CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
MAY 19, 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 4:31 p.m.
ROLL CALL
Present: Mayor Terry Gaasterland (arrived at 5:30p.m. due to a work conflict); Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported on the April 21, May 13, and May 19, 2025, Closed Session Meetings. For April 21, 2025, she reported that the Council met with Special Counsel in Closed Session following open session from 9:30 p.m.-10:00 p.m. related to significant exposure to litigation concerning risks to the City for possible violations of the City Manager’s employment contract from public statements by Councilmember Quirk. Councilmember Quirk did not attend any part of the Council Session. While there is no required reportable action under the Brown Act, the remaining members (Mayor Gaasterland, Deputy Mayor Martinez, and Councilmember Spelich) wish to advise that following a thorough briefing from Special Counsel, they authorized Special Counsel Gonzalez-Moises to send out a detailed cease and desist letter to Councilmember Quirk on Monday, April 28, 2025, that was posted on the City’s website along with the e-mails revised by Special Counsel from which she made her recommendation.
The vote was 2-0-1 with Mayor Gaasterland abstaining.
City Attorney Devaney reported that there were no recusals, absences, or reportable actions for the May 13, 2025, Closed Session.
Lastly, City Attorney Devaney reported that there was not a quorum for the May 19, 2025, Closed Session, and that Deputy Mayor Martinez and Councilmember Spelich received a briefing from the City Attorney’s Office on Item A. No action was taken.
PLEDGE OF ALLEGIANCE
Deputy Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Martinez opened public oral communication:
1. Rose Ann Sharp
2. Shirli Weiss
3. Diana Kutlow representing Senator Blakespear
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4. Kristine Schindle
Deputy Mayor Martinez closed public oral communication.
CITY COUNCIL COMMUNITY ANNOUNCEMENTS
None.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported that the Del Mar Fire Department will hold a Wildfire Prevention and Preparedness Workshop on Tuesday, May 20, 2025, at 5:30 p.m. in the Town Hall; the San Diego Association of Governments (SANDAG) issued a revised Notice of Preparation for the San Diego LOSSAN Rail Realignment Project, and related public scoping meeting on May 29, 2025, at 6:00 p.m. at The Sound located at the Del Mar Fairgrounds; the City’s Powerhouse Park Tot Lot Renovation Project selection for the 2025 ASCE San Diego Section Award for Outstanding Small Project and acknowledged the hard work for Project Manager Karen Falk who accepted the award on behalf of the City; the community survey related to ADU’s is closing on May 28, 2025; and the successful Bike Anywhere Day held on May 15, 2024.
PRESENTATIONS
ITEM 1: PRESENTATION ON THE 2025 SAN DIEGO COUNTY FAIR (CLERK’S FILE NO. 1502- 10)
Deputy Mayor Martinez introduced the item. A presentation was provided by Del Mar Fairgrounds Chief Executive Officer Carlene Moore.
City Council questions and discussion focused on where the season pass can be purchased; excitement about the expansion of the garden show; and traffic control plan and signage.
There were no public speakers for this item.
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. Item 5 was pulled by Councilmember Quirk for discussion.
IT WAS MOVED BY COUNCILMEMBER SPELICH, SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 2-4 AND 6-9. (VOTE 3-0 WITH
MAYOR GAASTERLAND ABSENT)
Ayes: Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich; Noes: 0; Recuse:
0; Absent: Mayor Gaasterland; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: APPROVAL OF MINUTES: APRIL 21, 2025 REGULAR AND SPECIAL MEETING, MAY 13, 2025 SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED MAY, 19, 2025 (CLERK’S FILE NO. 201-3)
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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: APPROVAL OF TASK ORDER WITH MICHAEL BAKER INTERNATIONAL FOR
CITYWIDE CAPITAL IMPROVEMENT PROGRAM-LEVEL ENVIRONMENTAL IMPACT REPORT (CLERK’S FILE NO. 406-1)
The item was pulled from the consent calendar for a brief presentation from Management Analyst Nestor Machado. Council questions focused on clarification of the scope related to the undergrounding district Utility Undergrounding District X1A (Crest Canyon); California Environmental Quality Act (CEQA) exemptions from roadway and water work; whether the City has done Programmatic Environmental Impact Reports (PEIR) in the past; process for completing a programmatic EIR prior to all project details being known; timeline for PEIR completion and presentation to Council; City’s process for hiring environmental and engineering professional services; and request from one Councilmember to receive the term expiration date for the Michael Baker International (MBI) agreement and City expenditure to date with MBI.
