Proposed Fencing Deal with NCTD Posted Today; Special Public Council Meeting Called for 4:30 pm on Monday, Feb. 28
Revised NCTD License Agreement, if accepted, would result in modified fencing plan for the tracks
At 4:15pm today, the City Clerk posted a notice of a special meeting of the City Council on Monday, Feb. 28 at 4:30 pm to consider a revised licensing agreement between the City of Del Mar and the North County Transit District allowing for public use of the Del Mar upper bluff trail area located within the NCTD right of way. This is a public meeting, not a closed session.
The license agreement has been the key sticking point between NCTD and the City, in reaching a deal for a modified fencing plan that would involve less fencing overall, and would use shorter post and cable fencing in many areas, in lieu of 6″ steel mesh fencing.
Key terms of the revised license agreement proposed by NCTD, as described by the staff report:
- Provides for formal legal public access to the Del Mar upper bluff located within the NCTD right of way.
- Modified fencing to be installed on the upper bluff from 9th Street to Del Mar Woods, which will be steel post and cable fencing. Posts will not exceed 44” in height and cables will not exceed 42” in height, with a maximum of four tensioned cables.
- The License Area will preserve natural conditions and the walkable trails to the maximum extent possible with placement of fencing along the far western boundary as depicted in Exhibit A to the Agreement.
- City will be responsible for general maintenance of the License Area including litter abatement, graffiti removal, and inspection/notification to NCTD of fencing damage.
- The City will not be responsible for maintenance of NCTD’s fence other than reimbursement of 50% of the actual reasonable costs incurred. It should be noted that this is a significant improvement to the prior version of the License Agreement approved by the NCTD Board in which the City would be 100% responsible for repairing and maintaining the fence and paying all related costs.
- The City will only be responsible for liability incidents which occur within the License Area along the upper bluff.
- The City will not be required to enforce trespassing activities within NCTD’s railroad ROW, and will be indemnified by NCTD for train strikes in the event of trespassing from the upper bluff License Area. This provision of the License Agreement and the one noted above related to liability are also significant improvements from what was originally required by NCTD.