Del Mar City Council Special Meeting Agenda
Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
July 24, 2023 City Council Special Meeting
INFORMATION RECEIVED
AFTER THE COUNCIL AGENDA
WAS DISTRIBUTED
(“Red Dots”)
1 Melinda Gould
From: [email protected]
Sent: Sunday, July 23, 2023 1:11 PM
To: City Clerk Mail Box
Cc: Terry TG. Gaasterland; Dan Quirk; 'Tracy Martinez'; David Druker; Dwight Worden; Martin Boyd; Ashley Jones
Subject: Red Dot Letter - July 24th - III Closed Session - Item A Attachments: 1995 Water line project (see page 79).pdf; Oribia Road re-paving San_Diego_Union_ 1968-06-03_17.png; San Dieguito Drive pavement Jul 2023.jpg 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.
Red Dot Leer
City of Del Mar – City Council Meeng
July 24, 2023, 3:15 p.m.
III. CLOSED SESSION
Item A - Real Property Negoaons
Property: San Dieguito Drive from Oribia Road to Racetrack View Drive Negoang Pares: City of Del Mar and San Dieguito Drive Property Owners Under Negoaon: Potenal dedicaon and improvement of the road and terms and condions of the same Dear Del Mar City Council members:
I am a resident of Del Mar who owns a home at 1561 San Dieguito Drive. I’ve been working with my neighbors and the City for six years to get our secon of deteriorated street accepted into the Del Mar public street system. It is urgent that we come up with a plan as soon as possible for an acceptable design that agrees with the city’s Ulity Undergrounding design. I recently received a design for the ulity lateral for my home that does not agree with the street design presented by the City on July 13th. Trenching for ulies on our street is scheduled to begin next summer.
This is a public safety issue that requires the expedited aenon of City Staff and City Council members. Ulity Undergrounding in District X1A should not be delayed because of the potenal fire hazard for the enre City and having a well-maintained surface street in our neighborhood is essenal to the plan for fighng wildfire and evacuang Crest Canyon residents.
I would ask that the City Council immediately authorize an update to the engineering assessment of our street to create a design that would overlay the exisng pavement with a concrete swale in the center for water drainage. Adding a sewer to our neighborhood should no longer be considered at this me because of the addional expense and delay in re-paving the road surface.
In addion, without further delay, the City should begin negoaons with the property owners about how the cost of the road repairs will be financed.
Sincerely,
Amy Cheshire
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1 Melinda Gould
From: K Hayward <[email protected]>
Sent: Monday, July 24, 2023 1:09 AM
To: City Clerk Mail Box
Subject: Private San Dieguito Drive
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.
Red Dot Letter
City of Del Mar – City Council Meeting
July 24, 2023, 3:15 p.m.
III. CLOSED SESSION
Item A - Real Property Negotiations
Property: San Dieguito Drive from Oribia Road to Racetrack View Drive Negotiating Parties: City of Del Mar and San Dieguito Drive Property Owners Under Negotiation: Potential dedication and improvement of the road and terms and conditions of the same Dear Del Mar City Council members:
I am a resident of Del Mar who owns a home at 1567 San Dieguito Drive. I have supported my neighbors and the City for six years to get our section of deteriorated street accepted into the Del Mar public street system. It is urgent that we come up with a plan as soon as possible for an acceptable design that agrees with the city’s Utility Undergrounding design. Trenching for utilities on our street is scheduled to begin next summer.
Utility Undergrounding in District X1A should not be delayed because of the potential fire hazard for the entire City and having a well-maintained surface street in our neighborhood is essential to the plan for fighting wildfire and evacuating Crest Canyon residents.
I would ask that the City Council immediately authorize an update to the engineering assessment of our street to create a design that would overlay the existing pavement with a concrete swale in the center for water drainage.
Adding a sewer to our neighborhood should no longer be considered at this time because of the additional expense and delay in re-paving the road surface.
In addition, without further delay, the City should begin negotiations with the property owners about how the cost of the road repairs will be financed.
Sincerely,
1 July 24, 2023 Closed Session Item III-A
2 Bette Hayward
1567 San Dieguito Drive
2 July 24, 2023 Closed Session Item III-A
1 Melinda Gould
From: Beth Westburg <[email protected]>
Sent: Monday, July 24, 2023 8:59 AM
To: Dwight Worden; Terry Gaasterland; Tracy Martinez; Dan Quirk; David Druker; City Clerk Mail Box
Subject: Red Dot: Item 2 - SDDPOA response
Follow Up Flag: Follow up
Flag Status: Completed
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,
I’m not sure how many resident letters you will receive as several of our neighbors are away on vacation. I am sending this as the President of the San Dieguito Drive Property Owners’ Association. I want to let you know this has been the talk of the neighborhood. I have been personally speaking, emailing, and texting with the majority of the property owners and they are in agreement with this letter.
Thank you for taking the time to review this letter. As you know, we have been working with the city to get information so we can decide between two major options. The “City” option is defined as the city and residents work together to fix the road in order to add San Dieguito Drive into the Del Mar Road system. The second option is for the easement users to share the road repairs. We need answers to the following options.
1. City Option:
a. What are the repair standards that the city will require so they will accept the road into the Del Mar Road system?
b. If an assessment district is necessary, who would be in the assessment district? c. Will the city cover any easement users’ portion? If so, who and how much? d. What is the breakdown of the costs?
2. Private Option: Are there any road requirements that we need to complete if we want to keep the road private? Before spending additional city funds for assessment districts, etc., it is important that we all agree on the street design and understand the costs. Once these items are determined, the residents will be able to make a decision.