Deputy Mayor Martinez opened public oral communication, and Kristine Schindle spoke.
Deputy Mayor Martinez closed public oral communications.
IT WAS MOVED BY COUNCILMEMBER SPELICH, SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE A $267,028 TASK ORDER WITH MICHAEL BAKER
INTERNATIONAL (MBI) TO PREPARE A PROGRAM-LEVEL ENVIRONMENTAL IMPACT REPORT (PEIR) FOR THE CITY’S CAPITAL IMPROVEMENT PROGRAM (CIP); AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE TASK ORDER. (VOTE 3-0-1 WITH MAYOR GAASTERLAND ABSENT)
Ayes: Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich; Noes: 0; Recuse: 0; Absent: Mayor Gaasterland; Abstain: 0.
ITEM 6: CONTINUED FROM MAY 5, 2025: SECOND READING AND ADOPTION OF AN
ORDINANCE TO ACCEPT CALIFORNIA COASTAL COMMISSION (CCC) MODIFICATIONS TO ORDINANCE NO. 1002 ADOPTED BY THE CITY COUNCIL ON DECEMBER 18, 2023, TO AMEND DEL MAR MUNICIPAL CODE (DMMC) CHAPTERS
30.91 (ACCESSORY DWELLING UNIT REGULATIONS) AND 30.75 (COASTAL
DEVELOPMENT PERMITS) IN THE LOCAL COASTAL PROGRAM (LCP) FOR CONSISTENCY WITH THE MARCH 13, 2025, CCC CONDITIONAL CERTIFICATION DECISION (CLERK’S FILE NO. 303-1, 401-4, 401-9)
Council adopted Ordinance 1017, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL CODE (ZONING CODE) CHAPTER 30.91 ACCESSORY DWELLING UNIT (ADU) REGULATIONS AND CHAPTER 30.75 COASTAL DEVELOPMENT PERMIT REGULATIONS AS ADOPTED BY PROSPECTIVE ORDINANCE NO. 1002; ALL
RELATING TO AMENDMENTS REQUIRED BY THE CALIFORNIA COASTAL
COMMISSION AS A CONDITION OF APPROVAL FOR THE CITY TO OBTAIN FINAL City Council Regular Minutes
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CERTIFICATION OF THE ADU ORDINANCE FOR IMPLEMENTATION OF THE 6TH CYCLE HOUSING ELEMENT PROGRAMS 2F (TINY HOMES) AND 6B
(AFFIRMATIVELY FURTHERING FAIR HOUSING)”, on consent.
ITEM 7: APPOINTMENT TO THE SUSTAINABILITY ADVISORY COMMITTEE (CLERK’S FILE NO. 401-5)
Council reappointed Valerie Dufort-Roy as a voting member on SAC to serve a full threeyear term beginning on May 19, 2025, and ending on May 31, 2028, on consent.
ITEM 8: TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 IMPLEMENTATION PLAN (CLERK’S FILE NO. 401-8)
Council adopted Resolution 2025-09 “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, ADOPTING THE TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 IMPLEMENTATION PLAN”; and authorized the City Manager to amend the Title VI Implementation Plan as-needed to ensure continued future compliance with statutory requirements, on consent.
ITEM 9: ACCEPTANCE OF 2024 STATE HOMELAND SECURITY PROGRAM GRANT FUNDS (CLERK’S FILE NO. 201-3)
Council accepted $5,851 in grant funds from the Fiscal Year (FY) 2024 State Homeland Security Program (SHSP) for the purchase of individual thermal imaging cameras and rescue equipment for the Del Mar Fire Department; and authorized the City Manager to execute the necessary grant documents, on consent.
