CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 8, 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 and John Spelich
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that for the August 25, 2025, Closed Session that there were no reportable actions on any items and there were no absences or recusals. City Attorney Leslie Devaney reported on September 8, 2025, Closed Session there were no reportable actions and all Councilmembers were present for the meeting.
PLEDGE OF ALLEGIANCE
Mayor Gaasterland led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
None.
CITY COUNCIL COMMUNITY ANNOUNCEMENTS
Deputy Mayor Martinez reported on the Del Mar Foundation Picnic to be held on Sunday, September 14, 2025, from 1:00 p.m. and 4:00 p.m. at Powerhouse Park.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the upcoming Del Mar Recycles event being held on September 13, 2025, from 9:00 a.m.-12:00 p.m. in the lower parking lot of Shores Park; due to a fire in the EDCO trash truck in the Public Works Yard on Friday, September 5, 2025, she reminded the public that any batteries, not just lithium, should be disposed of at hazardous waste facilities in Poway, Vista, and Escondido, or via a scheduled pick-up through CleanEarth; and that San Diego Association of Governments (SANDAG) LOSSAN Rail Realignment Project geotechnical boring is expected to begin soon and conclude at the end of year.
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.
City Council Regular Minutes
September 8, 2025
IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER SPELICH TO APPROVE THE CONSENT CALENDAR ITEMS 1 THROUGH 5 AND 7 AND 8. (VOTE 4-0) Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 1: APPROVAL OF MINUTES: AUGUST 18, 2025 REGULAR MEETING AND AUGUST 25, 2025 SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 2: RATIFICATION OF LIST OF DEMANDS, DATED SEPTEMBER 8, 2025 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 3: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 4: FIRST AMENDMENT TO AGREEMENT WITH UNITED SITE SERVICES OF CALIFORNIA, INC. FOR PORTABLE RESTROOM SERVICES (CLERK’S FILE NO. 406-1)
Council approved the First Amendment to the Agreement between the City of Del Mar and United Site Services of California, Inc. for Portable Restroom Services, extending the agreement term and amending the service fee schedule; and authorized the City Manager to execute the First Amendment, on consent.
ITEM 5: TREASURER’S INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2025 (CLERK’S FILE NO. 102-2, 209-2)
Council received and filed the informational Treasurer’s Investment Report for the Quarter Ended June 30, 2025, on consent.
PUBLIC HEARING
ITEM 6: ENCROACHMENT PERMIT 25-068 TO RETAIN EXISTING UNPERMITTED
RETAINING WALLS AND TO EXTEND AN EXISTING WALL WITHIN THE PUBLIC RIGHT-OF-WAY AT 610 HOSKA DRIVE
APPLICANTS: TIM AND JAYNE HAINES (CLERK’S FILE NO. 802-1) An introduction to the item was provided by City Manager Jones. Mayor Gaasterland announced the hearing procedure. A presentation was provided by Management Analyst Nestor Machado. Planning and Community Development Director Karen Brindley was available to answer questions.
Council disclosures were as follows: Councilmember Quirk reviewed the materials; Deputy Mayor Martinez reviewed the materials and red dots and drove by the property; Councilmember Spelich read the materials and spoke to two people who signed the petition submitted by the applicant; and Mayor City Council Regular Minutes
September 8, 2025
Gaasterland reviewed the materials including the unredacted petition and materials submitted by the applicants, and rode her bike by the property.
Council questions focused on the location of the property boundaries; pedestrian and emergency vehicle access; intended use of the City’s right-of-way; whether the location of the neighboring properties’ hedges are consistent with the applicant’s permit; whether a future Council could revoke the encroachment permit; whether the wall could be considered a public benefit as a place for the public to sit; whether parking is allowed in front of 909 Highland Avenue; height and length of the proposed wall; and whether the intended boxwoods or plantings referenced by the applicant were part of the application for the encroachment permit.
The applicant Jayne Haines provided a presentation.
Mayor Gaasterland opened the item to public comment and Janet Wilson spoke. Mayor Gaasterland closed the item to public comment.
Council discussion focused on the findings required in the Del Mar Municipal Code Section 23.28.070; whether the proposed encroachment would unreasonably interfere with the intended use of the City right of way or easement and related condition of approval related to limiting vegetation to “grass height” or hardscape as to not interfere with the public right of way/block parking access; importance of the public right-of-way; desire to preserve the Magnolia tree on the site; bases for making findings #2 in that the wall creates area of open space for pedestrians avoiding bikes/traffic, and #5 in that the proposed encroachment will not be detriment to the interests of the general public; width of the street; whether the wall is existing; and proposed length extension of the wall.
