Del Mar City Council Meeting Agenda
Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
January 23, 2023 City Council Meeting
INFORMATION RECEIVED
AFTER THE COUNCIL AGENDA
WAS DISTRIBUTED
(“Red Dots”)
1 Melinda Gould
From: [email protected]
Sent: Saturday, January 21, 2023 1:13 PM
To: Tracy Martinez; Dan Quirk; David Druker; [email protected]; Dwight Worden; City Clerk Mail Box
Cc: [email protected]
Subject: Item #8 Red Dot
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
I strongly encourage that the City extend the enforcement forbearance period until new regulations are evaluated, processed and ready to be enforced. If this forbearance period is lifted, we could experience another strong wave of new short-term rentals that will be disruptive and unfair to full-time, long term residents.
Sincerely,
Csilla Crouch
Csilla H. Crouch
235 25th street
Del Mar, CA 92014
[email protected]
858.245.6793
1 January 23, 2023 Item 08
1 Melinda Gould
From: City Clerk Mail Box
Subject: FW: Del Mar is in Contempt of Court and in Violation Of the Coastal Act and has Severely Restricted Beach Access - Red Dot Item 8
Melinda Gould
City of Del Mar | Administrative Services
1050 Camino del Mar
Del Mar, CA 92014
| 858.704-3633 | [email protected]
City Hall is open to the public for in-person public services including general walk-in services and payments MondayThursday, from 7:30 AM- 5:30 PM and remote services only on Friday from 7:30 AM- 4:30 PM. Planning and Building services are in-person at the City Hall public counter on a limited basis only Monday and Wednesday between 1:00 PM to 5:30 PM. All remote services will continue to be provided during regular City hours. Please check our City website at www.delmar.ca.us for more information.
From: Ralph "Bucky" DeMarco <[email protected]>
Sent: Monday, January 23, 2023 8:34 AM
To: Terry TG. Gaasterland <[email protected]>; Tracy Martinez <[email protected]>; David DrukerPrivate <[email protected]>; Dan Quirk <[email protected]>; Dwight Worden <[email protected]>; City Clerk Mail Box <[email protected]>
Cc: Jack Ainsworth <[email protected]>; [email protected]; [email protected]; [email protected]; Deborah Lee <[email protected]>; Cory Briggs <[email protected]>; Leslie Devaney <[email protected]>; Ashley Jones <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Laura <[email protected]> Subject: Del Mar is in Contempt of Court and in Violation Of the Coastal Act and has Severely Restricted Beach Access - Red Dot Item 8
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
The City of Del Mar is in Contempt of Court and in Violation of the California Coastal Act and is liable for damages due to its continued illegal attempts to enforce a STR (Short Term Rental) ban. The City is erroneously enforcing an Interpretation ((I2017-001) that was rejected and found unenforceable by the San Diego Superior Court and the California Coastal Commission. As a result, Del Mar has illegally driven the number of STRs down from 300-400 in 2016 to approximately 70 today severely limiting public access to the coast and beach in Del Mar.
No enforceable City law or regulation prohibits the operation of a STR in Del Mar and the City's socalled "Moratorium"/"Forbearance Period" has no legal force or effect. On December 24, 2019, the Honorable Katherine Bacal of the San Diego Superior Court, declared Del Mar's Interpretation in Resolution 2017-29 and Ordinance 934 invalid and legally unenforceable. In a separate case against the Coastal Commission, the City's proposed Ordinance 934 to amend the City's Local Coastal Program was rejected by the Coastal Commission as submitted. The City's writ of mandate lawsuit 1 January 23, 2023 Item 08
2 against the Coastal Commission was unsuccessful and judgment was entered against the City by the Honorable Judge Wohlfeil in San Diego Superior Court. (See The City of Del Mar v. The California Coastal Commission Case# 37-2018-00039254-CU-WM-CTL).