Road Design: In 2017, we asked city staff what it would take to repair our road and have the city take over maintenance. After the last meeting (7/13/2023) with the staff, we want to let you know that we are looking for a basic, cost-efficient road design that matches the character of the neighborhood. A road like Oribia Road, Gatun, and Serpentine. Over the last six years, the city has advocated that a 20-foot-wide road with a concrete swale would be sufficient. San Dieguito Drive property owners do not want to widen the roadway.
Sewer: At this time, there is not general support to pay for a sewer and thus, should not be included in this project. 1 July 24, 2023 Closed Session Item III-A
2 Open Session: We respectfully ask that the council split this agenda item into two items. The road design should be discussed in open session. The San Dieguito Drive Property Owners Association (SDDPOA) welcomes the opportunity to work closely with city staff to design a basic road (closely resembling the current road) that will satisfy all users’ needs.
We look forward to working with staff and the council to come to a fair and equitable decision.
Sincerely,
Beth Westburg, President
San Dieguito Drive Property Owners Association (SDDPOA) 2 July 24, 2023 Closed Session Item III-A
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Subject: Item 2 for Closed Session: Real Property Negotiations Property: San Dieguito Drive from Oribia Road to Racetrack View Drive Negotiating Parties: City of Del Mar and San Dieguito Drive Property Owners Under Negotiation: Potential dedication and improvement of the road and terms and conditions of the same Authority:
Government Code Section 54956.8
July 21, 2023
Dear Council Members and City Staff,
Thank you for taking time to continue to review the situation with San Dieguito Drive, a private road between two public roads that is unsafe for travel and does not meet any reasonable road standard.
As someone that depends upon the City’s rights in this matter, I would like the City to resolve this situation by any means necessary, including directly enforcing the property owner’s responsibility for maintenance or continuing to explore collaborative funding.
Ordinarily I am not in favor of using public funds to pay for what should be paid by private funds. While the City has a Public Right-of-Way Easement, and I, along with many others rely on that easement, the maintenance responsibility for the road has always been the property owners as the City did not accept the road (Chapter 24.29.010).
There are mitigating factors that might affect the use of public funds. The “value” of these should be determined and used in determining the Denominator further below as failure to address may cost the public – i.e. consider each as a potential liability. (see 5 below)
SDD seems to be in an environmentally sensitive zone proximal to both canyons and wetlands.
The pending undergrounding project will involve trenching and appropriate repair with costs to SDD Road.
It would be negligent not to consider these projects together.
Crest Canyon’s fire risk is of high concern to all of Del Mar and ease of access by Fire, EMT is a must.
Public Users of SDD suffer because of the private road’s condition, and unlike SDD owners (or the City) have no way to compel road maintenance.
SDD is between two public roads.
Was SDD considered for dedication at the conclusion of initial development? Storm Water from Publicly owned and maintained Oribia drains onto Private Oribia damaging privately owned property including the road and its adjacent landscaping.
Efforts to obtain the necessary funds from property owners have failed.
A privately funded repair of SDD is unlikely to meet standards that would improve the Safety for the Del Mar community.
However, even with the very best intentions and great efforts by the City Staff and members of the Community the MBI Study thus far seems woefully inadequate, the deliverables not met, and most notably, we are still not informed of the standard to which the road must be built or any exceptions possible. For example, we do not know if the road would be classed as a Rural Residential Road, a Residential Road, Hillside Residential, etc. assuming it is a Non-Mobility Element Road. Yet road designs were presented at the recent public meeting. In no form did the proposed road designs meet the City’s standards or intent as to maintaining the unique residential environment of Del Mar. After almost 1 year of work and $65k of taxpayers funding the MBI presentation was remarkably deficient. Accordingly, I wholeheartedly endorse the City Staff’s decision to delay the presentation to the Council until September.
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Prior to agreeing to spend ANY additional funds it is my strong recommendation to step back and determine the critical path questions and answers to resolving this problem. This can and should be determined prior to the September Meeting:
1. Make MBI satisfy their Phase I deliverables especially the determination of a road that meets Del Mar Standards and Policies.
2. We have a good enough range for the numerator of our fundamental equation – the cost of the road.
Call it $1 - $2M.
3. We need the denominator and who is each party responsible for funding so we can determine their relative willingness to fund.
4. The denominator is made up of private funding, public funding, and measure Q.
5. We need to determine the value of the mitigating factors, acknowledging each (and any others) determine a probability and expected outcome. For example purposes only, if road damage is thought to be $500k, and the probability of proving it is 50/50, use $250k additional to the City’s portion.
6. What specific parties make up each of those groups? This should be determined by our legal counsel not an outside consultant. This identification should be made public pursuant to 54956.8.
7. The Measure Q amount is known or should be able to be estimated.
8. The amount to be contributed from public and private funding considering the mitigating factors seems to be a negotiation with differing points of view and capacity along with willingness and/or responsibility to fund.
With these critical path variables determined or at least estimated within a reasonable range, additional public discussions would be more fruitful, and we can determine if:
1. Is there a road standard that will meet primary stakeholders standards: SDD, City of Del Mar and San Diego and how much does it cost? (Numerator)
2. Who specifically would be required for funding and will they agree to their estimated funding range? (Denominator)
3. What are the expected outcomes associated with the mitigating factors that would adjust the group funding in the Denominator?
4. Is there an individual or group of individuals that can constructively stop this project? Under what conditions, if any, would the City force and potentially litigate the issue? Staff and the neighborhood have been working together because due to the Undergrounding, and other mitigating factors raised above, we are in a unique situation to help multiple stakeholders solve a long-term problem in a costeffective manner. That sounds like a role for the City, so I’m in favor of the use of Public Funds.
However, let’s not spend any more money until we have these critical numbers ranged and fundamental questions quickly asked and answered.
Sincerely,
Tate Scott
1200 Oribia Rd (Private Oribia)
Del Mar
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