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Minutes, regular meeting

Del Mar City Council
April 7, 2025

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Minutes, regular meeting
Meeting
April 7, 2025
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Del Mar City Council
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6
Original file
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Text extracted from the city's file for reading and search. Open the original on www.delmar.ca.us. That file is the official record.

CITY OF DEL MAR

CITY COUNCIL REGULAR MEETING MINUTES
APRIL 7, 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 4:32 p.m.

ROLL CALL

Present: Mayor Terry Gaasterland; Deputy Mayor Tracy Martinez; and Councilmember John Spelich

Absent: Councilmember Dan Quirk

CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that there were no recusals or reportable actions for the April 7, 2025, City Council Closed Session meeting. Councilmember Quirk was absent from the meeting.

PLEDGE OF ALLEGIANCE
Mayor Gaasterland led the Pledge of Allegiance.

PUBLIC ORAL COMMUNICATIONS
Mayor Gaasterland opened public oral communications and the following individuals spoke:
1) Dwight Worden
2) Ann Feeney
3) Harold Standerfer, representing the Sierra Club
4) Peter Lasensky
5) Diana Kutlow, representing Senator Catherine Blakespear provided a legislative update Mayor Gaasterland closed public oral communications.

In response to public comments raised, Councilmember Spelich inquired about the legal implications specific to State law and the City Council’s discussion on February 18, 2025, as they pertain to the Mayor’s recent participation in the City Selection Committee of the County of San Diego’s vote to appoint a District 3 member to the Air Pollution Control District. City Attorney Leslie Devaney provided a response.

CITY COUNCIL COMMUNITY ANNOUNCEMENTS
None.

City Council Regular Minutes
April 7, 2025

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CITY MANAGER’S REPORT
City Manager Ashley Jones provided an update on the San Diego Association of Government (SANDAG) Del Mar Bluff 5 (DMB5) project and related mitigation projects and explained that City staff have routine communications with SANDAG staff to stay informed on the Bluff 5 project construction impacts and status of the upcoming mitigation projects.

CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar.

Eric Sandy provided comment on the donation provided to the City by the Patrick O’Harra Memorial Fund for Item 6.

IT WAS MOVED BY COUNCILMEMBER SPELICH, SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 7 AND ITEM 9. (VOTE 3-0-1, WITH COUNCILMEMBER QUIRK ABSENT)
Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmember John Spelich; Noes: 0; Recuse: 0; Absent: Councilmember Quirk; Abstain: 0.

ITEM 1: APPROVAL OF MINUTES: FEBRUARY 27, 2025 SPECIAL MEETING, MARCH 3, 2025 REGULAR AND SPECIAL MEETING, MARCH 5, 2025 SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.

ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED APRIL 7, 2025 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.

ITEM 3: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.

ITEM 4: AUTHORIZATION TO APPLY FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS FROM THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (CLERK’S FILE NO. 201-13, 1506-1)
Council adopted Resolution 2025-05, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DEL MAR, CALIFORNIA AUTHORIZING THE CITY MANAGER TO APPLY

FOR SMART GROWTH INCENTIVE PROGRAM GRANT FUNDS FROM THE SAN DIEGO ASSOCIATION OF GOVERNMENTS” and authorized the City Manager to approve and execute all agreements and related documents necessary for the grants, on consent.

ITEM 5: PROPOSED COMPENSATION PLAN AMENDMENTS FOR SPECIFIC PUBLIC WORKS AND COMMUNITY SERVICES LIFEGUARD POSITIONS (CLERK’S FILE NO. 502-1)
City Council Regular Minutes
April 7, 2025

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Council adopted Resolution 2025-06, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DEL MAR, CALIFORNIA, AMENDING THE MANAGEMENT, PROFESSIONAL,

AND CONFIDENTIAL COMPENSATION PLAN, THE GENERAL EMPLOYEE

COMPENSATION PLAN, AND THE MISCELLANEOUS, PART-TIME, TEMPORARY AND HOURLY EMPLOYEES COMPENSATION PLAN”, to reflect the proposed changes to specific Public Works and Community Services Lifeguard positions, on consent.

ITEM 6: ACCEPTANCE OF A DONATION FROM THE PATRICK O’HARRA MEMORIAL FUND TO PURCHASE NEW INFLATABLE RESCUE BOAT (IRB) (CLERK’S FILE NO. 201- 16)
Council accepted a donation of $10,000 from the Patrick O’Harra Memorial Fund to purchase a new Inflatable Rescue Boat; and amended the Fiscal Year 2024-2025 Operating and Capital Budget to reflect the donation, on consent.