Deputy Attorney General for the State of California, Hayley Peterson, stated in the Coastal Commission court hearing judgment against the City :
1. "Del Mar must set aside its 2017 Ordinance due to CEQA and the courts rejection of Del Mar's "permissive code" arguments that STRs were never permitted".
2. "Del Mar must start all over again from the beginning with a new Ordinance that will be factually and legally significantly different than what has been done thus far".
3. "In its challenges to the Commission's decision in this case, the City repeatedly and misleadingly claimed that STRs are prohibited in the City's residential zones".
4. A brand new LCP Amendment must be submitted to the Commission in a new restart review based upon the new facts and not the City's false claims. (See The City of Del Mar v. The California Coastal Commission Case# 37-2018-00039254-CU-WM-CTL).
The California Coastal Commission has not approved any Amendments to the City's LCP with respect to STRs. Therefore there are no legally approved restrictions or regulations in the Del Mar Municipal Code, the Zoning Code, or the City's LCP with respect to STRs. DMMC 30.020.030 is completely silent on the type of contractual obligation that must exist between a landlord and tenant in the zoning codes. The City's attempt to regulate and penalize otherwise lawful contractual relationships is an abuse of discretion and a due process violation. Civ. Proc. Code 1094.5; DMMC
1.04.040. Del Mar is currently being challenged in a Administrative Citation Appeal regarding the illegal enforcement Citation No. 2647, 128 9th Street that is destined for another lawsuit and loss.
Honorable Judge Bacal, in her written ruling from her December 24, 2019 Minute Order wrote "IT IS NOW ORDERED, ADJUDGED, and DECREED that: 1. Resolution 2017-29 of Defendant and Respondent City of Del Mar's City Council is declared to be invalid and legally unenforceable (copy attached). Also, Judge Wohlfeil rejected the City's arguments in the Coastal Commission lawsuit and dismissed the City's petition for a writ of mandate.
In a Second District Court of Appeal's recent decision (which the Supreme Court declined to takeup), Keen v. City of Manhattan Beach (2022) 77 Cal.App.5th 142, the Court held that the California Coastal Act overrides local cities’ plans to implement short-term rental bans in coastal zones since such restrictions restrict coastal access, and therefore any such bans require Coastal Commission approval. Manhattan Beach had argued that they have a "permissive code" that did not specifically permit STRs therefore STRs were never allowed and the Coastal Commission lacked authority. This District Court of Appeals legal precedent completely destroys Del Mar's same legal strategy arguments. https://www.jdsupra.com/legalnews/california-coastal-act-trumps-local-9320233/ The proposed City Resolution 2023-XXXX is riddled with inaccuracies and falsehoods and completely ignores the rulings from the courts without any legal or factual basis for doing so. It states that CEQA does not apply despite Judge Bacal's and Judge Wohlfeil's ruling that it does apply. The proposed Resolution also implies that the Coastal Commission approves the illegal Forbearance Period STR ban when it clearly does not. The City staff report uses the excuse of the pandemic as to why their lawsuits turned into losses and were abandoned, but the Del Mar Alliance lawsuit was judged in December 24, 2019 and The Coastal Commission lawsuit's window of dispute expired December 13, 2019 well before the pandemic declaration.
2 January 23, 2023 Item 08
3 STRs have always been permitted in Del Mar consistent with the Community Plan. On February 5, 1981 City Attorney, Dwight Worden and Planning Director Bill Healy, issued official legal City opinions that STRs are an allowable residential use and not a commercial use under Del Mar's zoning codes, 35 years before the current attempt claiming they've never been permitted. The 1981 City Council Interpreted the residential zoning codes as permitting STRs in the residential zones on March 2, 1981 in Resolution 81-4. This legal precedent will continue to overrule the City's attempts to cheat owners out of their STR grandfathering rights.
I estimate these attempts to ban STRs have cost the City well over $1 million dollars in legal fees and staff costs (including a quarter million dollars to Cory Briggs alone). The citizens of Del Mar deserve an accounting of exactly how much this has cost so far and how much more will be spent. 3 January 23, 2023 Item 08
4 4 January 23, 2023 Item 08
6 5 January 23, 2023 Item 08
7 Best Regards,
Ralph DeMarco
Del Mar Citizen
6 January 23, 2023 Item 08
1 Melinda Gould
From: Stephen Quirk <[email protected]>
Sent: Monday, January 23, 2023 11:41 AM
To: Sarah Krietor; Melinda Gould
Subject: RED DOT Comment for Agenda Item #8 - Short Term Rentals Attachments: RED DOT Del Mar STRs S Quirk 1-23-2023.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Del Mar City Clerk,
Please see attached document for RED DOT Comment for Agenda Item #8 - Short Term Rentals Thanks,
Steve Quirk, 23rd St
1 January 23, 2023 Item 08
Thoughts on Short Term Rentals (STRs) in Del Mar
Public comments submitted by resident Steve Quirk, 23rd St
1. With the rise of popular rental services like AirBnB and VRBo, short term rentals (STRs) have become a controversial issue in Del Mar.
2. In an effort to help Del Mar come up with a more sustainable approach to STRs, I’ve researched the STR policies of many similar coastal cities and talked with numerous residents on both the “Pro” and “Con” side of the STR debate.
3. The following report is not exhaustive and is meant to help inform a community wide conversation on STR regulation.
2 January 23, 2023 Item 08
Contents
1. Suggested goals for STR regulation
2. Recent History of STRs in Del Mar
3. California Coastal Commission (CCC) Role in STRs
4. Why STR Bans Were Overturned by CCC
5. Map of “43 Qualified/Grandfathered” STRs in Del Mar from 2016
6. Map of ~175 actual STRs in Del Mar Dec 2022 (Source: Granicus)
7. New Compliance Services/Software Will Help
8. Comparison Table of STR Regulations in Peer Coastal Cities
9. Suggestion: Create a Citizen Task Force on STR Regulations 3 January 23, 2023 Item 08
Suggested Goals for STR Regulations
1. Preserve primarily residential character of Del Mar that limits unchecked expansion of STRs.
2. Create thoughtful STR regulations:
i. Respects neighbors and the community
ii. Approved by CA Coastal Commission
1. Recognizes historical operation of STRs in Del Mar
iii. Leverages experience of other coastal cities
iv. Collects Transient Occupancy Tax (TOT) to fund STR regs. v. Provides compliance, monitoring & enforcement structure vi. Distinguishes between 3 different types of STRs:
1. Primary residence part time (i.e. ~30-60 days annually)
2. Primary residence homeshare
3. Non-primary residence full-time STR
4 January 23, 2023 Item 08
Recent History of STRs in Del Mar
1. STR/Cottage Tax (TOT) fails to pass in 2010 (No TOTs collected)
2. 4/6/2016: Moratorium established on any more STRs
3. 11/6/2017: Enactment of “7/28” STR rule which banned expansion of additional full time STRs but allows for a “grace period” for qualified existing fulltime STRs a. STRs are “qualified” if they can document evidence of STR operation before 2016 rule change to “7/28”; 41 STRs are officially registered b. “7/28 Rule”: Anyone is allowed to rent out their primary residence for a maximum if 28 days per year with minimum guest stay of 7 days. c. Grace period lasts until legal resolution
4. 6/7/18: CCC “accepts” DM’s policy with modifications (i.e. it’s overly restrictive)
5. 7/16/18: Del Mar seeks “writ of mandate” on land use zoning
6. 12/24/2019: Court initially rejects some of City of Del Mar’s regulations (???)
7. Present (Jan 23, 2023): Lawsuits still ongoing. . .
5 January 23, 2023 Item 08
California Coastal Commission Role in STRs
1. Surprising to many residents, the CA Coastal Commission (CCC) has some authority over STR policy in coastal zone (all Del Mar is in coastal zone) a. Sanctioned by the CCC’s legal mandate to ensure affordable access by visitors to the coast
2. CCC has overturned outright STR bans in Manhattan Beach and Santa Barbara. These rulings by CCC have been backed by appellate court rulings a. https://www.jdsupra.com/legalnews/california-coastal-act-trumps-local-9320233/ b. https://calcoastnews.com/2021/05/santa-barbaras-vacation-rental-ban-deemed-illegal/
3. Del Mar’s “7/28” policy likely needs to be amended to reflect closer historical usage in Del Mar. Initial court rulings have ruled against Del Mar’s “7/28” policy 6 January 23, 2023 Item 08
Why STR Bans Were Overturned by CCC
1. Those coastal cities had a long history of short term rentals and did not update and submit Local Coastal Plans (LCPs) for approval by CCC which is required any time cities update policies that affect access to the coast like an STR ban.
2. All of Del Mar lies within the Coastal Zone (boundary at I-5) and therefore all of Del Mar is subject to CCC rulings.
3. The CCC rejected Del Mar’s recently established “7/28” rule (2016) that banned full time STRs
a. Why? Del Mar has long been known as a vacation destination and has a long history of short term rentals.
7 January 23, 2023 Item 08
● STRs heavily focused near beach/bluff
“43 Qualified” STRs currently operating in Del Mar
8 January 23, 2023 Item 08
1. ~175 unique listings as of
Dec 2022
a. Preliminary estimate
b. Granicus is a major
municipal software/
service vendor
2. Listings from all major STR
platforms (AirBnB, VRBO
etc)
3. Includes both apartments
and single family homes
Granicus Estimate of Actual STRs Operating in Del Mar
9 January 23, 2023 Item 08
New STR compliance
solutions/vendors give cities
the data and tools to
effectively manage STRs:
1. Identify operators
2. “24/7” citizen hotlines
3. TOT collection
New Compliance Services Can Help Cities Regulate STRs
10 January 23, 2023 Item 08
STR Regulations in Peer CA Coastal Cities
Most consistent regs: 1) Yes on collecting TOT 2) Registration Fee 3) No annual rental day limits 11 January 23, 2023 Item 08
Suggestion: Create a Citizen Task Force on STR Regs
1. Many cities have successfully used citizen committees to build consensus on STR regulations:
a. Identify goals (must pass CCC)
b. Identify major challenges
c. Given the 2010 vote on TOT for STRs/Cottages, does Del Mar have to determine whether or not a citywide vote is needed to establish TOT on STRs? It appears that other cities have not required a ballot measure to collect TOT on STRs.
d. Leverage experience of other cities, especially San Diego and Encinitas which have developed thoughtful and well documented regulations
2. Alternatively, Del Mar could host a series of town halls to educate and gather citizen input.
12 January 23, 2023 Item 08
1 Melinda Gould
From: Jessica Solano Perry <[email protected]>
Sent: Monday, January 23, 2023 11:56 AM
To: Tracy Martinez; Dan Quirk; David Druker; Terry Gaasterland; Dwight Worden; City Clerk Mail Box
Subject: Please fo not extend forbearance period on Short-Term Rentals Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear honorable Del Mar City Council Members,
I am writing to express my concerns about your plans to extend the forbearance period on Del Mar short-term rentals.
Short-term rentals are an essential source of income for the city of Del Mar in TOT collection. I urge the council to consider alternative solutions like imposing pragmatic regulations on short-term rentals as other cities have done.
Thank you for your time and consideration.
Thank you,
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Jessica Solano Perry
OPERATIONS MANAGER
Vacation Rental Management
(619) 727-3935
[email protected]
vacationrentalsbykimberly.com
1 January 23, 2023 Item 08
1 Melinda Gould
From: Laura DeMarco <[email protected]>
Sent: Monday, January 23, 2023 12:06 PM
To: Dwight Worden; David Druker; Tracy Martinez; Terry Gaasterland; Dan Quirk Cc: Ashley Jones; City Clerk Mail Box; Amanda Lee; Jack Ainsworth; Dayna Bochco; Donne Brownsey; Karl Schwing; [email protected]; Kaitlin Carney; Luke Harold; Phil Diehl; [email protected]; Laura Place; Tigist Lane Subject: Re: Item 8 Red Dot: with attachment: Del Mar’s STR moratorium violates court order, CEQA, Coastal Act, and due process
Attachments: Del Mar’s 6-Year STR Moratorium.Forbearance is an Invalid and Unlawful STR Ban.pdf Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear City Council Members and Staff,
The Del Mar City Council should not approve the proposed resolution to extend the City's existing short-term rental (STR) Forbearance for two more years because it is "illegal and unenforceable" as it violates a Superior Court court order, CEQA and the Coastal Act.
The draft resolution is riddled with errors, omissions, and flawed legal reasoning. For example, the resolution clearly defies, and ignores, a 2020 court order by Judge Bacal that Resolution 2017-29 is "invalid and legally unenforceable." The resolution implies that the City does not have to obey the court's order because Del Mar did not have the resources to appeal during the COVID pandemic! Even more significantly, the resolution omits the fact that the City was trying to make new law through a new interpretation of its zoning code. Judge Bacal clearly saw through this legal slight of hand to try to evade CEQA, Coastal Commission oversight, and due process. How can the new city council majority in 2017 interpret the zoning code that STRs are not allowed in residential zones when in 1981 the then-city attorney gave guidance that STRs are a "residential" use in a residential zone?! Manhattan Beach tried the same tactic of new interpretation of its zoning code to ban STRs but that city was recently shot down by the LA Superior Court and state appellate court (see Keen vs.
Manhattan Beach). This precedent setting case shows how ill-advised it is for Del Mar to continue to defy Judge Bacal's court order.
Attached for your review is more documentation of Del Mar's legal jeopardy if it approves the draft Forbearance resolution. In addition, it shows how Del Mar's 6-year Moratorium/Forbearance has resulted in significant cuts to visitor-serving coastal access. The number of STRs has dropped by 2/3 from 300 to 100 with the resulting loss of 600 rooms for vacationing families. As a result, hotel rates have jumped by 50% for an average daily rate in the peak July period of over $500/night.
Thanks for your consideration,
Laura
1 January 23, 2023 Item 08
z
Del Mar’s 6-Year STR
Moratorium/Forbearance:
Invalid and Unlawful Ban
Violates Court Order, CEQA & Coastal Act
2 January 23, 2023 Item 08
90 Year History of Del Mar STRS
➢ 1930s: Start of vacation rentals that boom with
closure of Hotel Del Mar in 1960s
➢ 1970s: Community Plan Taskforce rejects
discouraging “transient occupancy” and
Community Plan notes STRs in residential zones
➢ 1981: City Attorney gives opinion to City Council
that STR is “residential use”
➢ 2008: Prop J Ballot initiative states STRs are
“fabric” of community” and voters reject STR tax
➢ 2016: “Urgency” ordinance bans new STRs
➢ 2017: New Council majority interprets zoning code
doesn’t allow STRs despite STR history with City
claiming 300-400 in Del Mar
➢ 2017: New Council majority passes Ordinance
934 banning STRs in residential zones
➢ 2018: Coastal Commission rejects Del Mar’s 28/7
STR ban prompting City lawsuit that is dismissed
➢ 2019: Court rules new 2017 zoning code
interpretation is “invalid” and Ordinance 934 STR
ban is “legally unenforceable”
➢ 2023: ~100 STRs vs. 300 City claimed in 2016
70 Del Mar STRS listed on VRBO
Source: VRBO as of 1/23/2023
3 January 23, 2023 Item 08
z
2016 STR Moratorium Impact:
600 STR rooms lost
Hotel rates jump 50%
July
2016
July
2022
6-year
Change
Hotel ADR/room $339 $510 +$171 +50.4%
STR ADR/room $110 $160 +$50 +33.3%
# Hotels/rooms 6/355 6/358 3 rms +0.8%
# STRS/rooms 300/900 100/300 -600 rms -66.7%
July TOT hotel $368 K $507 K +$139 K +37.8%
FY TOT hotel $2.62 M $3.42 M +$800 K +30.5%
Source: City of Del Mar; vacation rental websites; Coastal Commission June 7, 2018 STR LCP staff report
4 January 23, 2023 Item 08
Del Mar
Hotels
# of
Rooms
July 2023
weekend
2-nights
July 2023
weekend
daily rate
L’Auberge
(1989)
120 $2,835-$11,835
(3-night min)
$945-3,945
Del Mar Beach
Hotel (1968)
46 $998-$1,138 $499-569
Hotel Indigo
(1910)
94 $625-1,018 $312-509
Best Western
(1970)
80 $357-720
(2nd weekend)
$178-360
Les Artistes Inn 12 sold out N/A
Secret Garden 4 sold out N/A
Total 356 3 of 6 sold out N/A
Source: Bookings.com for 1st weekend in July; already sold out for 3 hotels: Best Western is 2nd weekend; LA/SG July sold out Del Mar Hotel Pricing as of 1/23/2023 Del Mar Hotel Map 5 January 23, 2023 Item 08
➢ June 1, 2017: Lawsuit filed vs. STR ban
➢ Dec. 20, 2019: Trial
➢ Dec. 24, 2020: Judge’s issues minute order
that Resolution 2017-29 is “invalid and
legally unenforceable”
➢ Feb. 24, 2020: after 60 days, final court
ruling stands
➢ March 19, 2020 COVID stay-at-home order
➢ In defiance of court order and no CCC
approved LCP STR amendment, Del Mar
code enforcement continues to cite STRs
whose number drop by 2/3 with ownership
changes
➢ Jan 18, 2023: Attorney Cory Briggs
challenges 2 STR citations as being illegal
and unenforceable
➢ Jan 23, 2023: Draft Forbearance Resolution
is erroneous, defies court order, and invites
costly and wasteful legal battles City has
NEVER WON
➢ Feb 1, 2023: Expected ruling of hearing
officer
Del Mar’s Costly Legal Jeopardy
6 January 23, 2023 Item 08
Appendix: Excerpts from Judge Bacal’s ruling
7 January 23, 2023 Item 08
1 Melinda Gould
From: Kimberly Jackson <[email protected]>
Sent: Monday, January 23, 2023 12:00 PM
To: Tracy Martinez; Dan Quirk; David Druker; Terry Gaasterland; Dwight Worden; City Clerk Mail Box
Subject: No, don’t continue to extend the STR Forbearance Period, item #8 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Honorable Mayor and Council Members,
Please do not extend The Forebarance Period again on the STR issue. Stop kicking the can down the road. Let’s work collectively to create rules and regs around the STRs, like ALL other cities have done. You are hurting your residents who need supplemental income while they travel or take short work assignments elsewhere. This city is also missing out on millions of dollars in TOT monies pushing this issue off. Please do not vote YES on an extension.
Thx,
Kimberly Jackson
Vacation Rentals by Kimberly
https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.vrbkim.com%2F&data=05%7C01%7Ccitycle rk%40delmar.ca.us%7C30538834a2fa4860eb0108dafd7c6e40%7Ce57e47ceaae64f7392493b679aab1eb4%7C0%7C0%7C 638101008298414828%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJ XVCI6Mn0%3D%7C2000%7C%7C%7C&sdata=QW%2FUzW%2BfKIbRzhiOE1jPQ1ca4b%2FlfWZa6mACBx35ftc%3D&reserv ed=0
503.957.9354
1 January 23, 2023 Item 08
1 Melinda Gould
From: Gina Corsini Mattern <[email protected]>
Sent: Monday, January 23, 2023 2:23 PM
To: Tracy Martinez; Dan Quirk; David Druker; Terry Gaasterland; Dwight Worden; City Clerk Mail Box
Subject: Forebearance
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Council Members:
I am writing in opposition to the continuance of the forbearance period. An issue that was deemed an "emergency" in 2015 is now entering year SEVEN of the City Council's draconian rule. The City Council has not provided any evidence that the "forbearance" is necessary. It has been used as a means to "ban" short term rentals, an issue the City Council has not addressed in SEVERAL years. The City has been taken to court on the issue of their "interpretation" of our permissive code and were told by the judge, their "interpretation" was illegal and unenforceable. It is appalling that Council continues to on trample on property owners rights and illegally attempting to stop short term rentals from existing.
--
Gina C. Mattern
858 699.9848
1 January 23, 2023 Item 08
1 Melinda Gould
From: Julia Corsini Mattern Coffelt <[email protected]> Sent: Monday, January 23, 2023 2:32 PM
To: Tracy Martinez; Dan Quirk; David Druker; Terry Gaasterland; Dwight Worden; City Clerk Mail Box
Subject: Red Dot Comments (City Clerk): Item #8
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear City Council Members,
As a registered voter in Del Mar, I do not support another extension of forbearance, since it has been 7 years since the first in 2016 & is no longer an emergency.
Regards
Julia CM Coffelt
1 January 23, 2023 Item 08
1 Melinda Gould
From: Camilla Rang <[email protected]>
Sent: Friday, January 20, 2023 3:20 PM
To: City Clerk Mail Box
Subject: Item 11, City Council meeting Jan 23, 2023
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear City Council,
I listened into the infamous last SANDAG meeting because I was going to speak about the 300 million dollars that SANDAG received to start the tunnel project through Del Mar, money that NCTD now wants to spend more than half of to rebuild bridges instead of using them for what they were meant for - environmental impact reports and geological studies of where the tunnel best should be placed. Now, sadly, SANDAG forgot to call for General Public Speakers so I never got the chance, but since I sat there waiting, I heard all the voting that went down for the three positions and I have since looked into the weighted votes and researched about it since there has been so much talk.
This is my take. I understand both sides. I understand the thought behind weighted votes. I also understand the other side who will never get their voices heard. All it takes with the set-up of today's weighted system is for three board members (from the largest populations) to vote the same. Plus that they need to convince one more person to vote the same because according to the rules, 4 board members are required to vote the same for the weighted vote to go through. The other 15 board members do not have to even come in. They are not needed, their voices not heard. It's not right. There is too much power to three people on the board, it's off balance. The system has to be changed either by adding more representatives to the larger cities and hope they are honest people and vote according to their own district and not band together as one large cityvote again, or another option would be that for weighted votes to overrule tally votes will have to have a larger majority than 50%, for example 75%.
That's my two pennies. Weighted votes kind of make sense, but a higher percentage should be needed to overrule tally vote. Three people cannot sit with all the power.
Sincerely,
Camilla Rang
1 January 23, 2023 Item 11
City of Del Mar
Memorandum
________________________________________________________________________________________________________ TO: Honorable Mayor and City Council Members
FROM: Clem Brown, Assistant City Manager
DATE: January 23, 2023
SUBJECT: Red Dot Item 11: Council Discussion Regarding SANDAG Weighted Voting Process
To supplement the materials included with Item 11, staff is submitting as a red dot a letter from the City of Del Mar requesting (then) Governor Brown veto Assembly Bill (AB) 805 (Gonzalez-Fletcher) dated September 12, 2017.
Attachment A – City of Del Mar Letter Opposing AB 805
1 January 23, 2023 Item 11
Attachment A 2 January 23, 2023 Item 11