CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
FEBRUARY 18, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.
CALL TO ORDER
Mayor Gaasterland called the Regular Meeting to order at 4:30 p.m.
ROLL CALL
Present: Mayor Terry Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich.
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no legally reportable actions for the February 14, 2025, City Council Closed Session meeting.
City Attorney Devaney also reported that while there were no legally reportable actions for the February 18, 2025, City Council Closed Session meeting, the City Council authorized the City Attorney to report that on February 6, 2025, the City Attorney was contacted via phone by a Deputy District Attorney from the Public Integrity Unit, which investigates and prosecutes criminal misconduct by public officials. The Distict Attorney’s Office prosecutes crimes but not civil matters. The Deputy District Attorney informed the City Attorney that a complaint had been filed related to the vacancy created by Councilmember Worden’s resignation in 2024. The Deputy District Attorney confirmed that the Council’s handling of the vacancy is not a criminal matter and did not share the complaint’s identity or the actual complaint. The Deputy District Attorney called strictly on background and would not verify if there was going to be an investigation.
PLEDGE OF ALLEGIANCE
Mayor Gaasterland led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Gaasterland opened public oral communications and Jas Grewal, with a donation of time from Suren Dutia, provided a public comment related to affordable housing and by-right development. Mayor Gaasterland closed public oral communications.
CITY COUNCIL COMMENTS & COMMUNITY ANNOUNCEMENTS
None
CITY MANAGER’S REPORT
None
City Council Regular Minutes
February 18, 2025
PRESENTATIONS
ITEM 1: CITY OF DEL MAR WILDFIRE PREPAREDNESS AND RESPONSE UPDATE (CLERK’S FILE NO. 1101-8)
City Manager Ashley Jones introduced the item and the presenters. A presentation on wildfire preparedness and response was provided by Fire Chief Josh Gordon, San Diego Sheriff Captain Shane Watts and Sheriff Lieutenant Mike Davis.
Mayor Gaasterland opened the item to public comment and the following people spoke:
1) Steve Mitgang
2) Jim Benedict
3) Angelina Neglia
4) Mark Rittenbaum
5) Jeanne Waite
Mayor Gaasterland closed the item to public comment.
There were no Council questions or discussion on this item.
ITEM 2: PRESENTATION REGARDING SAN DIEGO LOSSAN RAIL REALIGNMENT VALUE
ANALYSIS PROCESS AND SAN DIEGUITO DOUBLE TRACK AND SPECIAL EVENTS PLATFORM PROJECT (CLERK’S FILE NO. 1506-1)
The San Diego Association of Governments (SANDAG) CEO Mario Orso introduced the presenters and provided some background and high level overview information on the LOSSAN Rail Realignment project.
A presentation was provided by the following SANDAG staff and consultants: Director of Mega Projects, Border, and Goods Movement Maria Rodriquez Molina; Regional Planning Program Manager Danny Veeh; Deputy Director for Environmental Compliance and Climate Keith Greer; Senior Engineer Angela Anderson; and President/CEO of Value Management Strategies (VMS) Rob Stewart.
Following the presentation, Mayor Gaasterland stated that the Council would not be asking any questions or providing feedback to SANDAG as this is not the appropriate time for the City to select or influence any particular route because to do so before the Draft Environmental Impact Report is released could unduly prejudice the City’s role as a responsible agency under CEQA, and may compromise the City’s ability to bring challenges in the future to protect the City's interest.
Mayor Gaasterland opened the item to public comment and the following people provided a public comment:
1) Angelina Neglia (with a donation of time from Dave Carey) 2) John Stahl
3) Lori Robin
4) JP McDermott
5) Shirli Weiss (with donations of time from Jenny Anderson and Karin Carey) 6) Amy Cheshire (with donations of time from Karl Willert and Lucy Eskeland) 7) Tom Grindle (with donations of time from Reid Westburg and Charles Koll) 8) Carol Kerridge
9) Mark Rittenbaum (with a donation of time from Jackie Workman) 10) Charles Rilli
11) Peter Lasenski
City Council Regular Minutes
February 18, 2025
Mayor Gaasterland closed the item to public comment and expressed appreciation to the presenters for their time and comments.
CONSENT CALENDAR
Senior Management Analyst Kseniia Izgarskaia read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.
IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 3 THROUGH 9. (VOTE 4-0) Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John W.
Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 3: APPROVAL OF MINUTES: APPROVAL OF MINUTES: JANUARY 30, 2025 SPECIAL MEETING, FEBRUARY 3, 2025 REGULAR AND SPECIAL MEETING (CLERK’S
MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 4: RATIFICATION OF LIST OF DEMANDS, DATED FEBRUARY 18, 2025 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 5: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 6: APPOINTMENTS TO THE UNDERGROUNDING PROGRAM ADVISORY COMMITTEE (CLERK’S FILE NO. 401-5)
Council reappointed Amy Cheshire and Wade Walker to the Undergrounding Program Advisory Committee (UPAC) as voting members to serve full three-year terms starting March 2, 2025, and ending on March 31, 2028, on consent.
ITEM 7: LAGOON COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council appointed Nitza Leichtling to the Lagoon Committee as a voting member to serve a full three-year term starting March 1, 2025, and ending on March 31, 2028, on consent.
