Project Contingency Increase for JDB Bluff Stabilization Project July 7, 2026

Seaview Avenue and should be extended 45 feet to the south to proactively provide an adequate stability factor for the City property west of 1956 Seaview Avenue.

In August 2024, the City Council authorized staff to proceed with engineering design, landscape architecture, bid packet preparation, and environment permitting for the JDB Bluff Stabilization Project (Project). On November 17, 2025, City Council awarded a construction contract to New Century Construction, Inc. for the JDB Bluff Stabilization Project for $772,192, a task order to Ardurra for $81,960 to provide construction management and inspection services, other related task orders, and authorized $77,219 in project contingency. The Project includes the extension of a retaining structure on a steep slope adjoining JDB north of Camino del Mar and re-construction of drainage facilities along JDB.

As the Project progressed, it was discovered that the existing San Diego Gas and Electric (SDG&E) high-capacity power lines would be in close proximity to the construction contractor’s heavy equipment. In order to mitigate this safety issue, the City coordinated with SDG&E on an overhead outage. However, SDG&E subsequently required the power lines to be temporarily undergrounded, which was not anticipated by the City. On April 7, 2026, the City Council approved payment to SDG&E to perform their respective work associated with the outage to ensure the project complies with Occupational Safety and Health Administration (OSHA) requirements.

DISCUSSION/ANALYSIS:

Construction of the Project has been ongoing since January 2026, and has encountered numerous challenges, including utility coordination requirements and challenging field conditions, which has now extended the schedule from May to September 2026.

Separate from the schedule impacts associated with the SDG&E temporary power line relocation, the schedule extension is also attributable to the requirement that the contractor suspend road closures and related construction activities on JDB during the San Diego County Fair operating days (Wednesdays – Sundays) and on Fridays during the upcoming Del Mar Thoroughbred Club horse racing season.

The initial phase of construction has been completed and included reconstructed five storm drain inlets along JDB. The contractor is currently constructing a temporary access road to facilitate extension of the retaining structure. Completion of the retaining structure is currently targeted for early August. However, remaining project elements, including landscaping and irrigation improvements, will continue beyond that milestone.

The extended construction schedule will require additional construction management and inspection services from Ardurra to support successful project delivery through completion.

Furthermore, during SDG&E's utility relocation and rerouting activities, Ardurra participated in several on-site coordination meetings and provided additional construction inspection services to verify that the work was performed in accordance with SDG&E requirements and approved plans.
2 July 7, 2026 Item 7
City Council Agenda Report
Task Order Amendment and Project Contingency Increase for JDB Bluff Stabilization Project July 7, 2026

To account for the additional work required of Ardurra on this Project, staff recommends that the City Council approve the $38,100 Task Order Amendment with Ardurra (Attachment A) and an additional five-percent (5%) overall project contingency in the amount of $38,610. The project is currently at 78% contingency utilization, primarily due to work required of the City’s contractor for SDG&E’s rerouting activities. The additional contingency will provide flexibility to efficiently address unforeseen conditions and complete the Project. The requested contingency increase is conservative, and the full amount may not necessarily be required.

FISCAL IMPACT:

If approved, the fiscal impact of Council’s authorization of the recommended action will result in up to an additional $76,710 in Project expenditures. Sufficient funds for the identified work are available in the adopted Fiscal Year 2025-2026 Capital Budget and will be carried over to FY 2026-2027. Any unspent budget for the Project will be returned to the general fund at Project close out.

ENVIRONMENTAL IMPACT:

The project is exempt from the California Environmental Quality Act (CEQA). CEQA Guideline Section 15301(d)-Class 1 (Existing Facilities) exempts projects involving the “operation, repair, maintenance...or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” Examples include existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; and restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety.

Section 15304(b)-Class 4 (Minor Alterations to Land), also applies as the areas disturbed by the proposed improvements would be restored with hydroseed to minimize erosion and planted with a variety of drought-tolerant landscaping. This project proposes extending the existing wall approximately 45 feet to the south, utilizing a similar soldier pile wall configuration and would require minor grading along the slope to accommodate the wall extension as proposed. After the wall extension is constructed, drought-tolerant native species would be installed as landscaping along the slope below the wall to reduce visibility of the wall and to visually blend the improvements into the existing setting. None of the exceptions listed under CEQA Guidelines §15300.2 apply to the project and no unusual circumstances are present that could lead to a significant environmental effect.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

The Jimmy Durante Boulevard Bluff Stabilization Project is a Tier 1 City Council priority project for FY 2026-2027.

ATTACHMENTS:

Attachment A – Task Order Amendment with Ardurra for Construction Management and Inspection Services
3 July 7, 2026 Item 7
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us July 7, 2026
Ardurra Group, Inc. SENT VIA EMAIL
Attn: Scott Adamson, PE, QSD/P
9665 Chesapeake Drive, Suite 230
San Diego, CA 92123
RE: TASK ORDER AMENDMENT & NOTICE TO PROCEED FOR CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES FOR THE JIMMY DURANTE BOULEVARD BLUFF STABILIZATION

PROJECT
The City previously issued a Task Order (TO) with Ardurra on November 17, 2025, for construction management and inspection services for the Jimmy Durante Boulevard Bluff Stabilization Project. This TO amendment and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and Ardurra (Consultant), the term for which is October 21, 2024 to October 21, 2027.

Consultant shall execute tasks related to the Jimmy Durante Boulevard Bluff Stabilization Project as described in the Consultant’s proposal included as Exhibit A to this Task Order. The project cost for this Task Order Amendment shall not exceed $38,100. The project schedule shall commence upon execution of this Task Order/Notice to Proceed, and shall be completed by September 30, 2026, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.

The primary contact for this Task Order and invoicing is Martin Boyd, Principal Engineer, who can be reached at [email protected] and 858-375-9531. Please sign and return a copy of this Task Order electronically through OneSpan, the City’s electronic document routing program. Please contact Senior Management Analyst Kseniia Izgarskaia at [email protected] or (858) 375-9560 with any questions about executing this Task Order Amendment.

Approved by: Accepted by:

City of Del Mar Ardurra Group, Inc.
_____________________________________ _______________________________________ Ashley Jones Date Scott Adamson Date
City Manager PE, QSD/P
cc: Joe Bride, Public Works Director
Martin Boyd, Principal Engineer
Polly Robertson, Management Analyst
Exhibit A: Ardurra Services Scope of Work
ATTACHMENT A 4 July 7, 2026 Item 7

EXHIBIT A
ATTACHMENT A 5 July 7, 2026 Item 7
ATTACHMENT A 6 July 7, 2026 Item 7
ATTACHMENT A 7 July 7, 2026 Item 7
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Martin Boyd, Principal Engineer
Polly Robertson, Management Analyst
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: July 7, 2026
SUBJECT: Approval of Pump Repairs at the 21st Street Wastewater Pump Station REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve $90,000 in pump repairs at the 21st Street Wastewater Pump Station; and 2) Authorize the City Manager to direct San Elijo Joint Powers Authority (SEJPA) to proceed with the pump repairs.

BACKGROUND:

The 21st Street wastewater pump station is a critical component of the City’s wastewater infrastructure system that collects and moves wastewater to various downstream treatment facilities. The City operates two wastewater pump stations: San Dieguito Drive pump station and 21st Street pump station. These pump stations use powerful pumps to transport wastewater from lower to higher elevations through a pressurized system to the San Elijo Joint Powers Authority (SEJPA) treatment facility in the City of Encinitas.

During FY 2024-2025, the City pumped approximately 140 million gallons of wastewater from residential, commercial, and public facilities to SEJPA for treatment and disposal.

These pump stations play a significant role in maintaining the City’s infrastructure by transporting wastewater efficiently to treatment facilities and preventing wastewater backups and sanitary sewer overflows.

The 21st Street pump station was originally constructed in the early 1970s and was subsequently replaced in 2012. The pump station is equipped with three centrifugal pumps, including two active pumps and one standby pump as a backup.

DISCUSSION/ANALYSIS:

As part of the 21st Street pump station’s planned maintenance and equipment upgrades, $20,000 was allocated in the FY 2026-2027 Operating Budget to replace the mechanical seals on Pump No. 2. However, after removing Pump No. 2 from service for evaluation, 1 July 7, 2026 Item 8
City Council Agenda Report
Approval of Pump Repairs at the 21st Street Wastewater Pump Station July 7, 2026

it was determined that the pump was in a worse condition than originally anticipated. The evaluation found significant wear on the adapter plate that has progressed to the point of creating grooves on the plate surface that will likely migrate to the shoulder area. The continued deterioration is likely to result in leakage, misalignment, and reduced reliability.

Due to the extent of the deterioration, a comprehensive re-build of Pump No. 2 is required.

The rebuild is expected to extend the pump’s useful service life by approximately 10 years. The work will be facilitated by SEJPA in accordance with the Memorandum of Understanding (MOU) dated November 4, 2019. Per Exhibit B of the MOU, SEJPA will assist with planning, design, bidding, and construction of small-scale CIP projects. The SEJPA will contract with Superior Electric, an authorized vendor, for the rebuild of Pump No. 2. Once the work is complete, SEJPA will invoice the City for the costs of labor and materials associated with the work.

The rebuild of Pump No. 2 is estimated to cost $90,000. The table below summarizes the work required for the rebuild, including the associated parts and service. Alternatively, it would cost the City $125,000 to $150,000 to install a brand-new pump with a six-month lead time, compared to one to two months with a rebuild. SEJPA recommends a rebuild of Pump No. 2 as it would be the most cost-effective solution to restoring this pumping unit and significantly reducing the time with a pumping unit out of service.

Table 1- Parts and Service Costs
Parts / Service Cost
Mechanical Seal (AES Seal) - Specialty Seals &
Accessories
$ 4,171
Rebuild - Superior Electric Motor
Shop Work, Machining
Dynamically Balance Impeller
Install SEJPA-furnished wear rings, volute, and
mechanical seals
Furnish/Install front head, manufactured-adapter plate, thrust bearings, gaskets and sleeve.

Sandblast/coat
Re-assemble and adjust
$ 77,211
Driveshaft balancing (Estimated) $ 2,500
SEJPA Labor $ 2,250
Contingency $ 3,500
Total $ 89,632
The $20,000 included for pump maintenance in the annual operation and maintenance contract with SEJPA will be preserved for future unanticipated pump maintenance or removed from the quarterly billing if it is not needed. 2 July 7, 2026 Item 8
City Council Agenda Report
Approval of Pump Repairs at the 21st Street Wastewater Pump Station July 7, 2026

FISCAL IMPACT:

If approved, the fiscal impact of the recommended action is $89,632. Sufficient funds for the identified work are available in the adopted Fiscal Year 2026-2027 Wastewater Infrastructure Improvements Capital Budget, so no additional fiscal action by the City Council is required.