ITEM 7: ACCEPTANCE OF A DONATION FROM THE ROTARY CLUB OF DEL MAR TO PURCHASE NEW ROPE RESCUE EQUIPMENT (CLERK’S FILE NO. 201-16) Council accepted a donation of $1,997.30 from the Rotary Club of Del Mar to purchase rope rescue equipment; and amended the Fiscal Year 2024- 2025 Operating and Capital Budget to reflect the donation, on consent.

PUBLIC HEARING
ITEM 8: ENCROACHMENT PERMIT (EP) 25-019 RELATED TO THE CONSTRUCTION OF THE

SAN DIEGUITO DOUBLE TRACK PROJECT PEDESTRIAN UNDERCROSSING AND

ASSOCIATED IMPROVEMENTS
APPLICANT: SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) (CLERK’S FILE NO. 802-1, 1506-1)
This agenda item involves a resolution and would require three Councilmembers to participate in hearing the item. However, Deputy Mayor Martinez and Councilmember Spelich were conflicted from participating in the item due to living within 500 feet of the subject location and Councilmember Quirk was absent from the meeting. Therefore, the Council was not able to hear the item.

Therefore, a brief presentation was provided by Planning and Community Development Director Karen Brindley in which she stated that agenda Item 8 involves a request from SANDAG for an Encroachment Permit, (EP 25-019) that includes improvements on City property and right-of-way related to the construction of the San Dieguito Double Track Project. The Encroachment Permit includes water and sewer line relocation and improvements, grading improvements to Coast to Crest Trail in order to allow a pedestrian undercrossing that impacts City of Del Mar property, as well as staging and construction access on and from City of Del Mar property and right-of way. Additionally, this project includes a request for a Utility Agreement between the City of Del Mar and SANDAG and the request to waive planning application fees in the amount of $2,085.

As such, staff and the City Attorney recommended the City Council take the following four actions:

1. Delegate the decision authority on EP25-019 to the City Manager; and

2. Delegate the determination to execute the associated Utility Agreement between SANDAG and the City of Del Mar to the City Manager; and

3. Delegate the decision on the request to waive planning application fees to the City Manager; and City Council Regular Minutes
April 7, 2025

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4. Affirm the CEQA determination this action does not constitute a project under CEQA Guidelines Section 15378 in that the delegation of decision authority on this action does not constitute a “Project” as this administrative activity will not result in direct or indirect physical changes in the environment.

There were no public speakers for this item.

IT WAS MOVED BY DEPUTY MAYOR MARTINEZ, SECONDED BY MAYOR GAASTERLAND TO DELEGATE DECISION AUTHORITY TO THE CITY MANAGER FOR EP25-019; AUTHORIZE THE CITY MANAGER TO EXECUTE UTILITY AGREEMENT; AUTHORIZE THE CITY MANAGER TO WAIVE ASSOCIATED PLANNING APPLICATION FEES IN THE AMOUNT OF $2,085, WHICH IS A STANDARD PRACTICE AMONG GOVERNMENT AGENCIES; AND TO AFFIRM CEQA DETERMINATION. (VOTE 3-1, WITH COUNCILMEMBER QUIRK ABSENT) Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmember John Spelich; Noes: 0; Recuse: 0; Absent: Councilmember Quirk; Abstain: 0.

ITEM 9: RESOLUTION APPROVING THE DEL MAR PROJECTS FOR INCLUSION IN THE

TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2025-2026 THROUGH 2029-2030 (CLERK’S FILE NO. 901-2, 1506-1) Mayor opened the public hearing. There were no public speakers for the item. Mayor Gaasterland closed the public hearing. This item was moved to consent for approval of Resolution 2025-07, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ADOPTING THE

LIST OF DEL MAR PROJECTS FOR INCLUSION IN THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2025-2026 THROUGH 2029-2030.” ITEM 10: INTRODUCTION OF ORDINANCE TO REGULATE BICYCLES, INCLUDING ELECTRIC BICYCLES, IN THE CITY OF DEL MAR (CLERK’S FILE NO. 401-4, 401-9) An introduction to the item was provided by City Manager Jones. A presentation was provided by Management Analyst Ashlea Houston. Assistant City Manager Clem Brown was available to answer questions.

Council questions focused on whether e-bikes and bicycles were permitted for use on sidewalks; clarification regarding circumstances when bikers can bike outside of the bike lane; and clarification on the options to amend the ordinance presented by staff to the City Council.