COMMISSION AND COMMITTEE INTERVIEWS
ITEM 10: DESIGN REVIEW BOARD INTERVIEWS AND APPOINTMENT (CLERK’S FILE NO. 401-5)
An introduction to the item was provided by Mayor Gaasterland. A presentation was provided by Administrative Services Manager Krietor. The Council interviewed the candidates to fill two vacant seats on the Design Review Board (DRB).
The Council unanimously voted to reappoint Tina Thomas to serve a second full four-year term as a voting member on the Design Review Board beginning June 1, 2025, and expiring on June 30, 2029.
The Council voted twice and both times candidate Steve Mitgang received two votes from Mayor Gaasterland and Councilmember Quirk and candidate Adam Wallace received two votes from Deputy Mayor Martinez and Councilmember Spelich. As neither candidate received the required three affirmative votes to be appointed, Council consensus was to reopen the vacancy to solicit additional interest.
PUBLIC HEARING
ITEM 11: INTRODUCTION OF AN ORDINANCE TO ACCEPT CALIFORNIA COASTAL COMMISSION (CCC) MODIFICATIONS TO THE SENATE BILL 9 IMPLEMENTATION ORDINANCE NO. 996 ADOPTED BY THE CITY COUNCIL ON JUNE 19, 2023, TO
AMEND THE DEL MAR MUNICIPAL CODE AND LOCAL COASTAL PROGRAM FOR CONSISTENCY WITH THE APRIL 9, 2025, COASTAL COMMISSION CONDITIONAL City Council Regular Minutes
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CERTIFICATION DECISION RELATING TO TWO-UNIT AND URBAN LOT SPLIT DEVELOPMENT IN SINGLE DWELLING UNIT RESIDENTIAL ZONES (CLERK’S FILE NO. 401-4, 401-9)
A presentation was provided by Principal Planner Amanda Lee. Planning and Community Development Director Karen Brindley was available to answer questions.
Council questions focused on advantages of completing a lot split under Senate Bill 9 (SB 9); appreciation to staff for their work on this item; and California Coastal Commission (CCC) clarifications being considered for adoption.
There were no public speakers for this item.
IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY DEPUTY MAYOR MARTINEZ TO 1) CONFIRM STAFF’S DETERMINATION THAT THIS ACTION IS EXEMPT FROM REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15378 AND GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N) BECAUSE THE ADOPTION OF AN ORDINANCE TO IMPLEMENT SB 9 IS NOT CONSIDERED A PROJECT UNDER DIVISION 13 OF THE PUBLIC RESOURCES CODE; AND 2) INTRODUCE AN ORDINANCE
TO ACCEPT CHANGES REQUIRED BY THE CCC AS A CONDITION OF FINAL CERTIFICATION OF
THE LOCAL COASTAL PROGRAM AMENDMENT (LCPA), WHICH AMENDS THE CALIFORNIA SENATE BILL 9 (SB 9) IMPLEMENTATION ORDINANCE NO. 996 PREVIOUSLY ADOPTED BY THE CITY COUNCIL ON JUNE 19, 2023, THAT ADDED NEW DEL MAR MUNICIPAL CODE (DMMC) CHAPTERS 23.07, 24.66, AND 30.93 AND AMENDED DMMC CHAPTERS 30.10, 30.11, 30.12, 30.13,
30.14, 30.15, AND 30.75. THE PROPOSED ORDINANCE WOULD FURTHER AMEND DMMC CHAPTERS 23.07, 24.66, 30.13, 30.15, AND 30.93 FOR CONSISTENCY WITH THE APRIL 9, 2025, CCC CONDITIONAL CERTIFICATION DECISION. (VOTE 4-0)
Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 12: CONTINUED FROM APRIL 21, 2025: REQUEST TO ADOPT A MITIGATED NEGATIVE
DECLARATION AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM; AND TO APPROVE REVISION MAP RM22-001 AND COASTAL DEVELOPMENT PERMIT CDP24-012 RELATED TO AMENDING RECORDED PARCEL MAP (TPM-77-03) FOR PURPOSES OF REDUCING THE AREA OF AN EXISTING SCENIC EASEMENT ON THE PROPERTY LOCATED AT 1201 CUCHARA DRIVE, DEL MAR.
