Table of Contents
6-16-2025 Regular Meeting Agenda
Item 1- Minutes
Item 2 - List of Demands Packet
Item 4 - Del Mar FHSZ Map Ordinance 2nd Reading
Item 5 - 2025 State Mandated Fire Inspections
Item 6 - EP25-050 (218 12th St.)
Item 7 - Introduction of Ordinance DRB Ex-Officio
Item 8 - Bike & E-Bike Ordinance (Introduction)
Item 9 - LOSSAN SDLRR NOP Comments
Item 10 - Mayor Potential Conflict - STR Ordinance
Item 11 - FY 2025-26 and 2026-27 Operating and Capital Budget Item 12 - Resume Shores Park Master Planning_final
Item XIIE and XIIIBP - Council Liaison Report -Martinez Item XIIL - Worden Metro JPA Report
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18 41
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Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.
Regular Meeting
Monday, June 16, 2025 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings in-person or via written comment (Red Dot). Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda.
Members of the public wishing to speak on items not on the agenda may do so under Public Oral Communications. Agenda items may be addressed in any order at the discretion of the Mayor. When addressing the Council, please state your name for the record. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.
In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record.
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.
Viewing the Meeting and Access to Agenda Materials: Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM. Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website:
http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at Del Mar City Hall and the Del Mar Library during their business hours.
Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.
Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Terry Gaasterland
Mayor
Tracy Martinez
Deputy Mayor
Dan Quirk
Council Member
John W. Spelich
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting June 16, 2025
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.
Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.
V. COMMUNITY ANNOUNCEMENTS
VI. CITY MANAGER’S REPORT
VIII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk.
1. Approval of Minutes: April 17, 2025 Special Meeting, May 27, 2025 Special Meeting, June 2, 2025 Regular and Special Meeting
Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
2. Ratification of List of Demands dated June 2, 2025
Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting June 16, 2025
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
3. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.
Reference: Clerk’s File No. 401-4
4. Adoption of an Ordinance Updating the Fire Hazard Severity Zone Map for the City of Del Mar
Recommended Action: Staff recommends that the City Council adopt the Ordinance (Attachment A) amending the Del Mar Municipal Code to add Section
10.04.015 reflecting local adoption of the Del Mar Fire Hazard Severity Zones Map (FHSZ Map) to designate Moderate, High, and Very High Fire Hazard Severity Zones (Exhibit 1 to Attachment A) to comply with the requirements of California Government Code Section 51179.
Reference: Clerk’s File No. 401-4, 401-9
5. Resolution Accepting the 2024 State-Mandated Annual Fire Inspections Report
Recommended Action: Staff recommends that the City Council adopt a Resolution (Attachment A) accepting the 2024 report on the status of all Statemandated annual fire inspections in the City of Del Mar in conjunction with Senate Bill (SB) 1205 and California Health and Safety Code Section 13146.4.
Reference: Clerk’s File No. 102-5
IX. PUBLIC HEARING
6. Encroachment Permit 25-050 to Replace an Existing Guardrail and Associated Improvements within the Public Right-of-Way at 218 12th Street Recommended Action: Staff recommends the City Council adopt the attached Resolution (Attachment A) conditionally approving Long-term Major Encroachment Permit (EP) 25-050 to replace and improve private encroachments at 218 12th Street.
Reference: Clerk’s File No. 802-1, 1306-4
7. Introduction of an Ordinance to Eliminate the Design Review Board ExOfficio Membership Recommended Action: Staff recommends the City Council hold a public hearing and introduce an Ordinance (Attachment A) amending Section 2.38.020 of the Del Mar Municipal Code eliminating the two Design Review Board ex-officio membership seats consistent with prior Council direction.
Del Mar City Council Regular Meeting June 16, 2025
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Reference: Clerk’s File No. 401-4, 401-5, 401-9
8. Introduction of an Ordinance to Regulate Bicycles, Including Electric Bicycles, in the City of Del Mar
Recommended Action: Staff recommends that the City Council introduce an ordinance (Attachment A) amending Chapter 8.12, San Dieguito Lagoon and River, and adding Chapter 14.54, Bicycles, to the Del Mar Municipal Code (DMMC) regulating the use of bicycles, including e-bikes, in the City of Del Mar.
Reference: Clerk’s File No. 401-4, 401-9, 1405-1
X. COUNCIL MEETING RECESS
XI. CITY COUNCIL OTHER BUSINESS
9. City of Del Mar Comments on the Updated Notice of Preparation of a Draft Environmental Impact Report for the San Diego LOSSAN Rail Realignment Project
Recommended Action: Staff recommends that the City Council review the City’s proposed comments (Attachment A) on the Updated Notice of Preparation of a Draft Environmental Impact Report for the San Diego LOSSAN Rail Realignment Project (Attachment B), provide any additional feedback, and direct staff to submit final comments to the San Diego Association of Governments (SANDAG) by the public comment deadline of June 20, 2025.
Reference: Clerk’s File No. 1005-2, 1506-1
10. Potential Conflict of Interest Involving Mayor Gaasterland Related to the City’s Short-Term Rental Regulations
Recommended Action: Refer this matter and all relevant documents in the City’s possession to the Fair Political Practices Commission (FPPC), San Diego County District Attorney Political Integrity Unit, California Attorney General, and San Diego County Grand Jury for third-party review and action as appropriate.
Reference: Clerk’s File No. 401-1
11. Adoption of the Fiscal Years 2025-2026 and 2026-2027 Operating and Capital Budget and Related Budget Resolutions
Recommended Action: It is recommended that the City Council: 1) Accept final changes to the proposed budget document identified in Table A; 2) Receive the report on City employee vacancies, recruitment, and retention efforts, pursuant to Assembly Bill (AB) 2561 requirements; and 3) Adopt the Resolutions included as Del Mar City Council Regular Meeting June 16, 2025
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Attachments A and C-H as required in order to formally adopt the Fiscal Years 2025-2026 and 2026-2027 Operating and Capital Budget.
Reference: Clerk’s File No. 202-1
12. Discussion on Reinitiating the Shores Park Master Planning Process Recommended Action: Staff recommends that the City Council: 1) Receive an update on the prior master planning process for the Del Mar Shores property; 2) Direct staff to reinitiate the completion of the Shores Master Plan process; and 3) Establish a subcommittee of the City’s Parks and Recreation Advisory Committee to advise staff and the City Council on the completion of the Master Plan.
Reference: Clerk’s File No. 307-8, 401-5, 803-3
XII. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.
A. Clean Energy Alliance JPA (CEA) Board of Directors (Spelich/Gaasterland) B. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) C. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Martinez/Spelich) D. League of California Cities – San Diego Chapter (Gaasterland/Martinez) E. North County Transit District (NCTD) (Martinez/Spelich) Receive Written Report (Martinez)
F. Regional Solid Waste Association (Spelich/Quirk)
G. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Spelich)
H. SANDAG Borders Committee
I. SANDAG Regional Planning Committee
J. SANDAG Shoreline Preservation Working Group
(Spelich/Gaasterland/Martinez)
K. SANDAG LOSSAN Executive Task Force (Gaasterland/Martinez) L. San Diego Metropolitan Wastewater Commission/JPA (Worden) Receive Written Report (Worden)
M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Gaasterland/Martinez)
N. Other Regional Organization Reports
XIII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A. Del Mar Community Connections (Martinez/Spelich)
B. Del Mar Village Association (Gaasterland/Martinez)
Del Mar City Council Regular Meeting June 16, 2025
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Receive Written Report (Martinez)
C. Finance Committee (Gaasterland/Spelich)
D. Housing Subcommittee (Gaasterland/Martinez)
E. Human Resources Subcommittee (Gaasterland/Martinez)
F. Legislative Subcommittee (Gaasterland/Martinez)
G. Measure Q Citizen Oversight Committee (Quirk/Gaasterland) H. Parks and Recreation Committee (Martinez/Quirk)
I. Del Mar Railroad Subcommittee (Gaasterland/Martinez) J. Lagoon Committee (Gaasterland/Spelich)
K. Planning Process Subcommittee (Includes Sea-Level Rise Adaptation Plan Implementation (Gaasterland/Spelich)
L. Shores Advisory Committee
M. Sustainability Advisory Committee (Martinez/Gaasterland) N. Traffic and Parking Advisory Committee (Quirk/Spelich) O. Undergrounding Program Advisory Committee (Gaasterland/Spelich) P. Other Committee-Subcommittee Reports
Receive Written Report (Martinez)
XIV. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.
July 7, 2025
DRB Interviews and Appointments
Agreement for As-Needed Citywide Tree Maintenance Services Bike/E-Bike Ordinance (2nd Reading)
Community Support Program Funding Agreements for Fiscal Years 2024-2025 and 2025-2026 Finance Committee Appointment
Amending Map RM24-001 (2112 Heather Lane, Qualantone)
De Novo Appeal Hearing (DRB24-006, Parnell)
XV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 11th day of June, 2025 at approximately 6:30 p.m.
___________________________________________ 6/11/2025
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
April 17, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
The special meeting had a scheduled start time of 4:00 p.m. However, with the absences of Mayor Gaasterland and Councilmember Quirk, the City Attorney determined that there was no quorum to convene a closed session meeting and therefore only a briefing with the members present would be possible. The briefing with legal counsel started at approximately 4:00 p.m. Mayor Gaasterland attended a briefing on the same topic on April 17, 2025, at 5:45 p.m. No direction was given, and no action was taken at the briefings.
ROLL CALL
Present for 4:00 P.M. Briefing: Deputy Mayor Tracy Martinez and Councilmember John Spelich.
Present for 5:45 P.M. Briefing: Mayor Gaasterland
Absent: Councilmember Dan Quirk.
CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One Description: Meet with Special Counsel related to risks to City for possible violations of the City Manager’s employment contract from public statements by Councilmember Quirk
Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None.
ADJOURNMENT
No formal closed session meeting occurred. The briefing with Deputy Mayor Martinez and Councilmember Spelich concluded around 5:00 p.m. and the briefing with Mayor Gaasterland concluded around 6:15 p.m.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
1 June 16, 2025 Item 1
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
COUNCIL BUDGET WORKSHOP
MAY 27, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
Mayor Terry Gaasterland called the meeting to order at 1:01 p.m.
ROLL CALL
Present: Mayor Terry Gaasterland; Deputy Mayor Tracy Martinez; Councilmembers Dan Quirk and John Spelich
PLEDGE OF ALLEGIANCE
Mayor Gaasterland led the pledge of allegiance.
PUBLIC COMMENT
There were no public speakers for Item 1 and 2.
CITY COUNCIL BUSINESS
ITEM 1: DISTRIBUTION OF PROPOSED FISCAL YEARS 2025-2026 AND 2026-2027 OPERATING & CAPITAL BUDGET (CLERK’S FILE NO. 202-1)
An overview of the budget workshop format was provided by City Manager Ashley Jones.
A presentation on the FY 2025-2026 and 2026-2027 Operating and Capital Budget was provided by Finance Manager/Treasurer Marco Camacho.
Council questions related to revenue focused on the anticipated timing for the California Coastal Commission (CCC) to review the City’s Short-Term Rental Regulations Local Coastal Program Amendment (LCPA) and whether CCC modifications would be reviewed by the City’s Planning Commission for recommendation to the City Council.
Council questions related to expenditures focused on the reporting and accounting practices for the general fund transfers to other funds such as the open space fund.
Council questions related to capital and special projects focused on the status of various federal funds received or anticipated to be received by the City; status of the living levee project grant funding; clarification on the project scope of the fair housing amendments work plan item; whether the state has actually received the grant funds for various federal grant programs administered at the State level; and Del Mar Riverpath project timing and funding status.
Council questions related to Measure Q revenues and expenditures focused on the Measure Q cash flow table provided in staff’s presentation; timing and scope of a future agenda item related 2 June 16, 2025 Item 1
SPECIAL MEETING MINUTES
May 27, 2025
to the Shores Park Master Planning process; timing for construction of Utility Undergrounding District X1A (Crest Canyon).
Council questions related to reserves focused on the housing reserve fund and scope, funding and budget for the special project related to development of affordable housing at the City owned properties on 10th and 28th Streets.
Council questions related to the Finance Committee’s feedback on the proposed budget focused on the Council’s future opportunities to review updated revenue information and appreciation to staff for their work on the budget project.
There were no public speakers for the item.
ITEM 2: CONTINUED FROM MAY 19, 2025: RECAP OF THE 2025 CITY COUNCIL
GOALS AND PRIORITIES SETTING WORKSHOP AND COUNCIL
APPROVED FY 2025-26 AND FY 2026-27 CITY WORK PLANS (CLERK’S FILE NO. 401-1)
A presentation was provided by City Manager Jones. Council discussed the staff follow up and status of the Council-identified proposed work plan items. Council consensus and direction on each item is provided below.
Item 1: Turn the Design Review Guidelines into Design Review Ordinances Council consensus was to support staff’s recommended action to add this item to the City Council Work Plan as a Tier 2 priority to be started in FY 2025-2026 or thereafter as practical without delaying or deferring other work plan items.
Item 2: Reconsider Advisory Committee Structure
The City Council previously took action to form a Subcommittee of Mayor Gaasterland and Deputy Mayor Martinez who brought initial recommendations of the Subcommittee to Council for consideration on May 19, 2025, with additional Subcommittee recommendations planned for later in the calendar year. No additional Council action was needed or taken at the Workshop.
Item 3: Amend City Appeals Procedure Consider Modifications to the Del Mar Municipal Code Council consensus was to add this item to the City’s Work Plan as a Tier 3 item to be started in Fiscal Year 2025-2026 or thereafter as practical without delaying or deferring other items.
Item 4: LOSSAN Rail Realignment Lobbying
Council consensus was to proceed with staff’s recommended action to further discuss this topic with staff and legal counsel as to the best timing to initiate this work and potential costs.
Items 5: Options to Obtain Resident Input on How/Whether to Continue Undergrounding Program
There was no Council consensus to include this item on the City’s work plan at this time.
Item 6: Bike Lane Safety Improvements
Council received an update on the City’s ongoing bicycle lane safety improvements that occur as part of the City’s standard operations and as priority projects on the City’s Work Plan such 3 June 16, 2025 Item 1
SPECIAL MEETING MINUTES
May 27, 2025
as the Jimmy Durante Boulevard Bike Lane improvements Tier 2 priority project. No Council action or direction was given at the Workshop.
Item 7: Traffic Speed Calming
Council received an update from staff on the City’s current traffic speed calming practices and related state regulations. Council consensus was to continue to pursue lower speed limits to the greatest extent possible; evaluate the City’s speed signage to include “slow down” when speed limits are exceeded, if possible; and for staff to complete targeted speed surveys for presentation to the Traffic and Parking Advisory Committee (TPAC) for recommendation and future consideration by City Council.
Item 8: Smoke Free City Signs to Enforcement Ordinance
City Manager Jones briefing presented staff’s signage plan for the Community Services Department to identify potential locations for signage in the public-right-of-way to add nonintrusive “No Smoking” signage in accordance with the Del Mar Municipal Code related to smoke. Council consensus was for staff to proceed as described in the agenda report.
Item 9: Electrification Incentivization
Council consensus was for staff to continue to look for opportunities to incentivize the implementation of electrification for new construction and major remodels.
Item 10: City Facilities Gas Appliances Inventory
No additional Council action was taken or needed as this item was previously added to the Work Plan as a Tier 3 item based on Council direction at the Goals and Priorities Workshop.
ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 2:41 p.m.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
4 June 16, 2025 Item 1
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 2, 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 Terry 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 (arrived at 4:52 p.m.) and John Spelich
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that the June 2, 2025, Closed Session will occur immediately following open session.
PLEDGE OF ALLEGIANCE
Mayor Gaasterland led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Gaasterland opened public oral communication and the following people spoke:
1) Amy Cheshire with one donation of time from Shirli Weiss 2) Diana Kutlow representing Senator Catherine Blakespear Mayor Gaasterland closed public oral communication.
CITY COUNCIL COMMUNITY ANNOUNCEMENTS
None.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the Updated Notice of Preparation (NOP) released by the the San Diego Association of Governments (SANDAG) for the LOSSAN Rail Realignment Project, the public comment period for which closes on June 30, 2025, and City Council’s consideration of the City’s formal comment letter at the June 16, 2025, City Council meeting; and provided information about the City’s oncall services number, (858) 756-1126, to be used to report non-life-threatening, after-hours operational emergencies.
5 June 16, 2025 Item 1
City Council Regular Minutes
June 2, 2025
PRESENTATIONS
ITEM 1: Proclamation Honoring Linda Chisari as the Del Mar Community Connections Volunteer of the Year (CLERK’S FILE NO. 1201-5)
Mayor Gaasterland presented a proclamation honoring Linda Chisari as the Del Mar Community Connections Volunteer of the Year.
Mayor Gaasterland opened the item to public comment and the following people spoke:
1) Ashley Simpkins
2) Betty Wheeler
3) Frank Chisari
Mayor Gaasterland closed the item to public comment.
Council discussion focused on appreciation to Linda Chisari for her service to the 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 COUNCILMEMBER SPELICH, SECONDED BY DEPUTY MAYOR MARTINEZ TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 11. (VOTE 4-0) Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: MAY 19, 2025 REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED JUNE, 2, 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: SECOND READING AND ADOPTION 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 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)
Council adopted Ordinance 1018, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL CODE 6 June 16, 2025 Item 1
City Council Regular Minutes
June 2, 2025
CHAPTERS 23.07, 24.66, 30.13, 30.15, AND 30.93 AS ADOPTED BY PROSPECTIVE ORDINANCE NO. 996; ALL RELATING TO AMENDMENTS REQUIRED BY THE
CALIFORNIA COASTAL COMMISSION AS A CONDITION OF APPROVAL FOR THE CITY TO OBTAIN FINAL CERTIFICATION OF THE SENATE BILL 9 IMPLEMENTATION REGULATIONS LOCAL COASTAL PROGRAM AMENDMENT”, on consent.
ITEM 6: AMENDMENT TO AGREEMENT WITH TRUE NORTH COMPLIANCE SERVICES, INC.
FOR BUILDING AND SAFETY SERVICES (CLERK’S FILE NO. 406-1) Council approved the First Amendment to the Agreement with True North Compliance Services, Inc. for Building and Safety Services extending the term for an additional fiveyear period ending June 30, 2030; and authorized the City Manager to execute the Amendment, on consent.
ITEM 7: AGREEMENT FOR AUDIT SERVICES (CLERK’S FILE NO. 406-1) Council approved a professional services agreement with Davis Farr, LLP to provide audit services to the City for an initial three-year period effective July 1, 2025, through June 30, 2028; and authorized the City Manager to execute the agreement and any subsequent term extension amendments provided for in the agreement contingent upon satisfactory performance by the consultant, on consent.
ITEM 8: RESTRUCTURING THE SALE OF RECLAIMED WATER TO THE 22ND DISTRICT AGRICULTURAL ASSOCIATION (CLERK’S FILE NO. 406-1)
Council adopted Resolution 2025-12, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, RESCINDING RESOLUTION 2000-19 ADOPTING RULES AND REGULATIONS FOR RECYCLED WATER SERVICE”; approved an Agreement with the San Elijo Joint Powers Authority Regarding Delivery of Reclaimed Water and Delegation of Responsibilities Under the Water Recycling Act of 1991; approved the Fourth Amendment to the Reclaimed Water Sales Agreement with the San Elijo Joint Powers Authority and the 22nd District Agricultural Association; and authorized the City Manager to execute the Agreement and the Fourth Amendment, on consent.
ITEM 9: FISCAL YEAR 2025-2026 SENATE BILL 1 FUNDING FOR THE CITY'S PAVEMENT MANAGEMENT PROGRAM (CLERK’S FILE NO. 401-7, 803-3)
Council adopted Resolution 2025-13, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017”, on consent.
ITEM 10: AWARD OF CONSTRUCTION CONTRACT TO PORTILLO CONCRETE, INC. FOR THE 2025 ASPHALT ROADWAY REPAIRS (CLERK’S FILE NO. 406-1)
Council awarded a $60,000 construction contract to Portillo Concrete, Inc. for the 2025 Asphalt Roadway Repairs project; and authorized the City Manager to execute the contract, on consent.
ITEM 11: PROPOSAL FOR PHASE II OF THE TEMPORARY SCULPTURE PROGRAM (CLERK’S FILE NO. 1202-5, 1202-11)
7 June 16, 2025 Item 1
City Council Regular Minutes
June 2, 2025
Council authorized the City Manager to sign the Memorandum of Understanding between the City and Del Mar Foundation for Phase II of the City’s Temporary Outdoor Sculpture Program; and, approved the five art sculptures, plus one alternate, proposed by the Foundation for Council consideration and approval, on consent.
PUBLIC HEARING
ITEM 12: INTRODUCTION OF AN ORDINANCE ADOPTING AN UPDATED FIRE HAZARD SEVERITY ZONE MAP FOR THE CITY OF DEL MAR (CLERK’S FILE NO. 401-4,401- 9)
A presentation was provided by Fire Chief Josh Gordon and Acting Fire Marshal Jordan Villagomez.
Council questions and discussion focused on the changes to the fire areas identified in the prior map; wind speed; and undergrounding utilities as a fire prevention measure.
There were no public speakers for the item.
IT WAS MOVED BY MAYOR GAASTERLAND AND SECONDED BY DEPUTY MAYOR MARTINEZ
TO INTRODUCE AN ORDINANCE AMENDING THE DEL MAR MUNICIPAL CODE TO ADD SECTION
10.04.015 REFLECTING LOCAL ADOPTION OF THE DEL MAR FIRE HAZARD SEVERITY ZONES
MAP (FHSZ MAP) TO DESIGNATE MODERATE, HIGH, AND VERY HIGH FIRE HAZARD SEVERITY
ZONES TO COMPLY WITH THE REQUIREMENTS OF CALIFORNIA GOVERNMENT CODE SECTION 51179. (VOTE 4-0)
Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
CITY COUNCIL OTHER BUSINESS
ITEM 13: CONSIDERATION OF AN IBANK BORROWER’S RESOLUTION RELATED TO UNDERGROUNDING PROGRAM FINANCING (CLERK’S FILE NO. 1001-2) An introduction to the item was provided by City Manager Jones. A presentation was provided by Finance Manager/Treasurer Marco Camacho. Principal Engineer Martin Boyd and City consultants Craig Hill, Managing Principal and Leslie Bloom, Vice President with NHA Advisors, LLC.
Council questions focused on the updated cash flow model provided by NHA Advisors; anticipated unused contingency funds for Utility Undergrounding District (UUD) 1A (Stratford Court South); payment requirements for SDG&E’s portion of the undergrounding work; clarification on provisions of the borrower’s resolution; whether there is a penalty if the City adopts the borrower’s resolution and then does not execute the loan; whether the loan is needed to begin UUD X1A (Crest Canyon) on schedule; likelihood the IBank Board will approve the City’s application; amount of the loan; whether Measure Q revenue is predictable and consistent; when the borrowing amounts can be adjusted down prior to closing; and staff time spent on the application.
Mayor Gaasterland opened the item to public comment and Amy Cheshire spoke. Mayor Gaasterland closed the item to public comment.
8 June 16, 2025 Item 1
City Council Regular Minutes
June 2, 2025
Council discussion focused on approval of the resolution knowing that the amount will be $11 million or less; desire to keep the project moving in accordance with the identified project timelines; quarterly cash flow model prepared by Councilmember Quirk; next steps related to briefing the Undergrounding Program Advisory Committee (UPAC); and timing for UPAC and City Council to receive an updated cash flow and project timeline for future undergrounding districts.
IT WAS MOVED BY COUNCILMEMBER SPELICH AND SECONDED BY MAYOR GAASTERLAND TO APPROVE RESOLUTION 2025-14, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DEL MAR, CALIFORNIA AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK (“IBANK”) FOR
FINANCING A CAPITAL IMPROVEMENT PROJECT, AUTHORIZING THE INCURRING OF AN
OBLIGATION PAYABLE TO IBANK FOR THE FINANCING OF A CAPITAL IMPROVEMENT
PROJECT IF IBANK APPROVES SAID APPLICATION, DECLARATION OF OFFICIAL INTENT TO
REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF AN OBLIGATION, AND APPROVING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH.” (VOTE 4-0) Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 14: DISCUSSION OF REGULATIONS FOR 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.
Council questions focused on policy considerations related to cycling on sidewalks and the Coast to Crest Trail.
There were no public speakers for the item.
Council consensus was to direct staff to proceed with Sidewalk Option 2 as identified by staff, which will prohibit bicycles on all sidewalks, with exceptions for specified areas, and when reasonably necessary to leave the road to avoid debris or other hazardous conditions; and trail restriction amendment to permit bikes, including class 1 and 2 e-bikes, on the Coast to Crest Trail.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
None.
ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 7:04 p.m.
Sarah Krietor, Administrative Services Manager/
City Clerk
9 June 16, 2025 Item 1
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
JUNE 2, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
CALL TO ORDER
The special meeting had a scheduled start time of 7:00 p.m. However, with the absence of Mayor Gaasterland and Councilmember Quirk, the City Attorney determined that there was no quorum to convene a closed session meeting and therefore only a legal briefing with the members present would be possible. The briefing with legal counsel started at approximately 7:05 p.m.
ROLL CALL
Present: Deputy Mayor Tracy Martinez and Councilmembers John Spelich
Absent: Mayor Terry Gaasterland and Councilmember Dan Quirk
CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Short-term Rental Regulations
Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None.