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15301(b)(Class 1 – Existing Facilities), in that the Project proposes the rebuild of an existing wastewater pump which is considered repair of existing mechanical equipment with no expansion as the equipment is located inside an existing Wastewater Pump Station. Further, it has been determined that none of the six exceptions to the use of a Categorical Exemption are applicable because the project will not generate any significant environmental impacts. (See: Guidelines Section 15300.2). 3 July 7, 2026 Item 8
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Kaitlyn Elliott-Norgrove, Special Projects and Programs Manager Nestor Machado, Associate Management Analyst
Via Ashley Jones, City Manager
DATE: July 7, 2026
SUBJECT: Required Actions to Secure Federal Funding for the San Dieguito Lagoon Shoreline Protection Project
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Authorize staff to submit the necessary application and take any additional administrative actions as may be necessary to receive $1,031,000 in federal funds that were appropriated in the FY 2026 Federal Budget specifically for the City’s San Dieguito Lagoon Shoreline Protection Project (Project) from the National Oceanic and Atmospheric Administration (NOAA); and 2) Authorize the City Manager to sign the necessary documents.

BACKGROUND/DISCUSSION:

The San Dieguito Lagoon Levee, Habitat Enhancement, and Trail Project, herein referred to as the San Dieguito Lagoon Shoreline Protection Project (Project), is a City Council work plan priority for Fiscal Years (FY) 2025-2026 and 2026-2027. The Project will make shoreline protection improvements along the San Dieguito Lagoon consistent with the City’s 2018 Sea Level Rise Adaptation Plan and is being implemented in partnership with the San Dieguito River Park Joint Powers Authority (JPA).

In early 2025, the City worked with Congressman Mike Levin’s office to submit a request for direct FY 2026-2027 Federal community project funding, which resulted in $1,031,000 being appropriated in the FY 2026 Federal budget for the Project. In order to receive this allocation, the City is required to submit application materials to NOAA.

Submittal of the required funding application will officially commit these funds to the City of Del Mar and is a standard practice for local agencies to receive direct funding from the Federal government. The application is due to NOAA no later than September 9, 2026. 1 July 7, 2026 Item 9
City Council Agenda Report
Required Actions for NOAA Funding
July 7, 2026

FISCAL IMPACT:

The fiscal impact of the recommended action will secure $1,031,000 in Federal funds through NOAA for the City of Del Mar’s Project, which has been included in the adopted budget for FY 2026-27. No additional fiscal action is required by the City Council related to this agenda item.

ENVIRONMENTAL IMPACT:

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

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Implementation of the Project is a Tier II City Council priority work plan item for Fiscal Years 2025-2026 and 2026-2027.
2 July 7, 2026 Item 9
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Bret Davidson, Fire Chief
Kseniia Izgarskaia, Senior Management Analyst
Sarah Krietor, Administrative Services Manager
Ashley Jones, City Manager
DATE: July 7, 2026
SUBJECT: Fire Department Position Reclassification
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (Attachment A) reclassifying a Battalion Chief position to a Management Analyst series position in the Fire Department and authorizing filling the position up to the Associate Management Analyst level.

BACKGROUND:

In June 2025, the Encinitas City Council voted to exit the Cooperative Fire Management Services Agreement (COOP) for shared fire management services with the cities of Del Mar and Solana Beach (Cities), effective March 31, 2026. Since January 2026, the Cities have partnered to transition fire management services under an Interim Cost Sharing Agreement while a permanent cost sharing arrangement is evaluated for presentation to City Council in August or September.

On April 21, 2026, the City Council approved a preliminary joint Fire Management organizational structure, consisting of seven positions: Fire Chief, Fire Marshal, two Battalion Chiefs, two Fire Prevention Specialists, and one Management Analyst. The Management Analyst will provide administrative and analytical support to Fire Management staff related to budgeting, contracting, grant management, community outreach and education, agenda report preparation, scheduling, and other operational support needs. The Solana Beach City Council received a similar presentation on May 27, 2026.

Under the joint Fire Management structure, staff positions will be divided between the Cities with the associated costs shared between the two agencies. As such, on April 21, 2026, the Del Mar City Council approved Resolution 2026-28 authorizing the addition of a Fire Marshal, Fire Prevention Specialist, and up to one Battalion Chief, contingent on the outcome of an upcoming promotional recruitment. Based on the results of that recruitment, both Battalion Chief positions were filled by Solana Beach.

DISCUSSION/ANALYSIS:

Of the seven approved Fire Management positions, three were to be hired by the City of Del Mar and four were approved to be hired by the City of Solana Beach. Based on the outcome of the recent Battalion Chief recruitment, and hiring of both Battalion Chief’s by the City of 1 July 7, 2026 Item 10
City Council Agenda Report
Fire Department Position Reclassification
July 7, 2026

Solana Beach, the City of Del Mar is proposing to instead hire the approved fire management analyst position. This will have no net fiscal impact on either City, and will maintain a balance of fire management staff directly employed by each agency.

The City Council previously approved the hiring of up to one Battalion Chief by Resolution 2026-28, which did not happen based on the recruitment results. As such, it is recommended to reclassify the authorized position from Battalion Chief to Management Analyst in order to facilitate the hiring of this position by the City of Del Mar instead of Solana Beach.

The recommended action does not change the total number of positions in the joint Fire Management structure and does not change the total estimated cost, which will be shared by the Cities. Instead, the recommended reclassification simply authorizes the City to fill one existing position (Battalion Chief) with a different classification (Management Analyst).

The Management Analyst classification is an umbrella term for a multi-level classification series that includes the Assistant Management Analyst, Management Analyst, Associate Management Analyst, and Senior Management Analyst levels. The proposed Resolution authorizes filling the position up to the Associate level to broaden the applicant pool and allow flexibility to fill the position at a level that meets the department’s operational needs based on the successful candidate’s experience and qualifications.

If approved, the City will conduct an open recruitment process, and it is anticipated that the position will be filled by September 2026.

FISCAL IMPACT:

There is no fiscal action to be taken by the City Council related to this agenda item. While there is no change to the estimated total cost of the Fire Management structure resulting from this action, a future budget adjustment will be needed to reduce the direct employee compensation costs line item and increase the reimbursement cost to the Solana Beach line item. The adjustment will be included in the Fiscal Year 2026-2027 Operating and Capital Budget mid-year report.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

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

ATTACHMENTS:

Attachment A – Resolution reclassifying the Battalion Chief to a Management Analyst (series) 2 July 7, 2026 Item 10
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL

MAR, CALIFORNIA, AUTHORIZING THE RECLASSIFICATION OF

THE BATTALION CHIEF POSITION TO A MANAGEMENT

ANALYST SERIES POSITION
WHEREAS, on January 20, 2026, the City Council approved an Interim Cost Sharing Agreement with the City of Solana Beach for Fire Management Transition Services, which included several shared staff positions assisting both agencies with preparing for a transition away from shared services with the City of Encinitas and development of a recommended fire management structure for shared management services; and
WHEREAS, on April 21, 2026, City Council approved a preliminary joint Fire Management organizational structure, consisting of seven positions: Fire Chief, Fire Marshal, two Battalion Chiefs, two Fire Prevention Specialists, and one Management Analyst; and
WHEREAS, on April 21, 2026, the City Council approved Resolution 2026-28 authorizing the addition of Fire Marshal, a Fire Prevention Specialist, and up to one Battalion Chief to the City of Del Mar, contingent on the outcome of an upcoming promotional recruitment; and
WHEREAS, based on the promotional recruitment results, the Battalion Chief position was not filled by the City of Del Mar; and
WHEREAS, to ensure the cities maintain a balanced approach to direct hiring of fire management staff, the City Council desires to reclassify the previously approved Battalion Chief position to a multi-level Management Analyst series position supporting the Fire Department; and
WHEREAS, the Management Analyst series position is a current position on the existing Management, Professional and Confidential Employees group salary schedule; therefore, no compensation plan amendment is necessary.

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

1. The above recitals are true and correct.

2. One full-time Battalion Chief position in the Fire Department is hereby unfunded.

3. One full-time multi-level Management Analyst series position in the Fire Department is hereby authorized and funded.

4. The Management Analyst series position is authorized to be filled up to the Associate Management Analyst level.
3 July 7, 2026 Item 10
Resolution No. 2026-XX

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Regular Meeting held the 7th of July 2026. _____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Christina Cameron, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2026-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 7th day of July, 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
4 July 7, 2026 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Bret Davidson, Fire Chief
Kseniia Izgarskaia, Senior Management Analyst
Sarah Krietor, Administrative Services Manager
Ashley Jones, City Manager
DATE: July 7, 2026
SUBJECT: Authorization to Purchase Fire Station Alerting System REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Approve an Agreement (Attachment A) with US Digital Design by Honeywell International, Inc. for the purchase and installation of a new Fire Station Alerting System in the total amount not to exceed $80,805; and 2) Authorize the City Manager to execute the Agreement and other necessary purchasing documents.

BACKGROUND:

During calls for emergency response, the Del Mar Fire Department receives dispatch calls through the North County Dispatch Joint Powers Authority (NCDJPA). In addition to the radios carried by fire personnel, the Del Mar fire station is equipped with an alerting system that notifies staff of emergency dispatch calls by using tones, lights, and voice announcements, so crews can respond immediately. The system serves as the critical communication between dispatch services and on-duty emergency personnel.

The current fire station alerting system was installed in the 1990’s and is reaching its end-oflife cycle. The current system is no longer manufactured and cannot be supported and serviced as designed due to compatible replacement parts no longer being available.

Recently, the system experienced a failure that required a temporary repair to restore functionality. Given the system’s end-of-life status and increasing risk of failure, replacement is necessary to ensure reliable emergency dispatch communications and operational continuity. To address this critical need, funding for the replacement was included in the Fiscal Year 2026-2027 Budget Update approved by City Council on June 16, 2026.

DISCUSSION/ANALYSIS:

NCDJPA uses the main US Digital Design by Honeywell International, Inc. (US Digital) alerting hub in its dispatch center. NCDJPA has reported positive experience on reliability and function of the system and has made strong recommendations to participating agencies to transition away from obsolete alerting equipment in order to maintain reliable emergency response and operations.
1 July 7, 2026 Item 11
City Council Agenda Report
Fire Station Alerting System Purchase
July 7, 2026

Many of the North Zone fire agencies have been working on switching over their internal alerting equipment, with some agencies switching to US Digital to be consistent with NCDJPA. The Solana Beach fire station also installed a new alerting system by US Digital in March 2026. Therefore, staff recommends contracting with US Digital for the purchase and installation of a new station alerting system because this equipment is uniquely suited for easy integration with NCDJPA’s existing dispatch infrastructure.

In accordance with the Del Mar Municipal Code (DMMC) Section 7.04.090(B), an exemption from bidding may be applied for goods and/or services that can be reasonably obtained from only a single source. Additionally, DMMC Section 7.04.090(D) allows an exemption from bidding when items are required to match or be compatible with other goods, furnishings, materials or equipment. Utilizing a different vendor could create compatibility issues with NCDJPA’s equipment, increased maintenance complexity, and potential interruptions in emergency dispatch communications. Continuity and interoperability with the regional dispatch network are essential for life-safety operations.

FISCAL IMPACT:

The fiscal impact of the recommended action is $80,805, which is available in the adopted Fiscal Year 2026-27 Operating and Capital Budget. No additional fiscal action by the Council is required.

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:

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

ATTACHMENTS:

Attachment A – Agreement with US Digital Design by Honeywell International, Inc. 2 July 7, 2026 Item 11

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF DEL MAR AND US DIGITAL DESIGNS BY HONEYWELL INTERNATIONAL, INC.