APPLICANT/OWNER: MARK AND LAURA WEBER TRUST DATED APRIL 4, 2009 ASSESSOR PARCEL NUMBER (APN): 300-143-38-00
PROPERTY LOCATION: 1201 CUCHARA DRIVE, DEL MAR
(CLERK’S FILE NO. 301-18)
Administrative Services Manager/City Clerk Krietor read the procedure for the hearing. A presentation was provided by Associate Planner Jean Crutchfield.
Council disclosures were as follows: Councilmember Quirk had no disclosures; Councilmember Spelich disclosed he spoke with Assistant City Attorney Wendy House; Deputy Mayor Martinez disclosed that she visited the property but did not speak to the resident; and Mayor Gaasterland disclosed that she City Council Regular Minutes
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visited the property from the street and reviewed the relevant section of the City’s Community (General) Plan.
Council questions focused on the largest structure the applicant could build in the new building area if the home was demolished; clarification on how the proposed map amendment may be affected by potential future SB 9 legislative changes; whether the vacated alley adjacent to this property is privately owned; why the applicable section of the Community Plan is labeled section L; and clarification on the lot coverage permitted on this lot.
Mayor Gaasterland opened the public hearing and the applicant Mark Weber and his representative Randy Brown with Sowards and Brown Engineering, Inc. provided a presentation.
Mayor Gaasterland opened the item to public comment and Michael Qualatone spoke. Mayor Gaasterland closed public oral communication.
The applicant Mark Weber and his representative Randy Brown had a five-minute rebuttal.
Mayor Gaasterland closed the public hearing.
Council discussion focused on the time and cost to the applicant to go through this process; whether SB 9 will be applicable to this property in the future; whether Councilmembers could make the required findings in order to approve the map amendment; concern about the enforceability of provisions and commitments offered by the applicant consistent with the Planning Commission’s recommendations; clarification on the size of a permittable ADU on the subject property; letters submitted from neighboring properties; and whether a covenant would be legally binding on future property owners.
IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER QUIRK, WITH A
FRIENDLY AMENDMENT BY MAYOR GAASTERLAND AND ACCEPTED BY COUNCILMEMBER QUIRK THAT FINDINGS 1-4 HAVE BEEN MET; TO ADOPT THE MND, AND APPROVE THE MAP
AMENDMENT, INCLUDING THE RECORDING OF A COVENANT AS OFFERED BY THE PROPERTY OWNER. (VOTE 2-2, WITH DEPUTY MAYOR MARTINEZ AND COUNCILMEMBER SPELICH OPPOSED – MOTION FAILED)
Ayes: Mayor Gaasterland; Councilmember Dan Quirk; Noes: Deputy Mayor Martinez and Councilmember Spelich; Recuse: 0; Absent: 0; Abstain: 0.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 8:35 to 8:55 p.m.
CITY COUNCIL OTHER BUSINESS
ITEM 13: INITIAL CONSIDERATION OF AN APPEAL OF THE DESIGN REVIEW BOARD’S APPROVAL OF DESIGN REVIEW PERMIT (DRB24-006)
PROJECT APPLICANT/PROPERTY OWNER: LISA PARNELL, FOOTER RESIDENCE TRUST
PROJECT APPELLANTS: JULIE AND DAVID FOUQUET
PROJECT LOCATION: 483 AVENIDA PRIMAVERA (APN: 299-290-04-00) (CLERK’S FILE NO. 301-5)
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Administrative Services Manager Krietor read the initial consideration procedure. A presentation was provided by Associate Planner Jean Crutchfield. Planning and Community Development Director Karen Brindley and Principal Planner Matt Bator were available to answer questions.