ADJOURNMENT
No formal closed session meeting occurred. The legal briefing with two Councilmembers as described above concluded at approximately 7:45 p.m.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
10 June 16, 2025 Item 1
Vendor Payment Checks $ 1,773,523.26
Voids -
Electronic Fund Transfers (EFT) 535,805.55
Electronic Wires 286,871.46
Total $ 2,596,200.27
Approved by: Approved by:
Marco Camacho Terry Gaasterland
Finance Manager/Treasurer Mayor
Date: Date:
Attachments: Check Registers
LIST OF DEMANDS
CITY OF DEL MAR
for
City Council Meeting
June 16, 2025
1 June 16, 2025 Item 2
05/29/2025
Check List
City of Del Mar
1 11:33:58AM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6873 5/30/2025 lif06 GEN DIGITAL INC. 10010578040 5/15/2025 VOL LIFELOCK BENEFIT 135.92 135.92 Voucher: 6873
6874 5/30/2025 leg04 LEGALACCESSPLANS USA, CREDIT TO 1000178 51382 5/1/2025 VOL LEGAL INS 179.50 179.50 Voucher: 6874
Sub total for EFT GENERAL ACCOUNT US BANK: 315.42
Page: 1
2 June 16, 2025 Item 2
05/29/2025
Check List
City of Del Mar
2 11:33:58AM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 8086 5/30/2025 hea02 HEALTH NET BFC29AJUN25 5/15/2025 HEALTH INS JUN 36,328.85 36,328.85 Voucher: 8086
8087 5/30/2025 kai01 KAISER PERMANENTE 475311840892 5/10/2025 HEALTH INS JUN 17,190.67 17,190.67 Voucher: 8087
8088 5/30/2025 mut01 MUTUAL OF OMAHA 001891848426 5/14/2025 AD&D B&D JUN 4,751.75 4,751.75 Voucher: 8088
8089 5/30/2025 pri11 PRINCIPAL FINANCIAL GROUP, PLIC-SBD GRAND ISLAND 1003938-10001JUN25 5/17/2025 DENTAL INS JUN 5,640.26 5,640.26 Voucher: 8089
8090 5/30/2025 sun11 SUN LIFE ASSURANCE CO, OF CANADA 915639-0001JUN255/15/2025 FF LIFE INS JUN 54.00 54.00 Voucher: 8090
139709 5/30/2025 cap01 CAPF CA PUBLIC SAFETY ADMIN Ben180124 5/16/2025 CAPF: PAYMENT 234.00 234.00 Voucher: 139709
Sub total for GENERAL ACCOUNT US BANK: 64,199.53
Page: 2
3 June 16, 2025 Item 2
05/29/2025
Check List
City of Del Mar
3 11:33:58AM
apChkLst Final Page:
8 checks in this report. Grand Total All Checks: 64,514.95 Page: 3
4 June 16, 2025 Item 2
05/29/2025
Check List
City of Del Mar
1 3:21:02PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 4122 5/30/2025 irs01 IRS, UNITED STATES TREASURY Ben180282 5/30/2025 FEDERAL TAX: PAYMENT 40,348.48 40,348.48 Voucher: 4122
4123 5/30/2025 per01 PERS Ben180284 5/30/2025 PERS CONTRIBUTIONS: PAYMENT 54,595.49 54,595.49 Voucher: 4123
4124 5/30/2025 edd01 EMPLOYMENT DEVELOPMENT DEPT Ben180286 5/30/2025 STATE TAX: PAYMENT 11,351.28 11,351.28 Voucher: 4124
4125 5/30/2025 per02 PERS 457 Ben180288 5/30/2025 CALPERS 457 DEFERRED COMP: PAYMENT 2,661.25 2,661.25 Voucher: 4125
4126 5/30/2025 ida01 IDAHO STATE TAX COMMISSIONBen180290 5/30/2025 IDAHO STATE TAX COMMISSION: PAYMENT 397.30 397.30 Voucher: 4126
Sub total for GENERAL ACCOUNT US BANK: 109,353.80
Page: 1
5 June 16, 2025 Item 2
05/29/2025
Check List
City of Del Mar
2 3:21:02PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6875 5/30/2025 mis07 107413 STATE ST BANK & TRUST, MS 107413 PLAN 401A Ben180278 5/30/2025 401A PLAN: PAYMENT 539.00 539.00 Voucher: 6875
6876 5/30/2025 mis08 303845 STATE ST BANK & TRUST, MS 457 PLAN OBI 303845 Ben180276 5/30/2025 MISSION SQUARE 457B: PAYMENT 9,279.33 9,279.33 Voucher: 6876
6877 5/30/2025 mis09 803808 STATE ST BANK & TRUST, MS RHS PLAN OBI 803808 Ben180280 5/30/2025 RETIREMENT HEALTH SAVINGS 3%: PAYMENT 721.88 721.88 Voucher: 6877
6878 5/30/2025 par21 U.S. BANK PARS FFC 6746022400, CITYDELMAR ATTN B BERGMAN Ben180274 5/30/2025 PUBLIC AGENCY RETIREMENT SRVCS: PAYMENT 2,558.03 2,558.03 Voucher: 6878
Sub total for EFT GENERAL ACCOUNT US BANK: 13,098.24
Page: 2
6 June 16, 2025 Item 2
05/29/2025
Check List
City of Del Mar
3 3:21:02PM
apChkLst Final Page:
9 checks in this report. Grand Total All Checks: 122,452.04 Page: 3
7 June 16, 2025 Item 2
06/02/2025
Check List
City of Del Mar
1 3:06:33PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6879 6/3/2025 als02 ALS GROUP USA CORP 522503265 5/19/2025 WATER SAMPLING MAY 676.00 676.00 Voucher: 6879
6880 6/3/2025 avi03 AVI SYSTEMS INC 1171570 2/13/2025 CHARACTER GENERATOR 21,393.28 21,393.28 Voucher: 6880
6881 6/3/2025 cha71 CHARTER COMM HOLDINGS LLC, CHARTER COMMUNICATIONS 189125601 5/14/2025 INTERNET CH MAY 1,409.77 Voucher: 6881 189123701 5/14/2025 FIBER CONNECTION PW MAY 608.79 189125301 5/14/2025 CH FIBER LFGRD MAY 510.77
189123101 5/14/2025 LIFEGUARD FIBER MAY 510.77
189123801 5/14/2025 LFGRD FIBER MAY 446.27
189125701 5/14/2025 CH FIBER TO FIRE MAY 446.27
189125801 5/14/2025 VIDEO TRANSPORT/PEG MAY 335.35
189112801 5/14/2025 VIDEO TRANSPORT/PEG MAY 335.35
189123401 5/14/2025 CABLE/INTERNET PW MAY 231.19
189125401 5/14/2025 DMTV INTERNET MAY 119.99
189125501 5/14/2025 PUBLIC WIFI CH MAY 119.99
189123001 5/14/2025 LFGRD CABLE INTERNET MAY 100.00
189125201 5/14/2025 INTERNET TV STUDIO MAY 93.34 5,267.85 6882 6/3/2025 coa21 COAST NEWS GROUP 00157143 6/2/2025 AD - PUBLIC HEARING 205.38 Voucher: 6882 00157205 5/23/2025 AD - ADOPT OF ORDIN 89.13 00157206 5/23/2025 AD - ORDIN INTRO 65.88 360.39
6883 6/3/2025 cor15 CORONADO MOBILE STORAGE INC JUN-25 6/1/2025 STORAGE CONTRS JUNE 255.00 255.00 Voucher: 6883
6884 6/3/2025 dev02 DEVANEY PATE MORRIS & CAMERON 10479 5/15/2025 CITY ATTORNEY APR 37,617.60 Voucher: 6884 10478 5/15/2025 LEGAL FEES APR 7,852.33
10477 5/15/2025 LEGAL FEES APR 1,494.50
10440 5/9/2025 LEGAL FEES APR 244.00
10475 5/15/2025 LEGAL FEES APR 98.00
10476 5/15/2025 LEGAL FEES APR 98.00 47,404.43
6885 6/3/2025 dix01 DIXIELINE LUMBER CO 06-0598861 5/15/2025 MAINT/REPAIR SUPP PW 46.93 Voucher: 6885 06-0598500 5/13/2025 OPERATING SUPP PW 45.93 06-0599413 5/20/2025 MAINT/REPAIR SUPP PW 27.36
06-0599387 5/20/2025 OPERATING SUPP PW 3.22 123.44
6886 6/3/2025 fer07 FERGUSON ENTERPRISES LLC, DBA FERGUSON WATERWORKS 0881148 5/9/2025 WATER METER PARTS PW 2,072.78 2,072.78 Voucher: 6886
Page: 1
8 June 16, 2025 Item 2
06/02/2025
Check List
City of Del Mar
2 3:06:33PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6887 6/3/2025 adt01 JOHNSON CONTROLS SEC SOLUTIONS 24690093 5/1/2025 ALARM LIBRARY JUL/AUG 258.17 258.17 Voucher: 6887
6888 6/3/2025 kle01 KLEINFELDER 1533220 5/19/2025 CDM BRIDGE APR 139,558.80 139,558.80 Voucher: 6888
6889 6/3/2025 man12 MANERI TRAFFIC CONTROL INC, DBA MTC 23597 5/15/2025 MAINT/REPAIR SUPP PW 261.00 Voucher: 6889 23596 5/15/2025 MAINT/REPAIR SUPP PW 195.75 456.75 6890 6/3/2025 mot05 MOTOROLA SOLUTIONS, INC8282138477 5/23/2025 RADIO BATTERIES CS 1,648.65 1,648.65 Voucher: 6890
6891 6/3/2025 san03 SAN DIEGO COUNTY WATER AUTH. 05192025 5/19/2025 SDCWA CAP CHRGS-461 ZUNI 3,818.00 3,818.00 Voucher: 6891
6892 6/3/2025 wex01 WEX BANK 0496-00-496745-1 5/23/2025 GAS & OIL CS 1,082.21 1,082.21 Voucher: 6892
Sub total for EFT GENERAL ACCOUNT US BANK: 224,375.75
Page: 2
9 June 16, 2025 Item 2
06/02/2025
Check List
City of Del Mar
3 3:06:33PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139710 6/3/2025 atk02 ATKINSON, ANDELSON, LOYA, RUDD 749490 4/30/2025 LEGAL FEES APR 13,001.63 13,001.63 Voucher: 139710
139711 6/3/2025 bar29 BARNETT QUALITY CONTROL SRVCS, DBA NOVA SRVCS INC 24660 5/10/2025 JDB MITIGATION B 1,855.00 Voucher: 139711 24661 5/10/2025 STRATFORD COURT PROJ 1,513.10 3,368.10 139712 6/3/2025 nes01 BLUETRITON BRANDS INC, DBA READYREFRESH 15D8710074974 4/24/2025 WATER CH 73.92 73.92 Voucher: 139712
139713 6/3/2025 cit07 CITY OF SAN DIEGO 1000409611 2/4/2025 PENSAQUITOS SEWER O&M 409.00 409.00 Voucher: 139713
139714 6/3/2025 hds01 CORE & MAIN LP W980472 5/16/2025 WATER METER PARTS 1,457.19 1,457.19 Voucher: 139714
139715 6/3/2025 lee01 DCL ENTERPRISES INC DBA, LEE'S LOCK & SAFE CT00131467 5/21/2025 MAINT/REPAIR PW 86.20 86.20 Voucher: 139715
139716 6/3/2025 del06 DEL MAR AUTOMOTIVE SERVICE 50029 5/21/2025 VEHICLE MAINT #393 CS 1,492.03 1,492.03 Voucher: 139716
139717 6/3/2025 gcf01 GILBERT CASTRO, DBA GC FENCE CORP 000158 5/12/2025 FENCE SRVCS 11TH ST 4,965.00 Voucher: 139717 000159 5/12/2025 FENCE SRVCS 15TH ST 4,765.00 9,730.00 139718 6/3/2025 gra02 GRAINGER 9505266966 5/13/2025 MAINT/REPAIR SUPP PW 413.87 413.87 Voucher: 139718
139719 6/3/2025 kin02 KING GRAPHICS 50208 5/21/2025 UNIFORMS CS 864.00 864.00 Voucher: 139719
139720 6/3/2025 mcd03 MCDANIEL, AARON 05272025 5/27/2025 JR LFGRD REFUND 200.00 200.00 Voucher: 139720
139721 6/3/2025 oce09 OCEAN ENTERPRISES 569698 5/24/2025 EQUIP MAINT/REPAIR CS 948.84 948.84 Voucher: 139721
139722 6/3/2025 sdg01 SAN DIEGO GAS & ELECTRIC91132961 5/6/2025 SDG&E STRATFORD CT UUD1A 1,592,881.00 1,592,881.00 Voucher: 139722
139723 6/3/2025 sou02 SOUTHCOAST HEATING & AIR COND. 1434056 5/15/2025 HVAC SRVCS LIBRARY 388.00 388.00 Voucher: 139723
139724 6/3/2025 sou28 SOUTHERN CALIFORNIA AIR, CONDITIONING SUPPLY CO 685876 4/25/2025 HVAC SRVCS CS 6,307.90 6,307.90 Voucher: 139724
139725 6/3/2025 ssm01 SS MECHANICAL CONSTRUCTION 25340-01 5/21/2025 MANHOLES INSTALLATION PW 44,877.00 44,877.00 Voucher: 139725
139726 6/3/2025 ter11 TERMINIX COMMERCIAL 459727049 5/16/2025 PEST CONTROL SRVCS PW 140.98 140.98 Voucher: 139726
Page: 3
10 June 16, 2025 Item 2
06/02/2025
Check List
City of Del Mar
4 3:06:33PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139727 6/3/2025 ter01 TERMINIX INT CO LTD, PARTNERSHIP 459727182 5/16/2025 PEST CONTROL SRVCS FIRE 57.24 57.24 Voucher: 139727
139728 6/3/2025 tiw01 TIWANA, AMRINDER 06022025 6/2/2025 PAYMENT REFUND 2,976.85 2,976.85 Voucher: 139728
139729 6/3/2025 uli02 ULINE 192821551 5/13/2025 OPERATING SUPP PW 61.05 Voucher: 139729 191144789 4/2/2025 OPERATING SUPP PW 1,167.13 1,228.18 139730 6/3/2025 vis07 VISTA PAINT CORPORATION 2025-931291-00 5/16/2025 TRAFFIC PAINT PW 495.43 495.43 Voucher: 139730
139731 6/3/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83246676 5/20/2025 JANITORIAL SUPP PW 2,481.88 Voucher: 139731 83247018 5/20/2025 JANITORIAL SUPP PW 1,986.61 4,468.49 139732 6/3/2025 wes29 WEST COAST ARBORISTS INC229141 4/30/2025 TREE MAINT 4/16 - 4/30 1,545.75 1,545.75 Voucher: 139732
Sub total for GENERAL ACCOUNT US BANK: 1,687,411.60
Page: 4
11 June 16, 2025 Item 2
06/02/2025
Check List
City of Del Mar
5 3:06:33PM
apChkLst Final Page:
37 checks in this report. Grand Total All Checks: 1,911,787.35 Page: 5
12 June 16, 2025 Item 2
06/03/2025
Check List
City of Del Mar
1 11:41:22AM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6893 6/4/2025 wex01 WEX BANK 0496-00-496530-7 5/6/2025 GAS & OIL PW 4,449.55 4,449.55 Voucher: 6893
Sub total for EFT GENERAL ACCOUNT US BANK: 4,449.55
Page: 1
13 June 16, 2025 Item 2
06/03/2025
Check List
City of Del Mar
2 11:41:22AM
apChkLst Final Page:
1 checks in this report. Grand Total All Checks: 4,449.55 Page: 2
14 June 16, 2025 Item 2
06/09/2025
Check List
City of Del Mar
1 3:11:56PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6894 6/10/2025 ace02 ACE UNIFORMS LLC SD0225969 5/30/2025 NAMETAGS CS 24.00 24.00 Voucher: 6894
6895 6/10/2025 kay01 ADAM KAYE MAY-25 5/30/2025 COMM SRVCS MAY 3,900.00 3,900.00 Voucher: 6895
6896 6/10/2025 als02 ALS GROUP USA CORP 522503398 5/28/2025 WATER SAMPLING MAY 496.00 496.00 Voucher: 6896
6897 6/10/2025 cal81 CALLTOWER INC 202555440 5/25/2025 TELEPHONE JUN 340.05 340.05 Voucher: 6897
6898 6/10/2025 cha71 CHARTER COMM HOLDINGS LLC, CHARTER COMMUNICATIONS 8448 41 006 01714635/13/2025 PUBLIC WIFI PHCC MAY 175.20 175.20 Voucher: 6898
6899 6/10/2025 cor07 CORODATA RECORDS MGT INCRS7088188 5/31/2025 STORAGE SRVCS MAY 166.98 166.98 Voucher: 6899
6900 6/10/2025 cor23 CORODATA SHREDDING INC DN 1520749 4/30/2025 SHREDDING SRVCS APR 50.82 50.82 Voucher: 6900
6901 6/10/2025 cor22 CORVEL CORPORATION 1828644 5/19/2025 MED MAINT - JUN 250.00 Voucher: 6901 1830965 5/30/2025 WC SERVICES - MAY 185.00 435.00 6902 6/10/2025 dai03 DAILY DIRECT MAIL 14701-6 5/29/2025 UTILITY BILLS MAY 240.00 Voucher: 6902 14701-5 5/29/2025 UTILITY BILLS - APR 240.00 480.00 6903 6/10/2025 del14 DEL MAR VILLAGE ASSOCIATION 12 6/9/2025 DMVA AGRMNT APR 22,566.39 22,566.39 Voucher: 6903
6904 6/10/2025 dix01 DIXIELINE LUMBER CO 06-0600203 5/27/2025 OPERATING SUPP CS 263.01 Voucher: 6904 06-0599709 5/21/2025 OPERATING SUPP PW 130.47 06-0599636 5/21/2025 OPERATING SUPP PW 130.15
06-0599749 5/21/2025 OPERATING SUPP PW 60.90
06-0599596 5/21/2025 OPERATING SUPP PW 44.02
06-0599712 5/21/2025 OPERATING SUPP PW 27.48 656.03
6905 6/10/2025 gov03 GOVINVEST INC 2025-6382 6/6/2025 ANNUAL SUBSCRPN FEE 10,589.00 10,589.00 Voucher: 6905
6906 6/10/2025 lif01 LIFE-ASSIST 1604570 5/30/2025 AMBULANCE SUPP FIRE 391.50 391.50 Voucher: 6906
6907 6/10/2025 man12 MANERI TRAFFIC CONTROL INC, DBA MTC 23650 5/23/2025 MAINT/REPAIR SUPP PW 81.56 81.56 Voucher: 6907
6908 6/10/2025 pru01 PRUDENTIAL OVERALL SUPPLY132316209 5/23/2025 UNIFORMS PW - 5/23 118.75 118.75 Voucher: 6908
Page: 1
15 June 16, 2025 Item 2
06/09/2025
Check List
City of Del Mar
2 3:11:56PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6909 6/10/2025 red04 REDFLEX TRAFFIC SYSTEMS INC INV0101120 5/31/2025 RED LIGHT CAMERA MAY 5,283.00 5,283.00 Voucher: 6909
6910 6/10/2025 san12 SAN DIEGO COUNTY SHERIFF05302025 5/30/2025 LAW ENF APR 227,248.46 227,248.46 Voucher: 6910
6911 6/10/2025 tow05 TOWNSEND PUBLIC AFFAIRS INC 23506 6/1/2025 LEGISLATIVE SRVCS JUN 4,000.00 4,000.00 Voucher: 6911
Sub total for EFT GENERAL ACCOUNT US BANK: 277,002.74
Page: 2
16 June 16, 2025 Item 2
06/09/2025
Check List
City of Del Mar
3 3:11:56PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139733 6/10/2025 adt02 ADT SECURITY SERVICES 1141734615 5/19/2025 ALARM 1658 COAST JUN/SEP 145.47 145.47 Voucher: 139733
139734 6/10/2025 air10 AIRX UTILITY SURVEYORS, INC24190 5/15/2025 UUD 1B STRATFORD CT N 7,550.00 7,550.00 Voucher: 139734
139735 6/10/2025 sbc03 AT&T 9391054486 5/20/2025 TELEPHONE MAY 186.06 Voucher: 139735 9391026230 5/20/2025 TELEPHONE MAY 63.18 9391031506 5/20/2025 TELEPHONE MAY 61.99
9391026231 5/20/2025 TELEPHONE MAY 61.99
9391026228 5/20/2025 TELEPHONE MAY 31.77
9391065056 5/27/2025 TELEPHONE MAY 30.04
9391065053 5/27/2025 TELEPHONE MAY 30.03
9391065054 5/27/2025 TELEPHONE MAY 30.03
9391065055 5/27/2025 TELEPHONE MAY 30.03 525.12
139736 6/10/2025 azt02 AZTEC LANDSCAPING INC, DBA AZTEC JANITORIAL J2038 4/7/2025 JANITORIAL SUPP CH 219.50 219.50 Voucher: 139736
139737 6/10/2025 bel06 BELEZZUOLI, ERNEST 06022025 6/2/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 139737
139738 6/10/2025 nes01 BLUETRITON BRANDS INC, DBA READYREFRESH 05E8710074974 5/22/2025 WATER CH 239.88 239.88 Voucher: 139738
139739 6/10/2025 bur17 BURKE, BRADLEY J 06022025 6/2/2025 PHCC EVENT REFUND 410.00 410.00 Voucher: 139739
139740 6/10/2025 car30 CARSTENS, BLACK & MINTEER LLP 34972 6/5/2025 SANDAG LOSSAN SRVCS MAY 1,522.50 1,522.50 Voucher: 139740
139741 6/10/2025 chi03 CHICAGO TITLE COMPANY 73725003882-1 6/4/2025 TITLE REPORT - PH 750.00 750.00 Voucher: 139741
139742 6/10/2025 cin02 CINTAS 5272716402 5/29/2025 FIRST AID KIT SUPPLIES PW 221.10 Voucher: 139742 5273255215 6/2/2025 FIRST AID KIT SUPPLIES CH 40.67 261.77 139743 6/10/2025 cit07 CITY OF SAN DIEGO 1000419904 5/20/2025 WATER TREATMENT APR 25,224.57 Voucher: 139743 1000417545 4/30/2025 METRO SEWER Q4 6,630.00 31,854.57 139744 6/10/2025 cou16 COUNTY OF SAN DIEGO - REGIONAL, COMM SYSTEM 25CTOFDMM11 6/1/2025 RCS PAGING SRVCS CS - MAY 239.76 Voucher: 139744 25CTOFDMC11 6/1/2025 RCS PAGING SRVCS - MAY 70.00 309.76 139745 6/10/2025 lee01 DCL ENTERPRISES INC DBA, LEE'S LOCK & SAFE 0000096273 5/21/2025 FACILITY REPAIRS PW 4,970.18 4,970.18 Voucher: 139745
139746 6/10/2025 del06 DEL MAR AUTOMOTIVE SERVICE 50046 5/28/2025 VEHICLE MAINT #81 PW 92.25 92.25 Voucher: 139746
Page: 3
17 June 16, 2025 Item 2
06/09/2025
Check List
City of Del Mar
4 3:11:56PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139747 6/10/2025 bee04 DENNIS L JOBE, DBA BEE CHASER 187016 5/24/2025 BEE REMOVAL MAY 200.00 200.00 Voucher: 139747
139748 6/10/2025 fer01 FERRELLGAS LP 1130205699 4/1/2025 PROPANE FIRE 11.95 11.95 Voucher: 139748
139749 6/10/2025 fis12 FISHER INTEGRATED INC 2243 6/1/2025 VIDEO STREAMING MAY 1,100.00 Voucher: 139749 2230 5/1/2025 VIDEO STREAMING APR 1,100.00 2,200.00 139750 6/10/2025 lal01 JOHN B LALLEY JR, DBA LALLEY CONSTRUCTION S 251 5/10/2025 ELECTRICAL SRVCS PW 1,492.00 1,492.00 Voucher: 139750
139751 6/10/2025 kin02 KING GRAPHICS 50214 5/21/2025 UNIFORMS JR LFGRD CS 8,735.13 8,735.13 Voucher: 139751
139752 6/10/2025 boh02 NANCY K. BOHL INC. DBA:, THE COUNSELING TEAM INTL INV104757 6/2/2025 EAP SERVICES - JUN 390.00 390.00 Voucher: 139752
139753 6/10/2025 nor21 NORTH COUNTY CONCRETE, CUTTING, INC. 3132 4/21/2025 CONCRETE SRVCS PW 375.00 375.00 Voucher: 139753
139754 6/10/2025 pre18 PREMIER AUTOMOTIVE KIA, PREMIER KIA OF CARLSBAD 62112 5/29/2025 VEHICLE REPAIRS CS 5,768.95 5,768.95 Voucher: 139754
139755 6/10/2025 sdg01 SAN DIEGO GAS & ELECTRIC0042 2198 4063 2 5/16/2025 UTILITIES MAR/APR 8,335.49 8,335.49 Voucher: 139755
139756 6/10/2025 sdg02 SAN DIEGO GAS & ELECTRIC0012 6209 1548 9 6/2/2025 UTILITIES JUN 109.50 109.50 Voucher: 139756
139757 6/10/2025 san112 SAN DIEGO HUMANE SOCIETY, & SPCA JUN-25 6/1/2025 ANIMAL SRVCS JUN 4,255.00 4,255.00 Voucher: 139757
139758 6/10/2025 t-mo01 T-MOBILE USA INC 980755647 5/22/2025 TELEPHONE MAY 11.90 11.90 Voucher: 139758
139759 6/10/2025 uli02 ULINE 193266684 5/22/2025 TOOLS/EQUIP PW 590.75 590.75 Voucher: 139759
139760 6/10/2025 ver12 VERIZON 73347835 5/20/2025 TELEPHONE MAY 128.54 128.54 Voucher: 139760
Page: 4
18 June 16, 2025 Item 2
06/09/2025
Check List
City of Del Mar
5 3:11:56PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 139761 6/10/2025 ver03 VERIZON WIRELESS 570653198-00008 5/18/2025 TELEPHONE MAY 1,056.53 Voucher: 139761 570653198-00006 5/18/2025 TELEPHONE MAY 239.53 872374736-00003 5/18/2025 TELEPHONE MAY 227.68
872374736-00004 5/18/2025 TELEPHONE MAY 226.06
542070053-00002 4/20/2025 TELEPHONE APR 168.40
542070053-00002 5/20/2025 TELEPHONE MAY 168.16
570653198-00009 5/18/2025 TELEPHONE MAY 40.42
570653198-00007 5/18/2025 TELEPHONE MAY 38.01 2,164.79
139762 6/10/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83263140 5/28/2025 JANITORIAL SUPP PW 1,457.66 1,457.66 Voucher: 139762
Sub total for GENERAL ACCOUNT US BANK: 85,877.66
Page: 5
19 June 16, 2025 Item 2
06/09/2025
Check List
City of Del Mar
6 3:11:56PM
apChkLst Final Page:
48 checks in this report. Grand Total All Checks: 362,880.40 Page: 6
20 June 16, 2025 Item 2
06/11/2025
Check List
City of Del Mar
1 4:19:09PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 4127 6/13/2025 irs01 IRS, UNITED STATES TREASURY Ben180446 6/13/2025 FEDERAL TAX: PAYMENT 43,009.21 43,009.21 Voucher: 4127
4128 6/13/2025 per01 PERS Ben180448 6/13/2025 PERS CONTRIBUTIONS: PAYMENT 55,508.80 55,508.80 Voucher: 4128
4129 6/13/2025 edd01 EMPLOYMENT DEVELOPMENT DEPT Ben180450 6/13/2025 STATE TAX: PAYMENT 12,144.99 12,144.99 Voucher: 4129
4130 6/13/2025 per02 PERS 457 Ben180452 6/13/2025 CALPERS 457 DEFERRED COMP: PAYMENT 2,661.25 2,661.25 Voucher: 4130
4131 6/13/2025 ida01 IDAHO STATE TAX COMMISSIONBen180454 6/13/2025 IDAHO STATE TAX COMMISSION: PAYMENT 227.88 227.88 Voucher: 4131
Sub total for GENERAL ACCOUNT US BANK: 113,552.13
Page: 1
21 June 16, 2025 Item 2
06/11/2025
Check List
City of Del Mar
2 4:19:09PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 6912 6/13/2025 mis07 107413 STATE ST BANK & TRUST, MS 107413 PLAN 401A Ben180442 6/13/2025 401A PLAN: PAYMENT 539.00 539.00 Voucher: 6912
6913 6/13/2025 mis08 303845 STATE ST BANK & TRUST, MS 457 PLAN OBI 303845 Ben180434 6/13/2025 MISSION SQUARE 457B: PAYMENT 9,867.34 9,867.34 Voucher: 6913
6914 6/13/2025 mis09 803808 STATE ST BANK & TRUST, MS RHS PLAN OBI 803808 Ben180444 6/13/2025 RETIREMENT HEALTH SAVINGS 3%: PAYMENT 721.88 721.88 Voucher: 6914
6915 6/13/2025 uni21 DEL MAR CITY EMPLOYEES ASSOC. Ben180436 6/13/2025 DMCEA DUES: PAYMENT 299.00 299.00 Voucher: 6915
6916 6/13/2025 nat15 NATIONAL BENEFIT SERVICES, LLC, FLEXIBLE BENEFITS DEPT Ben180440 6/13/2025 SEC. 125 FLEXIBLE SAVINGS ACCT: PAYMENT 1,389.10 1,389.10 Voucher: 6916
6917 6/13/2025 par21 U.S. BANK PARS FFC 6746022400, CITYDELMAR ATTN B BERGMAN Ben180438 6/13/2025 PUBLIC AGENCY RETIREMENT SRVCS: PAYMENT 3,747.53 3,747.53 Voucher: 6917
Sub total for EFT GENERAL ACCOUNT US BANK: 16,563.85
Page: 2
22 June 16, 2025 Item 2
06/11/2025
Check List
City of Del Mar
3 4:19:09PM
apChkLst Final Page:
11 checks in this report. Grand Total All Checks: 130,115.98 Page: 3
23 June 16, 2025 Item 2
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Josh Gordon, Fire Chief
Via Ashley Jones, City Manager
DATE: June 16, 2025
SUBJECT: Adoption of an Ordinance Updating the Fire Hazard Severity Zone Map for the City of Del Mar
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council adopt the Ordinance (Attachment A) amending the Del Mar Municipal Code to add Section 10.04.015 reflecting local adoption of the Del Mar Fire Hazard Severity Zones Map (FHSZ Map) to designate Moderate, High, and Very High Fire Hazard Severity Zones (Exhibit 1 to Attachment A) to comply with the requirements of California Government Code Section 51179.
BACKGROUND:
On March 24, 2025, CAL FIRE, through the Office of the State Fire Marshal (OFSM), released updated Local Responsibility Areas (LRAs) FHSZ maps for all California communities, including the City of Del Mar. The updated FHSZ maps represent the most current, science-based assessment of wildfire hazards across the State and mark the first major update since 2007. CAL FIRE’s methodology incorporates modern fire behavior modeling, historical wildfire data, topography, vegetation, weather patterns, and climate trends to identify hazard ratings.
The Del Mar City Council introduced the Ordinance (Attachment A) to adopt its updated FHSZ Map (Exhibit 1 to Attachment A), as required by State law, on June 2, 2025. The agenda report for that item (Item 12) with additional information is available on the City’s website at: https://www.delmar.ca.us/AgendaCenter/ViewFile/Agenda/_06022025-3693.
DISCUSSION/ANALYSIS:
For the City of Del Mar, the updated FHSZ Map (Exhibit 1 to Attachment A) significantly expanded areas in the City that are designated as High and Very High Fire Hazard Severity Zones. Areas not previously identified as high hazard for wildfires, particularly neighborhoods adjacent to open space—are now newly classified and subject to stricter mitigation requirements. This means many residential and commercial properties now fall under more stringent fire safety regulations.
1 June 16, 2025 Item 4
City Council Agenda Report
Adoption of the Updated LRA FHSZ MAP
June 16, 2025
These new designations directly affect Del Mar’s local building codes, require enhanced defensible space (e.g., clearing brush and maintaining safe zones around structures), and trigger additional disclosure obligations for property owners. Any new construction in Very High and High FHSZs must comply with Chapter 7A of the California Building Code (wildfireresistant construction standards) and Government Code Sections 51175–51189, which establish the framework for local wildfire mitigation requirements (Attachment B).
Adoption Timeline
CAL FIRE finalized and publicly released the updated LRA FHSZ maps on March 24, 2025.
Under California Government Code Section 51179, cities are required to adopt these maps by ordinance within 120 days of the State’s final map certification (or by July 22, 2025).
Notification and Opportunities for Public Comment
Prior to adoption, CAL FIRE provided official notice and conducted public hearings to gather input from local agencies, residents, and stakeholders. This process was mandated by Government Code Section 51178 et seq., ensuring there was public engagement in the map development process.
Final Adoption and Implementation
After completing the State’s public comment period and addressing feedback, CAL FIRE certified the final maps. The maps took effect 30 days after publication in the California Regulatory Notice Register, triggering the 120-day compliance timeline described above for local jurisdictions to adopt them by ordinance. While the State accepted feedback on the updated maps under State law (Government Code Section 51179(b)(3)), local agencies, including the City of Del Mar, were prohibited from lowering the fire hazard severity zone classifications set by the OSFM. Only changes that would increase the fire hazard area or risk designation are permitted by the State.