ITEM 8: PARKS AND RECREATION COMMITTEE APPOINTMENTS (CLERK’S FILE NO. 401- 5)
Council reappointed Arlene Prater as a voting member to the Committee to serve a second full three-year term starting April 1, 2025, and ending on April 30, 2028; and appointed Susan Maronde to serve a first term as a voting member to the Committee for a full threeyear term starting March 3, 2025, and ending on March 31, 2028, on consent.
ITEM 9: TRAFFIC AND PARKING ADVISORY COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5)
City Council Regular Minutes
February 18, 2025
Council reappointed Zach Groban as the at-large, business representative voting member on the Traffic and Parking Advisory Committee to serve a full three-year term starting February 18, 2025, and ending on February 29, 2028, on consent.
CITY COUNCIL OTHER BUSINESS
ITEM 10: APPOINTMENT TO THE AIR POLLUTION CONTROL DISTRICT GOVERNING BOARD - DISTRICT 3 (CLERK’S FILE NO. 1403-1)
Mayor Gaasterland opened the item and provided an explanation on why she voted to appoint Coronado Mayor John Duncan to the Air Pollution Control District (APCD) Governing Board – District 3. A presentation was provided by Deputy Mayor Martinez and Councilmember Spelich, who brought this agenda item forward, which emphasized the importance of this appointment and need for the Council to discuss and provide direction to the Mayor as to how the City should cast its vote for this appointment.
Mayor Gaasterland opened the item to public comment and the following people spoke in favor of the City voting to appoint Teresa Acosta:
1) Vanessa Forsythe
2) Sally Prendergast
3) Harold Standerfer
4) Susan Sherod
5) Ann Feeney
6) Serena Pelka
7) Anthony Dang
8) Charles Rilli
9) Michael King
10) Nicholas Paul
11) Lynda Daniels
12) Mark Rittenbaum
13) Tom Grindle
14) Suren Dutia
Mayor Gaasterland closed the item to public comment.
Mayor Gaasterland provided additional information as to why she believed her vote for the City of Coronado Mayor John Duncan was due to his position on the Tijuana River sewage environmental crisis, as well as his role on various regional organizations working on environmental issues in the area. Mayor Gaasterland emphasized the importance of solving the environmental crisis caused by the Tijuana River sewage pollution and stated her continued support for Mayor Duncan as a candidate for the APCD Governing Board – District 3.
Council discussion focused on the relevant experience and merits of nominees John Duncan and Teresa Acosta as candidates for the APCD Board, importance of defending the interests of the City of Del Mar and the need for voting for APCD candidates based on the candidates’ subject matter expertise and relevant experience, and with Mayor Gaasterland, Deputy Mayor Martinez, and Councilmember Spelich each providing an explanation as to who they thought was the best person for appointment.
IT WAS MOVED BY COUNCILMEMBER SPELICH, SECONDED BY DEPUTY MAYOR MARTINEZ TO DIRECT THE CITY’S REPRESENTATIVE TO VOTE TO APPOINT TERESA ACOSTA TO THE AIR POLLUTION CONTROL DISTRICT GOVERNING BOARD - DISTRICT 3 (MOTION FAILED WITH VOTE 2-2).
City Council Regular Minutes
February 18, 2025
Ayes: Deputy Mayor Tracy Martinez; Councilmember John W. Spelich; Noes: Mayor Gaasterland; Councilmember Dan Quirk; Recuse: 0; Absent: 0; Abstain: 0.
City Attorney Devaney provided legal guidance that because the motion failed, the Council did not reach a consensus and has no formal position on who to vote for, therefore, cannot provide direction on how to vote on behalf of the City. City Attorney Devaney and City Manager Jones clarified that in the absence of clear direction from Council on how to vote on behalf of the City, an abstention would be required from Mayor Gaasterland at the next round of APCD voting. City Attorney Devaney was requested to provide a written legal opinion on abstention.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
There were no reports provided.
UPCOMING AGENDA ITEMS
The Council reviewed the agenda items identified on the agenda for the upcoming March 3, 2025, Council meeting. City Manager Jones stated that an additional item would be added to the Council meeting agenda specific to the recent Fairgrounds Board action regarding fairgrounds housing and the guiding principles related to the LOSSAN rail realignment. She also explained that a special open session City Council meeting would be scheduled for the coming week related to Council consideration of a City comment letter to be submitted to SANDAG pertaining to a LOSSAN Rail Realignment agenda item to be considered by the SANDAG Board on February 28, 2025.
City Manager Jones provided clarification regarding the timing for an upcoming Council item related to the Undergrounding Program financing and stated that an update from staff would be forthcoming regarding next steps for IBank financing and the requested cash flow analysis. It was also clarified by City Manager Jones that staff and consultants are only working on the financing option that the Council had directed staff to work on, which is financing through I-Bank. Staff is not looking into evaluating other financing options further because the Council did not direct staff to do so.
Mayor Gaasterland requested to work with the City Manager to consider whether to include an informational item related to the unpermitted North Beach garden on a future City Council agenda.
Councilmember Quirk indicated that if the Mayor and City Manager agreed that it was appropriate to bring something forward at a future meeting, he would be supportive.
ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 8:21 p.m.
Kseniia Izgarskaia, Senior Management Analyst