IT WAS MOVED BY MAYOR GAASTERLAND AND SECONDED BY COUNCILMEMBER QUIRK
WITH A FRIENDLY AMENDMENT FROM DEPUTY MAYOR MARTINEZ TO DIRECT STAFF TO
RETURN WITH THE DOCUMENTS NECESSARY TO CONSIDER APPROVAL OF THE
ENCROACHMENT PERMIT APPLICATION ON CONSENT AT A FUTURE MEETING WITH A CONDITION OF APPROVAL LIMITING ANY PLANTINGS TO GRASS LEVEL. (VOTE 4-0) Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
Council consensus was to direct staff to complete the required California Environmental Quality Act (CEQA) analysis necessary for approval of the encroachment permit.
ITEM 7: INTRODUCTION OF AN ORDINANCE TO ADOPT THE 2025 CALIFORNIA BUILDING STANDARDS CODE AND LOCAL AMENDMENTS WITHIN CHAPTERS 23.12 AND
23.70 OF THE DEL MAR MUNICIPAL CODE (CLERK’S FILE NO. 401-4, 401-9) Associate Planner Nicole Marrow and Isam Hasenin, the City’s contract building official with True North Compliance Services, Inc. was available to answer questions. Council questions focused on how these changes will impact residents; pool safety regulations; and number of pools in Del Mar.
Mayor Gaasterland opened the public hearing. There were no public speakers. Mayor Gaasterland closed public oral communications.
The City Council introduce an Ordinance amending Del Mar Municipal Code (DMMC) Chapter 23.12 to adopt the 2025 Edition of the California Building Standards Code, adopt the California Wildland-Urban Interface Code, amend Chapters 23.12 and 23.70 to reflect local amendments to the 2025 California City Council Regular Minutes
September 8, 2025
Building Standards Code, and continue to apply various locally adopted amendments thereto as necessary to reflect Del Mar’s unique characteristics and approach to design and development review, on consent.
ITEM 8: INTRODUCTION OF AN ORDINANCE TO ADOPT THE 2025 CALIFORNIA FIRE CODE, 2025 CALIFORNIA WILDLAND URBAN INTERFACE CODE, AND LOCAL AMENDMENTS (CLERK’S FILE NO. 401-4, 401-9)
Associate Planner Nicole Morrow and Acting Fire Marshal Jordan Villagomez were available to answer questions. Council questions focused on how these changes will impact residents related to the new fire severity maps and related regulations.
Mayor Gaasterland opened the public hearing. There were no public speakers. Mayor Gaasterland closed public oral communications.
The City Council introduced an Ordinance amending Del Mar Municipal Code (DMMC) Chapter 10.04 to adopt the 2025 Edition of the California Fire Code, adopt the 2025 Edition of the California WildlandUrban Interface Code (CWUIC), amend Chapter 10.04 to reflect a local amendment to the 2025 California Fire Code, and continue to apply various locally adopted amendments thereto as necessary to reflect the Del Mar Fire Department’s approach to fire prevention and protection, on consent.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 6:40 p.m. to 7:00 p.m.
CITY COUNCIL OTHER BUSINESS
ITEM 9: REAFFIRMATION OF GUIDING PRINCIPLES AND PREFERRED PARK AMENITIES
FOR THE SHORES PARK MASTER PLAN AND RESOLUTION ESTABLISHING THE SHORES PARK MASTER PLAN AD-HOC ADVISORY COMMITTEE (CLERK’S FILE NO. 307-8)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Assistant City Manager Clem Brown.
Mayor Gaasterland opened the item to public comment and the following people spoke:
1) Rory Lynch
2) Dan Smiley
3) Michael Simpson
Mayor Gaasterland closed the item to public comment.
Council questions and discussion focused on which amenities were up for discussion; budget and space constraints associated with the project; whether the 9th Street cobblestone ditch is considered part of Shores Park or the public right of way; and whether a shared use dog park should be considered.
IT WAS MOVED BY DEPUTY MAYOR MARTINEZ AND SECONDED BY MAYOR GAASTERLAND
TO REAFFIRM THE GUIDING PRINCIPLES FOR THE SHORES PARK MASTER PLAN AS PRESENTED BY STAFF. (VOTE 4-0)
Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
City Council Regular Minutes
September 8, 2025
IT WAS MOVED BY MAYOR GAASTERLAND AND SECONDED BY DEPUTY MAYOR MARTINEZ TO ADOPT RESOLUTION 2025-32, ESTABLISHING THE SHORES PARK MASTER PLAN AD-HOC
ADVISORY COMMITTEE TO PROVIDE INPUT, GUIDANCE AND COMMENT ON THE SHORES PARK MASTER PLANNING PROCESS. (VOTE 4-0)
Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
IT WAS MOVED BY DEPUTY MAYOR MARTINEZ AND SECONDED BY MAYOR GAASTERLAND TO ACKNOWLEDGE AND REAFFIRM THE PREFERRED PARK AMENITIES AND TIERS (VOTE 4- 0)
Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
IT WAS MOVED BY DEPUTY MAYOR MARTINEZ AND SECONDED BY MAYOR GAASTERLAND
TO APPOINT MAYOR GAASTERLAND AND COUNCILMEMBER SPELICH AS THE COUNCIL LIAISONS TO THE SHORES PARK MASTER PLAN AD-HOC ADVISORY COMMITTEE. (VOTE 4-0) Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
IT WAS MOVED BY MAYOR GAASTERLAND AND SECONDED BY COUNCILMEMBER SPELICH
TO BRING TRADE OFFS AND OPTIONS FOR THE OFF-LEASH DOG AREA AND ALVARADO HOUSE AS PART OF THE MASTER PLANNING PROCESS (VOTE 4-0) Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 10: AWARD OF CONSTRUCTION CONTRACT TO TC CONSTRUCTION COMPANY, INC.