City-Level Actions and Deadlines
Building Code and Ordinance Updates
The City of Del Mar is legally obligated to amend its local ordinances to incorporate the newly designated High and Very High FHSZs. All new construction, major remodels, and certain repairs within these zones must comply with Chapter 7A of the California Building Code and other relevant city code. These changes must be adopted within 120 days of the final map release. The City is required to update its building and fire codes every three years, and the next update, which will incorporate these requirements, will come to the City Council for adoption by the end of the calendar year and go into effect January 1, 2026.
Defensible Space Enforcement
The City must also revise and enforce defensible space policies to align with the updated maps. Vegetation management inspections and compliance efforts, as defined under Government Code 51182, must begin during this same 120-day window. The City is 2 June 16, 2025 Item 4
City Council Agenda Report
Adoption of the Updated LRA FHSZ MAP
June 16, 2025
currently updating these operational programs to comply with the new requirements.
Disclosure Requirements
Effective immediately upon the map’s adoption, California law requires property sellers to disclose a parcel’s location within a designated FHSZ. Real estate disclosures must reflect these new designations, and non-compliance could result in legal exposure for sellers and agents
Enforcement and Compliance Timeline
The City of Del Mar has a transitional period of 120 days from CAL FIRE’s map certification to finalize all required ordinance amendments, enforcement mechanisms, and public education programs (or by July 22, 2025). Delayed compliance may result in legal liabilities, disqualification from certain state grant opportunities, and challenges to resident property insurance coverage.
The Ordinance shall take effect and be in force thirty (30) days after adoption by the City Council.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item.
ENVIRONMENTAL IMPACT:
This action is exempt from review under the California Environmental Quality Act (CEQA) Public Resources Code Section 21000 et. seq. and CEQA regulations (Title 14 of California Code Regulations Section 15000 et. seq.), pursuant to Government Code Sections 51175 (b) and 51179 (a), because the adoption of an ordinance to adopt the Fire Hazard Severity Zones Maps is not considered a project under Division 13 of the Public Resources Code.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This agenda item supports the General Plan Safety Element, which prioritizes minimizing the risk of wildfire in the community.
ATTACHMENTS:
Attachment A – Ordinance Adopting Updated FHSZ Map
Exhibit 1 – Updated FHSZ Map for City of Del Mar
3 June 16, 2025 Item 4
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL
CODE TO ADD SECTION 10.04.015 REFLECTING LOCAL
ADOPTION OF THE DEL MAR FIRE HAZARD SEVERITY ZONES
MAP DESIGNATING MODERATE, HIGH, AND VERY HIGH FIRE
HAZARD SEVERITY ZONES TO COMPLY WITH THE
REQUIREMENTS OF CALIFORNIA GOVERNMENT CODE
SECTION 51179
WHEREAS, California Government Code section 51175 et seq. set forth laws intended to classify lands in the state where moderate, high, and very high fire hazard areas exist in order that public officials may implement measures to reduce fire risks; and WHEREAS, California Government Code section 51178 requires The State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones (FHSZ); and
WHEREAS, California Government Code section 51179 requires a local agency to designate, by ordinance, moderate, high, and very high FHSZ within its jurisdiction within 120 days of receiving such a transmittal from Cal Fire; and WHEREAS, the City of Del Mar Fire Chief has reviewed and accepted the moderate, high, and very high FHSZ as identified by Cal Fire for the City of Del Mar, which map is titled the "Del Mar Fire Hazard Severity Zones" ("FHSZ Map") and is attached hereto as Exhibit "1" and incorporated herein by reference; and WHEREAS, pursuant to Government Code 51178.5, the Del Mar Fire Hazard Severity Zone (FHSZ) Map was made available for review and public comment at the Del Mar City Hall during business hours, and on the City’s website on March 28, 2025. The Del Mar FHSZ Map was also shared in the City’s electronic newsletter, the Del Mar Weekly, on March 28, 2025. These opportunities for the public to review the FHSZ Map satisfy the 30-day public comment notification requirement under Government Code Section 51178.5; and
WHEREAS, on May 23, 2025, the notice of a City Council public hearing was published in the Coast News and mailed notices were sent to all property owners and occupants in the City of Del Mar; and
WHEREAS, on June 2, 2025, the City Council held a duly noticed public hearing and voted to introduce the Fire Hazard Severity Zones Map Ordinance.
NOW, THEREFORE, the City Council of the City of Del Mar, California, hereby ordains as follows:
SECTION ONE:
The City Council hereby finds and declares that: The updated Fire Hazard Severity Zone Map was transmitted to the City of Del Mar by the California Department of Forestry and Fire Protection; The designation of these zones is necessary for public safety and the protection of life, property, and natural resources from wildfire; The Ordinance complies with all applicable procedural and substantive requirements under California law.
Attachment A 4 June 16, 2025 Item 4
Ordinance No. XXXX
SECTION TWO:
The City Council of Del Mar hereby designates within the City of Del Mar the moderate, high, and very high fire hazard severity zones, as required by California Government Code section 51179 and as transmitted by the Director of the California Department of Forestry and Fire Protection. The fire hazard severity zones are designated on a map titled "Del Mar Fire Hazard Severity Zones" (FHSZ Map). The FHSZ Map is intended to be used in conjunction with the most current edition of the California Building Standards Code (Title 24) and supersedes any other maps previously adopted by the City of Del Mar designating fire hazard severity zones.
SECTION THREE:
That Chapter 10.04 Fire Code of the Del Mar Municipal Code be amended to add Section
10.04.015 reflecting local adoption of the Del Mar Fire Hazard Severity Zones Map to read as follows:
Section 10.04.015 – Adoption of Del Mar Fire Hazard Severity Zones Map On June 16, 2025, the City of Del Mar adopted the Del Mar Fire Hazard Severity Zones Map (FHSZ Map). A copy of the map is on file with the City Clerk.
SECTION FOUR:
The City shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the FHSZ Map provided by the State Fire Marshal, and the City shall transmit a copy of the adopted ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption, as required by Government Code Section 51179.
SECTION FIVE:
This action is exempt from review under the California Environmental Quality Act (CEQA) Public Resources Code Section 21000 et. seq. and CEQA regulations (Title 14 of California Code Regulations Section 15000 et. seq.), pursuant to Government Code Sections 51175 (b) and 51179 (a), because the adoption of an ordinance to adopt the Fire Hazard Severity Zones Maps is not considered a project under Division 13 of the Public Resources Code.
SECTION SIX:
The Del Mar Fire Department is authorized to enforce this Ordinance and may conduct inspections, issue citations, and take other actions necessary to ensure compliance.
SECTION SEVEN:
Any provision of the Del Mar Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
Attachment A 5 June 16, 2025 Item 4
Ordinance No. XXXX
SECTION EIGHT:
If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.
SECTION NINE:
This Ordinance shall take effect and be in force thirty (30) days after its passage and the City Clerk of the City of Del Mar is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing a newspaper of general circulation published in the City of Del Mar.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held this 16th day of June, 2025. ________________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
Attachment A 6 June 16, 2025 Item 4
Ordinance No. XXXX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXXX, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 16th day of June, 2025, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
Attachment A 7 June 16, 2025 Item 4
City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:
Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody
Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:21,000 at 11" x 17"
Km 0 1
Mi 0 1
Moderate
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Del Mar
SAN DIEGO
SAN DIEGO
SOLANA BEACH
S A N D I E G O C O .
March 24, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF DEL MAR – SAN DIEGO COUNTY
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024
Exhibit 1 to Attachment A 8 June 16, 2025 Item 4
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Josh Gordon, Fire Chief
Via Ashley Jones, City Manager
DATE: June 16, 2025
SUBJECT: Resolution Accepting the 2024 State-Mandated Annual Fire Inspections Report
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution (Attachment A) accepting the 2024 report on the status of all State-mandated annual fire inspections in the City of Del Mar in conjunction with Senate Bill (SB) 1205 and California Health and Safety Code Section 13146.4.
BACKGROUND:
On September 27, 2018, the Governor of the State of California signed SB 1205. The bill mandates that every city fire department report annually to its administering authority on its compliance with the Health and Safety Code, Sections 13146.2 and 13146.3. SB 1205 states that the report occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.
DISCUSSION/ANALYSIS:
The California State Fire Marshal, through the California Health and Safety Code, mandates that certain occupancy types be inspected annually. These mandated occupancy types include private and public schools, hotels, motels, lodging houses, and apartment/condominium buildings in accordance with California Health and Safety Code Sections 13146.2 and 13146.3.
The purpose of annual fire inspections is to mitigate known hazards, reduce risk to the community and ensure reasonable compliance with the California Fire Code. The Del Mar Fire Department performs the mandated inspections, as well as inspections of local businesses, as part of the Fire Department’s annual fire inspection program. The Fire Department completed all (100%) of its state-mandated annual inspections within the calendar year 2024.
California Health and Safety Code Section 13146.2 mandates that the local fire department inspect all hotels, motels and lodging houses annually. The Del Mar Fire Department inspected 7 of 7 hotels, motels and lodging houses during the 2024 calendar year. 1 June 16, 2025 Item 5
City Council Agenda Report
State-Mandated Annual Fire Inspections
June 16, 2025
California Health and Safety Code Section 13146.2 mandates that the local fire department inspect all apartments once annually. An apartment shall consist of three or more attached units and excludes all duplex and townhome buildings as defined by code. The California Building Code also specifies that condominiums should be considered apartments for building code application. The Del Mar Fire Department inspected 23 of 23 Group R apartment/condominium complexes during the 2024 calendar year.
California Health and Safety Code Section 13146.3 mandates that the local fire department inspect all public and private schools once annually. The Del Mar Fire Department inspected all Group E Occupancies (1) during the 2024 calendar year.
In total, the Del Mar Fire Department conducted 31 of 31 state-mandated inspections during the 2024 calendar year.
Further, the acceptance of this compliance report via Resolution fulfills the statutory requirements contained in California Health and Safety Code Sections 13146.2, 13146.3 and 13146.4, as amended by SB 1205.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in the California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This matter is an operational item and is not related to the City Council Goals and Priorities.
ATTACHMENTS:
Attachment A - Resolution 2025-XX
2 June 16, 2025 Item 5
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA ACKNOWLEDGING RECEIPT OF A REPORT
MADE BY THE FIRE CHIEF OF THE DEL MAR FIRE
DEPARTMENT REGARDING THE INSPECTION OF CERTAIN
OCCUPANCIES REQUIRED TO PERFORM ANNUAL
INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO
SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH
AND SAFETY CODE FOR THE CALENDAR YEAR 2024
WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Del Mar Fire Department, that provide fire protection services to perform annual inspections of every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including the Del Mar Fire Department, that provide fire protection services to report annually to its administering authority regarding its compliance with Sections 13146.2 and 13146.3; and
WHEREAS, the City Council of the City of Del Mar intends to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Del Mar Fire Department’s compliance with California Health & Safety Code Sections 13146.2 and 13146.3 by adoption of this resolution.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Del Mar that the City Council has received the calendar year 2024 annual report of inspections conducted by the Del Mar Fire Department under California Health & Safety Code Sections 13146.2 and 13146.3 in the City of Del Mar, as follows:
A. EDUCATIONAL GROUP E OCCUPANCIES:
Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. Within the City of Del Mar, there is one (1) Group E occupancy.
During calendar year 2024, the Del Mar Fire Department completed the annual inspection of one (1) Group E occupancy. This is a compliance rate of 100% for this reporting period.
Additional items of note regarding this compliance rate can be found in the accompanying staff report for this resolution.
Attachment A 3 June 16, 2025 Item 5
Resolution 2025-XX
June 16, 2025
B. RESIDENTIAL GROUP R OCCUPANCIES:
Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), as well as residential care facilities. Within the City of Del Mar, there are 30 Group R occupancies of this nature.
During calendar year 2024, the Del Mar Fire Department completed the annual inspection of 30 Group R occupancies. This is a compliance rate of 100% for this reporting period.
Additional items of note regarding this compliance rate can be found in the accompanying agenda report for this resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar at a regular meeting thereof, held on the 16th day of June 2025. _____________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
Attachment A 4 June 16, 2025 Item 5
Resolution 2025-XX
June 16, 2025
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, Sarah Krietor/Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2025-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 16th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
Attachment A 5 June 16, 2025 Item 5
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Nestor Machado, Management Analyst
Karen Brindley, Planning and Community Development Director Via Ashley Jones, City Manager
DATE: June 16, 2025
SUBJECT: Encroachment Permit 25-050 to Replace an Existing Guardrail and Associated Improvements within the Public Right-of-Way at 218 12th Street Applicant: Del Mar SB, LLC
Applicant Representative: Brian Church Architecture
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council adopt the attached Resolution (Attachment A) conditionally approving Long-term Major Encroachment Permit (EP) 25-050 to replace and improve private encroachments at 218 12th Street.
BACKGROUND:
On the northwest corner of Camino del Mar and 12th Street, sits 1202 Camino del Mar, a commercial property composed of three separate buildings that are undergoing exterior upgrades. At the south side of the 218 12th Street property, also known as Building “B” as part of the 1202 Camino del Mar commercial complex, there is an outdoor patio-like area that sits at a higher elevation than the sidewalk.
This area sits anywhere from four to seven feet above the sidewalk due to the gradual slope.
A dilapidated guardrail and masonry wall exist on City Right-of-Way (ROW), that is encroaching approximately four and a half feet into the ROW. The guardrail sits atop a masonry wall that linearly runs approximately 35.5 feet adjacent to 12th Street. Of note, the property line is a little over 10 feet from the 12th Street side curb. A vicinity map depicting the location of the encroachment is included as Attachment B.
The existing guardrail requires replacement to not pose a safety issue due to its deteriorating condition. In addition, the existing masonry wall requires some repair. The applicant is proposing to replace the guardrail with a new wooden slatted railing to match with the existing railing on private property and the wall will be repaired as required and coated with stucco to match with the existing wall on adjacent private property. Moreover, the Applicant is also proposing to level the walking surface between the building and guardrail to eliminate a 1 June 16, 2025 Item 6
City Council Agenda Report
EP25-050 (218 12th Street)
June 16, 2025
tripping hazard. A site plan depicting the proposed encroachments is included as Attachment C.
An Administrative Design Review (ADR) permit was approved in 2023 under permit ADR22- 047 for the renovation of Buildings B and C on the alley side of the complex at 1202 Camino del Mar, including exterior updates and extending the sidewalk to provide ADA access to Building B. Part of the approved ADR includes a wooden slatted railing and stucco coated wall on the alley side of Building B that is now installed, and photos of the current condition are included as Attachment D.
As the proposed encroachments are in the public ROW, an Encroachment Permit is required for the improvements and for the Applicant to install the new improvements. There is no record of an approved EP for the existing encroachments at the location. Therefore, the current encroachments are unpermitted, and the Applicant is seeking to permit the proposed improvements.
DISCUSSION/ANALYSIS:
Under DMMC §23.28.020, a Long-term Major EP is defined as any improvement designed to or having a permanent appearance and intended for use for a period of 365 days or more and includes, but is not limited to, structures or portions thereof, balconies, cornices and other architectural projections, awnings, below grade vaults, earth-retaining structures extending 12-inches or more in height above the adjacent grade, planter boxes, ramps, fences or walls, and curbs extending 12-inches or more in height above the adjacent grade.
Required Findings
Pursuant to DMMC §23.28.070, there are six (6) required findings to approve a Long-term Major EP that generally relate to public safety, intended use of the right-of-way, community character, aesthetics, and conversion of public land for private use. An EP shall only be approved if the City Council can make all six findings:
Finding 1: That the issuance of the EP will not endanger public health, safety or welfare, or the surrounding property.
Replacing the existing dilapidated guardrail on the south side of the property would not endanger the public’s health, safety, or welfare, nor would it endanger the surrounding property. The guardrail has been in this location for many years with no record of incident or any reported adverse impact. Moreover, the guardrail has and will continue to act as a safety barrier between the relatively level portion of the building and the drop-off between the guardrail and sidewalk, which is required per the California Building Code.
Finding 2: That the issuance of the EP will not unreasonably interfere with the intended use of a City Right-of-Way or Easement.
The replacement and improvement of encroachments that would be authorized under the EP will not unreasonably interfere with the use of the ROW. This portion of the ROW provides a level entryway to the building for ADA access and will not impact the existing adjacent 2 June 16, 2025 Item 6
City Council Agenda Report
EP25-050 (218 12th Street)
June 16, 2025
sidewalk. If the City identifies a future need for this public area, the EP is conditioned to be revocable, and the property owner is obligated to remove the private improvements/encroachments.
Finding 3: That the issuance of the EP will not have an adverse impact on the welfare of the community or on the community’s appearance or aesthetics.
The existing encroachments have been in the City’s ROW for many years without any known complaints from the public and are therefore consistent with the appearance of other properties in the area. The proposed improvements will improve the aesthetics of the community.
Finding 4: That the issuance of the EP will not cause an unnecessary change in the character of the community.
The proposed improvements will not cause an unnecessary change in the character of the community. Building B of the 1202 Camino del Mar complex sits at a higher elevation than the sidewalk and the guardrail acts as a safety barrier between the entrance of the building and the sidewalk.
Finding 5: That the issuance of the EP will not be to the detriment of the interests of the general public.
The proposed improvements will not interfere with existing public use of the surrounding rightof-way, nor will they be a detriment to the interests of the general public. The encroachments are an improvement as the existing wooden guardrail is in deteriorating condition and needs to be replaced.
Finding 6: The proposed Encroachment will not convert significant area of public property to private use.
Given the small area of impact, the proposed encroachments will not convert any existing public use areas into private use. All proposed improvements will enhance existing public use of these areas as described above.
Planning and Community Development Department staff have consulted with the Public Works Department, Community Services Department, and City Manager’s Office and determined that replacing the dilapidated guardrail on the south side of the property would not endanger public health, safety, or welfare, nor would it endanger the surrounding properties. The existing wooden guardrail and masonry wall have been in this location for many years with no record of incident or reported adverse impact and will continue to act as a safety barrier between the entryway of the business and the sidewalk due to the difference in elevation.
As shown in the photographs in Attachment D, the wall and guardrail are at a different elevation than the sidewalk. Removing the encroachments may make the area less safe (e.g., 3 June 16, 2025 Item 6
City Council Agenda Report
EP25-050 (218 12th Street)
June 16, 2025
fall hazard) than if the encroachments remain in place given the location and the drop off onto the sidewalk below. The existing wooden guardrail is in deteriorating condition and the Applicant is constructing significant improvements that will overall improve the aesthetics of the community. The applicant is proposing to match the wooden slatted railing and stucco wall on the alley side of the building to create a seamless transition and appearance.
As a condition of approval of the requested EP, a covenant will be recorded on the property that would require that all private improvements in the ROW be maintained by the property owner in accordance with the EP and the owner will be required to indemnify the City should there ever be a claim of liability by a third party. As is typical with EPs, the permit conditions and covenants will ensure that should the City need this public space in the future, the guardrail and stucco wall are to be removed by the owner at their sole expense.
Based on the above, all required findings can be found to be satisfied. Therefore, staff recommend City Council adopt the Resolution approving Long-term Major EP25-050 (Attachment A).
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the Council related to this agenda item, as this is a private development proposal. All fees associated with entitlement processing are paid for by the Applicant.
ENVIRONMENTAL IMPACT:
Pursuant to the California Environmental Quality Act (CEQA), the proposed project has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15301(Class 1 – Existing Facilities), in that the Project proposes to replace an existing guardrail with minor associated improvements. Further, it has been determined that none of the six exceptions to the use of a Categorical Exemption are applicable because the project will not generate any significant environmental impacts. (See: Guidelines Section 15300.2).
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not included in the City Council’s list of Goals & Priorities.
ATTACHMENTS:
Attachment A - Resolution Approving EP25-050
Attachment B - Vicinity Map
Attachment C - Site Plan
Attachment D - Photographs of Encroachments
4 June 16, 2025 Item 6
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, APPROVING ENCROACHMENT PERMIT 25-
050 TO REPLACE AN EXISTING WOODEN GUARDRAIL ,
MASONRY WALL, AND ASSOCIATED IMPROVEMENTS THAT
EXTEND INTO THE PUBLIC RIGHT-OF-WAY ON THE SOUTH
SIDE OF THE PROPERTY AT 218 12TH STREET (APN: 300-074-
06-00) IN DEL MAR, CALIFORNIA
WHEREAS, the City of Del Mar (City) is the owner of the public right-of-way; and WHEREAS, Del Mar SB, LLC (Applicant) has filed an application for an Encroachment Permit (EP25-050) seeking approval to replace the existing wooden guardrail, improve the existing wall with stucco surface on the south side of the property within the public right-of-way, and level the walking surface between the building and guardrail to eliminate a tripping hazard (Project); and WHEREAS, the property does not have an approved Encroachment Permit for the existing wall/guardrail in the right-of-way on the south side of the property; and WHEREAS, Del Mar Municipal Code (DMMC) Chapter 23.28 requires an Encroachment Permit (EP) for any private improvements within the public right-of-way; specifically, any improvements that extend at least 12 inches above the level of the sidewalk, roadway, or adjacent grade require City Council approval; and WHEREAS, DMMC Section 23.28.070 specifies that an Encroachment Permit may be approved or conditionally approved only if the City Council makes all of the findings set forth in Section 23.28.070(C) as noted in the below; and WHEREAS, in accordance with requirements of the California Environmental Quality Act (CEQA), this project is listed among the classes of projects determined to have less than significant adverse effect on the environment and, therefore, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 Class 1 – Existing Facilities in that the project proposes to replace an existing guardrail with minor associated improvements; and WHEREAS, on June 16, 2025, the City Council of the City of Del Mar held a duly noticed public hearing to review the referenced entitlements, and at which time all persons desiring to be heard were heard; and
WHEREAS, oral and written evidence was submitted and considered to include without limitation:
a. Plans developed by the Applicant;
b. Written information submitted with the application;
c. Agenda Report, dated June 16, 2025, incorporated by reference as though fully set forth herein; and
Attachment A 5 June 16, 2025 Item 6
Resolution 2025-XX
d. Additional information submitted and testimony provided during the hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar that Encroachment Permit EP25-050 is hereby approved based on the following findings in DMMC Chapter 23.28.070(C):
Findings:
1. Replacing the existing dilapidated guardrail on the south side of the property would not endanger the public’s health, safety, or welfare, nor would it endanger the surrounding property. The guardrail has been in this location for many years with no record of incident or any reported adverse impact. Moreover, the guardrail has and will continue to act as a safety barrier between the relatively level portion of the building and the drop-off between the guardrail and sidewalk, which is required per the California Building Code.
2. The replacement and improvement of encroachments that would be authorized under the EP will not unreasonably interfere with the use of the ROW. This portion of the ROW provides a level entryway to the building for ADA access and will not impact the existing adjacent sidewalk. If the City identifies a future need for this public area, the EP is conditioned to be revocable, and the property owner is obligated to remove the private improvements/encroachments.
3. The existing encroachments have been in the City’s ROW for many years without any known complaints from the public and are therefore consistent with the appearance of other properties in the area. The proposed improvements will improve the aesthetics of the community.
4. The proposed improvements will not cause an unnecessary change in the character of the community. Building B of the 1202 Camino del Mar complex sits at a higher elevation than the sidewalk and the guardrail acts as a safety barrier between the entrance of the building and the sidewalk.
5. The proposed improvements will not interfere with existing public use of the surrounding right-of-way, nor will they be a detriment to the interests of the general public. The encroachments are an improvement as the existing wooden guardrail is in deteriorating condition and needs to be replaced.
6. Given the small area of impact, the proposed encroachments will not convert any existing public use areas into private use. All proposed improvements will enhance existing public use of these areas as described above.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Council that approval of EP25-050 shall be subject to the following conditions:
Attachment A 6 June 16, 2025 Item 6
Resolution 2025-XX
General Encroachment Conditions:
GEP-2 [EP – Indemnification]
By accepting this permit and implementing the development authorized herein, the applicant agrees to indemnify, defend and save the City of Del Mar, its authorized agents, officers, representatives and employees harmless from and against any and all penalties, liabilities, annoyances, or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to the application or by reason of the permittee's installation, operation, maintenance or removal of the encroachment.
GEP-3 [EP - Removal of improvements]
The applicant agrees that if any structure, tank, pipe, conduit, duct, tunnel, or other development for which this permit is issued is, at any point in the future, determined by the City to interfere with the use, repair or improvement of the subject right-of-way, the applicant or his or her successors or assigns, shall remove the development within ten (10) days after the receipt of a written notice from Public Works to do so.
The removal shall be accomplished at the expense of the applicant or his or her successors or assigns and shall be removed or relocated to the satisfaction of the Public Works Department.
A) If an unknown underground facility is encountered, work shall cease immediately, and both the City Engineer’s office, Public Works and the utility believed to own the facility shall be notified. Work shall not proceed until permission is granted by the City Engineer’s office and a solution to the underground obstruction is resolved by the Engineer of Work.
GEP-4 [EP - Compliance with Conditions]
The applicant hereby agrees to do all work and otherwise comply with the terms and conditions of this permit, and all applicable rules and regulations of the City of Del Mar and/or other public agency.
GEP-5 [EP - Revocation of permit due to noncompliance with conditions] This permit may be revoked by the City if noncompliance is noted to the applicant and satisfactory action is not taken by the applicant or his/her agents to achieve compliance within twenty-four (24) hours of notice.
GEP-7 [EP - Permit Expiration/Potential for Permit Extension] This permit and the authorization for use/work within a City right-of-way herein granted shall expire one year from the date of approval, on June 16, 2026. The permittee may request a single Extension of Time of an approved Encroachment Permit by submitting a written request to the City Manager setting forth the reason that substantial work on the permit cannot be commenced by the scheduled expiration date. The City Manager shall grant the extension unless he/she determines that there has been a change in circumstances since the time of the Attachment A 7 June 16, 2025 Item 6
Resolution 2025-XX
original grant of the permit which would create an inconsistency between the proposed encroachment and the provisions of DMMC Chapter 23.28. No extension shall be granted for a period greater than one (1) year.
GEP-9 [EP - Compliance with CAL-OSHA]
The permittee shall obey and enforce all safety orders, rules, regulations, and recommendations of the Department of Industrial Relations of the State of California, CAL-OSHA, applicable to the work and shall comply with all applicable laws, ordinances, codes, and regulations. Any omission on the part of the City Engineer’s office to specify protective measures or devices in the Encroachment Permit shall not excuse the permittee from complying with all applicable requirements of law.
GEP-10[EP - Timely Performance of Work]
If any part of the work performed under an Encroachment Permit is not completed within the period indicated in either the submitted application materials or the conditions of approval of the Encroachment Permit, the City may notify the person performing the work, in writing, to complete the work within forty-eight (48) hours thereafter, legal holidays excepted. If the work is not completed within this time period, the Public Works shall have full power to perform the work, including such measures as will restore the disturbed area to a safe and passable condition until the work can be completed. The cost thereof, including any inspection and administrative overhead costs incurred by City, shall be assessed against the permittee.
GEP-11[EP - Compliance with City Codes and Permit Conditions] Any person violating any provisions of or failing to comply with any of the requirements of this Permit or of DMMC Chapter 23.28 shall be subject to the enforcement provisions set forth in DMMC Chapters 1.08 and 30.98.
GEP-12[EP - Change of Permit Conditions at Direction of the City] The City retains the right to change conditions of this Permit granted and order the relocation or adjustment of lines, manholes, fixtures, and apparatus hereby allowed to be installed, whenever, in the opinion of the City, this becomes necessary; and desirable. In the event that such an order is made, all changes required pursuant thereto shall be made at the sole expense of the Permittee.
GEP-14[EP - No authorization for street closure]
The permit does not authorize closure of any road or street, unless specifically stated on the permit.
GEP-15[EP - No Transfer in Property Interest]
The granting of an encroachment permit pursuant to this chapter shall not constitute the transfer or relinquishment of any ownership or interest held by the City over the public right-of-way, nor shall such permit confer any vested or proprietary rights upon the holder of the permit beyond the right to utilize the encroachment area in the manner authorized by the permit and subject to all of the conditions set forth herein.
Attachment A 8 June 16, 2025 Item 6
Resolution 2025-XX
GEP-17[EP - Improvements Subject to Compliance with ADA Accessibility Requirements] The applicant shall be responsible for ensuring that all improvements are implemented in compliance with the applicable provisions of the Americans with Disability Act (ADA). Information about requirements for complying with ADA requirements can be gained from the following website: http://www.accessboard.gov/adaag/html/adaag.htm GEP-20[EP – Cleanup, Backfilling and Compaction]
Cleanup, backfilling, and Compaction shall be as follows:
a) Cleanup After Completion - Immediately after completion of the work, the permittee shall cleanup and remove all materials, earth and debris of any kind.
