CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 25, 2026
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 Tracy Martinez called the Regular Meeting to order at 4:35 p.m.
ROLL CALL
Present: Mayor Tracy Martinez; Deputy Mayor John Spelich; Councilmembers Terry Gaasterland and Dan Quirk
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Christina Cameron reported that there were no reportable actions for the August 25, 2026, Closed Session meeting.
PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Martinez opened public oral communications and the following people spoke:
1) Sean Wheatley
2) Kathy Ng
3) Janet Wilson
4) Brian Douglas
5) Call in User 1 (remote speaker)
Mayor Martinez closed public oral communications.
Council questions focused on the City’s processes and policies related to removal of protected privately owned trees.
CITY COUNCIL COMMUNITY ANNOUNCEMENTS
Mayor Martinez provided comments regarding the City’s efforts related to affordable housing and recent actions of the Del Mar Fairgrounds Board of Directors to unexpectedly terminate an Exclusive Negotiating Rights Agreement with the City to explore placing affordable housing at the Fairgrounds.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported on the successful 2026 Fuel Reduction Program and thanked residents for their diligent efforts clearing green waste on their property; upcoming 50th anniversary City Council Regular Minutes
August 25, 2026
celebration for Del Mar Community Plan at the September 8, 2026, City Council meeting; and close of the candidate filling period for the November 3, 2026, General Municipal Election.
PRESENTATIONS
ITEM 1: 40TH ANNIVERSARY OF THE DEL MAR FARMERS MARKET PROCLAMATION (CLERK’S FILE NO. 1201-5)
Mayor Martinez presented the proclamation to Del Mar Farmers Market Board Members Leslie Robson and Rita Meier. Leslie Robson provided comments on behalf of the Del Mar Farmers Market volunteers and Board Members.
There were no public speakers for this item.
Council expressed appreciation for the Farmers Market volunteers.
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 GAASTERLAND, SECONDED BY DEPUTY MAYOR SPELICH TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 13 AND ITEM 15. (VOTE 4-0)
Ayes: Mayor Martinez; Deputy Mayor Spelich; Councilmembers Gaasterland and Quirk; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: JULY 7, 2026 REGULAR MEETING, JULY 21, 2026 AND AUGUST 3, 2026 SPECIAL MEETINGS (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED AUGUST 25, 2026 (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: TASK ORDER WITH DUDEK FOR ENGINEERING AND PERMITTING CONSULTING
SERVICES FOR THE SAN DIEGUITO LAGOON SHORELINE PROTECTION PLANNING PROJECT (LEVEE/TRAIL) (CLERK’S FILE NO. 406-1) Council questions focused on the estimated project cost and funding; whether acceptance of grant funding for project design obligates the City to complete future construction; and possible relocation of the Public Works Yard as part of the project.
City Council Regular Minutes
August 25, 2026
Council approved a $1,245,148 Task Order with Dudek to complete engineering design, resource agency permitting, and related tasks; authorized the City Manager to execute the Task Order; and amended the Fiscal Year (FY) 2026-2027 Operating and Capital Budget as described in the Fiscal Impact section of this report, on consent.
ITEM 6: APPROVAL OF TASK ORDER WITH MICHAEL BAKER INTERNATIONAL FOR ENGINEERING SERVICES FOR THE FISCAL YEAR 2027 STREET AND STORM DRAIN IMPROVEMENTS PROJECT (CLERK’S FILE NO. 406-1)
Council approved a $162,000 Task Order with Michael Baker International for design services for the Fiscal Year (FY) 2027 Street and Storm Drain Improvements Project; and authorized the City Manager to execute the Task Order, on consent.
ITEM 7: ACCEPTANCE OF AN IRREVOCABLE OFFER TO DEDICATE AN EASEMENT FOR PUBLIC PEDESTRIAN ACCESS ACROSS PROPERTY LOCATED AT 101 11TH STREET (CLERK’S FILE NO. 1306-1)
APPLICANT/OWNER: DEL MAR 107 LLC, THOMAS HARRINGTON
PROPERTY ADDRESS: 101 11TH STREET
APN: 300-094-01-00
Council adopted Resolution 2026-53, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, APPROVING ACCEPTANCE OF AN IRREVOCABLE
OFFER FROM THOMAS HARRINGTON TO DEDICATE AN EASEMENT FOR PUBLIC PEDESTRIAN ACESS ON THE PROPERTY LOCATED AT 101 11th STREET (APN:
300-094-01-00) DEL MAR, CALIFORNIA FOR USE AND OPERATION OF PUBLIC BENEFIT TO THE CITY OF DEL MAR,” on consent.
ITEM 8: ACCEPTANCE OF SEWER EASEMENT FOR PROPERTY LOCATED AT 101 11TH STREET (CLERK’S FILE NO. 1306-1)
APPLICANT/OWNER: DEL MAR 107 LLC, THOMAS HARRINGTON
PROPERTY ADDRESS: 101 11TH STREET
APN: 300-094-01-00
Council adopted Resolution 2026-54, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, APPROVING ACCEPTANCE OF A SEWER EASEMENT ON AND OVER THE PROPERTY LOCATED AT 101 11th STREET (APN:
300-094-01-00) DEL MAR, CALIFORNIA FOR USE AND OPERATION OF PUBLIC BENEFIT TO THE CITY OF DEL MAR and Authorized staff to record the Grant of Sewer Easement, on consent.
ITEM 9: FINANCE COMMITTEE APPOINTMENT (CLERK’S FILE NO. 401-5) Council appointed Susan Maronde as a voting member to the Finance Committee to serve a full three-year term effective August 25, 2026, and ending on August 31, 2029, on consent.
ITEM 10: RESOLUTION ACCEPTING STATE-MANDATED ANNUAL FIRE INSPECTIONS REPORT (CLERK’S FILE NO. 102-5)
City Council Regular Minutes
August 25, 2026
Council adopted Resolution 2026-55 “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,” in conjunction with Senate Bill (SB) 1205 and California Health and Safety Code Section 13146.4 for calendar year 2025, on consent.
ITEM 11: ACCEPTANCE OF A CALIFORNIA OFFICE OF EMERGENCY SERVICES (CAL OES) TYPE VI FIRE ENGINE (CLERK’S FILE NO. 406-1)
Council accepted the Cal OES Type VI fire engine with Cal OES for the Temporary Transfer of Vehicular Equipment Cal OES Fire Engine Number 6621 to the Del Mar Fire Department, on consent.
ITEM 12: GENERAL EMPLOYEE COMPENSATION PLAN AMENDMENT – ADMINISTRATIVE CORRECTION (CLERK’S FILE NO. 502-1)
Council adopted Resolution 2026-56 “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE FISCAL YEAR 2026-2027 COMPENSATION PLAN FOR GENERAL EMPLOYEES,” to correct the compensation for the Water Utility Specialist II position, on consent.
ITEM 13: TREASURER'S INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2026 (CLERK’S FILE NO. 102-2, 209-2)
Council received and filed the informational Treasurer’s Investment Report for the quarter ended June 30, 2026, on consent.
PUBLIC HEARING
ITEM 14: DE NOVO HEARING OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY VARIANCE (V25-002), A REQUEST FOR A VARIANCE FROM DEL MAR MUNICIPAL CODE (DMMC) SECTION 30.86.090(A)(1) TO ALLOW THE RETENTION
OF FENCING AND GATES THAT EXCEED THE ALLOWED HEIGHT WITHIN THE LOT’S REQUIRED FRONT AND STREET-SIDE YARDS (SETBACKS) AND FROM DMMC SECTION 30.86.090(A)(4) TO ALLOW THE RETENTION OF AN ENTRYWAY (ARBOR) STRUCTURE IN EXCESS OF THE OUTER DIMENSIONS AND OPENNESS ALLOWED IN THE FRONT YARD SETBACK (CLERK’S FILE NO. 301-3) APPLICANT/APPELLANT: CHRISTIAN AND ROSEE VOIGTLANDER
LOCATION: 355 14TH STREET (APN: 300-020-18-00)
Mayor Martinez provided an overview of de novo hearing procedure.
Council disclosures were as follows: Councilmember Quirk, Deputy Mayor Spelich and Mayor Martinez reported no conflicts and no disclosures. Councilmember Gaasterland reported that she rode her bike by the subject property and walked the property with the property owner.
City Council Regular Minutes
August 25, 2026
A presentation was provided by Associate Planner Jean Crutchfield. Planning and Community Development Director Karen Brindley and Assistant City Attorney Ralph Hicks were available to answer questions.
Council questions focused on the property’s topography; whether it is possible to put a fence around the pool; parking on 14th Street and Luneta Drive related to privacy on the subject property; pool safety requirements in the Del Mar Municipal Code; whether the constructed arbor was a different design than the previously approved arbor; whether the fencing was included in the design plans that were considered by the Design Review Board; clarification on the outcome of Planning Commission’s vote on the variance application; and whether the City’s red curb study will address potential safety issues associated with parking on public roads including at 14th Street and Luneta Drive.
Applicant Christian Voigtlander and his representative Attorney Lee Andelin provided a presentation.
There were no public speakers for the item.
Council discussion focused on the pool fencing code requirements and alternative barrier options; consideration related to the proposed fence; whether there are different height requirements for fences versus hedges; and procedural options for the Council to consider.
IT WAS MOVED BY DEPUTY MAYOR SPELICH AND SECONDED BY COUNCILMEMBER GAASTERLAND TO ADOPT RESOLUTION 2026-58, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, DENYING VARIANCE V25-002 FROM DEL MAR MUNICIPAL CODE SECTION 30.86.090(A)(1), A REQUEST TO ALLOW THE RETENTION OF FENCING AND GATES UP TO 7-FEET IN HEIGHT AT THE FRONT AND UP TO 8-FEET IN HEIGHT IN THE STREET SIDE PROPERTY LINES WHERE A MAXIMUM HEIGHT OF 3.5-FEET IS ALLOWED, AND FROM DMMC SECTION 30.86.090(A)(2) AND DMMC SECTION 30.86.090(A)(4) TO ALLOW THE
RETENTION OF AN ENTRYWAY (ARBOR) STRUCTURE IN EXCESS OF THE DIMENSIONS ALLOWED IN THE FRONT YARD SETBACK OF A PROPERTY IN THE R1-10 ZONE, LOCATED AT 355 14TH STREET (APN: 300-020-18-00), DEL MAR, CALIFORNIA.” IT WAS FURTHER MOVED TO
WAIVE THE RESUBMISSION WAITING PERIOD FOR THE APPLICANT TO REAPPLY FOR A NEW
VARIANCE, DIRECT STAFF TO WORK WITH THE APPLICANT TO DISCUSS FENCE ALTERNATIVE SUCH AS POOL COVERS, ALLOWED A HOLD OVER PERIOD OF 90 DAYS FOR THE APPLICANT
TO RESUBMIT A REVISED APPLICATION, AND THAT THE CITY COUNCIL WILL RETAIN
ORIGINAL JUDICATION ON THE VARIANCE WHICH WILL RETURN DIRECTLY TO THE CITY COUNCIL. (VOTE 4-0)
Ayes: Mayor Martinez; Deputy Mayor Spelich; Councilmembers Gaasterland and Quirk; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
ITEM 15: ENCROACHMENT PERMIT (EP) 26-053 TO PERMIT VEHICLE ACCESS GATES AND FLAGSTONE PAVERS WITHIN A UTILITY EASEMENT LOCATED AT 101 11TH STREET (CLERK’S FILE NO. 802-1)
APPLICANT: DEL MAR 107, LLC
SITE ADDRESS: 101 11TH ST.
APN: 300-094-01-00
Mayor Martinez opened the public hearing. There were no public speakers for item. Mayor Martinez closed the public hearing.
City Council Regular Minutes
August 25, 2026
Council adopted Resolution 2026-57, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, APPROVING ENCROACHMENT PERMIT EP26-053 TO ALLOW VEHICLE
ACCESS GATES AND FLAGSTONE PAVERS WITHIN A DEDIDICATED UTILITY ACCESS EASEMENT ON THE WEST SIDE OF THE PROPERTY AT 101 11TH STREET (APN: 300-094-01-00) IN DEL MAR, CALIFORNIA,” on consent.
COUNCIL MEETING RECESS:
The City Council took a meeting recess from approximately 7:00pm to 7:18 p.m.
ITEM 16: INTRODUCTION OF AN ORDINANCE TO AMEND THE DEL MAR MUNICIPAL CODE
LOT LINE ADJUSTMENT REGULATIONS AND ADOPTION OF RESOLUTION ESTABLISHING A REDUCED PLANNING FEE (CLERK’S FILE NO. 401-4) A presentation was provided by Associate Planner Adriana Jaramishian. Planning and Community Development Director Brindley and Assistant City Attorney Hicks were available to answer questions.
Council questions and discussion focused on whether the proposed ordinance preserves no net loss for housing units; possible implications of lot consolidations on the allowable Floor Area Ratio (FAR) of the primary homes and Accessory Dwelling Units (ADUs); whether the proposed ordinance can limit the number of lots that could be consolidate and related compliance considerations related to the Subdivision Map Act; whether neighbors will receive notice of the lot consolidation; current fee as compared to the new fee; consideration to limit the expedited process to applications consolidating a maximum of two lots; consideration to leave the existing ordinance in place; and desire to streamline other planning processes.
There were no public speakers for the item.
Council consensus was to direct staff to return to Council with a side-by-side comparison of the current and proposed processes; an explanation of the safeguards incorporated into the City’s Municipal Code and design review processes; and an assessment of the legality of limiting expedited consolidation under the proposed Ordinance to a maximum of two lots.
ITEM 17: INTRODUCTION OF ORDINANCES FOR IMPLEMENTATION OF HOUSING ELEMENT PROGRAMS 7F, 4A, AND 4B RELATED TO REASONABLE ACCOMMODATIONS
AND SPECIAL NEEDS HOUSING REGULATIONS, INCLUDING RESIDENTIAL CARE,
SUPPORTIVE HOUSING, TRANSITIONAL HOUSING, LOW BARRIER NAVIGATION
CENTERS, EMERGENCY SHELTERS, AND ADULT AND CHILD DAY CARE SERVICES CONSISTENT WITH STATE LAW (CLERK’S FILE NO. 401-4, 304-7) City Attorney Cameron provided a conflict analysis that Mayor Martinez, Deputy Mayor Spelich, and Councilmember Quirk are recused from participation in Item 17(3) due to living within 500 feet of the subject matter of the discussion. Administrative Services Manager/City Clerk Krietor conducted a straw drawing, and Deputy Mayor Spelich was selected to recuse.
A presentation was provided by Associate Planner Nicole Marrow. Planning and Community Development Director Brindley and Assistant City Attorney Hicks were available to answer questions.
Council questions on the reasonable accommodation ordinance focused on the accommodation process for evaluating amenities.
There were no public speakers for the item.
City Council Regular Minutes
August 25, 2026
IT WAS MOVED BY GAASTERLAND AND SECONDED BY QUIRK TO CONFIRM THE
ENVIRONMENTAL DETERMINATION THAT THE PROPOSED CODE AMENDMENTS WILL NOT
RESULT IN ANY NEW SIGNIFICANT EFFECTS ON THE ENVIRONMENT OR INCREASE IN THE SEVERITY OF EFFECTS ON THE ENVIRONMENT AS ANALYZED IN THE CITY’S CERTIFIED 6TH CYCLE HOUSING ELEMENT FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (PEIR) AND CONSISTENT WITH THE STATUTES OF SECTION 15162 OF THE CALIFORNIA PUBLIC RESOURCES CODE; AND INTRODUCE THE ORDINANCE FOR ZONING CODE AMENDMENT ZA26-003 RELATED TO REASONABLE ACCOMMODATIONS (ATTACHMENT A) TO REPEAL DMMC SECTION 30.86.230 (REASONABLE ACCOMMODATION), CREATE A NEW DMMC CHAPTER 30.94 (REASONABLE ACCOMMODATIONS), AND AMEND DMMC SECTION
23.08.035 (DESIGN REVIEW) (VOTE 4-0)
Ayes: Mayor Martinez; Deputy Mayor Spelich; Councilmembers Gaasterland and Quirk; Noes: 0; Recuse: 0; Absent: 0; Abstain: 0.
Deputy Mayor Spelich recused and left the Town Hall. Associate Planner Marrow provided a presentation.
Council questions focused on whether housing under the proposed ordinance could count towards affordable units; permit and noticing requirements under the proposed ordinance; and whether the City could expand allowance of emergency shelters to other zones such as the Central Commercial and/or Professional Commercial Zones.
IT WAS MOVED BY COUNCILMEMBER QUIRK AND SECONDED BY MAYOR MARTINEZ TO
CONFIRM THE ENVIRONMENTAL DETERMINATION THAT THE PROPOSED CODE AMENDMENTS
WILL NOT RESULT IN ANY NEW SIGNIFICANT EFFECTS ON THE ENVIRONMENT OR INCREASE IN THE SEVERITY OF EFFECTS ON THE ENVIRONMENT AS ANALYZED IN THE CITY’S CERTIFIED 6TH CYCLE HOUSING ELEMENT FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (PEIR) AND CONSISTENT WITH THE STATUTES OF SECTION 15162 OF THE
CALIFORNIA PUBLIC RESOURCES CODE AND INTRODUCE THE ORDINANCE FOR ZONING CODE AMENDMENT ZA26-001 AND LOCAL COASTAL PROGRAM AMENDMENT LCPA26-001 (ATTACHMENT C) RELATED TO SPECIAL NEEDS HOUSING, INCLUDING RESIDENTIAL CARE,
SUPPORTIVE HOUSING, TRANSITIONAL HOUSING, LOW BARRIER NAVIGATION CENTERS,
EMERGENCY SHELTERS, AND ADULT AND CHILD DAY CARE SERVICES TO AMEND DMMC CHAPTER 30.04 (DEFINITIONS), CHAPTER 30.10 (VERY LOW DENSITY RESIDENTIAL R1-40), CHAPTER 30.11 (MODIFIED LOW DENSITY RESIDENTIAL R1-14), CHAPTER 30.12 (LOW DENSITY RESIDENTIAL R1-10), CHAPTER 30.13 (LOW DENSITY RESIDENTIAL BEACH R1-10B), CHAPTER
30.14 (MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL R1-5), CHAPTER 30.15 (MEDIUM DENSITY SINGLE-FAMILY) RESIDENTIAL BEACH R1-5B), CHAPTER 30.16 (MEDIUM DENSITY SINGLE-MIXED RESIDENTIAL RM-EAST), CHAPTER 30.17 (MEDIUM DENSITY MIXED RESIDENTIAL RM-WEST), CHAPTER 30.18 (MEDIUM DENSITY MIXED RESIDENTIAL RMCENTRAL), CHAPTER 30.19 (MEDIUM DENSITY MIXED RESIDENTIAL RM-SOUTH), CHAPTER
30.20 (HIGH DENSITY MIXED RESIDENTIAL R2), CHAPTER 30.21 (RESIDENTIAL COMMERCIAL ZONE RC), CHAPTER 30.22 (CENTRAL COMMERCIAL ZONE), CHAPTER 30.24 (NORTH COMMERCIAL ZONE), AND CHAPTER 30.25 (PROFESSIONAL COMMERCIAL ZONE); AND DMMC SECTION 30.75.080 (COASTAL DEVELOPMENT PERMITS ISSUANCE); AND CREATE A NEW DMMC SECTION 30.86.205 (SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING); AND CHAPTER 30.95 (HOUSING FOR SPECIAL NEEDS POPULATIONS) AS NECESSARY TO HARMONIZE THE DMMC AND CERTIFIED LCP WITH FAIR HOUSING STATE LAWS. (VOTE 3-0-1
WITH DEPUTY MAYOR SPELICH RECUSED)
City Council Regular Minutes
August 25, 2026
Ayes: Mayor Martinez; Councilmembers Gaasterland and Quirk; Noes: 0; Recuse: Deputy Mayor Spelich; Absent: 0; Abstain: 0.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
None.
ADJOURNMENT
Mayor Martinez adjourned the meeting at 8:50 p.m.
Sarah Krietor, Administrative Services Manager/
City Clerk