AND RELATED ACTIONS FOR UTILITY UNDERGROUNDING DISTRICT X1A (CREST CANYON) (CLERK’S FILE NO. 406-1)
An introduction to the item was provided by City Manager Jones. A presentation was provided by Principal Engineer Martin Boyd. Public Works Director Joe Bride was available to answer questions.
Council questions focused on the clarification of the project contingency; cost estimates provided by City consultants; line-item costs from the submitted project bids; impact of the trenching depth on project cost; construction management time commitment on an hourly or basis; potential for hiring in-house construction management staff; contractor’s warranty on their work and the City’s liability defense; project timing for the SDG&E and private lateral construction stages; and outreach and communication efforts with the residents.
There were no public speakers for the item.
Council discussion focused on the success of the bidding process and expressed satisfaction with the bids received below the engineer’s estimates. Council commended the efforts of the City staff involved in the project.
City Council Regular Minutes
September 8, 2025
IT WAS MOVED BY MAYOR GAASTERLAND AND SECONDED BY COUNCILMEMBER QUIRK TO APPROVE ALL OF STAFF’S RECOMMENDED ACTIONS:
1) APPROVE THE WITHDRAWAL OF THE APPARENT LOWEST BIDDER, TRI-GROUP
CONSTRUCTION AND DEVELOPMENT, DUE TO A CLERICAL ERROR UNDER PUBLIC CONTRACT CODE 5103;
2) AWARD A $7,128,769.96 CONSTRUCTION CONTRACT TO TC CONSTRUCTION COMPANY, INC. (ATTACHMENT A) FOR THE UTILITY UNDERGROUNDING DISTRICT (UUD) X1A (CREST CANYON) PROJECT;
3) APPROVE A $663,280 TASK ORDER WITH UTILITY SPECIALISTS SOUTHWEST, INC.
FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (ATTACHMENT B);
4) APPROVE A $119,633 TASK ORDER WITH NOVA SERVICES, INC. FOR GEOTECHNICAL SERVICES (ATTACHMENT C);
5) APPROVE A $123,400 TASK ORDER WITH HELIX ENVIRONMENTAL PLANNING, INC.
FOR ENVIRONMENTAL MONITORING SERVICES (ATTACHMENT D);
6) APPROVE A 10% PROJECT CONTINGENCY OF $712,877;
7) AUTHORIZE THE APPROPRIATION OF $6,886,465 IN UNEXPENDED FUNDS FROM THE PRIOR YEAR TO BE CARRIED OVER TO FY 2025-26 FOR THE CREST CANYON PROJECT; AND,
8) AUTHORIZE THE CITY MANAGER TO EXECUTE THE REQUIRED DOCUMENTS AND
ANY CONTRACT AND TASK ORDER CHANGES, WITHIN THE PROJECT CONTINGENCY, NECESSARY TO COMPLETE THE WORK. (VOTE 4-0) Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmembers Quirk and Spelich; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 11: CITY COUNCIL DIRECTION ON POTENTIAL INCENTIVES TO CREATE LOWINCOME UNITS IN CONSIDERATION OF THE CITY’S MID CYCLE HOUSING ELEMENT PRODUCTION PROGRESS (CLERK’S FILE NO. 304-7)
An introduction to the item was provided by City Manager Jones and explained that the primary purpose of the item was for the Council to receive a mid-cycle evaluation report and consultant evaluation of the City’s Accessory Dwelling Unit (ADU)-related recommendations to amend existing incentive programs to reach the City’s 6th Cycle Housing Element goal to create 15 low-income ADUs by April 2029. A comprehensive agenda item to initiate this work plan priority will be presented to the City Council early next year.
A presentation was provided by Principal Planner Amanda Lee. Planning and Community Development Director Karen Brindley was available to answer questions.
Council questions focused on whether ADUs designated as care givers could qualify as affordable units and how the City can gather information from these property owners in order for these sites to be counted toward the City’s Regional Housing Needs Assessment (RHNA) allocation.
There were no public speakers for the item.
The Council received the presentation and deferred consideration of whether to provide staff direction to bring forward an amended incentive program for consideration by the City Council at a future date.
City Council Regular Minutes
September 8, 2025
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the San Dieguito River Valley JPA and Undergrounding Program Advisory Committee.
ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 8:50 p.m.
__
Sarah Krietor, Administrative Services Manager/
City Clerk