If the permittee fails to do so within 24 hours after having been notified to do so by the City, the work may be done by the city and the permittee charged the costs of such work. When a pole, guy-stub or similar timber is removed and not replaces, the entire length thereof shall be removed from the ground and the hole backfilled and compacted.
b) Backfilling and compaction – Backfilling and compaction of an excavation of an evacuation shall be in accordance with the Standard Specifications for Public Works Construction (Sections 301 and 306), as well as any special standards established by the City. Backfilling shall be completed before the end of the workday. No open trenches shall be left after normal working hours. c) Restoration of right-of-way - upon completion of the encroachment work authorized by a permit, the permittee shall restore the right-of-way by replacing, repairing or rebuilding it in accordance with the specifications or any specific requirements, but not less than to its original condition before the encroachment work was commences. The permittee shall remove all obstructions, materials, and debris upon the right-of-way and shall do any other work necessary to restore the right-of-way to a safe and usable condition, as directed by the City. When the excavation occurs within an area already paved, the city may make the necessary restoration. The permittee can be notified or can respond to notification; the City may make the necessary restoration. The permittee shall reimburse the City in accordance with the costs of such work.
All work shall be in accordance with City standards and Public work Standard Specifications for Construction (Green Book Section 302 and 306.).
GEP-22[EP – Construction Staging Area]
Proposed locations of construction staging areas shall be approved by the City.
Any construction staging area proposed outside of the public right-of-way shall be disallowed unless the Permittee has secured the prior written approval of the owner.
Attachment A 9 June 16, 2025 Item 6
Resolution 2025-XX
Public Works Conditions:
PW-C [Custom Condition]
The applicant and contractor must always maintain safe pedestrian access on the existing sidewalk when work is ongoing.
PW-1 [Notification prior to and after Completion of Work] The applicant agrees to notify the Public Works representative at least forty-eight (48) hours in advance of time when work authorized in this permit will be started.
Applicant shall state the EP number, original date of approval and a short description of the work. Additionally, upon completion of the work, the applicant agrees to immediately notify the Public Works representative of such completion.
Any improvement or modification of the right-of-way shall be subject to inspection and approval of work from the Public Works representative. The permittee shall be responsible for calling MBI for an inspection at (760) 603-6264.
PW-17 [Public Works Inspection]
Permittee shall schedule inspections with the Public Works, through MBI at (760) 603-6264, at least 24 hours prior to need as follows:
a. Sidewalk, Driveway, Curb and Gutter and other Concrete Work Pre-pour and Final b. Street Excavation T-Cut and Final
c. Sewer Lateral Capping during Demolition and New Lateral Connection to Main d. Water- Cross Connection Inspection prior to final.
e. All Other Encroachment Activity Final
Document Conditions:
DC-1 [Recordation of a Covenant]
Within sixty (60) days of final EP approval, the applicant shall record a covenant (at the applicant’s expense) against the deed for the property benefited by the approved Encroachment Permit setting forth the terms and conditions of the Permit, including the requirement for applicant’s maintenance/responsibility and removal of the encroachment upon demand by the City. The covenant shall run with the land and shall be binding on future owners and assigns. The form and content of the covenant shall be to the satisfaction of the City Attorney and City Manager.
Special Conditions:
SP-1 [Encroachment Permit Revocation]
At the City’s discretion, the Encroachment Permit may be revoked at any time and the property owner will be required to remove the private improvement from the City right-of-way.
SP-2 [Building Permit}
Attachment A 10 June 16, 2025 Item 6
Resolution 2025-XX
The Applicant is required to obtain a Building Permit prior to the installation of the guardrail and masonry wall repair.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, State of California, at a Regular Meeting held on the 16th day of June 2025. ____________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
City of Del Mar
Attachment A 11 June 16, 2025 Item 6
Resolution 2025-XX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2025-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 16th day of June 2025, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
Attachment A 12 June 16, 2025 Item 6
218 12th St. Vicinity Map
Attachment B 13 June 16, 2025 Item 6
12TH STREET
ALLEY
CAMINO DEL MAR
BUILDING C
BUILDING B
BUILDING A
1202-1210 CAMINO DEL MAR
222 & 230 12TH STREET
218 12TH STREET
PROPERTY LINE
CL
CL
PROPOSED AREA OF EXISTING
CONCRETE TO BE RAISED
LEVEL WITH EXISTING (APPROX.
7" MAX, 2" MIN), TRIPPING
HAZARD TO BE REMOVED
EXISTING RAILING TO BE
REPLACED WITH NEW TO
MATCH ADJACENT EXISTING
WOODEN SLAT RAILING.
WALL TO BE STUCCOED
4' - 6"
35' - 6"
1/4" / 1'-0"
EP1 3
EP1
2 X13 3
(N) WOOD SLAT RAILING TO
MATCH ADJACENT EXISTING
(N) STUCCO FINISH ON
MASONRY WALL, (E) WALL TO
REMAIN, REPAIR AS REQUIRED
(E) WOOD SLAT RAILING OVER
(E) STUCCOED MASONRY WALL
(N) WOOD SLAT RAILING TO
MATCH ADJACENT EXISTING
(N) STUCCO FINISH ON
MASONRY WALL, (E) WALL TO
REMAIN, REPAIR AS REQUIRED
Brian Church Architecture507 S. Cedros AveSolana Beach, CA 92075(858) 793-3437 DATE:
SHEET
SCALE: STATE OF CALIFORNIA
BRIAN
CHURCH
LICENSED
ARCHITECT
REN.
DATE: 09/30/25 C-22,251
As indicated
4/23/2025 5:26:27 PM
EP1 MAJOR EP PLAN
04/23/25
THE TORREY @ 12TH 1202-1210 Camino del Mar
NORTH
1/8" = 1'-0" 1/8" = 1'-0" 1 Major EP PlanMajor EP Plan
SUBMITTALS / REVISIONS
# Date Revision/Submittal
1/4" = 1'-0" 1/4" = 1'-0" 3 Elevation SouthElevation South 1/4" = 1'-0" 1/4" = 1'-0" 2 Elevation WestElevation West Attachment C 14 June 16, 2025 Item 6
Attachment D 15 June 16, 2025 Item 6
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Kseniia Izgarskaia, Senior Management Analyst
Via Ashley Jones, City Manager
DATE: June 16, 2025
SUBJECT: Introduction of an Ordinance to Eliminate the Design Review Board Ex-Officio Membership
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council hold a public hearing and introduce an Ordinance (Attachment A) amending Section 2.38.020 of the Del Mar Municipal Code eliminating the two Design Review Board ex-officio membership seats consistent with prior Council direction.
BACKGROUND:
The City’s quasi-judicial Design Review Board (DRB) is governed by the Del Mar Municipal Code (DMMC) Chapter 2.38 and consists of seven voting members who are Del Mar residents and who, by experience, training, education, or occupation, have demonstrated talent and interest in developing the aesthetics of environmentally sensitive design within the framework of practical considerations.
Additionally, the DRB has two ex-officio non-voting members (one primary and one alternate) who are intended to serve as subject matter experts assisting the Design Review Board members in their deliberations as to whether an application for a Design Review Permit is consistent with the applicable standards of review. The ex-officio, non-voting, positions rotate annually, and ex-officio members serve a two-year term, while voting DRB members serve four-year terms.
At the 2025 City Council Goals and Priorities Workshop, the City Council identified the review of the City’s existing committee system as a priority Council-proposed project with the goal of strengthening and empowering committee members to contribute to important City initiatives in more substantive ways while streamlining the City’s committee structure to further align committee efforts with the City Council’s goals and priorities work plan, which has evolved over the last five years.
The City Council assigned Mayor Terry Gaasterland and Deputy Mayor Tracy Martinez to serve on the Committee Streamlining Taskforce (Taskforce) to complete the review. At the May 19, 2025, City Council meeting, the Taskforce presented its initial review and 1 June 16, 2025 Item 7
City Council Agenda Report
Ordinance to Eliminate the DRB Ex-Officio Membership
June 16, 2025
recommendations for Council’s consideration, which included changes to the structure and membership of various City committees, including the DRB.
DISCUSSION/ANALYSIS:
In recent years, it has been difficult to fill ex-officio vacancies on the DRB with qualified experts (professional architect or planner as required by DMMC 2.38.020(D)). The City has been recruiting to fill the ex-officio positions on DRB unsuccessfully for over a year, with both positions remaining vacant.
On May 19, 2025, the Taskforce recommended that the Council consider eliminating the exofficio membership category from the DRB. City Council provided direction to staff to return with an ordinance amending DMMC Chapter 2.38 to remove the two ex-officio DRB positions.
As directed, staff closed the DRB ex-officio member recruitments on the City’s website, and has prepared an ordinance amending DMMC Section 2.38.020- Membership, and eliminating the ex-officio DRB positions for City Council’s review and consideration.
City Planning staff and will continue to provide technical expertise to the DRB members, and many permit applicants bring their own architects and design professionals to the DRB hearings for their applications. Therefore, no negative impact or loss of subject matter knowledge is anticipated from removing two ex-officio DRB positions.
If approved, the amendment will not impact any current DRB members, as both ex-officio positions are currently vacant, and no changes are proposed to the voting membership of the DRB.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council for this agenda item.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
Review of the City’s committee structure is listed a Council-initiated work plan item for fiscal year 2024-2025 and 2025-2026.
ATTACHMENTS:
Attachment A – Proposed Ordinance Amending DMMC Section 2.38.020- Membership Exhibit A to Attachment A – Amended DMMC Section 2.38.020 (Clean) Attachment B – Redline DMMC Section 2.38.020
2 June 16, 2025 Item 7
ORDINANCE No. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING SECTION 2.38.020 OF THE CITY
OF DEL MAR MUNICIPAL CODE – DESIGN REVIEW BOARD
MEMBERSHIP
WHEREAS, the City of Del Mar Design Review Board membership is governed by the Del Mar Municipal Code Chapter 2.38.020; and
WHEREAS, the Design Review Board consists of seven voting members and includes an eighth, non-voting, ex-officio member and an ex-officio alternate, both appointed to a twoyear term based on their professional experience in architecture, landscape architecture, planning or urban design; and
WHEREAS, the City Council desires to eliminate both ex-officio, non-voting positions from the Design Review Board.
NOW, THEREFORE, the City Council of the City of Del Mar, California, does hereby ordain as follows:
SECTION ONE:
The above recitals are true and correct and are incorporated by reference into this action.
SECTION TWO:
Section 2.38.020 of the Del Mar Municipal Code is hereby amended to read as shown in the attached Exhibit A, which is incorporated herein by this reference as though set forth in full at this point.
SECTION THREE
If any section, sentence, clause, or phrase of this Ordinance is determined to be invalid, illegal, or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council declares that it would have passed and adopted the Ordinance, and each section, sentence, clause, or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION FOUR
This Ordinance was introduced by the City Council on June 16, 2025.
SECTION FIVE
The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.
SECTION SIX
The Ordinance will take effect and be in force 30 days from the date that the City Council takes action to adopt the Ordinance.
3 June 16, 2025 Item 7
Ordinance No. XXXX
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a regular meeting held on the 7
th day of July, 2025,
____________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXXX, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 7 th day of July, 2025,
by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
4 June 16, 2025 Item 7
Created: 2025-05-16 16:11:22 [EST]
(Supp. No. 10, Update 2)
2.38.020 Membership.
A. The Design Review Board shall consist of seven members who are registered voters of the City of Del Mar and maintain residency within the City's municipal boundaries. Residency shall be maintained for no less than six months prior to appointment and if a Board Member ceases to reside within the City during their membership on the Design Review Board, the appointment of such person shall be deemed to have been terminated. For the purposes of this section, residency shall mean someone who maintains residence and is physically present in the City of Del Mar for no less than six months per calendar year.
B. Members shall serve staggered, four-year terms.
C. The members shall be persons who, by experience, training, education, or occupation, have demonstrated talent and interest in developing the aesthetics of environmentally sensitive design within the framework of practical considerations. (Ord. No. 767; Ord. No. 785; Ord. No. 793; Ord. No. 825; Ord No. 931, § 1, 9-18-2017) 5 June 16, 2025 Item 7
Created: 2025-05-16 16:11:22 [EST]
(Supp. No. 10, Update 2)
2.38.020 Membership.
A. The Design Review Board shall consist of seven members who are registered voters of the City of Del Mar and maintain residency within the City's municipal boundaries. Residency shall be maintained for no less than six months prior to appointment and if a Board Member ceases to reside within the City during their membership on the Design Review Board, the appointment of such person shall be deemed to have been terminated. For the purposes of this section, residency shall mean someone who maintains residence and is physically present in the City of Del Mar for no less than six months per calendar year.
B. Members shall serve staggered, four-year terms.
C. The members shall be persons who, by experience, training, education, or occupation, have demonstrated talent and interest in developing the aesthetics of environmentally sensitive design within the framework of practical considerations.
D. The Design Review Board shall also include an eighth, ex-officio member and an ex-officio alternate, both appointed to a two-year term by a majority of the City Council.
1. The ex-officio member and alternate shall be appointed based on their professional experience in architecture, landscape architecture, planning or urban design.
2. The ex-officio member, or alternate, shall assist the Design Review Board members in their deliberations as to whether an application for a Design Review Permit is consistent with the applicable standards of review. As requested, the ex-officio member, or alternate, shall also assist the members in a determination of the existence of feasible design alternatives.
However, neither the ex-officio member, nor alternate, shall participate in the votes on applications.
3. The ex-officio member, or alternate, shall not be counted for purposes of determining the existence of a quorum of the Design Review Board.
4. The ex-officio member and alternate should preferably be residents of the City but neither is required to be a resident of the City.
5. The ex-officio alternate shall serve in the absence of the ex-officio member.
6. The ex-officio member and alternate shall comply with all City of Del Mar Conflict of Interest regulations.
(Ord. No. 767; Ord. No. 785; Ord. No. 793; Ord. No. 825; Ord No. 931, § 1, 9-18-2017) 6 June 16, 2025 Item 7
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Ashlea Houston, Management Analyst
Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: June 16, 2025
SUBJECT: Introduction of an Ordinance to Regulate Bicycles, Including Electric Bicycles, in the City of Del Mar
REQUESTED ACTIONS/RECOMMENDATION:
Staff recommends that the City Council introduce an ordinance (Attachment A) amending Chapter 8.12, San Dieguito Lagoon and River, and adding Chapter 14.54, Bicycles, to the Del Mar Municipal Code (DMMC) regulating the use of bicycles, including e-bikes, in the City of Del Mar.
BACKGROUND:
In Del Mar, as in other neighboring jurisdictions, the rise in e-bike use has highlighted the need for local regulations to enhance safety for pedestrians and cyclists. Bicycles, including e-bikes, are regulated by the California Vehicle Code (CVC); however, cities may adopt local regulations by ordinance for their specific needs.
The cities of Encinitas and Solana Beach updated their municipal codes in 2023 to give the San Diego County Sheriff’s Department (Sheriff’s Department) educational tools for e-bike riders and alternative enforcement options. The Sheriff’s Department supports consistent enforcement across the three cities served by the North Coastal Sheriff’s Station: Del Mar, Encinitas, and Solana Beach. As a result, the Fiscal Year (FY) 2024- 2025 City Council Work Plan includes a Tier 2 priority work item to update the DMMC with bicycle/e-bike regulations similar to Encinitas and Solana Beach.
On April 7, 2025, the City Council held a public hearing to introduce an ordinance to add Chapter 14.54 to the DMMC, regulating bicycle and e-bike activity in the City. The Sheriff’s Department collaborated with City staff on the proposed regulations, which were substantively similar to those of Encinitas and Solana Beach. During the public hearing, the Council voted to approve the introduction of the ordinance with a minor amendment described in option two of a public communication prepared by staff after the posting of the agenda packet (i.e., staff Red Dot). The amendment clarified when a cyclist must ride in a bike lane, and when exceptions apply under the CVC. The Council also directed staff to return with more information and options for how to regulate bikes on sidewalks. The 1 June 16, 2025 Item 8
City Council Agenda Report
Introduction of Ordinance to Regulate Bicycles, Including Electric Bicycles, in Del Mar June 16, 2025
agenda report and Red Dots for Item 10 of the April 7, 2025, agenda may be accessed in the following link: https://www.delmar.ca.us/DocumentCenter/View/9910/04072025-Item10-Agenda-Report_Red-Dots.
DISCUSSION/ANALYSIS:
After April 7, staff conducted research and received additional public input related to the proposed ordinance. In order to address all information and feedback on the proposed restrictions, the item returned as a Council discussion on June 2, 2025. During the discussion, Council provided direction to staff for regulating bicycles and e-bikes on trails and sidewalks in Del Mar, to be included in a revised ordinance. The agenda report for Item 14 of the June 2, 2025, agenda may be accessed in the following link:
https://www.delmar.ca.us/DocumentCenter/View/9923/06022025_Item-14---Bike-and-EBike-Regulations.
For trails, staff proposed amending DMMC Chapter 8.12 to expressly permit bicycles, including class 1 and 2 e-bikes, on the portion of the Coast to Crest Trail located in the City of Del Mar. Class 1 e-bikes provide motor assistance only when the rider is pedaling and cease to provide assistance when the bicycle reaches a speed of 20 mph. Class 2 ebikes operate via pedal-assist or throttle and cease to provide assistance when the bicycle reaches a speed of 20 mph.
Currently, the DMMC prohibits bicycles on all trails in the San Dieguito Lagoon and River Valley, unless signed otherwise (see DMMC Section 8.12.030, Subsection D). Given that bicycles, including class 1 and 2 e-bikes, are allowed on the Coast to Crest Trail outside the City of Del Mar, the proposed amendment to the DMMC would align the City with neighboring jurisdictions and support consistent enforcement.
For sidewalks, staff presented multiple options for City Council consideration based on research and resident feedback on the topic. The options, ordered from least to most restrictive were as follows:
1. Prohibit bicycles on sidewalks in business districts and when a bike lane is present.
2. Prohibit bicycles on all sidewalks, with exceptions for specified areas, and when reasonably necessary to leave the road to avoid debris or other hazardous conditions.
3. Prohibit bicycles on all sidewalks.
The City Council discussed the proposed options for sidewalk restrictions and concluded that option 2 provided the best balance between pedestrian safety and cyclist mobility within the City. The Council directed staff to incorporate the sidewalk provisions in option 2 above, along with Del Mar’s proposed bicycle regulations for the Coast to Crest Trail, into a revised ordinance for Council consideration at an upcoming meeting. 2 June 16, 2025 Item 8
City Council Agenda Report
Introduction of Ordinance to Regulate Bicycles, Including Electric Bicycles, in Del Mar June 16, 2025
The attached ordinance (Attachment A) proposes amending Chapter 8.12 and adding Chapter 14.54 to the DMMC to regulate bicycle and e-bike activity in Del Mar. The ordinance incorporates the provisions of the original ordinance introduced on April 7, 2025, with revisions to address the updated trail and sidewalk regulations discussed with the City Council on June 2, 2025.
Currently, the DMMC lacks a dedicated chapter for bicycle/e-bike regulations, aside from the Pilot Bike Share Program under Chapter 14.60. Adding Chapter 14.54 to the DMMC would define bicycles and e-bikes based on the CVC; specify regulations applicable to riders and their passengers; and give the Sheriff’s Department authority to divert firsttime bicycle/e-bike offenders to a bicycle safety training program rather than issuing a citation. Amending Chapter 8.12 to expressly permit bicycles, including class 1 and 2 ebikes, on the Coast to Crest Trail would align Del Mar with the restrictions of neighboring jurisdictions.
If introduced by the City Council, the ordinance would return to Council for consideration and adoption on July 7, 2025, and would be effective 30 days after adoption.
FISCAL IMPACT:
There is no fiscal impact or action to be taken related to this agenda item.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
E-Bike Safety – Municipal Code Amendments is a Tier 2 City Council priority for FY 2024-2025.
ATTACHMENTS:
Attachment A – Proposed Ordinance to Regulate Bicycles/E-Bikes 3 June 16, 2025 Item 8
Attachment A
ORDINANCE No. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING THE DEL MAR MUNICIPAL CODE
CHAPTER 8.12 SAN DIEGUITO LAGOON AND RIVER, AND
ADDING CHAPTER 14.54 BICYCLES, REGULATING BICYCLES,
INCLUDING ELECTRIC BICYCLES, IN THE CITY OF DEL MAR
WHEREAS, the City of Del Mar (City) enacted Title 8 of the Del Mar Municipal Code (DMMC) to regulate beaches, waterways, and parks within the City; and WHEREAS, the City enacted Title 14 of the DMMC to regulate traffic within the City; and
WHEREAS, violations of DMMC Title 8 and 14 provisions are generally punishable as infractions, unless otherwise expressly stated; and
WHEREAS, the City has seen an increase in the use of electric bicycles, also commonly referred to as “e-bikes”, within the City; and WHEREAS, the City Council desires to adopt provisions regulating the use of bicycles within the City, including e-bikes, to continue protecting the public health, safety and welfare of the community and its residents and visitors, including by enhancing traffic and pedestrian safety; and
WHEREAS, the City Council further desires to allow first-time offenders who violate any such provisions with an opportunity to take an approved bicycle training safety course in lieu of receiving a citation.
NOW, THEREFORE, the City Council of the City of Del Mar, California, does hereby ordain as follows:
SECTION ONE:
The above recitals are true and correct and are incorporated by reference into this action.
SECTION TWO:
That Subsection (D) of Section 8.12.030 be amended in the Del Mar Municipal code as follows:
Chapter 8.12 – San Dieguito Lagoon and River
8.12.30 Prohibited Activities.
D. Bicycles and similar non-motorized vehicles shall be permitted only on trails and walkways designated and signed as permitting bicycle access, with the exception of the Coast to Crest Trail, which shall expressly permit bicycles, including class 1 and class 2 electric bicycles as defined by California Vehicle Code Section 312.5, as that Section may be amended from time to time.
4 June 16, 2025 Item 8
Ordinance No. XXXX
SECTION THREE:
That a new Chapter 14.54 be added to the Del Mar Municipal Code as follows:
Chapter 14.54 – Bicycles
14.54.010 – Purpose. The purpose of this Chapter is to establish regulations regarding the use of Bicycles and Electric Bicycles on any public roadway, street, highway, parkway, rightof-way, alley, or other public property within the City of Del Mar.
14.54.020 – Definitions. For purposes of Chapter 14.54, the following definitions shall apply:
Bicycle shall have the same meaning as ascribed in California Vehicle Code Section 231, as that section may be amended from time to time. The term Bicycle as used herein shall include Electric Bicycles, as defined below.
Electric Bicycle (E-bike) shall have the same meaning as ascribed in California Vehicle Code Section 312.5, as that section may be amended from time to time.
14.54.030 – Laws Applicable to Persons Operating and/or Riding Bicycles.
A. Any person operating or riding a Bicycle shall exercise reasonable care and safety, and shall observe all applicable laws, including, but not limited to, yielding to pedestrians and obeying the instructions of official traffic control signals, signs, and other devices applicable to vehicles.
B. Any person operating or riding a Bicycle upon a roadway shall be granted those rights and subject to those duties established by the laws of the State of California and by this Title, which are applicable to persons operating or riding in a vehicle, except for those provisions that, by their nature, can have no application.
C. It shall be unlawful for any person required by the California Vehicle Code to wear a helmet while operating or riding a Bicycle to wear the helmet in any way other than the fashion for which the helmet is designed to be worn, including, but not limited to, the use of straps and strap closure mechanisms.
D. It shall be unlawful for any person operating or riding a Bicycle to cling or attach themselves or the Bicycle to any other moving vehicle.
14.54.040 – Areas Where Riding Bicycles is Prohibited.
Within the City of Del Mar, it shall be unlawful for any person to ride a Bicycle in, on or upon:
A. Any sidewalk in the City, with exceptions for areas designated and signed as permitting Bicycle access, and when it is reasonably necessary to leave the road to avoid debris or other hazardous conditions.
5 June 16, 2025 Item 8
Ordinance No. XXXX
B. Any street with a designated bicycle path or way, requiring such riding to be within the designated bicycle lane, unless an exception applies in accordance with Section 21208 of the California Vehicle Code, as that Section may be amended from time to time.
C. Any park or preserve (consistent with Section 8.04.090 of this Municipal Code).
D. Any trail or walkway within the confines of the San Dieguito Lagoon and River Valley, unless designated and signed as permitting Bicycle access, with the exception of the Coast to Crest Trail, which shall expressly permit Bicycles, including class 1 and class 2 Electric Bicycles as defined in California Vehicle Code Section 312.5, as that Section may be amended from time to time (consistent with Section 8.12.030 of this Municipal Code).
14.54.050 – Enforcement.
In lieu of the imposition of the penalties authorized by this Title and/or the filing of charges in a court of competent jurisdiction, the Sheriff or Chief of Police or designee may allow a firsttime violator of this Chapter to complete an agency-approved bicycle training safety course, if and when such a program is available.
SECTION FOUR:
The City Council finds that approval of this Ordinance is exempt from the preparation of an environmental document pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378. This action does not constitute a “project” under the definition set forth in CEQA Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA.
No further action under CEQA is required.
SECTION FIVE:
This Ordinance was introduced by the City Council on June 16, 2025.
SECTION SIX:
The City Clerk is direct to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.
SECTION SEVEN:
If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
SECTION EIGHT:
Upon adoption, the Ordinance will take effect and be in force 30 days from the date that the City Council takes action to adopt the Ordinance.
6 June 16, 2025 Item 8
Ordinance No. XXXX
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a regular meeting held on the 7th day of July 2025. ____________________________
Terry Gaasterland, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXXX, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 7th day of July 2025, by the following vote:
AYES:
NOES:
RECUSE:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
7 June 16, 2025 Item 8
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Clem Brown, Assistant City Manager
Ashley Jones, City Manager
DATE: June 16, 2025
SUBJECT: City of Del Mar Comments on the Updated Notice of Preparation of a Draft Environmental Impact Report for the San Diego LOSSAN Rail Realignment Project
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council review the City’s proposed comments (Attachment A) on the Updated Notice of Preparation of a Draft Environmental Impact Report for the San Diego LOSSAN Rail Realignment Project (Attachment B), provide any additional feedback, and direct staff to submit final comments to the San Diego Association of Governments (SANDAG) by the public comment deadline of June 20, 2025.
BACKGROUND:
The City of Del Mar has closely monitored the SANDAG LOSSAN Rail Realignment project (Project) since public outreach began in 2020. The Project includes studying options for removing the rail line from the fragile Del Mar coastal bluffs to an inland location by 2035. The Project has generated a high level of community concern and engagement. While SANDAG is leading and has ultimate authority over the Project, the City has taken significant steps to keep the public informed, share information in a timely manner, and stay actively engaged on the Project.
Prior Notice of Preparation (NOP)
On June 4, 2024, SANDAG initiated the environmental review process for the Project, as required by the California Environmental Quality Act (CEQA), with the issuance of a Notice of Preparation (NOP) of a Draft Environmental Impact Report (DEIR) that included a 45-day public comment period. The NOP is the preliminary step in the State’s CEQA process that will determine the technical studies needed to develop a DEIR for the Project. The NOP is a public process that gives stakeholders the opportunity to inform what alignment alternatives will be included in the environmental review, the environmental concerns and potential impacts to be studied, and the opportunity to provide general feedback, questions and comments about the Project.
The 2024 NOP included the following three proposed alignments and a “no build” alternative:
1. Alternative A – I-5 Alignment
2. Alternative B – Crest Canyon Alignment
3. Alternative C – Camino del Mar Alignment
1 June 16, 2025 Item 9
City Council Agenda Report
City Comments on the LOSSAN Rail Realignment Project NOP July 16, 2025
The following map excerpted from the 2024 NOP shows the approximate locations of the proposed portal locations and three alignments at that time:
On June 17, 2024, the City Council received an overview of the NOP, heard comments from the public, and reviewed preliminary comments on the NOP provided by members of the City Council. A recording of that discussion is archived on the City’s website here:
https://delmar.12milesout.com/video/meeting/758724be-96ad-40dd-b841-e2bd88ede780.
At the direction of the City Council, staff coordinated with City on-call environmental consulting firm SWCA Environmental Consultants, and retained special legal counsel with CEQA expertise, Doug Carstens with Carstens, Black & Minteer, LLP, to review the NOP and assist with finalizing the City’s NOP comments. On July 16, 2024, the City Council approved the City’s comment letter on the NOP, which is included as Attachment C.
Value Analysis Study
After the conclusion of the scoping period on July 19, 2024, SANDAG initiated a Value Analysis (VA) Study process involving representatives from SANDAG member agencies and other public agency stakeholders to gather further input on the proposed alternatives in the NOP and collaboratively develop other potential project alignments for consideration. The City of Del Mar, alongside multiple agencies, provided input via a series of workshops and meetings held between September and December 2024. The VA team identified key themes to be incorporated into updated Project Objectives that would inform the alternative concepts developed as part of the VA Study. The key themes include:
2 June 16, 2025 Item 9
City Council Agenda Report
City Comments on the LOSSAN Rail Realignment Project NOP July 16, 2025
Minimizing effects to private properties, including subsurface easements Minimizing disruptions to economic generators
Demonstrating public stewardship by minimizing conflicts with prior and ongoing investments
The VA process resulted in the development of 16 alternative alignments, which included the three NOP alternative alignments and 13 new concepts. The Del Mar City Council received an informational presentation of the VA process and the additional alternative alignments identified by SANDAG staff at the Council meeting on February 18, 2025. A recording of the presentation is available on the City’s website here:
https://delmar.12milesout.com/video/meeting/e2a58716-e8e7-48be-adec-cf298e4b8ae8.