FOR INSTALLATION OF A NEW FIRE STATION ALTERING SYSTEM
This Professional Services Agreement (“Agreement”) is made and entered into this 7 th day
of July 2026, by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and US Digital Designs by Honeywell International, Inc. (“Consultant”) (collectively “Parties”).

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

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

1. CONSULTING SERVICES.

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

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

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

2. DURATION OF AGREEMENT.

2.1 Term, Time for Performance. This Agreement shall be effective for a period beginning on July 7, 2026, and ending on December 7, 2026. Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
3 July 7, 2026 Item 11
Professional Services Agreement
For Station Alerting System Installation

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

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

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

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

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

4. COMPENSATION.

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

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

5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, 4 July 7, 2026 Item 11
Professional Services Agreement
For Station Alerting System Installation

Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.

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

7. AUDIT OF RECORDS.

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

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

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

9. CONFLICTS OF INTEREST.

9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City. 5 July 7, 2026 Item 11
Professional Services Agreement
For Station Alerting System Installation

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

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

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

11. INSURANCE

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

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

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

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

11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing 6 July 7, 2026 Item 11
Professional Services Agreement
For Station Alerting System Installation

coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).

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

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

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

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

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

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

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

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

12. DEFENSE AND INDEMNIFICATION.

12.1 Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services 7 July 7, 2026 Item 11
Professional Services Agreement
For Station Alerting System Installation

under this Agreement. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.

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

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

13. SUBCONTRACTORS.

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

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

The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.

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

14. NON-DISCRIMINATION. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, 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 8 July 7, 2026 Item 11
Professional Services Agreement
For Station Alerting System Installation

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 US Digital Designs by Honeywell, Inc.

City Clerk Susheel Tenguria
1050 Camino del Mar 1150 W. Grove Parkway, Suite 110
Del Mar, CA 92014 Tempe, AZ 85283
[email protected] [email protected]
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.

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

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

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

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

To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior 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 9 July 7, 2026 Item 11
Professional Services Agreement
For Station Alerting System Installation

may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.

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

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

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

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

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

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

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

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

27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, 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.
10 July 7, 2026 Item 11
Professional Services Agreement
For Station Alerting System Installation

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

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

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

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

US DIGITAL DESIGNS BY HONEYWELL,
INC
By: ________________________________
Susheel Tenguria, General Manager

ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Christina Cameron, City Attorney
11 July 7, 2026 Item 11
US DIGITAL DESIGNS Date: 3/23/2026
by Honeywell Expires: 6/21/2026
Proposal: CA_DMFD001 v2
Quote Submitted To:

Del Mar, CA
Del Mar Fire Department
STATION 01
USDD Design Referenced:

USDD.CA_DMFD.FS01.FSA.2026.03.12

STATION SYSTEM LICENSES
Part No. Description Quantity US List Unit Unit Price Extended Price G2-VA G2 VoiceAlert - Single Station License 1 $ 1,504.91 $ 1,354.42 $ 1,354.42 G2-APP-DLA G2 Mobile FSAS App 24 $ 15.00 $ 13.50 No Charge

STATION SYSTEM CONTROLLER
Part No. Description Quantity US List Unit Unit Price Extended Price ATX G2 ATX Station Controller 1 $ 24,203.40 $ 21,783.06 $ 21,783.06 UPS-STD ATX UPS, Standard 1 $ 1,048.17 $ 943.35 $ 943.35 UPS-WMB Wall-Mount for UPS (Shelf/Bracket) 1 $ 79.57 $ 71.61 $ 71.61

STATION SYSTEM PERIPHERAL COMPONENTS
Part No. Description Quantity US List Unit Unit Price Extended Price AMP-70V Audio Amplifier 1 $ 1,287.66 $ 1,158.89 $ 1,158.89 AMP-S Audio Amplifier Shelf 1 $ 95.76 $ 86.18 $ 86.18
PB-B Push Button, Standard (Black) 2 $ 132.83 $ 119.55 $ 239.10 PB-R Push Button, Emergency (Red) 2 $ 132.83 $ 119.55 $ 239.10 SPK-LED-FM G2 Speaker - LED Illuminated, Flush Mount 14 $ 392.70 $ 353.43 $ 4,948.02 SPK-OAS G2 Speaker - OmniAlertStrobe 1 $ 1,653.75 $ 1,488.38 $ 1,488.38 SPK-W-SM Speaker - Weatherized, Surface Mount 2 $ 392.44 $ 353.20 $ 706.40

STATION SYSTEM SERVICES
Part No. Description Quantity US List Unit Unit Price Extended Price ST-INST Station Installation by Valiant Technologies 1 $ 39,240.96 $ 39,240.96 $ 39,240.96 ST-SU Station Configuration & Commissioning 1 $ 3,025.00 $ 2,722.50 $ 2,722.50 ST-PM Station Project Management 1 $ 1,650.00 $ 1,485.00 $ 1,485.00 ST-ES Station Engineering & Design Services 1 $ 825.00 $ 742.50 $ 742.50 FREIGHTCHARGES Shipping 1 $ 706.00 $ 706.00 $ 706.00
PROPRIETARY and CONFIDENTIAL FS01 Page 2 of 9
12 July 7, 2026 Item 11

STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT Part No. Description Quantity US List Unit Unit Price Extended Price RS-1YR-STD
[STANDARD] 1st Year Warranty & Support - Included with Initial Purchase
Technical phone support Monday through Friday from 08:00 to 17:30 MST, excluding USDD holidays;
Remote access support Monday through Friday from 08:00 to 17:30 MST, excluding USDD holidays;

1.0 $ 3,668.72 $ 3,301.85 No Charge
STATION 01
Equipment Only: $ 33,018.51
System: $ 77,209.47
Shipping: $ 706.00
Service & Support: $ -
Estimated Tax: $ 2,889.12
Station Subtotal: $ 80,804.59
Warranty & Support Notes:

Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement. USDD cannot warrant nor support any system configuration that deviates from this specific proposal's documented station system design file number. USDD cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannot warrant nor support any system not installed by G2 Trained & Certified Installation technician (installer). If customer intends to tie this system into any 3rdparty system or devices, USDD will be unable to warrant or support the system until we've had a chance to review documented engineering assumptions and approve system integrity, performance and reliability expectations.

Station System Installation Notes:
01 - Unless specifically detailed in this proposal, no installation by USDD or it's subcontractors is assumed or provided. 02 - Because these are mission-critical systems, USDD can only warrant and support systems installed by G2 Trained and Certified Contractors. 03 - USDD can source, qualify, train and certify Local Licensed Regional Subcontractors where needed. 04 - Installation warranted by installation contractor - G2 FSAS warranted, serviced and supported by USDD. 05 - Unless specifically detailed in this proposal, installation to be performed during normal working hours. 06 - Unless specifically detailed in this proposal, no permit fees or material charges have been included. 07 - Unless specifically detailed in this proposal, no removal or remediation has been assumed or included. 08 - Unless specifically detailed in this proposal, no bonds of any type (performance, bid) have been assumed, included or budgeted for in this proposal. 09 - USDD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival. 10 - Structural backing for system devices and other millwork (not specifically detailed) by others. 11 - If applicable, Gas Control Shutoff Valve Addendum (to USDD and installation contractor) must be signed prior to installation. 12 - All electrical power, including (but not limited to) raceway, conduit, backboxes, service panels, high-voltage wiring and fixtures by others. 13 - All communications pathway infrastructure (network, radio, etc.) by others unless specifically detailed in this proposal. 14 - USDD cannot warrant nor support any owner-furnished (3rd-Party) system or component we are required to integrate with. USDD cannot warrant nor support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments. 15 - Any misuse, unauthorized modification, improper installation, excessive shock, attempted repair, accident, or improper or negligent use, storage, transportation, or handling by any party other than USDD shall render this limited warranty null, void and of no further effect PROPRIETARY and CONFIDENTIAL FS01 Page 3 of 9
13 July 7, 2026 Item 11
US DIGITAL DESIGNS Date: 3/23/2026
by Honeywell Expires: 6/21/2026
Proposal: CA_DMFD001 v2
Quote Submitted To:

Del Mar, CA
Del Mar Fire Department
Unless Otherwise Noted, All Prices are $USD
STATION 01 SYSTEM: $ 77,915.47
STATION 01 SERVICE & SUPPORT: $ -
STATION 01 ESTIMATED TAX: $ 2,889.12
Station-Level Subtotal: $ 80,804.59
Equipment & Service Total: $ 77,915.47
Tax Total: $ 2,889.12
US Digital Designs System Total: $ 80,804.59
(TBD By Customer) Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement Dispatch or station level training is not included in this proposal. Contact your Regional Territory Manager to schedule additional training if needed
Section Totals
Notes: One (1) Station System included in this proposal with installation by Valiant Technologies.

PROPRIETARY and CONFIDENTIAL SECTION TOTALS Page 4 of 9 14 July 7, 2026 Item 11
USDD.CA_DMFD.FS01.FSA.DWG
design by

A B C D
4 3
2 1
4 2
1 A B C D
3 project
building
filename
date

T H IS DO C UM E N T C ON T A I N S CONFIDENTIAL AND PROPRIETARY

I NF ORMA TION WH I CH IS T HE
EXCLUSIVE PROPERTY OF US D I G I T A L D E S I G N S , I N C . REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR

I N PA RT, IS NO T PE RMIT T ED W I T H O U T T H E W R I T T E N AUTHORIZATION FROM US DIGITAL D E S I G N S , I N C .

PoE = G2 ATX Power-over-Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or 2 3/12/2026 - 2:59PM

SYMBOL DESCRIPTION

EXTERNAL AMPLIFIER
ATX
UPS
AMP
EXP
address
ATX
A
G2 I/O REMOTE

PUSH BUTTON - RED
G2 STROBE LIGHT

SPEAKER, WEATHER-PROOF

SPEAKER, FLUSH MOUNT

SPEAKER, METAL BOX
G2 LED SPEAKER, FLUSH MOUNT
G2 LED SPEAKER, METAL BOX

OEM TRANSFORMER
G2 HDTV REMOTE
G2 COLOR

INDICATOR REMOTE
OEM FLAT PANEL MONITOR, XX", WITH MOUNT
G2 MESSAGE SIGN
(STANDARD 24")

VOLUME CONTROL
(CUSTOMER SUPPLIED)
G2 ROOM REMOTE 2

ARTICULATING ARM

MOUNT - LONG

ADAPTER PLATE DOUBLE

PUSH BUTTON - BLACK
G2 OMNIALERT STROBE SPEAKER
G2 MESSAGE SIGN
(MINI 12")
G2 MESSAGE SIGN
(EXTENDED 36")

ADAPTER PLATE
SINGLE
G2 MESSAGE REMOTE 2
TVR
PB
BLACK
PB
RED
CIR
STR
I/O
T
MR2
RR2
S
S
S
ADS
MSE
MSML
MSS
MSM
VC
S
S
ADP
MSML
S
G2 COLOR INDICATOR

REMOTE BACK BOX

FPD MOUNT
FPM - XX"
G2 VIDEO DOOR

STATION
VDS
MS-LCD G2 LCD MESSAGE SIGN

UPS-WMB
AMP-S

SHELF/BRACKET, WALL-MOUNT FOR UPS

SHELF, UNDER TABLE OR WALL MOUNT
LAR
SM-RR2-BB G2 LOCAL ALERTING

REMOTE MODULE
G2 REMOTE USER

INTERFACE MODULE RUI

SM-CIR-BB
SM-RR2-BB G2 ROOM REMOTE

SURFACE MOUNT BOX

RACK MOUNT EARS
FOR G2 ATX OR G2 EXP
G2 ATX STATION

CONTROLLER
G2 EXPANSION MODULE
G2 ATX-AUDIO

STATION CONTROLLER
G2 UNINTERUPTIBLE

POWER SUPPLY
DEL MAR FIRE DEPARTMENT, CAFIRE STATION 01
2200 JIMMY DURANTE BLVD, DEL MAR, CA 92014
DWK
INSTALLER NOTES:

1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE EQUIPMENT MOUNTING TYPE (FLUSH OR SURFACE).