Councilmember Quirk had no disclosures. Councilmember Spelich disclosed that he read the report.
Deputy Mayor Martinez disclosed that she walked by the property. Mayor Gaasterland disclosed that she visited the property and had a phone conversation with the appellant’s tenant.
The appellant Julie Fouquet provided comments on why she felt the appeal should be set for a de novo hearing. The applicant’s representative Jim Sneed provided comments on why he and the applicant felt the matter should not be set for de novo hearing.
Mayor Gaasterland opened the item to public comment and the following people spoke:
1) Ralph Keeling
2) Emily Takahaski
3) Joseph Nickerson
Mayor Gaasterland closed the item to public comment.
Mayor Gaasterland and Deputy Mayor Martinez indicated they would like to set the item for a de novo hearing. Council directed staff to set the item for de novo hearing at the next available meeting and to notify the parties involved.
ITEM 14: COUNCIL GOALS AND PRIORITIES RECAP (CLERK’S FILE NO. 401-1) City Manager Jones provided a brief overview and suggested the City Council consider continuing the item to the City Council Budget Workshop on May 27, 2025, at 1:00 p.m., which was unanimously supported by the Council.
ITEM 15: INITIAL RECOMMENDATIONS FROM THE COMMITTEE STREAMLINING TASKFORCE (CLERK’S FILE NO. 401-5)
An introduction to the item was provided by Mayor Gaasterland and Deputy Mayor Martinez. A presentation was provided by Senior Management Analyst Kseniia Izgarskaia.
Council questions and discussion focused on preferred language related to the Traffic and Parking Advisory Committee (TPAC) business representative seat; desire to maintain one ex-officio position on the Sustainability Advisory Committee (SAC) and related revisions to Council Policy 200; and rationale for the Subcommittee’s recommendations.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER QUIRK, SECONDED BY MAYOR GAASTERLAND TO 1) ADOPT RESOLUTION 2025-10 AS REVISED TO MAINTAIN ONE EX-OFFICIO POSITION ON THE SAC, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING COUNCIL POLICY 200 COMMITTEES - CITY COUNCIL ADVISORY COMMITTEES,
BOARDS, AND COMMISSIONS TO IMPLEMENT CHANGES TO THE COMMITTEE STRUCTURE
RELATED TO MEMBERSHIP CATEGORIES, COMMITTEE SIZE, AND MEETING FREQUENCY AND DIRECTING CITY CLERK TO AMEND ADVISORY COMMITTEE CHARTERS”; 2) ADOPT RESOLUTION 2025-11, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, DISSOLVING THE ARTS ADVISORY COMMITTEE”; 3) APPROVE BI-ANNUAL AND
OTHERWISE AS-NEEDED MEETING SCHEDULE FOR THE TRAFFIC AND PARKING ADVISORY City Council Regular Minutes
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COMMITTEE; 4) DIRECT STAFF TO RETURN TO THE CITY COUNCIL WITH AN ORDINANCE TO ELIMINATE EX-OFFICIO POSITIONS ON THE DESIGN REVIEW BOARD; AND 5) DIRECT STAFF TO MAKE MINOR EDITS TO COUNCIL POLICY 200. (VOTE 4-0)
Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 16: FISCAL YEAR 2025-2026 ADVISORY COMMITTEE WORK PLANS (CLERK’S FILE NO. 401-5)
A presentation was provided by Senior Management Analyst Izgarskaia.
Council questions and discussion focused on general support for the proposed work plans and the process for committee’s to develop and approve work plans annually for City Council consideration.
There were no public speakers for the item.
IT WAS MOVED BY COUNCILMEMBER QUIRK, SECONDED BY MAYOR GAASTERLAND TO APPROVE THE FISCAL YEAR 2025-2026 ADVISORY COMMITTEE WORK PLANS AS INCLUDED IN THE AGENDA REPORT. (VOTE 4-0)
Ayes: Mayor Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
None.
ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 9:30 p.m.
_____________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk