CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 3, 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 4:37 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 recusals or reportable actions for the March 3, 2025, City Council Closed Session meeting. Councilmember Quirk arrived late at 3:25 p.m. The Council wished to report that it will be seeking guidance from the Fair Political Practices Commission (FPPC) regarding any potential Councilmember conflicts regarding the San Diego Association of Governments (SANDAG) LOSSAN Rail Realignment Project.
PLEDGE OF ALLEGIANCE
Mayor Gaasterland and Deputy Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Gaasterland opened public oral communications and the following individuals spoke:
1) Laura Schaefer
2) Shirli Weiss with a donation of time from Amy Cheshire 3) Mark Rosenbaum
Mayor Gaasterland closed public oral communications.
Council consensus was for staff to follow up with the North County Transit District (NCTD) to better understand the basis for statements made by the NCTD CEO at a recent San Diego Association of Governments (SANDAG) Board meeting regarding the LOSSAN Rail Realignment project.
CITY COUNCIL COMMUNITY ANNOUNCEMENTS
None.
CITY MANAGER’S REPORT
None.
City Council Regular Minutes
March 3, 2025
PRESENTATIONS
ITEM 1: PROCLAMATION HONORING PETER KIEFER’S RETIREMENT AND 35 YEARS OF CITY SERVICE (CLERK’S FILE NO. 1201-5)
A proclamation was presented to Maintenance Superintendent Peter Kiefer by Mayor Gaasterland. Peter provided some comments and reflections on his experience working for Del Mar, and the City Council and City Manager expressed their appreciation to Peter for his 35 years of service to the City and Del Mar community.
CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.
IT WAS MOVED BY DEPUTY MAYOR MARTINEZ, SECONDED BY COUNCILMEMBER QUIRK TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 5. (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 2: APPROVAL OF MINUTES: FEBRUARY 14, 2025, SPECIAL MEETING, FEBRUARY 18, 2025 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK) Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED MARCH 3, 2025 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 5: AUTHORIZATION TO SUBMIT 2024 HOUSING ELEMENT ANNUAL PROGRESS REPORT (CLERK’S FILE NO. 303-1)
Council questions and discussion focused on whether the City has fulfilled the moderate and above moderate requirements in the 6th Cycle Housing Element and whether developers need to include affordable units in a by right development scenario. Council authorized submittal of the City of Del Mar’s (City) 2024 Housing Element Annual Progress Report (APR) to the State Department of Housing and Community Development (HCD) and Governor’s Office of Land Use and Climate Innovation (LCI), on consent.
PUBLIC HEARING
ITEM 6: RESOLUTION ESTABLISHING DATE FOR UTILITY UNDERGROUNDING DISTRICT 1A (STRATFORD COURT SOUTH) PROPERTIES TO BE READY TO RECEIVE UNDERGROUND UTILITY SERVICE (CLERK’S FILE NO. 1001-2)
City Council Regular Minutes
March 3, 2025
An introduction to the item was provided by City Manager Jones. Mayor Gaasterland was recused from the item due to living within 500 feet of the district. A presentation was provided by Principal Engineer Martin Boyd.
Council questions and discussion focused on the how the Del Mar Municipal Code (DMMC) addresses any potential circumstances where a private property owner does not complete installation of the private service lateral timely; request for an update on the UUD 1A (Stratford Court South); whether the City is on track to complete UUD 1A (Stratford Court South) on schedule; and Council interest in receiving a project debrief on UUD 1A (Stratford Court South) before moving forward with UUD X1A (Crest Canyon).
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER SPELICH, SECONDED BY COUNCILMEMBER QUIRK TO ADOPT RESOLUTION 2025-04, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, ESTABLISHING THE DATE BY WHICH UTILITY UNDERGROUNDING DISTRICT 1A (STRATFORD COURT SOUTH) PROPERTIES MUST BE READY TO RECEIVE UNDERGROUND SERVICE”, IN ACCORDANCE WITH DEL MAR MUNICIPAL CODE (DMMC) SECTION 23.54.030. (VOTE 3-0-1, WITH MAYOR GAASTERLAND RECUSED) Ayes: Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John W. Spelich; Noes: 0; Recuse: Mayor Terry Gaasterland; Absent: 0; Abstain: 0.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 8:45 to 8:55 p.m.
CITY COUNCIL OTHER BUSINESS
ITEM 7: INITIAL CONSIDERATION OF AN APPEAL OF ENCROACHMENT PERMIT (EP) 24- 109
EP APPELLANT: FELIX WOHLLEBEN
APPELLANT’S ADDRESS: 328 8TH ST. (APN: 300-222-26-00)
EP APPLICANT: STEPHEN WOLFF
APPLICANT’S ADDRESS: 327 9TH ST. (APN: 300-222-04-02) (CLERK’S FILE NO. 802-1, 1306-4)
An introduction to the item was provided by Mayor Gaasterland. Councilmember Quirk requested a continuance of the item to allow the Council time to discuss a process change to the City’s appeals procedure. City Attorney Devaney advised the Council on legal considerations related to the requested continuance and Council consensus was not to continue the item.
All Councilmembers disclosed that they read the agenda materials for the item and had no other disclosures.
A presentation was provided by Management Analyst Nestor Machado. Principal Planner Matt Bator was available to answer questions.
Council questions focused on fines and/or penalties for violating a condition of the encroachment permit or related covenant; whether the Trees, Scenic Views and Sunlight (TSVS) Ordinance covers hedges that function as fences; Design Review Board (DRB) review process for a similar hedge; how long the hedge has been in existence; height of the hedges in the right-of-way that were removed; whether the City Council Regular Minutes
March 3, 2025
property has been through design review; timing for setting an item for a de novo hearing; and whether the parties could resolve the issue through a mutual agreement prior to the de novo hearing.
The appellant Felix Wohlleben provided comments. The applicant Stephen Wolff provided comments.
There were no public speakers for the item.
Only Mayor Gaasterland indicated she would like to set the item for a de novo hearing. Given that there were not two Councilmembers desiring to set the item for de novo hearing, the staff decision to approve EP 24-109 stands.
ITEM 8: UNDERGROUNDING PROGRAM FINANCING UPDATE (CLERK’S FILE NO. 203-3, 1001-2)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Finance Manager/Treasurer Marco Camacho and Principal Engineer Martin Boyd. City consultants Craig Hill Principal and Leslie Bloom Vice President with NHA Advisors LLC were available to answer questions along with Finance Officer Monica Molina.
Council questions focused on the City process for addressing potential cost overruns; how the ratio of Measure Q revenue to debt service changes for a 10-year versus 15-year borrowing; the impact of various borrowing options on the timing for constructing UUD 1B; clarification on potential re-design expenses if UUD 1B redesign is needed; favorable economic factors (higher revenues, lower project costs) that could result in earlier completion of UUD 1B; how payments work for the Stratford construction; clarification on the model and Measure Q revenue estimate; whether taking a $12 million dollar loan would result in additional redesign costs due to project constructions delays; and whether the Council would be willing to consider short-term bridge financing from the General Fund to finance undergrounding Measure Q projects as suggested by a member of the Council.
Mayor Gaasterland opened the item to public comment and the following individuals spoke:
1) Claire McGreal
2) Tom McGreal with a donation of time from Jas Grewal
3) Amy Cheshire
4) Laura DeMarco
5) Mark Rittenbaum
Mayor Gaasterland closed the item to public comment.
Council discussion focused on the benefits of the various scenarios; scenario proposed by Undergrounding Program Advisory Committee member Tom McGreal; Council appetite to utilize bridge financing from the General Fund; desire to receive additional resident input before proceeding with future undergrounding districts; and desire for staff to evaluate a $15 million loan over a 15-year term option as proposed by Tom McGreal.
IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER SPELICH TO DIRECT STAFF TO PURSUE AN IBANK PRE-APPLICATION FOR $17 MILLION DOLLARS FOR A 10-YEAR TERM KNOWING THAT THE CITY CAN PULL BACK TO NOT TAKE LOAN AND TO ASK STAFF TO WORK WITH IBANK TO ASK AT WHAT POINT WE CAN NO LONGER CHANGE THE 10- YEAR TO 15-YEAR LOAN TERM. (VOTE 3-1, WITH COUNCILMEMBER QUIRK OPPOSED) Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers John W. Spelich; Noes:
Councilmember Dan Quirk; Recuse: 0; Absent: 0; Abstain: 0.
City Council Regular Minutes
March 3, 2025
Council consensus was not to pursue bridge financing from the General Fund for undergrounding project expenses and to continue to limit undergrounding related expenditures to be funded with Measure Q revenues.
ITEM 9: UPDATE REGARDING RECENT ACTIONS TAKEN BY THE FAIRGROUNDS BOARD
RELATED TO FAIRGROUNDS HOUSING AND REAFFIRMATION OF THE DEL MAR
GUIDING PRINCIPLES FOR THE LOSSAN RAIL REALIGNMENT PROJECT (CLERK’S FILE NO. 303-1, 1005-2, 1506-1)
A presentation was provided by Mayor Gaasterland and Deputy Mayor Martinez.
Council questions focused on whether the City can update the current guiding principles as part of the agenda item.
Mayor Gaasterland opened the item to public comment and the following people spoke:
1) Shirli Weiss with a donation of time from Amy Cheshire 2) Jas Grewal with a donation of time from Suren Dutia
3) Laura DeMarco
4) Mark Rittenbaum
Mayor Gaasterland closed the item to public comment.
Council discussion focused on the public comments and related suggested changes to the proposed Fairgrounds letter and reaffirmation of the guiding principles.
IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER SPELICH TO
APPROVE AUTHORIZATION OF SUBMITTAL OF THE LETTER WITH AN AMENDMENT RELATED TO THE CITY’S SUPPORT OF OBJECTIVE 3 IDENTIFIED IN THE LOSSAN VALUES ANALYSIS REPORT BY SANDAG. (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.
IT WAS MOVED BY COUNCILMEMBER SPELICH, SECONDED BY MAYOR GAASTERLAND TO REAFFIRM THE CITY COUNCIL GUIDING PRINCIPLES. (VOTE 3-1, WITH COUNCILMEMBER
QUIRK OPPOSED)
Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers John W. Spelich; Noes:
Councilmember Dan Quirk; Recuse: 0; Absent: 0; Abstain: 0.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the San Diego Association of Governments (SANDAG) and Lagoon Committee.
MARCH 17, 2025 COUNCIL MEETING CANCELLATION
Prior to the end of the meeting, Councilmembers Quirk and Spelich both disclosed that they would be unable to attend the March 17, 2025, City Council meeting. Since there would not be the quorum of members needed to hold the meeting, the Council decided to cancel the meeting.
City Council Regular Minutes
March 3, 2025
IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY DEPUTY MAYOR MARTINEZ TO CANCEL THE MARCH 17, 2025, COUNCIL MEETING AND POSTPONE THOSE AGENDA ITEMS TO FUTURE DATES. (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.
ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 9:48 p.m.
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Sarah Krietor, Administrative Services Manager/
City Clerk