The final VA Study Report is available on the SANDAG website and linked here:
https://www.sandag.org/-/media/SANDAG/Documents/PDF/projects-and-programs/featuredprojects/lossan-rail-improvements-del-mar-bluffs/lossan-realignment/sandag-lossan-railrealignment-final-value-analysis-study-report-2025-02-07.pdf.
Following the completion of the VA Study Report, SANDAG reviewed the 16 alternative alignments, as well as prior studies and public feedback, and proposed five rail alignment options—four realignments and one no-build option—to the SANDAG Board of Directors for consideration to advance for analysis in the DEIR. A map of the four alternative alignments is included below:
The City of Del Mar held a special City Council meeting on February 27, 2025, to address the VA Study Report and approve a City comment letter to the SANDAG Board (Attachment D).
The letter expressed concerns about all four realignment options proposed by SANDAG staff. 3 June 16, 2025 Item 9
City Council Agenda Report
City Comments on the LOSSAN Rail Realignment Project NOP July 16, 2025
On February 28, 2025, the SANDAG Board of Directors voted to move the proposed Project goals, objectives, and four alternative alignments, including a no build alternative, forward into the environmental review phase.
DISCUSSION/ANALYSIS:
Updated NOP
An Updated NOP (Attachment B) was released in May 2025, starting a 45-day scoping period to collect feedback. A public scoping meeting was held on May 29, 2025, at the Del Mar Fairgrounds. SANDAG is seeking input on the scope of the DEIR, with comments accepted through June 30, 2025.
City staff worked with the City Attorney and special legal counsel with CEQA expertise, Doug Carstens with Carstens, Black & Minteer, LLP, to prepare the City’s official draft comment letter to the Updated NOP, which is included as Attachment A. The draft comment letter addresses the City’s concerns with the Project and the four alternative alignments and their adverse impact on the City of Del Mar. The letter asserts that given the disproportionate and significant potential impacts to the City, as well as SANDAG’s lack of approval authority over the Project, the Lead Agency role, for the purpose of overseeing the environmental review of the Project, should be transferred to the City.
In addition, the letter addresses City concerns regarding the vague and incomplete project objectives, project description, and the insufficient level of detail provided for the four alternative alignments. The draft comment letter also notes that the current Project alternative alignments are deficient. The City, if it were the Lead Agency, would explore alternative solutions with the goal of avoiding significant impacts to the City. For these reasons, the letter includes a request for a meeting with SANDAG staff to discuss whether an agreement can be reached to transfer the Lead Agency role from SANDAG to City in lieu of going through the State’s CEQA process.
Staff requests that the City Council review the proposed City comment letter, provide feedback or request changes, and direct staff to submit final comments to SANDAG by the public comment deadline of June 20, 2025.
FISCAL IMPACT:
There is no fiscal action to be taken by the Council related to this agenda item.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO COUNCIL GOALS AND PRIORITIES:
City involvement in major SANDAG initiatives, including the San Diego LOSSAN Rail Realignment Project, is a Tier 1 City Council priority. 4 June 16, 2025 Item 9
City Council Agenda Report
City Comments on the LOSSAN Rail Realignment Project NOP July 16, 2025
ATTACHMENTS:
Attachment A – Draft City Comment Letter on the Updated LOSSAN Rail Realignment NOP Attachment B – SANDAG Updated Notice of Preparation
Attachment C – 2024 NOP City of Del Mar Comment Letter
Attachment D – City of Del Mar Value Analysis Study Report Comment Letter 5 June 16, 2025 Item 9
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us Attachment A
June 16, 2025
DRAFT
San Diego Association of Governments (SANDAG)
1011 Union Street, Suite 400
San Diego, CA 92101
ATTN: LOSSAN Comments
Re: City of Del Mar Comments on the Updated Notice of Preparation of a Draft Environmental Impact Report for the San Diego LOSSAN Rail Realignment Project LOSSAN Rail Realignment Project Team,
This letter is respectfully submitted on behalf of the City of Del Mar (City) as approved by the Del Mar City Council on June 16, 2025.
The City has closely monitored the SANDAG LOSSAN Rail Realignment project (Project) since public outreach began in 2020, given its potential to significantly and negatively impact Del Mar’s quality of life. City representatives participated in the 2024 Value Analysis (VA) process and have been a driving force in encouraging SANDAG to identify alternative alignments that mitigate potential impacts to the City to the maximum extent practicable. However, the fundamental issue at hand is that SANDAG is not the proper Lead Agency to oversee the preparation of a Draft Environmental Impact Report (DEIR) for the Project under the California Environmental Quality Act (CEQA). For SANDAG to continue in this role will ensure that the DEIR and the entire CEQA process are defective.
The City appreciates the opportunity to formally submit the following comments and concerns regarding the Project’s Updated Notice of Preparation (NOP) for the DEIR that was issued by SANDAG on May 16, 2025. The Updated NOP includes revised Project goals and objectives, a description and alternative alignments to be analyzed in the DEIR; however, this is a City role and not SANDAG’s.
The comments below reflect the grave concerns that our community members have expressed in public hearings to the City Council. The Project and its alternatives have the potential to disproportionally and adversely impact our community’s quality of life, tourism, local businesses, tax revenue, property values, and significantly impact our unique and sensitive coastal resources.
Further, the Project’s expansive environmental impacts have potential to forever alter the community character of our City, its history, and adversely impact our citizens’ health and wellbeing. Given these impacts and SANDAG’s lack of approval authority over the Project, the Lead Agency role should be transferred to the City. The City would like to discuss this transfer with SANDAG staff prior to seeking formal determination of the Lead Agency through the State’s process.
6 June 16, 2025 Item 9
City of Del Mar Comments – Updated NOP for San Diego LOSSAN Rail Realignment Project June 16, 2025
I. SANDAG is Not the Proper Lead Agency under CEQA.
SANDAG is the incorrect Lead Agency for the Project, and as a consequence any further actions to advance the environment review of the LOSSAN project is invalid and prejudicial to CEQA.
Under CEQA, SANDAG is the least favored Lead Agency because it is a special purpose district, has the least regulatory oversight, assumes no environmental consequences from its limited actions, and is not the first agency to issue land use or development permits. Instead, SANDAG is merely a project manager and banker of Federal funds, should they be granted for the Project, and a contract manager that oversees the consultants processing the environmental documentation and associated engineering studies. Nearly all local municipalities have these abilities.
Conversely, the City, its community members, businesses, and visitors will all be significantly impacted by the Project. Unlike other SANDAG projects, the Realignment Project is almost entirely within the jurisdictional boundaries of the City. Therefore, it is the City that will be most impacted by air toxic emissions, short- and long-term traffic impacts, public access blockages to the coastline, sensitive coastal and wetland resource impacts, vibration impacts to residents and businesses, noise impacts to homes and businesses, and residents will face significant condemnation proceedings, property devaluation, and loss of marketability of their homes and businesses.
The City will be required to amend its Local Coastal Program (LCP), Community Plan Amendment, Zone Code and Map Amendment, issuance of Coastal Development Permits, Design Review Permits, grading permits, tree removal permits, encroachment permits, grant land leases, and in some cases, issue building permits for the Project. SANDAG has none of these regulatory roles.
CEQA defines the criteria for determining what agency should serve as a Lead Agency (14 CCR Sec. 15051). A Lead Agency is different than a Responsible Agency in that they exercise control of the preparation of the Environmental Impact Report (EIR) and related documentation for the project. SANDAG has historically acted in the capacity of Lead Agency for rail and highway projects under the authority granted to them under Senate Bill 1703. (As codified in Cal.Gov. Code 29532.1 and Division 12.7 of the CA Pub. Utilities Code). However, Senate Bill 1703 does not grant SANDAG plenary powers to function as the Lead Agency in all circumstances.
As discussed below, Senate Bill 1703 recognizes that SANDAG “shall not have any authority over local land use decisions affecting permitting or zoning of public or private development projects.” (CA Gov. Code Sec. 132354.6). In summary, Senate Bill 1703 leaves zoning and other land use controls in the hands of local government. Having the City act as the Lead Agency is a recognition that the City will be disproportionately impacted by the Project, and a further realization that it is the City who is the first to act in approving or denying several significant permits, zoning, and Local Coastal Program approvals.
A. SANDAG Cannot Override Local Land Use Control or Act As the CEQA Lead Agency in all Cases.
The powers granted to SANDAG under SB 1703 include the following:
1. Sue and be sued;
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City of Del Mar Comments – Updated NOP for San Diego LOSSAN Rail Realignment Project June 16, 2025
2. To acquire any property by any means, and to hold, manage, occupy, develop, jointly develop, dispose of, convey, or encumber property;
3. To create a leasehold interest in property for the benefit of the consolidated agency;
4. To acquire, by eminent domain, any property necessary to carry out any of its powers or functions;
5. To merge or split parcels, adjust boundary lines, or take similar actions as part of the acquisition of land or as needed in order to carry out its functions;
6. To construct, acquire, develop, jointly develop, maintain, operate, lease, and dispose of work, property, rights-of-way, and facilities; and
7. To enter into and perform all necessary contracts, and to do any other things to carry out the purposes of this chapter. (CA Gov. Code Sec. 132354).
However, none of the powers listed above state that SANDAG is specifically granted Lead Agency status under CEQA. More importantly, Section 132354.6 states: “Except as otherwise provided by law, [SANDAG] shall not have any authority over local land use decisions affecting permitting or zoning of public and private development.” (CA Gov. Code Sec. 132354.6). Therefore, the conflicting provisions of SB 1703 and CEQA allow the City to assert that it should function as the CEQA Lead Agency. Further, the courts have the determination of Lead Agency as a procedural question subject to independent review. (Planning & Conservation League v. Department of Water Resources (2000) 83 Cal.App.4th 892,905-906). Improperly acting as Lead Agency is a failure to proceed in the manner required by law and an abuse of discretion. (PCL v.
DWR, supra, 83 Cal.App.4th at 912).
B. Criteria for Identifying the Lead Agency.
CEQA provides the criteria for determining the Lead Agency when there is a dispute between two agencies seeking to function as the Lead Agency. Where two or more public agencies will be involved with a project, the determination of which agency will be the Lead Agency shall be governed by the following criteria:
(a) If the project will be carried out by a public agency, that agency shall be the Lead Agency even if the project would be located within the jurisdiction of another public agency. (b) If the project is to be carried out by a nongovernmental person or entity, the Lead Agency shall be the public agency with the greatest responsibility for supervising or approving the project as a whole.
(1) The Lead Agency will normally be the agency with general governmental powers, such as a city or county, rather than an agency with a single or limited purpose such as an air pollution control district or a district which will provide a public service or public utility to the project.
(2) Where a city prezones an area, the city will be the appropriate Lead Agency for any subsequent annexation of the area and should prepare the appropriate environmental document at the time of the prezoning. The local agency formation commission shall function as a Responsible Agency.
(c) Where more than one public agency equally meets the criteria in subdivision (b), the agency which will act first on the project in question will normally be the Lead Agency. 8 June 16, 2025 Item 9
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(d) Where the provisions of subdivisions (a), (b), and (c) leave two or more public agencies with a substantial claim to be the Lead Agency, the public agencies may by agreement designate an agency as the Lead Agency. An agreement may also provide for cooperative efforts by two or more agencies by contract, joint exercise of powers, or similar devices.
The City has compelling arguments for functioning as the Lead Agency or having similar oversight rights of a Lead Agency. The City faces irreparable harm from the alternative alignments as currently proposed for the Project.
The City also has significant approval authority over the Project because it will have to amend its LCP, Community Plan, Zoning Code and Map, issue Coastal Development, Design Review, grading, building, encroachment, and tree removal permits, and approve a host of other zoning changes.
C. Request for Formal Lead Agency Consultation.
Therefore, the City formally requests a consultation with SANDAG’s senior management team to resolve any dispute that it may have with the City acting as the Lead Agency for the Project.
II. The Public Works Exception Under the California Coastal Act does not Apply to the Project.
SANDAG may not legitimately assert that the City has lost regulatory control over the Project because of the public works project exception under the California Coastal Act. The public works project is a narrowly applied provision of the California Coastal Act that allows for a public works project to override local LCPs for the greater good of the community.
Relevant section of the Coastal Act:
“Any person authorized to undertake a project or proposing an energy facility development may request any local government to amend its certified local coastal program, if the purpose of the proposed amendment is to meet public needs of an area greater than that included within such certified local coastal program that had not been anticipated by the person making the request at the time the local coastal program was before the commission for certification. If, after review, the local government determines that the amendment requested would be in conformity with the policies of this division, it may amend its certified local coastal program as provided in Section 30514.
“If the local government does not amend its local coastal program, such person may file with the commission a request for amendment which shall set forth the reasons why the proposed amendment is necessary and how such amendment is in conformity with the policies of this division. The local government shall be provided an opportunity to set forth the reasons for its action. The commission may, after public hearing, approve and certify the proposed amendment if it finds, after a careful balancing of social, economic, and environmental effects, that to do otherwise would adversely affect the public welfare, that a public need of an area greater than that included within the certified local coastal program would be met, that there is no feasible, less environmentally damaging alternative way to meet such need, and that the proposed amendment is in conformity with the policies of this division.” (Calif. Coastal § 30515.)
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City of Del Mar Comments – Updated NOP for San Diego LOSSAN Rail Realignment Project June 16, 2025
In 2014, the California Coastal Commission approved a North Coast Corridor Public Works Plan for SANDAG, and one of its many features included rail upgrades, such as double tracking along the current rail footprint. It did not, however, include the alternative alignments currently proposed for environmental review in the DEIR. Further, SANDAG did not follow the procedures established in Section 30515 of the Coastal Act of first seeking the City’s approval of an LCP amendment.
For SANDAG to effectively use the North Coast Corridor Public Works Plan to override the City’s LCP, the EIR/EIS would have to be certified and then SANDAG would submit an LCP amendment to the City. Should the City deny the LCP amendment, then SANDAG could appeal the denial to the California Coastal Commission for consideration. SANDAG has not met these regulatory requirements to effectively use the Public Works Plan to override the City’s LCP.
In summary, the California Coastal Commission’s approval of the 2014 North Coast Corridor Public Works Plan does not override the City’s authority under the Coastal Act to issue an LCP amendment for the Project. It is worth noting that the 11-year-old plan does not reflect the alternative alignments currently proposed, and in 2014, SANDAG failed to follow the necessary procedures to first submit an LCP amendment to the City prior to submitting the plan to the Coastal Commission for approval. These procedural failures and the fact that the 2014 North Coast Corridor Public Works Plan does not reflect the currently proposed alternative alignments voids the application of that plan to the Project.
III. The Project Objectives Place Rail Operations Above the Protection of Coastal Resources.
The first project objective is to improve reliability of rail service at the expense of the City’s businesses, residents, and the natural environment. This is highlighted by the fact that the goal is to “minimize negative effects” or “minimize impacts” to coastal resources or homes and businesses. CEQA’s role is to reduce significant environmental impacts to below a level of significance. (Public Resources Code Sec. 21081; CEQA Guidelines Sec. 15021). Placing operational efficiency above the protection of the natural environment is contrary to the principles of CEQA.
IV. The Project Objectives are Unclear and Incomplete.
The project goal and objectives included in the Updated NOP appear to place operational objectives before that of protecting the Del Mar community while the objectives state that the Project will minimize impacts to homes, businesses, and to natural resources it appears that any operational concern can override these impacts and that is not what CEQA requires. It further appears that the operational objectives could unfairly limit or unduly constrain the proposed alternative alignments making the protection of the Del Mar community a secondary concern rather than a primary concern of SANDAG. In sum, the Updated NOP’s objectives predetermine the outcome of the DEIR, and consequently, could forever change the character of our City.
As the City stated in its comments to the 2024 NOP, the objectives provide no definitive method of comparing the environmental impacts of the Project alternatives with one another or provide a means to fairly weigh which objectives have precedence over another alternative this is because the operational objectives appear to override community and environmental impacts. Other objectives should be included when evaluating the relative benefits of the Project to its alternatives, such as quantifying the impacts from condemnation, including its costs, the number of properties affected, impacts on residents and businesses, property value impacts, and timing 10 June 16, 2025 Item 9
City of Del Mar Comments – Updated NOP for San Diego LOSSAN Rail Realignment Project June 16, 2025
considerations. Also missing in the objectives are the avoidance and/or minimization of negative impacts on air quality and public health and safety. Nowhere in the objectives is public health seriously considered. If an alternative places our residents at risk from toxic air pollution it should be disregarded from the outset.
Determining the relative weight of an objective from the onset of the EIR process is foundational to transparency, not providing this decision-making framework before the DEIR is released for public review obscures the value of the objectives and leaves these decisions to staff alone.
The objectives should also include the relative impacts to the character of the coastal communities. At present only the City of Del Mar is being asked to bear all the adverse impacts of the Project when compared to other coastal communities. In sum, the objectives fail to take into consideration the impacts on each coastal community or city and the objectives should place the historic and unique character of each impacted coastal community above operational efficiencies.
V. The Project Description and Descriptions of Project Alternatives are Vague and Incomplete.
The City remains concerned with SANDAG’s approach of advancing multiple concepts (in this case, four alternative alignments including the “no build” option) for analysis in the DEIR without a clearly defined “Project Description” and without sufficient detail to understand the precise location of each of the alternatives. The Updated NOP continues to speak in terms of alternatives and fails to identify the actual project. Alternatives, under CEQA, are required to lessen the environmental consequences of the Project. Here, there is no single identified Project, just various alternatives. This basic failure further demonstrates why SANDAG should not be the Lead Agency.
CEQA requires a “proposed project” to be identified along with a “range of reasonable alternatives” to that proposed project. (Washoe Meadows Community v. Department of Parks & Recreation (2017) 17 Cal.App.5th 277, 290 [“The presentation of five very different alternative projects in the DEIR without the designation of a stable project was an obstacle to informed public participation”].) The EIR’s “bona fide subject” must be “[t]he defined project and not some different project.” (Concerned Citizens of Costa Mesa v. 32nd Dist. Agric. Assn. (1986) 42 Cal.3d 929, 938.) Further, inadequate or unstable descriptions of the Project may mislead the public and thwart the EIR process. (San Joaquin Raptor Rescue Center v. County of Merced (2007) 149 Cal.App.4th 645, 656.)
Without a clear identification of the proposed project, members of the public cannot comment in any meaningful way to the potential impacts of the project because there has been no identification of the proposed project. (Save Our Capitol! v. Department of General Services (2023) 87 Cal.App.5th 655, 676.) “A project description that gives conflicting signals to decision makers and the public about the nature of the project is fundamentally inadequate and misleading.” (South of Market Community Action Network v. City and County of San Francisco (2019) 33 Cal.App.5th 321, 332.) Here, the public is asked to conjure what a reasonable range of alternatives might be to each of the four proposed alignments, and to numerous options for portal locations. SANDAG staff’s recommendations to the Board of Directors identifies alternatives, but not the required proposed “bona fide” project. (CEQA Guidelines Sections 15378 and Section 15126.6).
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City of Del Mar Comments – Updated NOP for San Diego LOSSAN Rail Realignment Project June 16, 2025
VI. The Project and Each Alternative Should Be Fully Analyzed.
The alternatives analysis is the “core of the EIR.” (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal 3d 553, 564.) “One of [an EIR’s] major functions . . . is to ensure that all reasonable alternatives to proposed projects are thoroughly assessed by the responsible official.” (Laurel Heights Improvement Ass’n. v. Regents of the University of California (1988) 47 Cal. 3d 376, 400.) Accordingly, the Project and all alternatives should be reviewed in the DEIR at the same thorough level of analysis. Given the expansive scope and complexity of the Project, each alternative should be evaluated at the same level as the Project Description. Full analysis of each alterative is the only transparent method of insuring that the decision makers understand the full range of impacts of each alternative. The fundamental purpose of CEQA is to ensure informed decision-making. (Sierra Club v. County of Fresno (2018) 6 Cal.5th 502, 515.) This includes socioeconomic impacts, condemnation impacts, and resource protection issues, which are required under NEPA.
VII. There is no Federal Lead Agency.
SANDAG has yet to name their federal partner, which is critically important. The Project cannot proceed without federal funding and federal authorization. Failure to identify this federal partner will lead to a defective EIR because once an EIS is drafted, it is likely to contradict or add new evidence of impacts that are new or different than what the EIR evaluated. SANDAG, and more properly, the City should not proceed with the CEQA process until such time that a federal Lead Agency and a federal funding commitment has been made. Failure to secure a federal Lead Agency and associated funding is a prerequisite to proceeding with CEQA otherwise SANDAG is wasting valuable City and public resources. Finally, it is clear by federal statute that the Surface Transportation Board has plenary authority over rail expansion projects, yet they have to date shown no interest in the LOSSAN project. SANDAG is not entitled to shop for a favorable federal Lead Agency they are instead required to follow the regulations of the agency that has jurisdiction of major federal actions. (49 C.F.R. Part 1105).
VIII. The Range of Alternatives are Deficient.
The four alternatives do not provide solutions to the unprecedented impacts that the City will be asked to absorb. The City as a Lead Agency would explore solutions that avoid all impacts to the City and more directly connect to the I-5 corridor. Alternatives that transit through the City are not acceptable. Alternatives that result in significant condemnation proceeding are equally not acceptable. Yet, no alternatives were presented that avoid these profound impacts. In the below we provide a few summary comments as it relates to each of the four alternatives. However, SANDAG has again failed to identify a single proposed Project, and to substitute multiple alternatives does not solve the need to actually define the project. San Dieguito Bridge to 1-5 Alignment: This 6.8-mile alternative that follows the lagoon along an elevated bridge to a cut and cover tunnel and then transitions to an undergrounding project has significant promise to reduce community impacts to the City.
However, the key question left unaddressed is will this alternative be acceptable to the resource agencies given its proximity to protected wetlands? Should this alignment intrude into wetlands, how viable is this alternative? Moreover, the elevated bridge along the lagoon will impact protected public views to the coastline. The route could become more acceptable if it was contained fully in an underground tunnel or if the alignment was directed further away from protected wetlands and the community. 12 June 16, 2025 Item 9
City of Del Mar Comments – Updated NOP for San Diego LOSSAN Rail Realignment Project June 16, 2025
Under Crest Canyon Alignment: This alternative includes a north portal location that would require eminent domain to take private property and result in significant short-term and long-term impacts to Jimmy Durante Boulevard. This roadway is one of the City’s main arterial roadways and would cause major disruption to the entire City’s roadway system.
Finally, this alternative continues to require subsurface easements. Under Camino Del Mar Alignment: This alignment includes north and south portal locations in the City that require eminent domain of private property. Like the “Under Crest Canyon” alternative, this alignment would result in significant short-term and long-term impacts to Jimmy Durante Boulevard. Again, subsurface easements would also be required.
Del Mar Bluffs Double Track Reinforced Alignment: This alternative would result in significant and permanent impacts to protected and sensitive coastal resources, and the removal of permitted private encroachments in North County Transit District (NCTD) rightof-way. Environmental permitting of this alignment would face significant challenges.
Again, it is worth nothing that this alternative was previously studied and dismissed as infeasible for the reasons described above.
We appreciate the opportunity to comment on the NOP for the San Diego LOSSAN Rail Realignment Project and look forward to our discussion concerning the transfer of Lead Agency functions to the City.
Sincerely,
Terry Gaasterland
Mayor
cc: Del Mar City Council
Ashley Jones, Del Mar City Manager
Mario Orso, SANDAG Chief Executive Officer
Maria Rodriguez Molina, SANDAG Director of Mega Projects, Border, and Goods Movement
13 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 1 Updated Notice of Preparation
of a Draft Environmental Impact Report
May 16, 2025
Subject
Updated Notice of Preparation (NOP) of a Draft Environmental Impact Report (EIR) for the San Diego-Los Angeles-San Diego-San Luis Obispo (LOSSAN) Rail Realignment (SDLRR) Project (Project) located in the cities of Del Mar and San Diego, California.
Introduction
The San Diego Association of Governments (SANDAG), as the Lead Agency under the California Environmental Quality Act (CEQA), is continuing to initiate the preparation of a Draft EIR for the SDLRR Project and is issuing this Updated NOP to reflect outreach conducted to date and solicit additional input on the Project, including alternatives under consideration and environmental effects. SANDAG is preparing an Environmental Impact Report for the Project and decided to forego preparing an Initial Study (CEQA Guidelines 15063(a)) and move directly into the preparation of a Draft EIR. In addition to soliciting input from the public, SANDAG is requesting feedback from agencies as to the scope and content of environmental information that is relevant to an agency’s statutory responsibilities in connection with the SDLRR Project (e.g., if this Draft Environmental Impact Report [EIR] will be relied upon by the agency to satisfy CEQA obligations).
The SDLRR Project may require approvals and/or permits from agencies that would be subject to environmental review pursuant to the National Environmental Policy Act (NEPA). A NEPA Lead Agency has not yet been identified. Once the NEPA Lead Agency is identified, that agency will formally initiate the NEPA process.
Prior Notice of Preparation and Subsequent Public Input On June 4, 2024, SANDAG initiated formal environmental review of the SDLRR Project under CEQA, with the release of a NOP of a Draft EIR for the Project. The NOP identified three proposed build alternative alignments for consideration in an EIR, in addition to a No Project Alternative. SANDAG’s release of the NOP initiated a Draft EIR scoping period under CEQA which lasted through July 19, 2024, and sought to solicit public and stakeholder input on the alternatives identified.
Results of Public and Stakeholder Input – In response to feedback received during the scoping period and feedback from the SANDAG Board of Directors, SANDAG initiated a Value Analysis (VA) Study process comprised of representatives from SANDAG member agencies and other public agency stakeholders to gather additional input on the proposed alternatives included in the NOP and collaboratively brainstorm ideas for other potential project alignments. The VA Study was completed via a series of workshops and meetings between September and December 2024 with representatives from the cities of Carlsbad, Del Mar, Encinitas, San Diego, and Solana Beach; the 22nd District Agricultural Association (Del Mar Fairgrounds); the California Department of Transportation(Caltrans); and the North County Transit District (NCTD). The San Diego Metropolitan Transit System and City of Oceanside were invited but declined to participate. The VA Study was a collaborative and technically driven process, leveraging the knowledge of the multidisciplinary VA team, 14 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 2 including subject matter experts and stakeholders, with the goal of providing a fresh look at alternative concepts that would address the challenges that sea level rise and the eroding Del Mar bluffs pose to the reliability of passenger and freight service on the bluffs.
Throughout this process, the VA team stressed the following themes: desire to minimize risks from sea level rise and negative effects on biological resources and communities. The VA team also stressed the importance of public stewardship, including preserving prior and ongoing investments in the LOSSAN corridor and considerations on the cost of constructing and maintaining the Project. The VA team also provided the following input:
• Interest was noted for alignments to focus on minimizing effects to private property, including subsurface easements.
• Interest in exploring alignments that did not require portals, including an option that would keep the railroad tracks on the bluffs, as well as alignments with slower design speeds.
• Interest, consistent with feedback received during outreach efforts in 2023 and comments on the June 2024 NOP, to continue to study an Interstate 5 (I-5) alignment that is similar to alignments identified in prior studies (e.g., 2007 LOSSAN Programmatic EIR/EIS, 2023 Alternatives Analysis).
• Desire to minimize disruptions to economic generators, such as the Del Mar Fairgrounds and minimize conflicts with prior and ongoing infrastructure investments.
Collectively, these themes and input were incorporated into the updated Project objectives and the alternative concepts developed as part of the VA Study. Upon conclusion of the VA Study, staff applied the themes to the four alternatives described under the “Project Description” heading. The Final VA Study Report is available on the project website.
Background
The San Diego Subdivision is an approximately 60-mile section of the 351-mile LOSSAN Rail Corridor, linking San Diego, Los Angeles, and San Luis Obispo from the Orange County line to the Santa Fe Depot in Downtown San Diego. The LOSSAN Rail Corridor is the second busiest intercity passenger rail corridor in the United States and supports commuter (COASTER), intercity (Pacific Surfliner), and freight (BNSF) rail services. Currently, three quarters of the San Diego Subdivision is double tracked, resulting in a total of approximately 15 miles of single track and 45 miles of double track.
SANDAG Responsibilities
The San Diego Regional Transportation Consolidation Act (Senate Bill 1703, Peace) assigned SANDAG the responsibility for planning, funding allocation, project development, and construction in the San Diego region for all transit projects, including heavy rail. NCTD and San Diego Metropolitan Transit System retained the responsibility for the maintenance and operation of the rail services. As such, SANDAG is the CEQA Lead Agency for rail line projects proposed in San Diego County. As the County’s Metropolitan Planning Organization under federal and state law, SANDAG is also responsible for the development of the Regional Transportation Plan and a Sustainable Communities Strategy. The Regional Transportation Plan identifies transportation infrastructure investments and programming of transportation funding over a 30-year timeframe within the San Diego region in consideration of projected economic and population growth. The 2021 Regional Plan combines the Regional Transportation Plan and Sustainable Communities Strategy to achieve the regional 15 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 3 greenhouse gas emissions reduction targets set by the California Air Resources Board.
SANDAG’s current plan was adopted by the SANDAG Board of Directors in December 2021, with an amendment approved in October 2023.
As described in the 2021 Regional Plan, the regional vision for the San Diego Subdivision would result in an increase in commuter rail service operating at higher speeds in order to reduce travel times and provide a competitive alternative to driving, as well as aiding in continuation of goods movement through the region. The 2021 Regional Plan contemplates double tracking the remaining single-track segments of the LOSSAN Rail Corridor within San Diego County, modifications to the track configuration to accommodate higher speeds, and relocation of rail track into more climate resilient areas.
The segment of the San Diego Subdivision within the SDLRR Project area has experienced temporary closures and speed reductions resulting from bluff collapses, erosion, and repair work to stabilize the bluffs and protect the rail corridor from more substantial erosion effects.
Four bluff stabilization projects have been completed in Del Mar since 2003, with the construction of Phase 4 recently completed in 2021. A fifth stabilization project (Phase 5) began construction in spring 2024. Phase 5 focuses on addressing additional seismic and stabilization needs, installing additional support columns, and replacing aging drainage structures to support the existing tracks.
In addition to the stabilization projects, multiple emergency repairs have been required since 1996 due to bluff failures that threatened train operations. While the Phase 5 stabilization project addresses safety and operational concerns with a 30-year design life, the stabilization projects and emergency repairs do not provide a long-term solution for sea level rise and the ongoing coastal erosion that pose substantial safety and economic risks to the region. Bluff retreat is estimated to occur at an average rate of 0.4 to 0.6 foot per year; however, large episodic bluff failures can result in more than 20 feet of bluff edge retreat in a single event.
The California Coastal Commission (CCC) has required that SANDAG evaluate the removal of stabilization infrastructure prior to the expiration of the term of CCC approvals as part of their conditions of approval for current stabilization work. Further stabilization and emergency repair projects are likely to be required until the rail corridor is relocated from the coastal bluffs, or a more long-term structurally fortified solution is provided.
Study Area
The Project is located within portions of the cities of Del Mar and San Diego, as depicted on Figure 1. The Project study area begins at the future Special Events Platform that will be constructed as part of the San Dieguito Double Track Project in the north and ends at the Sorrento Valley Station in the south. The study area is generally bounded to the west by the Pacific Ocean and to the east by I-5.
16 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 4 Figure 1. Project Location
Note: Within the San Diego Subdivision, right-of-way north of Milepost 245.6 is owned by North County Transit District and right-of-way south of Milepost 245.6 is owned by Metropolitan Transit System. The future Special Events Platform has been approved and fully funded and will be constructed as part of the San Dieguito Double Track Project.
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17 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 5 Planning Documents and Prior Studies
The Project is part of a larger program of improvements to be implemented on the LOSSAN Rail Corridor to enhance the reliability of existing services between San Luis Obispo, Los Angeles, and San Diego. Previous planning and environmental studies have been undertaken to analyze the potential for realigning and double tracking the San Diego Subdivision in the Project study area through the cities of Del Mar and San Diego. • In 2007, Caltrans and the Federal Railroad Administration (FRA) finalized the Los Angeles—San Diego Final Program EIR/Environmental Impact Statement (EIS)1, and on March 18, 2009, a Record of Decision2 was published which records the decisions the United States Department of Transportation (U.S. DOT) made for proposed improvements to the LOSSAN Rail Corridor between Los Angeles and San Diego. The Program EIR/EIS carried forward two alternatives proposing tunnel options that deviated from the existing railroad alignment.
• In August 2014, the CCC unanimously approved the North Coast Corridor Public Works Plan/Transportation and Resource Enhancement Program (PWP/TREP)3 .
Jointly prepared by SANDAG and Caltrans, the PWP/TREP is a single, integrated document that establishes a framework for comprehensively planning, reviewing, and permitting of multimodal transportation improvements along a 27-mile corridor in North San Diego County that maintains and enhances public access and protects sensitive coastal resources. The scope of improvements discussed within the Project study area includes two conceptual alignments for a “rail tunnel to move the existing rail alignment away from the Del Mar bluffs, which are susceptible to failure and unable to accommodate double tracking due to significant excavation, stabilization and ongoing maintenance needs of such a facility” (Chapter 4). • In December 2017, SANDAG published a report entitled Conceptual Engineering and Environmental Constraints for Double Track Alignment Alternatives Between Del 1 Web Page:
https://railroads.dot.gov/elibrary/los-angeles-san-diego-lossan-corridor-program-final-progr ammatic-eireis
PDF:
https://railroads.dot.gov/sites/fra.dot.gov/files/2023-10/2.2.11%20LOSSAN%20Programmatic% 20EIR-EIS%20%282007%29_PDFa.pdf 2 Web Page:
https://railroads.dot.gov/elibrary/los-angeles-san-diego-lossan-corridor-program-eireis-reco rd-decision
PDF:
https://railroads.dot.gov/sites/fra.dot.gov/files/fra_net/192/LOSSAN_ROD_FINAL_2009.pdf 3 Web Page:
https://dot.ca.gov/caltrans-near-me/district-11/programs/district-11-environmental/i-5pwptoc/overview#Introduction 18 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 6 Mar Fairgrounds and Sorrento Valley4 that analyzed the feasibility of five potential options for relocating the existing San Diego Subdivision onto a new alignment with a double track tunnel away from the Del Mar bluffs. The study included conceptual engineering and preliminary construction costs for each alignment option. • In September 2018, Caltrans released the 2018 California State Rail Plan5, which established a statewide vision describing a future integrated rail system that provides comprehensive and coordinated service to passengers through more frequent service, and convenient transfers between rail services and transit. The plan recognized the challenges coastal erosion and sea level rise pose to the railroad tracks atop the eroding bluffs in Del Mar. It noted that about 50 trains on weekdays (mostly passenger) traverse the Del Mar bluffs, and sea level rise will accelerate erosion of the bluffs, threatening stability and the viability of the route. The plan states “erosion by 2100 could eliminate the rail line completely, as well as adjacent homes, absent preventative measures.”
• In December 2021, SANDAG adopted the 2021 Regional Plan6, which envisioned an expanded system of transit services to reduce greenhouse gases from automobiles, while promoting safe, clean, and economically friendly ways to move goods throughout the region and beyond. The 2021 Regional Plan envisioned the relocation, straightening, and double tracking of the rail line through the study area to a more climate resilient location that could reduce travel time and service reliability. • In June 2022, the CCC issued a Federal Consistency Certification (No. 0005-21) for the Del Mar Bluff Stabilization V project, which required SANDAG to evaluate the removal of all shoreline armoring after the expiration of the 30-year authorization period. The 30-year authorization period was to “allow SANDAG to protect the important railway line while planning of the pursuing [its] relocation.”
• In August 2023, SANDAG released the San Dieguito to Sorrento Valley Double Track Del Mar Tunnels Alternatives Analysis Report7, which refined five potential alignment alternatives based on the previous conceptual engineering study and evaluated them against a set of performance criteria. Two of these alternatives were advanced to 10 percent conceptual engineering and were further analyzed for engineering and environmental considerations. Based on feedback from stakeholders and community groups, four additional potential tunnel portal locations were then also evaluated to further minimize impacts on the community and private properties. Additional 4 Web Page: https://www.sandag.org/-/media/SANDAG/Documents/PDF/projects-andprograms/featured-projects/lossan-rail-improvements-del-mar-bluffs/del-mar-bluffsstabilization/alignment-alternatives-and-environmental-constraints-study-2017-2023-09-
08.pdf
Appendices: https://www.sandag.org/-/media/SANDAG/Documents/PDF/projects-andprograms/featured-projects/lossan-rail-improvements-del-mar-bluffs/del-mar-bluffsstabilization/alignment-alternatives-and-environmental-constraints-study-2017- appendices-2023-09-08.pdf 5 Web Page: https://dot.ca.gov/programs/rail/2018-california-state-rail-plan 6 Web Page: https://www.sandag.org/regional-plan/2021-regional-plan/final-2021-regionalplan 7 PDF: https://www.sandag.org/-/media/SANDAG/Documents/PDF/projects-andprograms/featured-projects/lossan-rail-improvements-del-mar-bluffs/del-mar-bluffsstabilization/lossan-sdsvdt-alternatives-analysis-2023-09-01.pdf 19 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 7 conceptual alignments were considered at a high level to demonstrate potential connections between various portal locations.
• In May 2024 SANDAG released the Alignments Screening Report8, which documented, assessed, and incorporated into the formal environmental review process for the SDLRR Project the alignments developed as a result of previous planning studies, additional design, and public engagement in advance of the commencement of the formal environmental review process. The report recommended a subset of alignments for inclusion in the June 2024 NOP for the SDLRR Project for further input on the Draft EIR scope and the alignments identified in the NOP.
• In June 2024 SANDAG released the NOP9 which initiated formal environmental review of the SDLRR Project under CEQA. The NOP identified three proposed alternative alignments for consideration in the Draft EIR, and a No Project Alternative. • In January 2025 Caltrans released the final 2024 California State Rail Plan10, which states “The rail line around San Clemente and the Del Mar bluffs in California is a scenic and crucial segment of the coastal rail corridor, connecting the southern Orange County area to San Diego, and facing ongoing challenges related to erosion and environmental concerns. The State views improving the resiliency in these areas as absolutely critical…” It goes on to recognize relocation of the tracks off the bluffs in Del Mar as a potential way to permanently improve climate resiliency and commits to providing funding and working to streamline the delivery of priority projects in this key corridor.
• In February 2025 SANDAG released the Final Value Analysis Study Report11, which documented the VA Study that was completed via a series of workshops and meetings with representatives from the cities of Carlsbad, Del Mar, Encinitas, San Diego, and Solana Beach; the Del Mar Fairgrounds; Caltrans; and NCTD from September through December 2024. The VA Study was a collaborative process leveraging the knowledge of the multidisciplinary VA team to brainstorm ideas for potential project alignments and other refinements to the Project. The VA Study Report is a summary of the VA Study and presents the ideas, suggestions, and alternative concepts developed and evaluated collaboratively by the VA team. • In May 2025 SANDAG released the San Diego LOSSAN Rail Realignment Project Post Value Analysis Study Assessment12, which documented the steps taken by SANDAG staff following the VA Study. The outcomes of the VA Study Report helped inform SANDAG staff considerations of potential alternative concepts and refinements. This 8 PDF: https://www.sandag.org/-/media/SANDAG/Documents/PDF/projects-andprograms/featured-projects/lossan-rail-improvements-del-mar-bluffs/lossan-realignment/sdlossan-rail-realignment-screening-2024-06-03.pdf 9 PDF: https://www.sandag.org/-/media/SANDAG/Documents/PDF/projects-andprograms/featured-projects/lossan-rail-improvements-del-mar-bluffs/lossan-realignment/sdlossan-rail-realignment-nop-2024-06-03.pdf 10 Web Page: https://dot.ca.gov/programs/rail/california-state-rail-plan 11 PDF: https://www.sandag.org/-/media/SANDAG/Documents/PDF/projects-andprograms/featured-projects/lossan-rail-improvements-del-mar-bluffs/lossanrealignment/sandag-lossan-rail-realignment-final-value-analysis-study-report-2025-02-
07.pdf
12 PDF: https://www.sandag.org/sdlrrpostvastudyassessment 20 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 8 document summarizes the SANDAG staff recommendation, based on information gained during the VA Study.
Public Outreach
Leading up to and following the release of the June 2024 NOP, SANDAG conducted public outreach events to inform, engage, and solicit public input to refine the description of the Project and the range of alternatives to be identified in the NOP. The meetings are listed below and videos for many of these meetings are available on the SANDAG website. • July 24, 2023: SANDAG presentation to Del Mar City Council • August 30, 2023: SD LOSSAN Rail Realignment Del Mar Community Open House • October 4, 2023: LOSSAN Tunneling Workshop
• October 19, 2023: LOSSAN Virtual Information Session
• November 6, 2023: LOSSAN Alignments Workshop Del Mar
• November 7, 2023 – December 19, 2023: Weekly Community Field Office Hours • November 15, 2023: LOSSAN Alignments Workshop Carmel Valley • February 5, 2024: SANDAG presentation to Del Mar City Council • March 19, 2024: SANDAG presentation to Torrey Pines Community Planning Board • April 19, 2024: Oceanside Transit Center
• April 22, 2024: Encinitas Transit Center
• April 26, 2024: Solana Beach Transit Center
• April 30, 2024: Solana Beach Transit Center
• May 3, 2024: Old Town Transit Center
• May 14, 2024: Carlsbad Village Transit Center
• May 17, 2024: 12th and Imperial Transit Center
• June 1, 2024: Del Mar Farmer’s Market
• June 5, 2024: Solana Beach Transit Center
• June 7, 2024: Solana Beach Transit Center
• June 11, 2024: Solana Beach Transit Center
• June 18, 2024: Public Scoping Meeting
• June 26, 2024: Solana Beach City Council Meeting
• June 28, 2024: Carlsbad Village Station
• July 10, 2024: Encinitas Transit Center
• July 16, 2024: Oceanside Transit Center
• July 18, 2024: SANDAG presentation to NCTD Board of Directors • July 26: Solana Beach Transit Center
• February 11, 2025: SANDAG presentation to 22nd District Agricultural Association (i.e., Del Mar Fairgrounds) Board meeting
• February 12, 2025: SANDAG presentation to Solana Beach City Council • February 13, 2025: Solana Beach Office Hours
21 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 9 • February 18, 2025: SANDAG presentation to Del Mar City Council • February 19, 2025: Del Mar Public Information Session • February 20, 2025: SANDAG presentation to Torrey Pines Community Planning Board • February 28, 2025: SANDAG Board of Directors meeting
Project Goal and Objectives
The Project goal is as follows:
• To maintain and enhance passenger and freight service along the San Diego segment of the LOSSAN rail corridor.
The Project objectives are as follows:
• Improve rail service reliability by minimizing risks from climate change, including consideration of sea level rise, flooding, and the stability of the coastal bluffs. • Maintain passenger rail service to Solana Beach and Sorrento Valley and accommodate direct rail access to the 22nd District Agricultural Association (Del Mar Fairgrounds) while minimizing disruptions to passenger and freight service during construction.
• Minimize impacts to existing homes, businesses, tourism, and major economic generators, including the Del Mar Fairgrounds, and transportation facilities during and after construction.
• Avoid and/or minimize negative effects, and where possible enhance biological, cultural, and recreational resources of national, state, or local significance, including publicly owned parks, recreational trails, beaches, wetlands, ecological reserves, wildlife or waterfowl refuges, and any publicly or privately owned historic site listed or eligible for listing on the National Register of Historic Places. • Help meet the goals of the 2021 Regional Plan and the 2024 California State Rail Plan by increasing passenger and freight train capacity, further reducing travel times, improving reliability, and considering existing and planned investments. • Improve coastal access and safety by eliminating at grade railroad crossings and minimizing points of interaction between rail and all other modes of transportation. • Demonstrate good public stewardship by delivering the project in a timely way that considers prior and ongoing investments, construction, right-of-way, operations, and maintenance costs.
Project Description
SANDAG proposes to improve resiliency and reliability of the segment of the San Diego Subdivision within the cities of Del Mar and San Diego where the rail line runs along a terrace on the eroding coastal bluffs. This includes double tracking the alignment between the future Special Events Platform that will be constructed as part of the San Dieguito Double Track Project in the City of Del Mar and the north end of Sorrento Valley in the City of San Diego. The improved resiliency and double tracking of the alignment would reduce reliability risks caused by bluff erosion and provide greater track capacity for trains that use the corridor, enabling projected increases in service and minimizing conflicts with pedestrians.
The Project may include removal of existing stabilization infrastructure, consistent with the CCC’s conditions of approval for the Del Mar stabilization projects. 22 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 10 Pursuant to State CEQA Guidelines, the SDLRR Draft EIR will consider a No Project Alternative and a reasonable range of Project alternatives. In accordance with CEQA, SANDAG has identified alternatives to be analyzed in the Draft EIR based on their potential feasibility, ability to attain the Project goal and the majority of the Project objectives, and potential to avoid or substantially lessen the significant effects of the Project and evaluate the comparative merits of the alternatives (California Code of Regulations title 14 § 15126.6).
As a result of prior planning studies, community engagement, comments received during the 2024 NOP scoping period, and the VA Study, in addition to the No Project alternative, four alternative alignments are proposed for analysis in the Draft EIR, as depicted on Figure 3.
Of the four alternative alignments, three include a tunnel and have common components including a north and south portal, a bored tunnel connecting the portals, and double tracking of the rail line. These common components are described below under the heading “Tunnel Alternatives”. The fourth alternative alignment does not include a tunnel or portals and is described below under the heading “Non-Tunnel Alternative”.
The alignment types and infrastructure components defined in the callout box and depicted on Figure 2 are applicable to multiple of the alternative alignments.
Graded: rail tracks constructed on flat ground, earthen berms, or cuts into hillsides.
Floodwalls: a freestanding structure built along a shore or bank to prevent encroachment of floodwaters.
Berm: a segment of track that is on raised ground.
U-structure: a rectangular shaped structure with only three sides that is excavated from the surface and leaves an opening in the surface to allow the track to transition from a tunnel to the surface level.
Cut-and-cover tunnel: a rectangular shaped tunnel that is constructed within a trench which is excavated from the surface and then covered after it is constructed.
Bored tunnel: a circular shaped tunnel that is constructed using a tunnel boring machine that digs or bores through the earth without removing the ground above.
Portal: entrance to the tunnel.
Bridge: aerial structure carrying the rail tracks over roadways, canyons, or water.
Trench: a depressed section which is excavated from the surface that is typically protected with retaining walls.
23 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 11 Figure 2. Project Alignment Types and Infrastructure Components Tunnel Alternative Alignments
The three tunnel alternative alignments are (1) San Dieguito Bridge to I-5 Alternative Alignment; (2) Under Crest Canyon Alternative Alignment; and (3) Under Camino Del Mar Alternative Alignment. Each alternative alignment is described below and includes the following components:
• Removal of existing rail infrastructure (e.g. rail track, ties, and ballast) on areas no longer needed after track relocation (timing of removal dependent on coordination with, and approval by, the rail owner and operators)
• Construction of bridge structures
• Construction of U-structures, retaining walls, and floodwalls • Construction of twin-bored tunnels and cut-and-cover tunnels • Construction of tunnel portals and associated portal infrastructure • Installation of a tunnel system power supply
• Installation of tunnel ventilation systems
• Installation of communication systems, including signals, switches, and control points • Modifications to drainage and roadways, as needed
• Relocation of utilities, as needed
• Potential placement of beach-quality sand excavated from tunnel boring activities onto beach(es) or near shore, in the vicinity of the study area • Removal of prior bluff stabilization improvements consistent with the CCC’s certification of Federal Consistency Certifications
Graded Floodwalls Berm
Cut-and-Cover Tunnel Bored Tunnel Portal
U-Structure Bridge Trench
24 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 12 North Portals
Two north portal locations have been identified depending on the track alignment. The portal locations are as follows:
Under Jimmy Durante Boulevard
This proposed portal would be located north of the intersection of Camino Del Mar and Jimmy Durante Boulevard. The portal’s infrastructure would cross underneath Jimmy Durante Boulevard, which would be raised. The portal structures would potentially extend into commercial and residential properties.
Racetrack View Drive
This proposed portal would be located east of Crest Canyon Trail and south of Racetrack View Drive. The portal infrastructure would be located within the northern portion of Crest Canyon Open Space Park.
South Portals
Two south portal locations have been identified depending on the track alignment. The portal locations are as follows:
Torrey Pines Road West
This proposed portal would be located near the intersection of Carmel Valley Road and North Torrey Pines Road. The portal infrastructure would be located on the southside of Carmel Valley Road.
Knoll Near I-5
This proposed portal would be located at a knoll south of Carmel Valley Road between I-5 and the segment of Sorrento Valley Road Trail that is closed to public vehicular traffic but open for bikes, pedestrians, and authorized vehicles. The portal infrastructure would be within the undeveloped knoll and extend into the Los Peñasquitos Lagoon.
San Dieguito Bridge to I-5 Alternative Alignment:
As depicted on Figure 4, the San Dieguito Bridge to I-5 Knoll Alternative has two design variations that will be evaluated at the northern extent. One variation would transition from the south end of the future San Dieguito Double Track Project bridge and the other would transition from the south end of the future Special Events Platform. Both options would curve to the east toward the intersection of Jimmy Durante Boulevard and San Dieguito Drive. The alignment would be on a bridge located adjacent to the south side of San Dieguito Lagoon. The alignment would pass over Jimmy Durante Boulevard and continue over Racetrack View Drive on a bridge and then enter the Racetrack View Drive North Portal. The alignment would continue southeast and turn to follow under the I-5 freeway, then continue south and exit at the Knoll Near I-5 South Portal. The alignment would then rise above ground as it transitions back into the existing railroad alignment north of the Sorrento Valley Station.
25 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 13 During the post-VA Study period, SANDAG also conducted outreach in stakeholder communities. During those events, stakeholders described a more northerly variation of this alternative alignment. Staff will explore this design concept during the environmental process.
Under Crest Canyon Alternative Alignment:
As depicted on Figure 5, the Under Crest Canyon Alternative Alignment is approximately 5.1 miles in length and would descend immediately south of the future San Dieguito Double Track Project bridge that spans over the San Dieguito Lagoon and enter the Under Jimmy Durante Boulevard North Portal, then continue south, following under Crest Canyon, and exit at the Knoll Near I-5 South Portal. The tracks would then rise above ground as it transitions back into the existing railroad alignment north of the Sorrento Valley Station.
Under Camino Del Mar Alternative Alignment:
As depicted on Figure 6, the Under Camino Del Mar Alternative Alignment is approximately
4.9 miles in length and would descend immediately south of the future San Dieguito Double Track Project bridge that spans over the San Dieguito Lagoon and enter the Under Jimmy Durante Boulevard North Portal. This alternative would continue south, following mostly under Camino Del Mar, and exit at the Torrey Pines Road West South Portal, on a bridge over the Los Peñasquitos Lagoon, and then transition back to the existing railroad alignment. The existing railroad alignment within Los Peñasquitos Lagoon would be double tracked, which would require raising and widening the existing berm in the lagoon to address flooding and sea level rise projections.
Non-Tunnel Alternative Alignment
Del Mar Bluffs Double Track Reinforced Alternative Alignment The non-tunnel alternative alignment, referred to as the Del Mar Bluffs Double Track Reinforced Alternative Alignment, includes the following components:
• Construction of a second railroad track adjacent to the existing line on the Del Mar bluffs
• Construction of a trench and retaining walls
• Construction of bluff stabilization elements, including new and expanded seawalls • Construction of new and/or retrofit of existing bridge structures • Installation of communication systems, including signals, switches, and control points • Modifications to drainage and roadways, as needed
• Relocation of utilities, as needed
• Potential placement of beach-quality sand excavated from the trench excavation activities onto beach(es) or near shore, in the vicinity of the study area • Grade separation of the rail line under Coast Boulevard 26 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 14 As depicted on Figure 7, the Del Mar Bluffs Double Track Reinforced Alternative Alignment would begin south of the Camino Del Mar roadway bridge and descend into a trench along the existing railroad alignment to the south and pass under Coast Boulevard removing the existing at-grade roadway crossing (i.e., railroad grade separation). The grade separation would also require raising Coast Boulevard to provide the necessary clearance. This alternative would continue south ascending to grade along the existing railroad alignment with grading and drainage improvements. This segment would require retaining walls along the eastern boundary. On the western side, adjacent to the beach, this alternative would include slope stabilization, including approximately 1.5 miles of sea walls up to approximately 20 feet in height. This alternative alignment would expand and increase the size of the existing stabilization infrastructure. The existing North Torrey Pines Road Overhead Bridge at the southern end of the bluffs may require modifications to accommodate the additional track. South of this bridge, the alternative would continue south on bridge and widened berm over Los Peñasquitos Lagoon, and then transition back to the existing railroad alignment. The existing railroad alignment within Los Peñasquitos Lagoon would be double tracked, which would require raising and widening the existing berm in the lagoon to address flooding and sea level rise projections.
No Project Alternative
The No Project Alternative would consist of the continuation of an existing single-track alignment along the bluffs that would require the continuation of major stabilization efforts to protect the tracks. The stabilization efforts would require the continued use and possible expansion of the existing stabilization infrastructure.
Potential Environmental Effects
The EIR will address impacts to the following resource categories listed in Appendix G:
1. Aesthetics
2. Air Quality
3. Biological Resources
4. Cultural Resources
5. Energy
6. Geology and Soils
7. Greenhouse Gas Emissions
8. Hazards and Hazardous Materials
9. Hydrology and Water Quality
10. Land Use and Planning
11. Mineral Resources
12. Noise and Vibration
13. Population and Housing
14. Public Services
15. Recreation
16. Transportation
17. Tribal Cultural Resources
18. Utilities and Service Systems
19. Wildfire
20. Mandatory Findings of Significance
In addition, the EIR will address cumulative impacts, growth-inducing impacts, and other mandatory CEQA topics.
Comments Requested
Comments in response to this NOP should be provided to SANDAG at the earliest possible date but not later than 45 days after receipt of this notice (May 16, 2025). Your comments may be submitted in writing to SANDAG no later than June 30, 2025. 27 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 15 SANDAG is seeking input on the Draft EIR scope, including the alternative alignments under consideration and potential environmental effects. A public scoping meeting is scheduled on May 29, 2025, from 6:00 to 7:30 p.m., as noted below. Written comments should be sent to SANDAG, 1011 Union Street, Suite 400, San Diego, CA 92101, ATTN: LOSSAN Comments; via email with subject line “SDLRR Project NOP” to: [email protected]; or online at sandag.org/railrealignment. Comments may also be provided orally or in writing via the public scoping meeting.
Public Scoping Meetings
Pursuant to Public Resources Code Section 21083.9, a public scoping meeting is scheduled for May 29, 2025, from 6:00 p.m. to 7:30 p.m. at The Sound at the Del Mar Fairgrounds, 2260 Jimmy Durante Boulevard, Del Mar, CA 92014.
Additional Information
For additional information regarding the SDLRR Project, the scoping period, or the environmental process, please contact [email protected] or visit sandag.org/railrealignment.
28 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 16 This page is intentionally blank.
29 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 17 Figure 3. Four Project Alternative Alignments
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30 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 18 This page is intentionally blank.
31 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 19 Figure 4. San Dieguito to I-5 Alternative Alignment
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32 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 20 This page is intentionally blank.
33 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 21 Figure 5. Under Crest Canyon Alternative Alignment
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34 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 22 This page is intentionally blank.
35 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 23 Figure 6. Under Camino Del Mar Alternative Alignment
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36 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 24 This page is intentionally blank.
37 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 25 Figure 7. Del Mar Bluffs Double Track Reinforced Alternative Alignment J ] ..... ,. ,. I y
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38 June 16, 2025 Item 9
Updated Notice of Preperation of a Draft Environmental Impact Report 26 This page is intentionally blank.
39 June 16, 2025 Item 9
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us July 19, 2024
San Diego Association of Governments (SANDAG)
401 B Street, Suite 800
San Diego, CA 92101
[email protected]
ATTN: Tim Pesce
Re: City of Del Mar Comments on the Notice of Preparation (NOP) of a Draft Environmental Impact Report (EIR) for the LOSSAN Rail Realignment Project Dear Mr. Pesce,
Thank you for the opportunity to comment on the LOSSAN Rail Realignment Project (“Project”).
The City of Del Mar provides the following comments to ensure that the Draft Environmental Impact Report (“DEIR”) fully analyzes the Project and a range of alternatives aimed at avoiding the Project’s adverse impacts. Our comments reflect the grave concerns that our community members have expressed in public hearings to the City Council. The Project and its alternatives have the potential to adversely impact our community’s quality of life, tourism, local businesses, tax revenue, property values, and our unique and sensitive coastal resources.
The Project’s expansive environmental impacts have potential to threaten our community character, history, and our citizens’ health and wellbeing.
I. The Project Description and Descriptions of Project Alternatives are Vague and Incomplete.
Generally, the NOP is deficient in several regards. First, both the Project Description and the three alternatives fail to provide enough detail for a reader to determine the scope and level of environmental impacts. It fails to identify a complete list of construction related impacts, shortterm and long-term health risks, socioeconomic impacts, the property condemnation process, and what properties could be taken, hazardous material transportation risks, geologic impacts, and the full impact on coastal resources.
Additionally, while the NOP identifies three alternative rail alignments, it does not clearly identify the “proposed project.” The California Environmental Quality Act (“CEQA”) requires a “proposed project” to be identified along with a “range of reasonable alternatives” to that proposed project.
The EIR’s “bona fide subject” must be “[t]he defined project and not some different project.” (Concerned Citizens of Costa Mesa v. 32nd Dist. Agric. Assn. (1986) 42 Cal.3d 929, 938.) Further, inadequate or unstable descriptions of the Project may mislead the public and thwart the EIR process. (San Joaquin Raptor Rescue Center v. County of Merced (2007) 149 Cal.App.4th 645, 656.)
Without a clear identification of the proposed project, members of the public cannot comment meaningfully on the NOP. (Save Our Capitol! v. Department of General Services (2023) 87 40 June 16, 2025 Item 9
City of Del Mar Comments – LOSSAN Rail Realignment NOP
July 19, 2024
Cal.App.5th 655, 676.) “A project description that gives conflicting signals to decision makers and the public about the nature of the project is fundamentally inadequate and misleading.” (South of Market Community Action Network v. City and County of San Francisco (2019) 33 Cal.App.5th 321, 332.) Here, the public is asked to conjure what a reasonable range of alternatives might be to each of three proposed alignments, and to numerous options for portal locations. The current NOP identifies alternatives, but not the required proposed “bona fide” project. (CEQA Guidelines Sections 15378 and Section 15126.6).
Critically, the NOP does not identify whether rail removal from the bluff is part of the Project to be addressed in the DEIR. The NOP states part of the Project objective is to “Improve rail service reliability by relocating the existing railroad tracks away from the eroding coastal bluffs in Del Mar.” But the project description cannot fail to describe key elements of the Project. (San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1994) 27 Cal.App.4th 713, 730-35.) CEQA explicitly defines a project to be studied in an EIR as “the whole of an action” and does not allow breaking a project into smaller pieces to reduce the cumulative effects of a larger project.
Section 15378 subdivision (a) of the CEQA Guidelines clearly defines a “project” as ”the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment…” (See also, Bozung v. Local Agency Formation Commission (1975) 13 Cal. 3d 263, 283-284 [“environmental considerations do not become submerged by chopping a large project into many little ones -- each with a minimal potential impact on the environment -- which cumulatively may have disastrous consequences.”].)
Here, the DEIR must consider all Project elements, including the removal of existing rail structures and any additional facilities as part of the overall Project.
II. NEPA is Required.
While the NOP suggests that a National Environmental Policy Act (“NEPA”) document is required and will be prepared, the NOP omits the identification of the lead agency for that document. It is unclear why SANDAG omitted the identification of the relevant federal agency . The Federal Rail Administration’s (“FRA”) mission is “to enable the safe, reliable, and efficient movement of people and goods.” Thus, the FRA would be the likely candidate, or alternatively, the Surface Transportation Board, which is charged with economic regulation of rail. In any case, regardless of the agency a joint EIR/EIS (Environmental Impact Study) should be prepared for the Project.
The coordination between the State, SANDAG, and the federal government is critically important to this Project and owed to the citizens of the region. Given that the Project will be subject to NEPA, the EIR needs to address irreversible changes to the environment. (CEQA Guidelines Section 15127). It is undeniable that the Project will have significant irreversible impacts to local coastal communities, wetlands, and require the relocation of residents.
III. The City of Del Mar Is a “Responsible Agency” Under CEQA.
The City of Del Mar is a “Responsible Agency” under CEQA and maintains all review and adoption rights granted under CEQA. CEQA defines a "Responsible Agency" as “an agency other than the lead agency with a legal responsibility for carrying out or approving a project” and mandates that “a responsible agency… be involved during the project scoping, planning and CEQA document preparation stages.” (CEQA Guidelines, Sections 15096 and 15381). Here, the City of Del Mar 41 June 16, 2025 Item 9
City of Del Mar Comments – LOSSAN Rail Realignment NOP
July 19, 2024
will have the authority and the discretion to issue Coastal Development Permits and approve other discretionary permits such as encroachment permits and traffic plans. Accordingly, the City qualifies as a Responsible Agency under CEQA and must be treated as such.
IV. Objectives are Incomplete.
The Objectives listed in the NOP, and particularly regarding the 2021 Regional Plan and the 2018 California State Rail Plan, are too broad. Moreover, the objectives provide no definitive method of comparing the environmental impacts of the Project alternatives with one another. Other objectives should be included when evaluating the relative benefits of the Project to its alternatives, such as quantifying the impacts from condemnation including its costs, the number of properties affected, impacts to residents and businesses, property value impacts, and timing considerations. And while the NOP broadly identifies some environmental impacts based on their resource categories, the NOP and any EIR/EIS should rank the significance of such impacts compared to other impacts. For example, if one alternative impacts a wetland resource while another alternative does not but has other serious public safety impacts, how will the agency resolve these conflicts between the objectives? The objectives should also include the relative impacts to the character of the coastal communities. Will one coastal city bear all the adverse impacts of the Project when compared to other coastal communities? In sum, the objectives fail to take in consideration the impacts on each coastal community or city and the objectives should recognize the historic and unique character of each impacted community.
V. Construction Impacts Have Not been Defined.
CEQA requires that construction impacts be analyzed, even though they are temporary. (City of Arcadia v. State Water Resources Control Bd. (2006) 135 Cal.App.4th 1392, 1425.) The NOP fails to properly identify the full range of construction related impacts in both the Project Description and its alternatives. It is a given that construction of the Project or the selection of any one of the alternatives will involve several years of construction. These multiyear projects are complex and have discrete construction phases and elements. Each phase of construction should be analyzed, and each major Project element should be evaluated. For example, the boring tunnels or cut and cover should each be fully evaluated as their own discrete Project element.
Impacts to be Addressed During Construction:
During each construction phase the DEIR must address impacts and include appropriate mitigation measures to reduce levels to insignificance related to:
• Noise impacts to residents and businesses, the number of residents and businesses impacted compared to the no-project alternative and the three alternatives listed in the NOP.
• Vibration impacts to adjacent residents and businesses, and the potential occurrence of earthquakes during construction.
• Air pollution impacts during construction and the number of residents and businesses impacted by the Project and its alternatives.
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• Water pollution runoff that includes surface and ground water deterioration or impacts associated with accidental spills during construction.
• Risks associated with hazardous materials, including petroleum products during construction.
• Evaluation of the increased risk of derailments or other rail accidents from construction activities.
• Direct and indirect impacts to the San Dieguito and Peñasquitos Lagoons during each phase of construction.
• Impacts to public health during construction.
• Identification of unstable soils and other geologic risks during construction. • Identification of how drainage and runoff issues will be mitigated during construction. • Identification of the impacts from tunneling when the tunnel is below the water table and of any required dewatering.
• Identification of where soils will be disposed, including location, manner, and volume of soil disposal.
• Identification of increases in pollutant emissions during each phase of construction. • Identification of locations subject to nighttime construction and potential impacts to birds, other wildlife, and nearby residents.
• Identification of all related traffic impacts and mitigation, including alternate traffic and emergency evacuation routes. The duration of each alternate traffic route should be identified, and a reasonable range of traffic mitigation measures should be provided. • Impacts on property values and the loss of tax revenue.
VI. The Project and Each Alternative Should Be Fully Analyzed.
The alternatives analysis is the “core of the EIR.” (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal 3d 553, 564.) “One of [an EIR’s] major functions . . . is to ensure that all reasonable alternatives to proposed projects are thoroughly assessed by the responsible official.” (Laurel Heights Improvement Ass’n. v. Regents of the University of California (1988) 47 Cal. 3d 376, 400.) Accordingly, the Project and all alternatives should be reviewed in the DEIR at the same thorough level of analysis. Given the expansive scope and complexity of the Project each alternative should be evaluated at the same level as the Project Description. Full analysis of each alterative is the only transparent method of insuring that the decision makers understand the full range of impacts of each alternative. The fundamental purpose of CEQA is to ensure 43 June 16, 2025 Item 9
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informed decision-making. (Sierra Club v. County of Fresno (2018) 6 Cal.5th 502, 515.) This includes socioeconomic impacts, condemnation impacts, and resource protection issues, which are required under NEPA.
Impacts to be Addressed During Rail Operations Post-Construction:
The DEIR should specifically analyze the following potential environmental impacts due to rail operations after the Project is constructed:
• Geotechnical impacts including long-term settling, water drainage, impact of earthquakes, sea-level rise, composition of soils, and settlement of the tunnel structures.
• Long term impacts of single bore vs. twin bore tunnel construction. • Impacts to the San Dieguito and Los Peñasquitos Lagoons. • Impacts to the hydrology of the San Dieguito River and the City of Del Mar’s ability to construct a living levee(s).
• Impacts on property values and the loss of tax revenue. • Disruption to the community from relocation of residents and businesses. • Identification of which properties will be subject to eminent domain. • Identification of the short-term and long-term impacts to the tourism industries of the coastal communities.
• Impacts to City of Del Mar revenues during operations and including the long-term economic impacts to the City.
• Future increases of passenger and freight operations should be clearly quantified, and as rail traffic increases, each associated environmental impact should be identified and mitigation measures proposed.
• The DEIR should analyze the environmental benefits of each alternative alignment as compared to the Project. Again, each alternative should be fully analyzed at the same level of the Project.
• The DEIR should include examples of similar passenger and freight train tunnels that have been constructed under residential areas with similar geological features and provide both the short-term and long-term impacts to both the residential and business communities.
• The DEIR should visually document and map the precise path of the Project and the alternatives routes.
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• The EIR preparer should use drones to visually map the proposed portal locations to create realistic 3D renderings.
• Provide the public with three-dimensional models (physical or computer graphic) of the alternative portals, permanent facilities, private and public property to be acquired, elevated Jimmy Durante Boulevard, new above ground track alignment with elevated berms, floodwalls, U-structures, and cut and cover tunnels with their locations, designs and any landscaping details.
• Prior to and in the DEIR, SANDAG should install story poles showing building/tunnel ventilation locations, and at each proposed portal site for the public to view prior to the close of the comment period.
• The DEIR should consider the worst-case scenario and the associated public health and safety concerns of a freight train derailment occurring within a tunnel and account for trains that carry hazardous and/or flammable materials. In this regard, the DEIR should address the personnel and emergency equipment needed to respond to such an event, and whether the tunnel design will integrate fire suppression systems, public alert systems, and whether evacuation plans will be put in place prior to operations. • The DEIR should address pollutant air emissions from the tunnel portals and/or ventilation systems. The DEIR should address the public health impacts from these pollutants and identify the sensitive receptors living or working near these pollutant point sources.
• Identification at a NEPA level of all economic and social impacts to each city in the Project area and their residents and businesses.
• Identification of the public safety risk from derailments, pedestrian strikes, transportation of military munitions, and hazardous waste transportation.
VII. The DEIR Should Address the Range of Socioeconomic Impacts to Each Coastal Community.
It is appropriate for the DEIR to address socioeconomic impacts associated with the Project and for each of its three alternatives. The Project has the potential to literally fractionize communities, cause mass relocations of residents and businesses, disrupt tourism for many years, decrease property values, and increase health risks. CEQA provides the ability for SANDAG to address these project consequences in CEQA Guidelines Section 15131(b):
(b) Economic or social effects of a project may be used to determine the significance of physical changes caused by the project. For example, if the construction of a new freeway or rail line divides an existing community, the construction would be the physical change, but the social effect on the community would be the basis for determining that the effect would be significant.
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July 19, 2024
The Project will split Del Mar above and below ground. The social and economic impacts to residents and the business community, City finances, property values, Fairgrounds attendance, short and long-term impacts to tourism, and indirect impacts to the community’s sense of wellbeing and safety all should be addressed.
VIII. Other CEQA Issues Must Be Addressed in the DEIR.
The DEIR should address additional CEQA issues, including, but not limited to:
• The DEIR should address for Alternative A (I-5 Alignment), the additional impact of requiring a 2% grade (downward north to south) in the Solana Beach trench on top of the already planned double tracking construction.
• The DEIR should also include if there is any additional trenching needed for the downward grade beyond what is needed for the double tracking. The DEIR should also identify if the trench will be “covered” and where covering would occur. • The DEIR should identify the trade-offs and parameters to be considered when deciding where to end tunneling and start cut-and-cover at the north end of Alternative A.
• Identify the incremental cost of double tracking in Solana Beach versus Alternative A. • As part of the Alternative analysis, identify whether tunneling can extend further northward and thus shift the cut-and-cover north, closer to Via de la Valle. • Identify the necessary tunnel depth to avoid or reduce noise and vibration impacts to residential and business properties that are above or near the tunnel to a level of insignificance.
• The DEIR should identify all right-of-way acquisitions by Assessor Parcel Number (APN) for the Project and its alternatives.
• Identify specific (by APN) residential and commercial property located within 500 feet of portals/tunnels for all alignments.
• In addition to public views, identify all private property view modifications for the Project and for each alternative.
• Address if there will be significant impacts to Steven’s Creek resulting from the Project and its alternatives.
• Show the ventilation plan for the Project and each alternative. • Identify the noise impacts of each tunnel ventilation system including impacts to adjacent properties.
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• Identify and incorporate mitigation measures to reduce noise impacts emanating from the trains that extend out from the portals and to local residences and businesses for the Project and its alternatives.
• Identify and incorporate mitigation measures for any tunnels located under private properties and businesses, including state-of-the art vibration dampening technology, such the Springed System installed for the tracks built under the London opera house (London, England) on the newly constructed Elizabethan Line. • The DEIR noise analysis should also include the noise frequency and impacts of, including, but not limited to, train horn; wheels screeching; signal crossings; locomotive noise; whooshing sounds when train enters tunnel portal; and high-speed passenger and freight trains.
• The DEIR should include noise and vibration simulations. • The DEIR should identify the typical freight trains lengths currently running on the along the bluffs and if the new tunnels limit train size or nighttime durations. • Identify the current and expected type of freight carried and to be carried on the rail system.
• Identify and incorporate enhanced safety measures associated with the tunnel to reduce the possibility of derailments.
• Identify how deep each of the portals will be for Alignments B & C, and how much of the structure(s) will be above ground.
• Identify for the Project and all alternatives if additional structures will be needed for flood walls, gates, higher bridges, berms, and levees.
• Identify the evaluation criteria that determines the environmentally superior alternative and any ranking criteria.
• The DEIR should address whether the removal of the tracks from the North Portal and/or from the Camino del Mar Bridge to Coast Blvd will be analyzed. • The DEIR should address all future actions relating to the land under the current tracks and what will occur to those vacated lands. It should address the ownership of those lands post vacation and the uses for those lands.
• The DEIR should address the mitigation opportunities for the railroad Wye property and the old spur line to the North County Transit District parking lot. • The DEIR should include studies of all potential flood areas including the North Beach and the Wye properties including identification of what type of structures will be used to mitigate floods.
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• The DEIR should recognize that the Project is of “Statewide, Regional, or Area wide Significance” within the meaning of CEQA Guidelines Section 15206. Accordingly, the DEIR should be prepared under those Guidelines.
• Another alternative that the DEIR should include is bifurcating rail service by separating the freight rail service from passenger service and moving freight service further inland, while leaving passenger service in the City of Del Mar. • The DEIR should include all location options for the northern portal structures. Each alternative should include different location options for the portals. • The DEIR alternative section should consider the option of locating a north portal farther north between the Camino del Mar/Jimmy Durante Boulevard intersection and the railroad trestle.
• The DEIR should provide a detailed timeline for the public, which should include timelines of the EIR process, property acquisition, the complete construction schedule with all major milestones, and other critical path timelines. • The DEIR should discuss any alternatives that were considered in the scoping process but were later rejected. The rejected alternatives should contain a reasonable explanation why they were dismissed.
• As the lead agency, SANDAG should make available their technical consultants in a follow-on public forum and prior to the EIR certification hearing. • The DEIR should assess impacts on the hydrology of the San Dieguito River Floodplain for the portal proposed under Jimmy Durante Boulevard. The DEIR should consider the effect of the alteration of the 100-year floodplain caused by raising the current track bed south of the San Dieguito River on the higher berm and protecting its descent to the portal (which is below the 100-year floodplain) with flood walls, a U structure, and a cut and cover tunnel (with floodgates at the portal). This effectively divides the 100-year floodplain of the North Commercial District and North Beach neighborhood into two. The DEIR should consider whether this approach will alter the flooding potential of the North Commercial District or North Beach neighborhoods.
Should this be the case, mitigation measure(s) will be required and must be incorporated into the Project. This analysis should take into consideration flooding from both heavy rains and tidal surges with expected sea level rise over the anticipated lifetime of the tunnel. Mitigation must be disclosed and objectively evaluated in the DEIR.
• The Alignment Screening Report (SANDAG, May 31, 2024) notes the 2022 construction cost estimates for the 3 alignments: Alternative A (referred to as Alignment P7-A) = $4.14 billion; Alternative B (referred to as Alignment 5) = $2.28 billion; and Alternative C (referred to as Alignment 3)= $1.85 billion. Given substantial increases in construction costs over the past 2 years, the Project and alternatives should be updated and adjusted for future inflation and the costs should reflect current 2024 dollars.
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• Given the substantial but significantly varying financial costs of the three alternative routes, as well as the growing public concern about the Project, the EIR should include a financial and economic cost benefit analysis of the Project. These economic studies should consider the low ridership of the passenger trains.
We appreciate the opportunity to comment on the NOP for the LOSSAN Rail Realignment Project and look forward to working with SANDAG in the coming months to address the many important concerns being raised by the public and various Project stakeholders.
Sincerely,
Dave Druker
Mayor
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1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us February 27, 2025
San Diego Association of Governments (SANDAG)
401 B Street, Suite 800
San Diego, CA 92101
[email protected]
ATTN: Clerk of the Board
Re: City of Del Mar Comments on the San Diego LOSSAN Rail Realignment Project Objectives and Alternative Alignments
Honorable Members of the SANDAG Board,
This letter is respectfully being submitted on behalf of the City of Del Mar as approved by the Del Mar City Council on February 27, 2025.
On February 28, 2025, you will be asked to provide feedback on the project goals and objectives for the San Diego LOSSAN Rail Realignment Project (Realignment Project) and provide direction on the alternative alignments to be analyzed in the Draft Environmental Impact Report (DEIR).
Given the significant long-term impacts of the LOSSAN project, the City of Del Mar (City) has closely monitored the Realignment Project since public outreach first began in 2020. Most recently, the City Council received an informational presentation on the Value Analysis (VA) process and the additional alternative alignments identified by SANDAG staff post-VA process at our Council meeting on February 18, 2025. No other city or stakeholder will be more adversely impacted by the project than the City of Del Mar.
At the meeting, the City Council did not ask questions or make comments regarding the alternative alignments now being considered based on the City’s role as a California Environmental Quality Act (CEQA) “responsible agency.” It is the City’s intent to keep all options open to preserve any future challenges that we may later make in protecting the City’s interest. The City will be the only jurisdiction having to amend its Local Coastal Program, issue Coastal Development Permits, and consider a host of other approvals.
The City appreciates the opportunity to formally submit the following comments and concerns regarding the Board’s consideration of the Realignment Project’s goals, objectives and alternative alignments to analyze in the DEIR.
These comments reflect the grave concerns that our community members have expressed in public hearings to the City Council. The Realignment Project and its alternatives have the potential to disproportionally and adversely impact the Del Mar community’s quality of life, tourism, local businesses, tax revenue, property values, and significantly impact our unique and sensitive coastal resources. Further, the Realignment Project’s expansive environmental impacts have potential to forever alter the community character of our City, its history, and adversely impact citizens’ health and wellbeing. 50 June 16, 2025 Item 9
City of Del Mar Comments – LOSSAN Rail Realignment Goals & Objectives and Alternative Alignments February 27, 2025
I. Application of Project Objectives is Unclear and Incomplete.
The project goal and objectives included in the VA Study Report, which are now presented to the SANDAG Board for consideration, include refinements from the objectives included in the previously issued Notice of Preparation (NOP). As noted in the report, these refinements were not universally agreed upon by the VA participant stakeholder agencies. The City remains concerned that the objectives referencing that the Realignment Project “…consider existing and ongoing investments” along the LOSSAN rail corridor unfairly limit and unduly constrain the alternative alignments that will be considered in the DEIR. In sum, this objective predetermines the outcome of the DEIR.
Further, the identified objectives provide no definitive method of comparing the environmental impacts of the Realignment Project alternatives with one another, nor do they provide a means to fairly weigh which objectives have precedence over another. Other objectives should be included when evaluating the relative benefits of the Realignment Project to its alternatives, such as quantifying the impacts from condemnation, including its costs, the number of properties affected, impacts on residents and businesses, property value impacts, and timing considerations. Also missing in the objectives are the avoidance and/or minimization of negative impacts on air quality and public health and safety. Nowhere in the objectives is public health considered. Yet, the project objectives state that expanded rail service is a goal of the project. This translates to greater and more significant public health impacts and the objectives should account for these detrimental impacts.
And, while some of the project objectives broadly mention the avoidance/minimization of potential negative environmental impacts, the weighting of those objectives compared to other objectives (such as improved rail service or reducing travel times) has not been provided. For example, if one alternative impacts a wetland resource while another alternative does not, how are these objectives reconciled, what objective wins out, does a wetland suffer because a particular route provides greater rail efficiency? Determining the relative weight of an objective from the onset of the EIR process is foundational to transparency. Not providing this decision-making framework – before the DEIR is released for public review – obscures the value of the objectives and leaves these decisions to staff alone.
The objectives should also include the relative impacts to the character of the coastal communities. At present, only the City of Del Mar is being asked to bear all the adverse impacts of the Realignment Project when compared to other coastal communities. The objectives fail to take into consideration the impacts on each coastal community or city and should recognize the historic and unique character of each impacted coastal community.
II. City of Del Mar is a “Responsible Agency” Under CEQA The City is a “Responsible Agency” under CEQA and maintains all review and adoption rights granted under CEQA. CEQA defines a "Responsible Agency" as “an agency other than the lead agency with a legal responsibility for carrying out or approving a project” and mandates that “a responsible agency… be involved during the project scoping, planning and CEQA document preparation stages.” (CEQA Guidelines, Sections 15096 and 15381). Here, the City will be required to amend its Local Coastal Program (LCP) that must then be approved and certified by the California Coastal Commission. Only with an LCP amendment will the City have the ability 51 June 16, 2025 Item 9
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and the discretion to issue Coastal Development Permits, consider encroachment permits, agree to leases for construction staging areas, consider building permits for construction activities, and a host of other discretionary actions that will be required for the project. As a Responsible Agency, the City must consider the adequacy of the Environmental Impact Report (EIR) when considering its approval actions. If the EIR fails to meet the requirements of CEQA, the City may challenge it, prepare a subsequent EIR, or in some cases assume the role of Lead Agency. Accordingly, it is important that the objectives be weighed and aligned with the reality of the long-term impacts to the City of Del Mar.
III. Concerns with Proposed Alternative Alignments
The VA process resulted in the development of 16 alternative alignments that include the three NOP alternative alignments and 13 new concepts. After the VA process was completed, SANDAG evaluated these alternative alignments and reviewed prior project studies and is now recommending that four alignment options, in addition to a “no build” alternative, be included for analysis in the DEIR.
It is important to note that CEQA requires the evaluation of all reasonably feasible alternatives that can reduce impacts below a level of significance. In short, the EIR would be defective if only the chosen four alternatives are evaluated. All feasible alternatives that reasonably meet the objectives should be considered. This includes routes that avoid impacts to wetlands and the community. Moreover, from a National Environmental Policy Act (NEPA) perspective, alternatives that go beyond SANDAG’s jurisdiction should be considered because bluff failure is not endemic to San Diego County alone. Below are the City’s comments and concerns regarding the four alignment options as currently proposed by SANDAG staff:
San Dieguito Bridge to I-5 Knoll (yellow line on map): This alignment places the project’s impacts solely within the cities of Del Mar and San Diego and would result in significant and adverse environmental impacts to highly productive wetland habitat in the San Dieguito Lagoon. Based on the limited information provided, it appears this alignment would result in the need for both public and private property acquisition (eminent domain) within the City of Del Mar. Further, a majority of this route is located within a floodplain.
Moreover, it is worth noting that this alignment was evaluated in the VA process but was ultimately dismissed as infeasible and not advanced as one of the 16 concepts. Under Crest Canyon (Under Jimmy Durante to I-5 Knoll) (blue line on map): This alignment includes a north portal location that would require acquisition (eminent domain) of private property and would result in significant short and long-term impacts to Jimmy Durante Boulevard, including elevating the roadway adjacent to residential homes. This is one of the City’s main arterial roadways and would cause major disruption to the entire City’s roadway system. This alternative also continues to require private property subsurface easements. This alignment would put freight trains under residential homes, and places a portal that will emit toxic air pollutants next to homes. Under Camino Del Mar (Under Jimmy Durante to Torrey Pines Road West) (pink line on map): This alignment includes north and south portal locations in the City of Del Mar that require acquisition (eminent domain) of private property. Like the “Under Crest Canyon” alternative, this alignment would result in significant short and long-term impacts to Jimmy Durante Boulevard, including reconfiguration of one of the City’s largest intersections. 52 June 16, 2025 Item 9
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Private property subsurface easements would also be required. This alignment would also put freight trains under residential homes, and places two portals that will emit toxic air pollutants next to homes.
Del Mar Bluffs Double Track Reinforced (green line on map): This concept would result in significant and permanent impacts to protected and sensitive coastal resources, and the removal of permitted private encroachments in North County Transit District (NCTD) rightof-way. Double tracking in this area would increase train volume, resulting in increased air quality impacts. Environmental permitting of this alignment would face significant challenges, including the processing of Coastal Development Permits. Importantly, it must be noted that this alternative was previously studied in the 2007 LOSSAN Program EIR and eliminated for the reasons described above.
IV. The Project Description and Descriptions of Project Alternatives are Vague and Incomplete
The City remains concerned with SANDAG’s approach of advancing multiple concepts (in this case, four alternative alignment options plus a “no build” option) for analysis in the DEIR without a clearly defined “Project Description” and with insufficient detail of the alternatives, particularly the San Dieguito Bridge to I-5 Knoll alignment, for the public to determine the scope and level of environmental impacts.
CEQA requires a “proposed project” to be identified along with a “range of reasonable alternatives” to that proposed project. The EIR’s “bona fide subject” must be “[t]he defined project and not some different project.” (Concerned Citizens of Costa Mesa v. 32nd Dist. Agric. Assn. (1986) 42 Cal.3d 929, 938.) Further, inadequate or unstable descriptions of the Realignment 53 June 16, 2025 Item 9
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Project may mislead the public and thwart the EIR process. (San Joaquin Raptor Rescue Center v. County of Merced (2007) 149 Cal.App.4th 645, 656.)
Without a clear identification of the proposed project, members of the public cannot comment meaningfully on the potential impacts. (Save Our Capitol! v. Department of General Services (2023) 87 Cal.App.5th 655, 676.) “A project description that gives conflicting signals to decision makers and the public about the nature of the project is fundamentally inadequate and misleading.” (South of Market Community Action Network v. City and County of San Francisco (2019) 33 Cal.App.5th 321, 332.) Here, the public is asked to conjure what a reasonable range of alternatives might be to each of the four proposed alignments, and to numerous options for portal locations. SANDAG staff’s recommendations to the Board of Directors identifies alternatives, but not the required proposed “bona fide” project. (CEQA Guidelines Sections 15378 and Section 15126.6).
V. The Project and Each Alternative Should Be Fully Analyzed The alternatives analysis is the “core of the EIR.” (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal 3d 553, 564.) “One of [an EIR’s] major functions . . . is to ensure that all reasonable alternatives to proposed projects are thoroughly assessed by the responsible official.” (Laurel Heights Improvement Ass’n. v. Regents of the University of California (1988) 47 Cal. 3d 376, 400.) Accordingly, the Realignment Project and all alternatives should be reviewed in the DEIR at the same thorough level of analysis. Given the expansive scope and complexity of the Realignment Project, each alternative should be evaluated at the same level as the Project Description. Full analysis of each alterative is the only transparent method of insuring that the decision makers understand the full range of impacts of each alternative. The fundamental purpose of CEQA is to ensure informed decision-making. (Sierra Club v. County of Fresno (2018) 6 Cal.5th 502, 515.) This includes socioeconomic impacts, condemnation impacts, and resource protection issues, which are required under NEPA. Because the EIR will be a combined EIR/EIS that must satisfy federal NEPA requirements, the level of detail of alternatives must be similar to the level of detail of the project itself. An EIS must “[d]evote substantial treatment to each alternative considered in detail including the proposed action so that reviewers may evaluate their comparative merits.” (40 C.F.R. section 1502.14, subdivision (b).) We appreciate the opportunity to comment on SANDAG staff’s recommendations to the Board of Directors on the Realignment Project and anticipate working with SANDAG to address the many important and substantial concerns being raised by the public and various stakeholders.
Sincerely,
Terry Gaasterland
Mayor
cc: Del Mar City Council
Ashley Jones, Del Mar City Manager
Mario Orso, SANDAG Chief Executive Officer
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Maria Rodriguez Molina, SANDAG Director of Mega Projects, Border, and Goods Movement
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Deputy Mayor Tracy Martinez and Councilmember John Spelich DATE: June 16, 2025
SUBJECT: Potential Conflict of Interest Involving Mayor Gaasterland Related to the City’s Short-Term Rental Regulations
REQUESTED ACTIONS/RECOMMENDATION:
Refer this matter and all relevant documents in the City’s possession to the Fair Political Practices Commission (FPPC), San Diego County District Attorney Political Integrity Unit, California Attorney General, and San Diego County Grand Jury for third-party review and action as appropriate.
BACKGROUND:
The purpose of this item is to consider concerns and potential Council action about the Mayor’s participation in the 2023-24 development of Del Mar’s Short-Term Rental (STR) Ordinance.
Then-Deputy Mayor Gaasterland (Mayor), along with former Mayor Dave Druker, were Council liaisons for the development of STR regulations and adoption of an STR Ordinance by the City Council on September 23, 2024 (Attachment A).
During deliberations on the STR Ordinance, Mayor Gaasterland made several failed attempts to achieve majority Council support to make amendments to the draft STR Ordinance that would benefit existing STR operators. The Mayor’s requested changes involved removing the 10% limit on condominium complexes; removing the requirement for new STRs to be within a primary residence; and removing the self-certification of compliance with the life safety inspection requirement. The Mayor participated in the Council discussion and actions for introduction and adoption of the STR Ordinance during two public meetings in September 2024, which included voting in both meetings:
September 9, 2024, Item 8: https://delmar.12milesout.com/video/meeting/e2991973-108a49f6-8656-8c409f936a3b September 23, 2024, Item 6: https://delmar.12milesout.com/video/meeting/db9749d0-4faf4ac1-97db-ee20d90ce2fb An element of the approved STR Ordinance was the creation of a registry database to identify “Existing STRs” in the community that had operated during the ten-year period prior to the STR Ordinance adoption on September 23, 2024. An Existing STR as defined in Del Mar Municipal Code Section 30.96.020 of the STR Ordinance “means a STR operating in the City prior to adoption of the City’s STR Ordinance where the Owner timely registered the STR with the City as of the date stated in the Ordinance.”
1 June 16, 2025 Item 10
City Council Agenda Report
Potential Mayor Conflicts – STR Regulations
June 16, 2025
The deadline for existing STR operators to register was December 31, 2024. Registrants who provided sufficient documentation to establish that they were an Existing STR operator during the defined timeframe will be included on the City’s STR registry and accommodated as Existing STRs. Existing STR owners are required to apply for a STR Permit within 60 days of the date of effective date of the Ordinance (i.e., once final certification is obtained by the Coastal Commission). Upon issuance of a STR Permit, those Existing STR operators will be accommodated, meaning they will be exempt from certain more restrictive requirements of the STR regulations until their property changes ownership, is no longer in operation, they fail to timely renew their STR permit, or the STR permit is revoked.
The STR Ordinance specifies a maximum of 129 STR permits citywide. However, permits for Existing STR owners will be accommodated above the citywide cap. If the number of STR Permits granted to Existing STR owners exceeds the Citywide cap of 129 STRs, new STR permit applicants will be added to the waitlist and processed in accordance with the order of the waitlist at the time the STR permit capacity drops below 129.
On December 31, 2024, Mayor Gaasterland submitted registries for two properties in Del Mar as Existing STRs (Attachment B). If confirmed as Existing STRs, both properties would be accommodated into the STR program under less restrictive regulations than those required for new STRs. In the submitted registries, the Mayor and/or her spouse stated they had operated each of the two units as short-term rentals at some point during the past 10 years prior to adoption of the STR ordinance as required by the Ordinance. As such, the Mayor should have publicly disclosed her STR rental activities and been recused from participating in the development and adoption of the City’s STR Ordinance.
Mayor Gaasterland did not publicly disclose her ownership of one of the properties she registered as an existing STR (since January 15, 2022) on Sea Cliff Way on her required annual 700 Form filing until August 22, 2024 (Attachment C), just before an agendized Council discussion on August 26, 2024, to determine the definition of an STR.
A timeline of events is included with this Agenda Report as background (Attachment D).
DISCUSSION/ANALYSIS:
As part of a commitment to public transparency and adherence to the ethical standards required of public officials, the sponsors of this report feel they have a responsibility to refer this matter to outside agencies such as the Fair Political Practices Commission (FPPC), District Attorney’s Public Integrity Unit, State Attorney General or San Diego Grand Jury to determine whether the Mayor had a conflict, potential impacts to the City, and take action if deemed appropriate.
To be clear, this is not a recommendation for the City to investigate whether the Mayor had a conflict. Following whatever privileged/confidential advice the Mayor was given by the City Attorney’s office, any determination of a conflict would be personal to the Mayor and within the jurisdiction of the FPPC, District Attorney and possibly other agencies. In this instance, the Mayor was advised about when, and under what facts, she should vote or refrain from voting.
The decision about whether or not to participate was ultimately left to the Mayor.
It is settled law that wrongful actions by an individual Councilmember do not necessarily create liability for the City should someone sue. Whether or not the conflicted Councilmember 2 June 16, 2025 Item 10
City Council Agenda Report
Potential Mayor Conflicts – STR Regulations
June 16, 2025
influenced the vote or the decision and whether the conflicted Councilmember’s vote was essential to the outcome of the action are often determining factors. Aside from potential legal liability, conflicts of interest or the perception thereof can erode the public’s trust and should not be ignored.
The goal of this agenda item is to be transparent to the public and ultimately determine if there is anything the City needs to do to protect the integrity of the adopted STR Ordinance, keep the Ordinance on track for Coastal Commission consideration, and understand potential conflicts for future participation in Council’s acceptance of any suggested modifications to the STR Ordinance by the Coastal Commission.
This item’s sponsors had hoped to discuss this matter in a publicly noticed Closed Session on June 2, 2025, following the open session Council meeting, to assess whether the City could face litigation over the STR Ordinance because of the Mayor’s potential conflict of interest.
The City Attorney was ready to provide background on the issue and legal guidance.
However, Councilmember Dan Quirk refused to attend. Mayor Gaasterland was also invited to attend the start of the meeting to hear the background and purpose of the session, but she declined based on conflict concerns. Therefore, there was no quorum to consider and potentially act on this matter in closed session.
As a result, the two sponsors of this item had no choice but to bring this matter to open session out of an abundance of caution surrounding the integrity of the process and maximum transparency. We ask for patience and understanding from the residents of Del Mar while this matter is handled as fairly and transparently as possible for the benefit of all the parties involved, including the Mayor.
FISCAL IMPACT:
There is no fiscal impact or action to be taken related to this agenda item.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
ATTACHMENTS:
Attachment A – Adopted STR Ordinance
Attachment B - STR Registries for Properties Owned by Mayor Gaasterland Attachment C – Gaasterland 700 Form Filings for 2023 Period (Original and Amended) Attachment D - Timeline of Events
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24 June 16, 2025 Item 10
Print
Instructions
To facilitate policy discussions about potential allowances for Short Term Rentals (STRs) in a future regulatory framework, the City is establishing a database of properties that have operated as an STR within the last ten years. Owners of a STR should register the property by submitting the information requested below. This information is being collected solely to identify the number of STRs operating for the purpose of future policy discussions. The database will not be utilized for code enforcement purposes.
To receive a copy of the form you submitted, check the box "receive an email copy of this form" and enter your email address before submitting. For additional information related to the regulation of short term rentals in the City of Del Mar, please visit the City’s web page: https://www.delmar.ca.us/str or contact staff at [email protected] Assessor Parcel Number
(APN)
3003215905
This can be found on your
property tax bill or grant
deed. Enter the 10-digit
number without hyphens
or spaces.
First Name* Last Name*
Email Address*
STR Street Address in Del Mar*
131 Sea Cliff Way, Del Mar, CA 92014
Owner Mailing Address*
Short-Term Rental Registry - Submission #506
Date Submitted: 12/31/2024
4/23/25, 8:41 AM delmar.ca.us/Admin/FormCenter/Submissions/Print/506 https://www.delmar.ca.us/Admin/FormCenter/Submissions/Print/506 1/3 Attachment B
25 June 16, 2025 Item 10
City* State* Zip*
Beginning date of STR
Entire Residence
Portion of Residence
Is the STR the entire residence, or a portion of the
residence?
Size of STR (square feet)
1400
Number of Bedrooms
2 Additional Details (500 character max)
Previous registration had the wrong parcel number. Should be 300-321-59-05. The parcel address is currently 131 Sea Cliff Way, Del Mar, CA 92014. Previously (and on some documents) it was 526 Stratford Ct, Unit E, Del Mar, CA 92014.
This is a semi-detached house that is part of an HOA whose CC&R's allow 30 day rentals, which are included in the definition of STR in Del Mar.
Attached here is an executed rental agreement with the renter's name redacted for privacy. 1/15/2022
4/23/25, 8:41 AM delmar.ca.us/Admin/FormCenter/Submissions/Print/506 https://www.delmar.ca.us/Admin/FormCenter/Submissions/Print/506 2/3 26 June 16, 2025 Item 10
1. Fully executed rental agreement that identifies the STR address; or
2. A City of Del Mar business license indicating the short-term rental business at the subject property; or
3. A federal or state income tax return specifying a STR business operation at the subject property. Please be sure to redact all sensitive personal information such as social security number; or
4. Printed or online advertising, or contracts, indicating actively advertised STR operations at the subject property; or
5. Other evidence of STR operations at the subject property within the past ten years may be submitted for consideration.
Upload Documentation*
UnitE - Short Term Rental Agreement 2022.pdf
Please provide at least ONE supporting document to demonstrate that the STR was in operation within the past ten years. Just one of the options below will suffice for supporting documentation:
4/23/25, 8:41 AM delmar.ca.us/Admin/FormCenter/Submissions/Print/506 https://www.delmar.ca.us/Admin/FormCenter/Submissions/Print/506 3/3 27 June 16, 2025 Item 10
28 June 16, 2025 Item 10
29 June 16, 2025 Item 10
30 June 16, 2025 Item 10
31 June 16, 2025 Item 10
32 June 16, 2025 Item 10
Print
Instructions
To facilitate policy discussions about potential allowances for Short Term Rentals (STRs) in a future regulatory framework, the City is establishing a database of properties that have operated as an STR within the last ten years. Owners of a STR should register the property by submitting the information requested below. This information is being collected solely to identify the number of STRs operating for the purpose of future policy discussions. The database will not be utilized for code enforcement purposes.
To receive a copy of the form you submitted, check the box "receive an email copy of this form" and enter your email address before submitting. For additional information related to the regulation of short term rentals in the City of Del Mar, please visit the City’s web page: https://www.delmar.ca.us/str or contact staff at [email protected] Assessor Parcel Number
(APN)
3003215903
This can be found on your
property tax bill or grant
deed. Enter the 10-digit
number without hyphens
or spaces.
First Name* Last Name*
Email Address*
STR Street Address in Del Mar*
151 Sea Cliff Way
Owner Mailing Address*
Short-Term Rental Registry - Submission #507
Date Submitted: 12/31/2024
4/23/25, 8:41 AM delmar.ca.us/Admin/FormCenter/Submissions/Print/507 https://www.delmar.ca.us/Admin/FormCenter/Submissions/Print/507 1/3 33 June 16, 2025 Item 10
City*
Del Mar
State*
CA
Zip*
92014
Beginning date of STR
Entire Residence
Portion of Residence
Is the STR the entire residence, or a portion of the
residence?
Size of STR (square feet)
1400
Number of Bedrooms
2 Additional Details (500 character max)
The parcel address is currently 151 Sea Cliff Way, Del Mar, CA 92014. Previously (and on some documents) it was 526 Stratford Ct, Unit C, Del Mar, CA 92014.
This is a semi-detached house that is part of an HOA whose CC&R's allow 30 day rentals, which are included in the definition of a Short Term Rental in Del Mar.
Attached here is a recent executed 30-day rental agreement with the renter's name redacted for privacy. 6/1/2006
4/23/25, 8:41 AM delmar.ca.us/Admin/FormCenter/Submissions/Print/507 https://www.delmar.ca.us/Admin/FormCenter/Submissions/Print/507 2/3 34 June 16, 2025 Item 10
1. Fully executed rental agreement that identifies the STR address; or
2. A City of Del Mar business license indicating the short-term rental business at the subject property; or
3. A federal or state income tax return specifying a STR business operation at the subject property. Please be sure to redact all sensitive personal information such as social security number; or
4. Printed or online advertising, or contracts, indicating actively advertised STR operations at the subject property; or
5. Other evidence of STR operations at the subject property within the past ten years may be submitted for consideration.
Upload Documentation*
UnitC-short-term-rental-2024.pdf
Please provide at least ONE supporting document to demonstrate that the STR was in operation within the past ten years. Just one of the options below will suffice for supporting documentation:
4/23/25, 8:41 AM delmar.ca.us/Admin/FormCenter/Submissions/Print/507 https://www.delmar.ca.us/Admin/FormCenter/Submissions/Print/507 3/3 35 June 16, 2025 Item 10
36 June 16, 2025 Item 10
37 June 16, 2025 Item 10
38 June 16, 2025 Item 10
Schedule C - Income, Loans, & Business Positions – schedule attached Schedule D - Income – Gifts – schedule attached
Schedule E - Income – Gifts – Travel Payments – schedule attached Leaving Office: Date Left / /
(Check one circle.)
The period covered is January 1, 2023, through the date of leaving office.
The period covered is / / , through
the date of leaving office.
Annual: The period covered is January 1, 2023, through
/ / , through
December 31, 2023.
The period covered is
December 31, 2023.
STATEMENT OF ECONOMIC INTERESTS
COVER PAGE
A PUBLIC DOCUMENT
I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete. I acknowledge this is a public document.
I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date Signed
(month, day, year)
3. Type of Statement (Check at least one box)
State Judge, Retired Judge, Pro Tem Judge, or Court Commissioner (Statewide Jurisdiction) (Statewide Jurisdiction)
Multi-County County of
City of Other
2. Jurisdiction of Office (Check at least one box)
Candidate: Date of Election and office sought, if different than Part 1:
Assuming Office: Date assumed / /
Date Initial Filing Received
Filing Official Use Only
Please type or print in ink.
700 FAIR POLITICAL PRACTICES COMMISSION
CALIFORNIA FORM
Agency Name (Do not use acronyms)
Division, Board, Department, District, if applicable Your Position
1. Office, Agency, or Court
NAME OF FILER (LAST) (FIRST) (MIDDLE)
MAILING ADDRESS STREET CITY STATE ZIP CODE
DAYTIME TELEPHONE NUMBER EMAIL ADDRESS
(Business or Agency Address Recommended - Public Document) Signature
(File the originally signed paper statement with your filing official.)
5. Verification
► If filing for multiple positions, list below or on an attachment. (Do not use acronyms) Agency: Position:
-or-
-orNone - No reportable interests on any schedule
4. Schedule Summary (required)
Schedules attached
Schedule A-1 - Investments – schedule attached
Schedule A-2 - Investments – schedule attached
Schedule B - Real Property – schedule attached
► Total number of pages including this cover page:
-orFPPC Form 700 - Cover Page (2023/2024)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 5 Filed Date: 03/26/2024 12:37 PM
SAN: FPPC Gaasterland Theresa City of Del Mar City Council Member Del Mar 3 03/26/2024 12:37 PM
Filed Date: 03/26/2024 12:37 PM
SAN: FPPC
Attachment C
39 June 16, 2025 Item 10
NAME OF LENDER*
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY, IF ANY, OF LENDER
IF APPLICABLE, LIST DATE:
/ / / /
ACQUIRED DISPOSED
IF APPLICABLE, LIST DATE:
/ / / /
ACQUIRED DISPOSED
23 23 23 23
SCHEDULE B
Interests in Real Property
(Including Rental Income)
► ASSESSOR’S PARCEL NUMBER OR STREET ADDRESS ► ASSESSOR’S PARCEL NUMBER OR STREET ADDRESS
CITY CITY
INTEREST RATE TERM (Months/Years)
% None
SOURCES OF RENTAL INCOME: If you own a 10% or greater
interest, list the name of each tenant that is a single source of income of $10,000 or more.
SOURCES OF RENTAL INCOME: If you own a 10% or greater
interest, list the name of each tenant that is a single source of income of $10,000 or more.
NATURE OF INTEREST
Ownership/Deed of Trust Easement
Leasehold
Yrs. remaining Other
NATURE OF INTEREST
Ownership/Deed of Trust Easement
Leasehold
Yrs. remaining Other
Comments:
FAIR MARKET VALUE
$2,000 - $10,000
$10,001 - $100,000
$100,001 - $1,000,000
Over $1,000,000
FAIR MARKET VALUE
$2,000 - $10,000
$10,001 - $100,000
$100,001 - $1,000,000
Over $1,000,000
IF RENTAL PROPERTY, GROSS INCOME RECEIVED
OVER $100,000
$0 - $499 $500 - $1,000 $1,001 - $10,000
$10,001 - $100,000
IF RENTAL PROPERTY, GROSS INCOME RECEIVED
OVER $100,000
$0 - $499 $500 - $1,000 $1,001 - $10,000
$10,001 - $100,000
HIGHEST BALANCE DURING REPORTING PERIOD
Guarantor, if applicable
OVER $100,000
$500 - $1,000 $1,001 - $10,000
$10,001 - $100,000
700 FAIR POLITICAL PRACTICES COMMISSION
CALIFORNIA FORM
NAME OF LENDER*
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY, IF ANY, OF LENDER
INTEREST RATE TERM (Months/Years)
% None
Guarantor, if applicable
HIGHEST BALANCE DURING REPORTING PERIOD
OVER $100,000
$500 - $1,000 $1,001 - $10,000
$10,001 - $100,000
* You are not required to report loans from a commercial lending institution made in the lender’s regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender’s regular course of business must be disclosed as follows:
None None
FPPC Form 700 - Schedule B (2023/2024)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 11
Name
23 23 23 23 Theresa Gaasterland 131 Sea Cliff Way Del Mar, CA 92014 151 Sea Cliff Way Del Mar, CA 92014 Unnamed Alley south of 6th St changed name to Sea Cliff Way in July 2021. 40 June 16, 2025 Item 10
(Real property, car, boat, etc.) (Real property, car, boat, etc.)
SCHEDULE C
Income, Loans, & Business
Positions
(Other than Gifts and Travel Payments)
GROSS INCOME RECEIVED No Income - Business Position Only GROSS INCOME RECEIVED No Income - Business Position Only Name
OVER $100,000 OVER $100,000
$500 - $1,000 $1,001 - $10,000 $500 - $1,000 $1,001 - $10,000 $10,001 - $100,000 $10,001 - $100,000
700 FAIR POLITICAL PRACTICES COMMISSION
CALIFORNIA FORM
► 1. INCOME RECEIVED
NAME OF SOURCE OF INCOME
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY, IF ANY, OF SOURCE
YOUR BUSINESS POSITION
► 1. INCOME RECEIVED
NAME OF SOURCE OF INCOME
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY, IF ANY, OF SOURCE
YOUR BUSINESS POSITION
NAME OF LENDER*
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY, IF ANY, OF LENDER
INTEREST RATE TERM (Months/Years)
% None
HIGHEST BALANCE DURING REPORTING PERIOD
$500 - $1,000
$1,001 - $10,000
$10,001 - $100,000
OVER $100,000
Comments:
► 2. LOANS RECEIVED OR OUTSTANDING DURING THE REPORTING PERIOD * You are not required to report loans from a commercial lending institution, or any indebtedness created as part of a retail installment or credit card transaction, made in the lender’s regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender’s regular course of business must be disclosed as follows:
SECURITY FOR LOAN
None Personal residence
Real Property
Guarantor
Other
Street address
City
(Describe)
CONSIDERATION FOR WHICH INCOME WAS RECEIVED
Salary Spouse’s or registered domestic partner’s income (For self-employed use Schedule A-2.)
Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.)
Sale of
Other
CONSIDERATION FOR WHICH INCOME WAS RECEIVED
Salary Spouse’s or registered domestic partner’s income (For self-employed use Schedule A-2.)
Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.)
Sale of
Other
(Describe) (Describe)
(Describe) (Describe)
Commission or Rental Income, list each source of $10,000 or more Commission or Rental Income, list each source of $10,000 or more Loan repayment Loan repayment
FPPC Form 700 - Schedule C (2023/2024)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 13
Theresa Gaasterland University of California San Diego 9500 Gilman Drive, La Jolla, CA 92014 Academic Research and Education Professor (with tenure) and Director University of California San Diego 9500 Gilman Drive, La Jolla, CA 92014 Academic Research and Education Professor (with tenure) and Director 41 June 16, 2025 Item 10
Please type or print in ink.
700 FAIR POLITICAL PRACTICES COMMISSION
CALIFORNIA FORM
AMENDMENT
Leaving Office: Date Left / /
(Check one circle.)
The period covered is January 1, 2023, through the date of leaving office.
The period covered is / / , through
the date of leaving office.
STATEMENT OF ECONOMIC INTERESTS
COVER PAGE
I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete. I acknowledge this is a public document.
I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date Signed
(month, day, year)
3. Type of Statement (Check at least one box)
2. Jurisdiction of Office (Check at least one box)
Candidate: Date of Election and office sought, if different than Part 1:
Assuming Office: Date assumed / /
Date Initial Filing Received
Filing Official Use Only
Agency Name (Do not use acronyms)
Division, Board, Department, District, if applicable Your Position
1. Office, Agency, or Court
NAME OF FILER (LAST) (FIRST) (MIDDLE)
MAILING ADDRESS STREET CITY STATE ZIP CODE
DAYTIME TELEPHONE NUMBER E-MAIL ADDRESS
(Business or Agency Address Recommended - Public Document) Signature
(File the originally signed paper statement with your filing official.)
5. Verification
► If filing for multiple positions, list below or on an attachment. (Do not use acronyms) Agency: Position:
-or-
-orSchedules attached
Schedule A-1 - Investments – schedule attached
Schedule A-2 - Investments – schedule attached
Schedule B - Real Property – schedule attached
Schedule C - Income, Loans, & Business Positions – schedule attached Schedule D - Income – Gifts – schedule attached
Schedule E - Income – Gifts – Travel Payments – schedule attached None - No reportable interests on any schedule
4. Schedule Summary (required) ► Total number of pages including this cover page:
-orFPPC Form 700 (2023/2024)
[email protected] • 866-275-3772 • www.fppc.ca.gov
State Judge, Retired Judge, Pro Tem Judge, or Court Commissioner (Statewide Jurisdiction) (Statewide Jurisdiction)
Multi-County County of
City of Other
Annual: The period covered is January 1, 2023, through
/ / , through
December 31, 2023.
The period covered is
December 31, 2023.
Filed Date: 08/22/2024 04:24 PM
SAN: FPPC Gaasterland Theresa City of Del Mar City Council Member Del Mar 2 08/22/2024 04:24 PM
Filed Date: 08/22/2024 04:24 PM
SAN: FPPC
42 June 16, 2025 Item 10
700 FAIR POLITICAL PRACTICES COMMISSION
CALIFORNIA FORM
AMENDMENT
IF APPLICABLE, LIST DATE:
/ / / /
ACQUIRED DISPOSED
IF APPLICABLE, LIST DATE:
/ / / /
ACQUIRED DISPOSED
23 23 23 23
SCHEDULE B
Interests in Real Property
(Including Rental Income)
► ASSESSOR’S PARCEL NUMBER OR STREET ADDRESS ► ASSESSOR’S PARCEL NUMBER OR STREET ADDRESS
CITY CITY
INTEREST RATE TERM (Months/Years)
% None
SOURCES OF RENTAL INCOME: If you own a 10% or greater
interest, list the name of each tenant that is a single source of income of $10,000 or more.
SOURCES OF RENTAL INCOME: If you own a 10% or greater
interest, list the name of each tenant that is a single source of income of $10,000 or more.
NATURE OF INTEREST
Ownership/Deed of Trust Easement
Leasehold
Yrs. remaining Other
NATURE OF INTEREST
Ownership/Deed of Trust Easement
Leasehold
Yrs. remaining Other
Comments:
FAIR MARKET VALUE
$2,000 - $10,000
$10,001 - $100,000
$100,001 - $1,000,000
Over $1,000,000
FAIR MARKET VALUE
$2,000 - $10,000
$10,001 - $100,000
$100,001 - $1,000,000
Over $1,000,000
IF RENTAL PROPERTY, GROSS INCOME RECEIVED
OVER $100,000
$0 - $499 $500 - $1,000 $1,001 - $10,000
$10,001 - $100,000
IF RENTAL PROPERTY, GROSS INCOME RECEIVED
OVER $100,000
$0 - $499 $500 - $1,000 $1,001 - $10,000
$10,001 - $100,000
HIGHEST BALANCE DURING REPORTING PERIOD
Guarantor, if applicable
OVER $100,000
$500 - $1,000 $1,001 - $10,000
$10,001 - $100,000
NAME OF LENDER*
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY, IF ANY, OF LENDER
* You are not required to report loans from a commercial lending institution made in the lender’s regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender’s regular course of business must be disclosed as follows:
None None
Filer’s Verification
Print Name
Office, Agency
or Court
Statement Type
(yr)
I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete.
I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date Signed (month, day, year)
Filer’s Signature
FPPC Form 700 - Schedule B (2023/2024)
[email protected] • 866-275-3772 • www.fppc.ca.gov
2023/2024 Annual Assuming Leaving
Annual Candidate
23 23 23 23 131 Sea Cliff Way Del Mar, CA 92014 151 Sea Cliff Way Del Mar, CA 92014 Theresa Gaasterland City of Del Mar 08/22/2024 04:24 PM 43 June 16, 2025 Item 10
TIMELINE OF EVENTS – DEL MAR SHORT-TERM RENTAL ORDINANCE Former Mayor Dave Druker and then Deputy Mayor Gaasterland (Gaasterland) were the Council Planning liaisons between January 2023 and December 2024. In this role, the liaisons met multiple times with City staff in preparation for STR-related City Council (Council) open session discussions and Council consideration of the STR Ordinance.
On August 26, 2024, the City Council held closed and open session discussions related to STRs.
Just prior to these meetings, Gaasterland, for the first time in the STR regulation development process raised concerns about possibly being conflicted on the basis that she does monthly rentals of her property, which was the basis for her recusing from the STR related open and closed session Council agenda items that day. The open session Council agenda Item 17 was focused on the definition of a STR and whether to explicitly exempt monthly rentals from the STR regulations and TOT regulations in the draft STR Ordinance. Prior to this time, Gaasterland had been discussing how STRs should be defined and differentiated from monthly rentals with staff and the City Attorney’s office. Gaasterland did not participate in the closed or open session items on August 26, 2024. Below are the minutes.
Minutes for 8/26/24 City Council closed session and open session:
https://www.delmar.ca.us/AgendaCenter/ViewFile/Minutes/_08262024-3509 On September 9, 2024, the Council held a noticed public hearing to introduce the STR Ordinance (Item 8). Gaasterland actively participated in the item, making multiple requests for changes to STR requirements that had been in the draft Ordinance at the direction of Council since May 20, 2024. Gaasterland’s proposed changes (i.e., removing the 10% limit on condo complexes, removing the requirement for new STRs to be within a primary residence, and removing the selfcertification of compliance with the life safety inspection requirement) would have benefited STR operators, but were not supported by the rest of the Council. The Ordinance, including changes supported by the Council, was introduced by a 5-0 vote, which included Gaasterland.
Minutes for September 9, 2024:
https://www.delmar.ca.us/AgendaCenter/ViewFile/Minutes/_09092024-3514 On September 23, 2024, the STR Ordinance adoption was on the Council agenda consent calendar as Item 6. The item was pulled for public comments and Council discussion. The STR Ordinance was adopted by a 4-1 vote, with Mayor Gaasterland opposed. Gaasterland explained that she did not support the primary residency requirement and felt there was more work to do on the Ordinance.
Minutes for September 23, 2024:
https://www.delmar.ca.us/AgendaCenter/ViewFile/Minutes/_09232024-3524 In September 2023, the City created an STR Registry for existing STR owners to register with the City. Upon acceptance on the Registry, existing STR operators will be accommodated and therefore subject to less restrictive requirements than new STR operators. On the final day to register, December 31, 2024, Gaasterland and/or her spouse registered two properties under Gaasterland’s ownership as existing STRs on the STR Registry. The information submitted does not meet the criteria for an existing STR per the Council adopted STR Ordinance. City staff sent Gaasterland letters requesting additional supporting documentation to qualify her properties as existing STRs; however, there was no response to the City by the required deadline of June 5, 2025. Therefore, Gaasterland’s properties will be removed from the STR Registry. 44 June 16, 2025 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and Councilmembers
FROM: Ashley Jones, City Manager
Marco Camacho, Finance Manager/Treasurer
DATE: June 16, 2025
SUBJECT: Adoption of the Fiscal Years 2025-2026 and 2026-2027 Operating and Capital Budget and Related Budget Resolutions
REQUESTED ACTION/RECOMMENDATION:
It is recommended that the City Council: 1) Accept final changes to the proposed budget document identified in Table A; 2) Receive the report on City employee vacancies, recruitment, and retention efforts, pursuant to Assembly Bill (AB) 2561 requirements; and 3) Adopt the Resolutions included as Attachments A and C-H as required in order to formally adopt the Fiscal Years 2025-2026 and 2026-2027 Operating and Capital Budget.
EXECUTIVE SUMMARY:
During a public workshop held on May 27, 2025, the City Council received public input and reviewed, discussed, and provided direction to staff on the proposed Fiscal Years 2025-2026 and 2026-2027 operating expenditures; capital and special projects; Measure Q Fund; and City reserve balances (Proposed Budget). The budget proposal has been updated to reflect the feedback provided by the City Council at the budget workshop and other adjustments, which are further described in this report.
The revised City budget for Council adoption (Revised Budget) included as Exhibit A of Attachment A reflects an Operating and Capital Budget of $48.4 million in Fiscal Year (FY) 2025-2026, and $65.0 million in FY 2026-2027. The Revised Budget presented in this report results in a projected General Fund Contingency (GFC) for FY 2025-2026 of 21.33% (78 days of operations), and 19.85% (72 days of operations) in FY 2026-2027. The City’s proposed twoyear balanced budget conforms to the City’s financial policies, maintains a healthy GFC in both years, and includes transfers towards reserve goals. The final proposed budget includes annual transfers of $250,000 to both the Pension Reserve Fund and Housing Reserve Fund, and $525,000 to the Capital Reserve Fund in FY 2026-2027.
DISCUSSION/ANALYSIS:
Below is a more detailed discussion of the nominal changes made to the Proposed Budget presented at the City Council budget workshop based on feedback provided by the City Council and updated information.
1 June 16, 2025 Item 11
City Council Staff Report
Fiscal Years 2025-2026 and 2026-2027 Operating and Capital Budget June 16, 2025