There were no public speakers for this item.

Council discussion focused on the importance of the ordinance for enforcement purposes; consistency with regulations adopted by Encinitas and Solana Beach; support for the ordinance; and a request to staff to further research the issue of bikes being permitted on the sidewalks in areas other than business districts where the ordinance already prohibits biking on sidewalks.

IT WAS MOVED BY COUNCILMEMBER SPELICH, SECONDED BY MAYOR GAASTERLAND TO

APPROVE THE INTRODUCTION OF THE ORDINANCE WITH THE AMENDMENT IN OPTION TWO

IN RED DOT AND WITH STAFF TO RETURN WITH MORE INFORMATION ABOUT BIKES ON SIDEWALKS BY LOOKING AT STATE LAW. (VOTE 3-1 WITH COUNCILMEMBER QUIRK ABSENT) City Council Regular Minutes
April 7, 2025

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Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmember John Spelich; Noes: 0; Recuse: 0; Absent: Councilmember Quirk; Abstain: 0.

ITEM 11: INTRODUCTION OF AN ORDINANCE TO ACCEPT CALIFORNIA COASTAL

COMMISSION (CCC) MODIFICATIONS TO AMEND DEL MAR MUNICIPAL CODE (DMMC) CHAPTERS 30.22 (CENTRAL COMMERCIAL ZONE) AND 30.31 (PUBLIC FACILITIES ZONE) IN LOCAL COASTAL PROGRAM AMENDMENT ORDINANCE NO. 1006 ADOPTED BY THE CITY COUNCIL ON APRIL 15, 2024, FOR CONSISTENCY WITH THE FEBRUARY 6, 2025, COASTAL COMMISSION CONDITIONAL CERTIFICATION DECISION (CLERK’S FILE NO. 401-4, 401-9, 1502-14) An introduction to the item was provided by City Manager Jones. A presentation was provided by Principal Planner Amanda Lee. Planning and Community Development Director Brindley was available to answer questions.

Council questions focused on clarification of height above grade versus height above curb; and rational for inclusion of the 28th Street lot located in the Public Facilitates Zone in this action.

There were no public speakers for this item.

IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY DEPUTY MAYOR MARTINEZ TO INTRODUCE THE ORDINANCE. (VOTE 3-1, WITH COUNCILMEMBER QUIRK ABSENT) Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmember John Spelich; Noes: 0; Recuse: 0; Absent: Councilmember Quirk; Abstain: 0.

CITY COUNCIL OTHER BUSINESS
ITEM 12: FISCAL YEAR 2023-24 FINAL FINANCIAL REPORT AND FISCAL YEAR 2024-25 MIDYEAR FINANCIAL REPORT (CLERK’S FILE NO. 202-5) An introduction to the item was provided by City Manager Jones. A presentation was provided by Finance Officer Monica Molina. Finance Manager Marco Camacho was available remotely to answer questions.

Council questions and discussion focused on the impact related to economic trends on Del Mar’s revenues; timing for the Council to consider projects that could have a budget impact such as the Jimmy Durante Boulevard stripping and repaving project and bluff stabilization project; desire to receive update on Capital Improvement Project (CIP) grant funding as part of the budget process at the Budget Workshop at May 27, 2025; application of the Finnell plan and the City Council’s goal; trends in the quarterly sales tax receipts; and clarification on why Measure Q sales tax is slightly higher than regular sales tax.

There were no public speakers for this item.

IT WAS MOVED BY COUNCILMEMBER SPELICH, SECONDED BY DEPUTY MAYOR MARTINEZ TO RECEIVE REPORTS AND ADOPT RESOLUTION 2025-08, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-2025 OPERATING AND CAPITAL BUDGET.” (VOTE 3-1, WITH COUNCILMEMBER QUIRK ABSENT) City Council Regular Minutes
April 7, 2025

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Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmember John Spelich; Noes: 0; Recuse: 0; Absent: Councilmember Quirk; Abstain: 0.

Vote:

REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY

ORGANIZATION REPORTS
City Council representatives reported on the Clean Energy Alliance (CEA); Del Mar Community Connections (DMCC); North County Transit District (NCTD); San Diego Association of Governments (SANDAG) Board of Director; Finance Committee; Undergrounding Program Advisory Committee; and Housing Subcommittee.

ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 6:20 p.m.
______
Sarah Krietor, Administrative Services Manager/
City Clerk

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