2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER’S LINE-LEVEL AUDIO OUTPUT AND (EXISTING)
OWNER-FURNISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE)

3. INSTALLER TO PROVIDE CAT6 & 16/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP.

4. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING

STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE)

5. VOLUME CONTROL PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING.

6. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS.

7. INSTALLER MUST RUN A GROUNDING WIRE (PER CODE) FROM ATX TO STATION GROUND.

NOTES:

1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS.

2. US DIGITAL DESIGNS DOES NOT SUPPLY CABLE,WIRE, BACK BOXES, CONDUITS, OR MOUNTING FASTENERS.

3. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURNISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.). USDD

DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM.

4. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY.

DRAWING IS NOT TO SCALE.

GYM SHOP TURNOUT

DORM DORM DORM
DORM
RR
RR

DAYROOM

KITCHEN
S
A.4

APPARATUS BAY

MAIN BUILDING
PB
BLACK
PB
RED

DOORBELL

EMERGENCY ALERT
PB
BLACK
CHOW
PB
RED

EMERGENCY ALERT
S
S
S
S
S
S S S
S S S
S
S
S
A.1 A.2
A.3
A.1
S
S
EA.1
EA.1
UPS

UPS-WMB
ATX
AMP
AMP-S

US DIGITAL DESIGNS
Count Name
1 G2 ATX STATION CONTROLLER (ATX)
1 UPS (UPS-STD)
1 UPS SHELF-BRACKET WALL-MOUNT (UPS-WMB)
1 EXTERNAL AMPLIFIER (AMP-70V)
1 AMP SHELF-WALL MOUNT (AMP-S)
2 PUSH BUTTON (PB-B)
2 PUSH BUTTON (PB-R)
14 G2 LED SPEAKER (SPK-LED-FM)
1 G2 OMNISTROBE SPEAKER (SPK-OAS)
2 SPEAKER WEATHER-PROOF (SPK-W-SM)
15 July 7, 2026 Item 11
USDD.CA_DMFD.FS01.FSA.DWG
design by

A B C D
4 3
2 1
4 2
1 A B C D
3 project
building
filename
date

T H IS DO C UM E N T C ON T A I N S CONFIDENTIAL AND PROPRIETARY

I NF ORMA TION WH I CH IS T HE
EXCLUSIVE PROPERTY OF US D I G I T A L D E S I G N S , I N C . REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR

I N PA RT, IS NO T PE RMIT T ED W I T H O U T T H E W R I T T E N AUTHORIZATION FROM US DIGITAL D E S I G N S , I N C .

PoE = G2 ATX Power-over-Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or 2 3/12/2026 - 2:59PM

SYMBOL DESCRIPTION

EXTERNAL AMPLIFIER
ATX
UPS
AMP
EXP
address
ATX
A
G2 I/O REMOTE

PUSH BUTTON - RED
G2 STROBE LIGHT

SPEAKER, WEATHER-PROOF

SPEAKER, FLUSH MOUNT

SPEAKER, METAL BOX
G2 LED SPEAKER, FLUSH MOUNT
G2 LED SPEAKER, METAL BOX

OEM TRANSFORMER
G2 HDTV REMOTE
G2 COLOR

INDICATOR REMOTE
OEM FLAT PANEL MONITOR, XX", WITH MOUNT
G2 MESSAGE SIGN
(STANDARD 24")

VOLUME CONTROL
(CUSTOMER SUPPLIED)
G2 ROOM REMOTE 2

ARTICULATING ARM

MOUNT - LONG

ADAPTER PLATE DOUBLE

PUSH BUTTON - BLACK
G2 OMNIALERT STROBE SPEAKER
G2 MESSAGE SIGN
(MINI 12")
G2 MESSAGE SIGN
(EXTENDED 36")

ADAPTER PLATE
SINGLE
G2 MESSAGE REMOTE 2
TVR
PB
BLACK
PB
RED
CIR
STR
I/O
T
MR2
RR2
S
S
S
ADS
MSE
MSML
MSS
MSM
VC
S
S
ADP
MSML
S
G2 COLOR INDICATOR

REMOTE BACK BOX

FPD MOUNT
FPM - XX"
G2 VIDEO DOOR

STATION
VDS
MS-LCD G2 LCD MESSAGE SIGN

UPS-WMB
AMP-S

SHELF/BRACKET, WALL-MOUNT FOR UPS

SHELF, UNDER TABLE OR WALL MOUNT
LAR
SM-RR2-BB G2 LOCAL ALERTING

REMOTE MODULE
G2 REMOTE USER

INTERFACE MODULE RUI

SM-CIR-BB
SM-RR2-BB G2 ROOM REMOTE

SURFACE MOUNT BOX

RACK MOUNT EARS
FOR G2 ATX OR G2 EXP
G2 ATX STATION

CONTROLLER
G2 EXPANSION MODULE
G2 ATX-AUDIO

STATION CONTROLLER
G2 UNINTERUPTIBLE

POWER SUPPLY
DEL MAR FIRE DEPARTMENT, CAFIRE STATION 01
2200 JIMMY DURANTE BLVD, DEL MAR, CA 92014
DWK
INSTALLER NOTES:

1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE EQUIPMENT MOUNTING TYPE (FLUSH OR SURFACE).

2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER’S LINE-LEVEL AUDIO OUTPUT AND (EXISTING)
OWNER-FURNISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE)

3. INSTALLER TO PROVIDE CAT6 & 16/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP.

4. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING

STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE)

5. VOLUME CONTROL PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING.

6. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS.

7. INSTALLER MUST RUN A GROUNDING WIRE (PER CODE) FROM ATX TO STATION GROUND.

NOTES:

1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS.

2. US DIGITAL DESIGNS DOES NOT SUPPLY CABLE,WIRE, BACK BOXES, CONDUITS, OR MOUNTING FASTENERS.

3. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURNISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.). USDD

DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM.

4. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY.

DRAWING IS NOT TO SCALE.

GYM SHOP TURNOUT

DORM DORM DORM
DORM
RR
RR

DAYROOM

KITCHEN
S
A.4

APPARATUS BAY

MAIN BUILDING
PB
BLACK
PB
RED

DOORBELL

EMERGENCY ALERT
PB
BLACK
CHOW
PB
RED

EMERGENCY ALERT
S
S
S
S
S
S S S
S S S
S
S
S
A.1 A.2
A.3
A.1
S
S
EA.1
EA.1
UPS

UPS-WMB
ATX
AMP
AMP-S

US DIGITAL DESIGNS
Count Name
1 G2 ATX STATION CONTROLLER (ATX)
1 UPS (UPS-STD)
1 UPS SHELF-BRACKET WALL-MOUNT (UPS-WMB)
1 EXTERNAL AMPLIFIER (AMP-70V)
1 AMP SHELF-WALL MOUNT (AMP-S)
2 PUSH BUTTON (PB-B)
2 PUSH BUTTON (PB-R)
14 G2 LED SPEAKER (SPK-LED-FM)
1 G2 OMNISTROBE SPEAKER (SPK-OAS)
2 SPEAKER WEATHER-PROOF (SPK-W-SM)

SYSTEM ZONING LEGEND
ZONE Name
A.1 DAYROOM/KITCHEN/RR
A.2 HALLWAY
A.3 SLEEPING AREA
A.4 APPARATUS BAY
EA.1 EXTERIOR
A.1
EA.1
EA.1
A.2
A.3
A.4
A.1
16 July 7, 2026 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable City Councilmembers
FROM: Mayor Tracy Martinez and Deputy Mayor John Spelich, Undergrounding Program Advisory Committee Council Liaisons Prepared by Denise Galvan, Management Analyst
DATE: July 7, 2026
SUBJECT: Appointment to the Undergrounding Program Advisory Committee REQUESTED ACTION/RECOMMENDATION:

The City Council Liaisons to the Undergrounding Program Advisory Committee (UPAC) recommend that the City Council appoint Michel Maronde to UPAC as voting member to serve the balance of a vacant term starting July 7, 2026, and ending on June 30, 2027.

BACKGROUND:

UPAC works with the Utility Undergrounding Program (UUP) staff team to move the City’s UUP forward in a timely manner, track progress on the goals and tasks, and evaluate ongoing project success and lessons learned to make recommendations for adjustments as necessary. UPAC consists of seven Del Mar residents serving three-year terms. For continuity, UPAC members may be appointed to serve three consecutive three-year terms.

DISCUSSION/ANALYSIS:

There is currently one vacancy on UPAC due to the resignation of Bob Preston on May 18, 2026.

City staff advertised the vacancy, and one Citizen Interest Form was received during the recruitment period from Michel Maronde (Attachment A). In accordance with City Council Policy Section E(5) to ensure that terms remain appropriately staggered, individuals appointed to fill an unexpired vacancy shall finish the remainder of the term of the vacating committee member.

If the recommended appointment is approved by the City Council, UPAC will have a full roster with no remaining vacancies. A copy of the current roster is included as Attachment B for the Council’s reference.

ATTACHMENTS:

Attachment A – Citizen Interest Form
Attachment B – Current Undergrounding Program Advisory Committee Roster 1 July 7, 2026 Item 12

CITIZEN INTEREST FORM
1050 Camino Del Mar, Del Mar California 92014 | (858) 755-9313 | https://www.delmar.ca.us/ Form Approved 12/7/21; Revised 3/24/2026
Thank you for your interest in serving the Del Mar Community. Please use this Citizen Interest Form to apply to serve on a City of Del Mar advisory committee, Planning Commission, or Design Review Board. The City of Del Mar greatly values the many talented citizens who volunteer to serve in city government. We encourage you to get involved. Please indicate whether you are seeking to serve on the Del Mar Planning Commission, Design Review Board, or one or more of the City’s many advisory committees, and please note your order of preference indicating 1st, 2nd choice, etc.

Before making your selection, we encourage you to spend some time learning about what each entity does, what its mission is, and what your role would be if you were appointed. Please note that in addition to the general questions below to be answered by all applicants, there are also specific questions tailored to service on the Planning Commission, Design Review Board, or an advisory committee to be answered as well.

Before applying, you are encouraged to attend or watch a committee meeting and review recent committee agendas and meeting minutes. If appointed, you will be expected to attend the meetings, which typically last about 2 hours in length, or more depending on the agenda, and require about 1 hour of preparation time for each meeting. Please note that in accordance with City Council Policy 200, committee members must not miss more than three meetings in a 12- month period. Committee meeting times vary, so please review the website calendar to make sure the meeting times for the committee you are applying for work for your schedule: Public Meeting Calendar.

You can also view current committee webpages, charters, and member rosters to get more information about each committee. In accordance will Council Policy 200- City Council Advisory Committees, Boards and Commissions members of the public may serve on two boards, committees or commissions concurrently except in special circumstances as determined by the Council. Additionally, the number of consecutive terms that an individual may serve on a committee is two unless the City Council makes an exception if they feel it is to the benefit of the committee to re-appoint an individual to a third term. Please note that ex-officio members are non-voting and may be non-residents.

Form Submittal: Citizen Interest Forms must be submitted by the published deadline. Forms can be submitted in-person or by mail at: Del Mar City Hall, 1050 Camino del Mar, Del Mar 92014; or via email: [email protected]. Please note: City Hall is closed to the public for in-person services on Fridays, and Citizen Interest Forms should be submitted via email only on Fridays. Citizen Interest Forms can be submitted in-person or via email Monday through Thursday.

IMPORTANT: Save the form on your computer prior to filling it out. Do not fill out the form in the Internet browser.
2 July 7, 2026 Item 12

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law

DEL MAR CITIZEN INTEREST FORM
I. APPLICANT INFORMATION
Last Name First Name Middle Initial
Home Street Address* City, State
Business Street Address (if applicable) City, State
Home Phone Number Business Phone Number E-mail Address
II. APPLICATION DETAILS
I am interested in serving on the following Committees, Board(s) or Commission(s) in order of preference (indicate 1st, 2nd choice, etc.):
___Design Review Board
___Finance Committee
___Lagoon Committee
___Measure Q Citizen Oversight Committee
___Parks and Recreation Committee
___Planning Commission
___Shores Park Master Plan Ad-Hoc Advisory Committee
___Sustainability Advisory Committee
___Traffic and Parking Advisory Committee
___Undergrounding Program Advisory Committee
___Other(s) (please indicate):______________________________________ Qualifications for appointment and/or reasons for application (attach additional pages as needed):

Education:
*Applicants are required to provide a physical residency address. Mailing addresses or Post Office boxes will not be accepted. The City will maintain all residency addresses strictly confidential.

Maronde Michel R
Del Mar, CA x
Previous 4 unit Taco Bell owner.

Graduated Wichita State University 1984
3 July 7, 2026 Item 12

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Relevant Experience (job or volunteer etc.):

Name all of the Del Mar Committees/Boards/Commissions that you now serve on:

Please name all the Boards/Commissions/Committee/Task Forces that you have served on in the past, and if you can, the dates of your service:

Optional: Please list three Del Mar residents who can provide a reference**:

NAME STREET NAME (no house
number)
Phone Number
**Due to Brown Act limitations that restrict communications between Councilmembers regarding upcoming actions of the City Council, please do not include a current sitting Councilmember as a reference for your appointment.

Residency
Month Year
I have been a resident of California since:

I have been a resident of San Diego County since:

I have been a resident of Del Mar since:

What part of town do you live in? Geographic diversity is desirable and will be taken into account.

Check the neighborhood map to verify your neighborhood. ☐ North Bluff
☐ North Beach
☐ South Beach
☐ Village Center
☐ South Bluff
☐ South Hills
☐ North Hills
☐ Valley
Are you a full-time or part-time resident of Del Mar? ☐ Full-time ☐ Part-time Is Del Mar your primary place of residence? ☐ Yes ☐ No
Are you a registered voter in Del Mar? ☐ Yes ☐ No Previous business owner, Del Mar Little League Board menber and coach, Del Mar Sharks soccer coach, Indian Guides Chief
Warren Spieker Avenida Primavera Jeff Mattfolk Nob Avenue Jeff Lambert 14th Street September 1990 September 1990 September 1994 ✔ ✔
✔
✔
4 July 7, 2026 Item 12

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law III. COMMITTEE SPECIFIC QUESTIONS
The following are additional questions related to specific committees. Please answer the questions only for the committee(s) you are applying for.

1. Finance Committee
The Finance Committee is looking for applicants with financial expertise and background.

Please describe your experience reviewing financial reports, conducting financial studies or any related experience. Please include any experience specific to public entities.

What aspects of the City’s finances most interest you and why?

2. Measure Q Citizen Oversight Committee
Membership on the Measure Q Citizen Oversight Committee is set by category. Which membership category do you best fit in? (Select all that apply)
☐ Current (or within past 5 years) Finance Committee Member ☐ Business Community Member
☐ At-large Resident Member
☐ Other (please explain): ____________________________________________________

3. Traffic and Parking Advisory Committee
Which membership category do you best fit in? (Select all that apply) ☐ Business representative (can be a non-resident)
☐ Resident
☐ Other (please explain): ____________________________________________________ Do you have any special expertise or experience related to traffic and parking? If yes, please explain:

4. Parks and Recreation Committee
The Parks and Recreation Committee is looking for applicants with an interest in the City’s parks and open spaces.
5 July 7, 2026 Item 12

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Please describe your personal or professional experience related to parks, open spaces, trails, public recreation or any similar experience.

What aspects of the City’s parks and recreation most interest you and why?

5. Lagoon Committee
The Lagoon Committee is looking for applicants interested in the preservation of the lagoon and surrounding area.

What aspect(s) of being on the Lagoon Committee most interest you and why?

6. Shores Park Master Plan Ad-Hoc Advisory Committee
The Shores Park Master Plan Ad-Hoc Advisory Committee is looking for applicants interested in the Shores Park property and planning process.

What aspects of being on the Shores Park Master Plan Ad-Hoc Advisory Committee most interest you and why?
Please describe your approach for participating in the development of a preferred concept for the Master Plan for the Shores Park property.

7. Sustainability Advisory Committee
The Sustainability Advisory Committee members are community leaders on environmental issues.

In what ways would you like to contribute to a more sustainable world either in your personal life or on a broader community level?
6 July 7, 2026 Item 12

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law Please describe any outreach or public education efforts you have participated in related to environmental issues or in other areas. Do you have skills or experience in outreach that you could bring to the Sustainability Advisory Committee?

8. Undergrounding Program Advisory Committee
The Undergrounding Program Advisory Committee is seeking applicants with an interest in the citywide undergrounding project.

Is your utility service undergrounded? What involvement did you have, if any? What aspects of being on the Utility Undergrounding Advisory Committee most interest you?

9. Design Review Board and/or Planning Commission
Briefly describe your qualifications and experience as it relates to serving on the Design Review Board or Planning Commission. The required qualifications for each can be found in the Del Mar Municipal Code (DMMC) Chapters 2.34 and 2.38. You will be able to provide more information at a City Council public meeting during an open interview process.

10. For All Committees: Thank you for completing the Citizen Interest Form. Is there anything else you would like to add to your application for the City Council to consider? Yes we help fund the project with our neighbors
7 July 7, 2026 Item 12

THIS IS A PUBLIC RECORD SUBJECT TO DISCLOSURE.

Note: Personal information may be withheld from public view as allowed by law IV. SIGNATURE AND ACKNOWLEDGEMENT
Please review the important information below before signing and submitting your application. Please note that recommendations for appointments to City advisory committees (other than the Planning Commission and Design Review Board) are made by the Council Liaisons to that Committee. The appointments are then placed on the consent calendar for consideration for approval by the full City Council at the next available City Council meeting. For reasons of privacy, the individual candidates are not discussed at the meeting.

Additionally, the Del Mar Conflict of Interest Code requires that members of the Design Review Board, Planning Commission, and Finance Committee file Conflict of Interest Statements with the Administrative Services Department in conformance with the Fair Political Practices Commission and the City’s Conflict of Interest Code. Other advisory committee members are not required to file Conflict of Interest Statements.
☐ By signing below, you are acknowledging that you have reviewed the Committee webpage for which you are applying, are available to attend committee meetings at the scheduled time, and that you understand the attendance requirements and conflict of interest filing requirement, if applicable. Part of your service may include ethics and anti-harassment training upon appointment and bi-annually. Visit the City’s Conflict of Interest Code webpage to learn more about the requirement.
☐ By submitting this application, you are signing under penalty of perjury that the information you are providing is true and correct to the best of your knowledge. __________________________
Date
Within three (3) business days you will receive a confirmation email that your application is received. If you have questions, please email [email protected] or call (858) 755-9313 and a staff member will get back to you promptly.
please
check
please
check
✔
✔
6/17/2026
8 July 7, 2026 Item 12
City of Del Mar
Undergrounding Program Advisory Committee
Appointing Authority City Council
Position Voting Member
John L Imperato
1st Term Nov 18, 2024 - Nov 30, 2027
Appointing Authority City Council
Position Voting Member
Adam Wallace
1st Term Nov 18, 2024 - Nov 30, 2027
Appointing Authority City Council
Position Voting Member
Wade H Walker
2nd Term Mar 02, 2025 - Mar 31, 2028
Appointing Authority City Council
Position Vice Chair
Amy A Cheshire
2nd Term Mar 02, 2025 - Mar 31, 2028
Appointing Authority City Council
Position Chair
Shirli Weiss
2nd Term Mar 03, 2026 - Mar 31, 2029
Appointing Authority City Council
Position Secretary
Tom McGreal
2nd Term Mar 03, 2026 - Mar 31, 2029
Vacancy
Board Roster
Undergrounding Program Advisory Committee Page 1 of 1
9 July 7, 2026 Item 12
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Councilmembers
FROM: Nestor Machado, Associate Management Analyst
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: July 7, 2026
SUBJECT: Encroachment Permit 26-056 to Allow a New Vehicle Access Gate and Vegetation Within a Utility Easement Located at 1411 Via Alta Applicant: KFH Properties, LLC
APN: 300-040-57-00
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council adopt the attached Resolution (Attachment A) conditionally approving Long-term Major Encroachment Permit (EP) 26-056 to allow a new vehicle access gate and vegetation within a utility easement located at 1411 Via Alta.

BACKGROUND:

The 1411 Via Alta site went through a Boundary Adjustment and a Coastal Development Permit to adjust the property line between the two existing lots on site (both owned by the Applicant). As part of these permit approvals, a residence that straddled the approved shared property boundary was demolished while the existing residential dwellings remained on the northern parcel at the site.

This property began the development process in 2021 by applying for a Design Review Board (DRB) permit, Coastal Development Permit (CDP), and Land Conservation (LC) permit to develop the lot into a single-family residence. The site or southern parcel of the existing lot is developed with a two-story residence with a subterranean two-car garage. Existing vehicular access to the lot is provided via a shared driveway off Via Alta. Along the southern portion of the property exists landscaping and a dedicated utility access easement that was granted and recorded with the County of San Diego. A vicinity map that shows the developed parcel is included as Attachment B.

On April 15, 2026, the City approved a Long-term Minor EP (EP26-029) for construction activities that included a street grind and overlay within the right-of-way adjacent to the property and the installation of permeable driveway pavers and synthetic turf pavers along the utility access easement on the south side of the property. As the proposed improvements 1 July 7, 2026 Item 13
City Council Agenda Report
EP26-056 (1411 Via Alta)
July 7, 2026

were less than 12 inches above the adjacent grade, the EP was processed at the staff level.

However, while staff were finalizing the development permit for the property, it was discovered that the applicant installed the swing gate within the utility easement access road to visually screen the road from public view, which was not included in EP26-029.

On May 14, 2026, the Applicant filed an application to permit a 5-foot-tall, approximately 15 feet wide, vehicle swing gate located within a utility access easement on the south side of the property at 1411 Via Alta. The gate is located approximately 24 feet from the property line, which would allow City vehicles to queue on private property. This would allow an uninterrupted flow of traffic on Via Alta while the gate is being opened.

In addition to this request, the Applicant is also seeking to permit vegetation including coyote brush shrubs, Podocarpus Henkelii, and French lavender shrubs within the southeastern portion of the easement as depicted in the plans included as Attachment C. The species of shrubs range anywhere from three feet to 20 feet in height as the Podocarpus Henkelii shrubs along the property line can grow up to 20 feet tall. The placement of this vegetation along the southeast portion of the property line/easement boundary will not prevent or limit public works equipment access. A minimum of 10 feet of clearance is provided around the existing public works facilities for access. Photos depicting the swing gate and vegetation within the utility easement are included as Attachment D.

While the vehicle swing gate is considered a Long-term Major improvement that requires City Council approval per Del Mar Municipal Code (DMMC) Sections 22.12.050 and 23.28.020, the vegetation planted in the easement is a Long-term Minor improvement, which only require approval by the City Manager. For ease of processing, all encroachments have been consolidated in the Long-term Major EP.

ANALYSIS/DISCUSSION:

Under DMMC Section 23.28.020, a Long-term Major EP is defined as any improvement designed to or having a permanent appearance and intended for use for a period of 365 days or more and includes, but is not limited to, structures or portions thereof, balconies, cornices and other architectural projections, awnings, below grade vaults, earth-retaining structures extending 12-inches or more in height above the adjacent grade, planter boxes, ramps, fences or walls, and curbs extending 12-inches or more in height above the adjacent grade.

In addition, DMMC 22.12.050(C) requires City Council approval for any structures located within easements granted to the City for utility, roadway, and trail purposes.

Required Findings
Pursuant to DMMC Section 23.28.070, there are six (6) required findings for approval of a Long-term Major EP that generally relate to public safety, intended use of the right-of-way, community character, aesthetics, and conversion of public land for private use. An EP shall only be approved if the City Council can make all six findings:

Finding 1: That the issuance of the EP will not endanger public health, safety or welfare, or the surrounding property.
2 July 7, 2026 Item 13
City Council Agenda Report
EP26-056 (1411 Via Alta)
July 7, 2026

Permitting the vehicle swing gate and vegetation within the utility access easement will not endanger public health, safety, or welfare, or the surrounding property. The location of the gate is approximately 24 feet onto private property, which will allow City vehicle queuing while the gate is opening. There is no public access within the easement, and the gate will remain closed when not in use. Additionally, the Applicant will be required to install a Knox Box that will provide access to emergency vehicles and the City.

Finding 2: That the issuance of the EP will not unreasonably interfere with the intended use of a City Right-of-Way or Easement.

The existing encroachments authorized under this EP will not unreasonably interfere with the use of the easement because the easement has been improved with permeable paver strips that support vehicular access. In addition, no vegetation will be planted within 10 feet of the sewer manholes or over the existing utility lines.

Finding 3: That the issuance of the EP will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics.

The prior condition of this property was an undeveloped lot. The Applicant went through the development permit process to construct a home consistent with the character of the community and in accordance with city standards. As a component of the Design Review Permit, the project was required to dedicate a 15-foot utility easement and modify the location of sewer manhole within the easement. The hard and softscape improvements within the utility access easement are also compatible with the aesthetics of the community. The improved access easement itself will be screened from public view and will only be accessible by emergency vehicles or City staff.

Finding 4: That the issuance of the EP will not cause an unnecessary change in the character of the community.

The encroachments authorized under the EP are consistent with other improvements found in the neighborhood and reflect similar improvements found in the Hills neighborhood.

Finding 5: That the issuance of the EP will not be to the detriment of the interests of the general public.

The City recorded a dedicated easement for utility access that is not accessible by the public because it is on private property. The improvements within this easement will allow City staff to maintain public utility infrastructure and will not be a detriment of the interests of the general public. Further, the vehicle swing gate will have a Knox Box which will provide access to emergency vehicles and the City.

Finding 6: The proposed Encroachment will not convert significant area of public property to private use.
3 July 7, 2026 Item 13
City Council Agenda Report
EP26-056 (1411 Via Alta)
July 7, 2026

The improvements are located within a utility access easement that is located on private property. There will be no conversion of public property to private use.

As a condition of approval, the vehicle swing gate will include a Knox Box to allow emergency vehicles to have access to the easement to respond to an emergency. In addition, the City will have access to the easement area to maintain the utility manholes on the property. A covenant will be recorded on the property that would require that all private improvements in the easement be maintained by the property owner including the requirement to provide adequate clearance around the utility manholes. Should the property owner wish to install additional improvements or vegetation within this easement, they will need to go through the EP process.

Based on the above analysis, all required findings have been satisfied. Therefore, staff recommends City Council adopt the Resolution (Attachment A) approving Long-term Major EP26-056.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this agenda item because as this is a private development proposal. All fees associated with entitlement processing are paid for by the Applicant.

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15301(d)(Class 1 – Existing Facilities), in that the Project proposes retention of an existing vehicular access gate and associated hard/soft scape improvements. Further, it has been determined that none of the six exceptions to the use of a Categorical Exemption are applicable because the project will not generate any significant environmental impacts. (See:

Guidelines Section 15300.2).

ATTACHMENTS:

Attachment A – Resolution Approving EP26-056
Attachment B – Vicinity Map
Attachment C – Site Plan and Landscape Plan
Attachment D – Photographs
4 July 7, 2026 Item 13
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, APPROVING ENCROACHMENT PERMIT 26-
056 TO ALLOW AN EXISTING GATE AND VEGETATION WITHIN

A DEDIDICATED UTILITY ACCESS EASEMENT ON THE SOUTH
SIDE OF THE PROPERTY AT 1411 VIA ALTA (APN: 300-040-57- 00) IN DEL MAR, CALIFORNIA
WHEREAS, the City of Del Mar (City) has a dedicated utility access easement on he property at 1411 Via Alta; and
WHEREAS, KFH Properties, LLC (Applicant) has filed an application for an Encroachment Permit (EP26-056) seeking approval to allow an existing gate and vegetation within the utility access easement, adjacent to 1411 Via Alta (Project); and WHEREAS, the property does not have an approved Encroachment Permit for the existing gate and vegetation within the utility access easement; and WHEREAS, Del Mar Municipal Code (DMMC) Chapter 23.28 requires an Encroachment Permit (EP) for any private improvements within an easement; specifically, any improvements that extend at least 12 inches above the level of the sidewalk, roadway, or adjacent grade require City Council approval; and
WHEREAS, DMMC 22.12.050(C) requires City Council approval for any structure placed over or within any City utility easement; and
WHEREAS, DMMC Section 23.28.070 specifies that an Encroachment Permit may be approved or conditionally approved only if the City Council makes all of the findings set forth in Section 23.28.070(C) as noted in the below; and WHEREAS, in accordance with requirements of the California Environmental Quality Act (CEQA), this project is listed among the classes of projects determined to have less than significant adverse effect on the environment and, therefore, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 Class 1 – Existing Facilities in that the project proposes to permit an existing retaining wall and associated improvements; and WHEREAS, on July 7, 2026, the City Council of the City of Del Mar held a duly noticed public hearing to review the referenced entitlements, and at which time all persons desiring to be heard were heard; and
WHEREAS, oral and written evidence was submitted and considered to include without limitation:
a. Plans developed by the Applicant;
b. Written information submitted with the application;
Attachment A 5 July 7, 2026 Item 13
Resolution 2026-XX

c. Agenda Report, dated July 7, 2026, incorporated by reference as though fully set forth herein; and
d. Additional information submitted and testimony provided during the hearing on July 7, 2026.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that Encroachment Permit EP26-056 is hereby approved based on the following findings in DMMC Chapter 23.28.070(C):

Findings:

1. Permitting the vehicular swing gate and vegetation within the utility access easement will not endanger public health, safety, or welfare, or the surrounding property. The location of the vehicular gate will be located approximately 24 feet onto private property, which will allow City vehicle queuing while the gate is opening. There is no public access within the easement, as the gate will remain closed when not in use. Additionally, the Applicant will be required to install a knox box which will provide access to emergency services such as the Fire Department and the City will have access.

2. The existing encroachments authorized under this EP will not unreasonably interfere with the use of the easement because the easement has been improved with permeable paver strips for vehicular access. In addition, no vegetation will be planted within 10 feet of the manholes or over the existing utility lines.

3. The prior condition of this property was an undeveloped lot. The Applicant went through the development permit process to construct a home consistent with the character of the community and in accordance with city standards. As a component of the Design Review Permit process, the project was required to dedicate a 15’ utility easement and modify the location of sewer manhole within the easement.

The hard and softscape improvements within the utility access easement also are also compatible with the aesthetics of the community. The improved access easement itself will be screened from public view and will only be accessible by emergency vehicles or City staff.

4. The encroachments authorized under the Encroachment Permit are consistent with other improvements found in the neighborhood and reflect similar improvements found in the Hills neighborhood.

5. The City recorded a dedicated easement for utility access which is not accessible by the public as it is on private property. The improvements within this easement will allow City staff to maintain public utility infrastructure and will not be a detriment of the interests of the general public. Further, the vehicle gate will have a Knox Box which will allow Fire Department access if needed.

Attachment A 6 July 7, 2026 Item 13
Resolution 2026-XX

6. The improvements are located within a utility access easement which is located on private property. There will be no conversion of public property to private use.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the Council that approval of EP26-056 shall be subject to the following conditions:

Document Conditions:

DC-1 [Recordation of a Covenant]
Within sixty (60) days of final EP approval, the applicant shall record a covenant (at the applicant’s expense) against the deed for the property benefited by the approved Encroachment Permit setting forth the terms and conditions of the Permit, including the requirement for applicant’s maintenance/responsibility and removal of the encroachment upon demand by the City. The covenant shall run with the land and shall be binding on future owners and assigns. The form and content of the covenant shall be to the satisfaction of the City Attorney and City Manager.

Special Conditions:

SP-1 [Encroachment Permit Revocation]
At the City’s discretion, the Encroachment Permit may be revoked at any time in accordance with Del Mar Municipal Code section 23.28.180. Upon notification of the City, the property owner shall remove the private improvements from the City easement, or maintain the vegetation to the satisfaction of the City.

SP-2 [Knox Box]
The applicant must install a knox box to ensure that emergency services, including Fire, have access to this portion of the property. The location of the knox box shall be installed at the direction of the Public Works Representative.

SP-3 [Gate Latch]
The applicant must install a gate latch to allow the swing gate to remain in an open position.

General Encroachment Conditions:

GEP-2 [EP – Indemnification]
By accepting this permit and implementing the development authorized herein, the applicant agrees to indemnify, defend and save the City of Del Mar, its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liabilities, annoyances, or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to the application or by reason of the permittee's installation, operation, maintenance or removal of the encroachment.

Attachment A 7 July 7, 2026 Item 13
Resolution 2026-XX

GEP-3 [EP - Removal of improvements]
The applicant agrees that if any vegetation, structure, tank, pipe, conduit, duct, tunnel, or other development for which this permit is issued is, at any point in the future, determined by the City to interfere with the use, repair or improvement of the subject right-of-way, the applicant or his or her successors or assigns, shall remove the development within ten (10) days after the receipt of a written notice from Public Works to do so. The removal shall be accomplished at the expense of the applicant or his or her successors or assigns and shall be removed or relocated to the satisfaction of the Public Works Department.

A) If an unknown underground facility is encountered, work shall cease immediately, and both the City Engineer’s office, Public Works and the utility believed to own the facility shall be notified. Work shall not proceed until permission is granted by the City Engineer’s office and a solution to the underground obstruction is resolved by the Engineer of Work.

GEP-4 [EP - Compliance with Conditions]
The applicant hereby agrees to do all work and otherwise comply with the terms and conditions of this permit, and all applicable rules and regulations of the City of Del Mar and/or other public agency.

GEP-5 [EP - Revocation of permit due to noncompliance with conditions] This permit may be revoked by the City if noncompliance is noted to the applicant and satisfactory action is not taken by the applicant or his/her agents to achieve compliance within twenty-four (24) hours of notice.

GEP-7 [EP - Permit Expiration/Potential for Permit Extension] This permit and the authorization for use/work within a City right-of-way herein granted must commence within one year from the date of approval, on July 7, 2027 or the permit shall expire. The permittee may request a single Extension of Time of an approved Encroachment Permit by submitting a written request to the City Manager setting forth the reason that substantial work on the permit cannot be commenced by the scheduled expiration date. The City Manager shall grant the extension unless he/she determines that there has been a change in circumstances since the time of the original grant of the permit which would create an inconsistency between the proposed encroachment and the provisions of DMMC Chapter 23.28.

No extension shall be granted for a period greater than one (1) year.

GEP-11[EP - Compliance with City Codes and Permit Conditions] Any person violating any provisions of or failing to comply with any of the requirements of this Permit or of DMMC Chapter 23.28 shall be subject to the enforcement provisions set forth in DMMC Chapters 1.08 and 30.98.

GEP-12[EP - Change of Permit Conditions at Direction of the City] Attachment A 8 July 7, 2026 Item 13
Resolution 2026-XX

The City retains the right to change conditions of this Permit granted and order the relocation or adjustment of lines, manholes, fixtures, and apparatus hereby allowed to be installed, whenever, in the opinion of the City, this becomes necessary; and desirable. In the event that such an order is made, all changes required pursuant thereto shall be made at the sole expense of the Permittee.

GEP-15[EP - No Transfer in Property Interest]
The granting of an encroachment permit pursuant to this chapter shall not constitute the transfer or relinquishment of any ownership or interest held by the City over the public right-of-way, nor shall such permit confer any vested or proprietary rights upon the holder of the permit beyond the right to utilize the encroachment area in the manner authorized by the permit and subject to all of the conditions set forth herein.

GEP-17[EP - Improvements Subject to Compliance with ADA Accessibility Requirements] The applicant shall be responsible for ensuring that all improvements are implemented in compliance with the applicable provisions of the Americans with Disability Act (ADA). Information about requirements for complying with ADA requirements can be gained from the following website: http://www.accessboard.gov/adaag/html/adaag.htm PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, State of California, at a Regular Meeting held on the 7th day of July 2026. ____________________________
Tracy Martinez, Mayor
City of Del Mar
APPROVED AS TO FORM:

Christina Cameron, City Attorney
City of Del Mar
Attachment A 9 July 7, 2026 Item 13
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 7th day of July 2026, by the following vote:

AYES:

NOES:

RECUSE:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
Attachment A 10 July 7, 2026 Item 13
Attachment B 11 July 7, 2026 Item 13
0° 11' 27"

87.50'
N W
89° 51' 05"
125.90'
N
E
0° 11' 27"
163.30'
S E
71° 25' 45" 90.66'
N
E
0° 06' 18"

20.00'
N W
89° 48' 09"
183.55'
S
W
(E) RESIDENCE DRIVEWAY
PATIO
YARD

LANDSCAPING
S
R.Y.S.B.
25' - 0"
S.Y.S.B.
7' - 6"
S.Y.S.B.
7' - 6"
F.Y.S.B.
20' - 0"
F.Y.S.B.
20' - 0"
S.Y.S.B.
7' - 6"
(E) CMU WALL W/ STUCCO

ADJACENT

STRUCTURE

ADJACENT

STRUCTURE

ADJACENT

STRUCTURE

ADJACENT

STRUCTURE
15' UTILITY EASEMENT

WITH DRIVABLE SURFACE
LIGHT
WELL
LIGHT
WELL

ADJACENT

STRUCTURE
LIGHT
WELL
LIGHT
WELL
HB

POOL SPA

OVERHANG
ABOVE
W
W
E
P
P
G
PATIO
(N) GATE, INSWINGING (5'-0" TALL)

EASEMENT
15' - 0"
FIRE
PIT
3 C11
3 C11

PL TO GATE
24' - 2"

AREA OF SCOPE
2 C112
C11

HOLD-OPEN LATCH

KNOX BOX FOR

FIRE DEPARTMENT
ACCESS
(N) GATE HEIGHT
5' - 0"
(N) GATE
(N) GATE HEIGHT
5' - 0"
(N) GATE GATE LATCH
(UNLOCKED)

KNOX BOX
Brian Church Architecture507 S. Cedros AveSolana Beach, CA 92075(858) 793-3437 DATE:

SHEET
SCALE: STATE OF CALIFORNIA
BRIAN
CHURCH

LICENSED

ARCHITECT
REN.

DATE: 09/30/27 C-22,251

NOT FOR CONSTRUCTION
As indicated
6/18/2026 4:11:08 PM
C11 MAJOR ENCROACHMENT PERMIT PLAN
06/18/26

HOWARD RESIDENCE
1411 VIA ALTA, DEL MAR, CA
NORTH
1" = 10'-0"
(N) GATE @ EASEMENT SITE PLAN - GATE ENCROACHMENTSITE PLAN - GATE ENCROACHMENT (N) GATE SECTION
(N) GATE ELEVATION

SUBMITTALS / REVISIONS
# Date Revision/Submittal 4 06/13/25 REVISION 2
Attachment C 12 July 7, 2026 Item 13
71° 25' 45" 90.66' N
E 0° 06' 18" 20.00'
N
W
89° 48' 09"
183.55'
S W
(N) DRIVEWAY
PATIO
20'-0" F.Y.S.B.

TRASH
(E) CONCRETE

STORM WATER CULVERT

NEW CONCRETE

STORM WATER INLET

NEW STORMWATER
PIPE
S
25'-0"
R.Y.S.B.

BASEMENT
LEVEL
GARAGE
POOL
EQUIPMENT 7'-6" S.Y.S.B.

S.Y.S.B. 7'-6"
20'-0"
F.Y.S.B.
20'-0"
F.Y.S.B. 7'-6" S.Y.S.B.

CMU WALL W/ STUCCO

ROLLED CONCRETE CURB

BACK UP/ TURN AROUND

AREA (EASEMENT)

ADJACENT

STRUCTURE

ADJACENT

STRUCTURE

ADJACENT

STRUCTURE
30'-0"
LIGHT
WELL
LIGHT
WELL
MOUNTABLE CURB 35'-6" UTILITY EASEMENT
15'-0"
LIGHT
WELL
LIGHT
WELL
HB

SLOPE TO DRAIN
GATE

POOL W/ AUTOMATIC COVER
SPA

OVERHANG
ABOVE
W
W
(E) WATER

METER TO
REMAIN
(E) WATER METER TO REMAIN -

MAY REQUIRE UPGRADE FOR

CAPACITY OR FIRE SPRINKLERS
E
(N) 200 AMP ELECTRICAL

SERVICE/METER
TROUGH
DRAIN

AUTOMATIC POOL COVER

BELOW DECK
P
P
DRIVEWAY LENGTH:149'-8"
87'-1"
9'-9" 52'-10"
(N) GAS METER
G

SUMP PUMP FOR STORM WATER

SEWAGE EJECTOR PUMP

FOR BASEMENT LEVEL

SWINGING GATE
(MOTORIZED) 5'-0"
38'-6"
1'-6"
8'-6"
1'-6" 9'-8"
GATE
(N) TRANSFORMER

AND CLEARANCES

WOOD DECKING

FIRE PIT
HVAC
HVAC
HVAC

VIA ALTA GRAVEL
TURF
BLOCK
(275 SF.)
TURF
(830 SF.)
CONCRETE PAVERS, TYP.

GATE

UTILITY EASEMENT WITH

DRIVABLE SURFACE

STORM DRAIN

MANHOLE
INSTALL GATE STOPPER, TYP.

GATE SWING, TYP.

SEWER MANHOLE
TURF
(TURF BLOCK UNDERNEATH)
900 SF.

RAISED 18" HT. WOODEN VEGETABLE

PLANTER BOX

EXISTING CHINESE ELM TO REMAIN

EXISTING MONTEREY CYPRESS

TO REMAIN

HEDGE AT REAR PROPERTY LINE TO BE

MAINTAINED AT HEIGHT OF NEIGHBOR'S FENCE
(APPROXIMATELY 11'-0" FROM GRADE).
71° 25' 45" 90.66' N E 0° 06' 18" 20.00' N W
89° 48' 09" 183.55' S W
(N) DRIVEWAY
PATIO
20'-0" F.Y.S.B.

RELOCATED
SEWER
TRASH
(E) CONCRETE

STORM WATER CULVERT

NEW CONCRETE

STORM WATER INLET

NEW STORMWATER
PIPE
S
25'-0"
R.Y.S.B.

BASEMENT
LEVEL
GARAGE
POOL EQUIPMENT 7'-6" S.Y.S.B.

S.Y.S.B. 7'-6"
20'-0" F.Y.S.B.
20'-0" F.Y.S.B. 7'-6" S.Y.S.B.

CMU WALL W/ STUCCO

ROLLED CONCRETE CURB

BACK UP/ TURN AROUND

AREA (EASEMENT)

ADJACENT

STRUCTURE

ADJACENT

STRUCTURE

ADJACENT

STRUCTURE
30'-0"

UTILITY EASEMENT

WITH DRIVABLE SURFACE

LIGHT WELLLIGHT WELL
MOUNTABLE CURB 35'-6" UTILITY EASEMENT
15'-0"
CONCRETE PAVERS, TYP.

LIGHT WELL

LIGHT WELL
HB

SLOPE TO DRAIN
GATE

POOL W/ AUTOMATIC COVER
SPA

OVERHANG
ABOVE
W
W
(E) WATER METER TO
REMAIN
(E) WATER METER TO REMAIN - MAY REQUIRE UPGRADE FOR

CAPACITY OR FIRE SPRINKLERS
E
(N) 200 AMP ELECTRICAL SERVICE/METER
TROUGH
DRAIN

AUTOMATIC POOL COVER

BELOW DECK
P
P
DRIVEWAY LENGTH:149'-8"
87'-1"
9'-9" 52'-10"
(N) GAS METER
G

SUMP PUMP FOR STORM WATER

SEWAGE EJECTOR PUMP

FOR BASEMENT LEVEL

SWINGING GATE
(MOTORIZED) 5'-0"
38'-6"
1'-6" 8'-6"1'-6" 9'-8"
GATE
(N) TRANSFORMER

AND CLEARANCES

WOOD DECKING

FIRE PIT
GATE, SWINGING (5'-0")
HVAC
HVAC

HVAC VIA ALTA
GRAVEL

TURF BLOCK
(275 SF.)
TURF
(900 SF.)
TURF
(830 SF.)
GATE
L 1.0 PLANTING PLAN (AS-BUILT)
SCALE 1/8" = 1'-0"
SHEET 1 OF 1HOWARD RESIDENCE
DRAWN
PROJECT #
FALA1411 VIA ALTA, DEL MAR, CA 92014

26.05 ORIGINAL DATE: 05/26/26
PLOT DATE: 6/25/26 CALIFORNIA LICENCE 3344 2220 OTAY LAKES RD STE 502 #748,CHULA VISTA, CA 91915 TEL: 858-910-3576, EMAIL: [email protected]
“LANDSCAPING FOR THE PROJECT SHALL BE DESIGNED TO COMPLY WITH THE CITY’S WATER EFFICIENT LANDSCAPE ORDINANCE AND

WITH THE GUIDELINES FOR IMPLEMENTATION OF THE WATER
EFFICIENT LANDSCAPE ORDINANCE (DMMC CHAPTER 23.60).”
“I HAVE COMPLIED WITH THE CRITERIA OF THE WATER

EFFICIENT LANDSCAPE ORDINANCE AND APPLIED THEM FOR THE
EFFICIENT USE OF WATER IN THE LANDSCAPE DESIGN PLAN”

SIGNATURE DATE
05/27/2026
N S
*S
E

E C L I
C
O F

T E A T
DateC A L
Renewal Date * N I A

R O I F

H I T T C
E
L D

N S A D C A
A R
P E
Signature
2/28/2028
05/27/2026
G
A I L
E . Z ERB E
3 34 4
NORTH
0 16 feet
1/8" = 1'-0"
8 24 32
1" ACTUAL IF THIS DOES NOT MEASURE 1" ACTUAL, THIS DRAWING MAY HAVE BEEN ENLARGED OR REDUCED, AND ALL LABELED SCALES ARE INCORRECT.

SYMBOL QTY BOTANICAL / COMMON NAME CONT WUCOLS
TREES
3 CITRUS X LIMON 'DWARF MEYER'

MEYER LEMON
4'-6' H X W
15 GAL MODERATE
1 HESPEROCYPARIS MACROCARPA

MONTEREY CYPRESS
40'-80' H X W
EXISTING TO REMAIN.

EXISTING LOW
4 OLEA EUROPAEA 'SKYLARK DWARF'

DWARF FRUITLESS EUROPEAN OLIVE
8' H X 12' W FRUITLESS
15 GAL LOW
1 ULMUS PARVIFOLIA

LACEBARK ELM
EXISTING TO REMAIN.

EXISTING MODERATE
SHRUBS
6 AGAVE ATTENUATA
AGAVE
3'-5' H X W
5 GAL LOW (0.1-0.3 ETO)
17 ALOE STRIATA

CORAL ALOE
2'-3' H X 1'-2' W
5 GAL LOW (0.1-0.3 ETO)
19 ARCTOSTAPHYLOS UVA-URSI 'POINT REYES'

POINT REYES KINNIKINNICK
1' H X 4'-8' W
5 GAL LOW (0.1-0.3 ETO)
10 BACCHARIS X 'STARN'
STARN THOMPSON® COYOTE BRUSH
3' H X 5' W
5 GAL LOW (0.1-0.3 ETO)
22 CAREX TUMULICOLA

BERKELEY SEDGE
1'-2' H X 1'-1.5' W
1 GAL LOW (0.1-0.3 ETO)
81 FESTUCA X 'SISKIYOU BLUE'

SISKIYOU BLUE FESCUE
1' H X 2' W
1 GAL LOW (0.1-0.3 ETO)
28 LAVANDULA DENTATA CANDICANS

FRENCH LAVENDER
3'-4' H X 4'-6' W
1 GAL LOW (0.1-0.3 ETO)
2 LIGUSTRUM JAPONICUM

JAPANESE PRIVET
6'-8' H X 4'-6' W
5 GAL MEDIUM (0.4-0.6 ETO)
58 PODOCARPUS HENKELII

LONG LEAFED YELLOW WOOD COLUMN
15'-20' H X 12'-20' W
15 GAL MEDIUM (0.4-0.6 ETO)
84 ROSMARINUS OFFICINALIS 'REPENS'

CREEPING ROSEMARY
2' H X 4'-6' W
1 GAL LOW (0.1-0.3 ETO)
74 STIPA ICHU

PERUVIAN FEATHER GRASS
1'-2' H X W
1 GAL LOW (0.1-0.3 ETO)
4 YUCCA GLORIOSA 'VARIEGATA'

VARIEGATED SPANISH DAGGER
6' H X 4' W
15 GAL LOW (0.1-0.3 ETO)

SYMBOL QTY BOTANICAL / COMMON NAME CONT WUCOLS

GROUND COVERS
266

SENECIO MANDRALISCAE 'BLUE CHALK

STICKS'

SENECIO

0.5'-1' H X 1'-2 W
FLAT LOW (0.1-0.3 ET0)

SYMBOL QTY BOTANICAL / COMMON NAME CONT WUCOLS
SHRUBS
NOTE:

1. MULCH APPLIED TO A DEPTH OF AT LEAST 3" TO ALL AREAS OF BARE SOIL EXCEPT IN AREAS WHERE MULCH IS CONTRADICTED. (NOT ON SLOPES)

2. ALL LANDSCAPE AREAS SHALL BE FINISH GRADED TO REMOVE ROCKS AND TO ENSURE SURFACE DRAINAGE AWAY FROM BUILDING.

3. ROOT BARRIER IS PROVIDED FOR ALL TREES WITHIN 5 FEET OF HARDSCAPE.

4. WALL/ FENCE HEIGHT IS MEASURED PURSUANT TO DMMC 30.86.090 D.

5. FENCE HEIGHT HEREIN SHALL BE CALCULATED AS THE VERTICAL DISTANCE BETWEEN THE ELEVATION

AT THE TOP OF THE FENCE AND THE ELEVATION OF THE LOWER OF THE NATURAL OR FINISHED ADJACENT GRADE WHEN MEASURED FROM THE EXTERIOR FACADE(S) OF SUCH FENCE AT ANY POINT.

THE EXTERIOR FACADE SHALL BE CONSIDERED TO BE THAT SIDE OF A FENCE WHICH FACES AND IS CLOSEST TO ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF￾WAY.

6. THE PROPERTY OWNER OR LEASEE IS RESPONSIBLE FOR MAINTAINING THE LANDSCAPE, IN A HEALTHY, DISEASE FREE CONDITIION.

7. FINAL APPROVAL OF THESE AND ANY IMPROVEMENTS ON PUBLIC PROPERTY SHALL BE SUBJECT TO APPROVAL OF AN ENCROACHMENT PERMIT.

8. NO PROTECTED TREES, AS DEFINED IN DMMC CHAPTER 23.50, ARE PROPOSED FOR REMOVAL.

9. ALL IMPROVEMENTS PROPOSED WITHIN PUBLIC RIGHTS-OF-WAY SHALL REQUIRE SEPARATE APPROVAL OF AN ENCROACHMENT PERMIT FOLLOWING DRB APPROVAL. MOREOVER, ANY PLANTINGS SHALL BE LIMITED TO D.G. OR GRASS TO FACILITATE PARKING AND ULTIMATELY EGRESS FROM VEHICLES ALONG THE STREET.

10. THE POOL SHALL BE SOLAR HEATED.

LANDSCAPE CALCULATION
TOTAL LANDSCAPED AREA: 7,565 SQ.FT.

OVERALL SITE: 13,612 SQ.FT.
13,612 X .55% = 7,487 SF

PERCENTAGE OF LANDSCAPE AREA RELATIVE
TO THE OVERALL SITE SQUARE FOOTAGE:

55.57%
TOTAL TURF: 275 + 900 + 830 = 2,005 SQ.FT.
13,612 X .15% = 2,042 SF
SCALE: 1" = 20'-0"

HYDROZONE PLAN

SYMBOL NOTES
QTY: 6,476 SF
HYDROZONE 1 - LOW WATER USE
LOW WATER USE, PLANT FACTOR 0.2 - 0.3

DRIP IRRIGATION
HYDROZONE 2 - MODERATE WATER USE
MODERATE WATER USE, PLANT FACTOR 0.4 - 0.6

DRIP IRRIGATION
HYDROZONE 3 - HIGH WATER USE
HIGH WATER USE, 0.7 - 1.0

POOL/SPA

IRRIGATED AREA

HYDROZONE SCHEDULE
QTY: 620 SF
QTY: 469 SF
QTY: 7,565SF

PLANT MATERIAL CHANGED

IN THIS AREA

PLANT MATERIAL ADDED TO THIS AREA

TURF BLOCK DRIVABLE SURFACE

INSTALLED UNDERNEATH TURF
Attachment C 13 July 7, 2026 Item 13
Attachment D 14 July 7, 2026 Item 13
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: July 7, 2026
SUBJECT: Camino Del Mar Bridge Replacement Right of Way Approvals and Project Update
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council: 1) Receive an informational update on the Camino Del Mar Bridge Replacement Project; and 2) Adopt a Resolution (Attachment A) authorizing the City Manager to sign the Right-of-Way Certifications required for federal funding for the Camino Del Mar Bridge Project.

BACKGROUND:

The Camino Del Mar Bridge Replacement (Project) is one of the City’s current Capital Improvement Program critical infrastructure projects that will replace the roadway bridge over the San Dieguito River adjacent to North Beach. The existing bridge was constructed in 1932 and is beyond its useful life. The bridge was determined to be structurally deficient as part of the 2012 Final Rehabilitation Strategy Report completed by the California Department of Transportation (Caltrans). The report concluded replacement is the most cost-effective solution. Caltrans’ concurrence allows the replacement bridge to receive significant Federal Highway Administration (FHWA) financing for the Project.

When local agencies receive FHWA funding, the grant funding is administered by Caltrans in accordance with the Local Assistance Procedure Manual (LAPM). Caltrans has prepared guidelines and forms in the LAPM that consistently evaluate projects throughout California through the preparation and review of required documentation and forms. The LAPM supports local agencies during the design and construction of public transportation facilities throughout the state.

One of Caltrans’ approval phases is the Right-of-Way phase during which local agencies must provide verification that they have secured, or are in the process of securing, any real property rights required to construct the project. This is a necessary step for Caltrans to move the project forward and finalize the federal funding agreements. 1 July 7, 2026 Item 14
City Council Agenda Report
CDM Bridge Right of Way Resolution and Project Update
July 7, 2026