Agenda, first session — Del Mar City Council, April 15, 2024

Del Mar City Council Meeting Agenda
Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
April 15, 2024 City Council Meeting

INFORMATION RECEIVED

AFTER THE COUNCIL AGENDA

WAS DISTRIBUTED
(“Red Dots”)
1 Melinda Gould
From: Brad Walters <[email protected]>
Sent: Friday, April 12, 2024 10:14 AM
To: City Clerk Mail Box
Subject: Red Dot on item 6 (TPAC work plan)
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Dear Council,
Regarding TPAC's amended work plan for FY 2024-25:

In addition to the proposed improvements along Camino Del Mar, I hope consideration can be given to adding a painted zebra crosswalk across 4th St. at Stratford Ct. when that intersection is repaved later this year as part of the power line undergrounding.

Why: Drivers coming down the hill on 4th St. often make the wide right turn onto Stratford without so much as slowing down, and sight lines are extremely limited due to the high privacy hedge at that corner. A crosswalk can at least serve as a visual cue to drivers that, hey, there might be pedestrians present, so I might actually need to come to a full stop at this stop sign.

Since the stop lines will have to be repainted anyway, why not take this opportunity? I can't fathom any negative consequences; plenty of residential crossings west of CDM (including Stratford at 9th) already have crosswalks in place. And ADA ramps are already in place as well.

I realize such a change can't be authorized at Council today, but my work schedule precludes me from attending either this meeting or TPAC later in the week, so I'm using this letter as a means to get my request officially on the record. Ideally such a minor addition could be OK'd on a staff level without the need for much (if any) future Council or committee deliberation.

Best,
Brad Walters
Stratford Ct.

April 15, 2024 Item 06
2 Above: Photo of the intersection as it stands now (via Google); requested crosswalk would be in the foreground. Existing tall hedge is on the right and ADA ramps are already in place on both sides.

April 15, 2024 Item 06
April 15, 2024 Item 11
1 Evy Escalante
From: Caitlin Rae <[email protected]>
Sent: Monday, April 15, 2024 11:28 AM
To: City Clerk Mail Box
Cc: Maris Laipenieks
Subject: Red Dot Agenda Item #11
Follow Up Flag: Follow up
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Dear City Council,
Thank you for the opportunity to submit my thoughts on the proposed formafion of the assessment district on San Dieguito Drive.

I appreciate the City's willingness to fix this longstanding issue for the benefit of the residents of Del Mar including those on SDD and Oribia. In evaluafing this issue, I have found some commonality between the City and Oribia residents. We are literally between a rock and a hard place created by the SDD's residents' inability to fix their street. For many many years, the residents on SDD have been trying to figure out a collecfive way to fix SDD. I am a newer resident on Oribia Road and so I'm not as familiar with the history of those residents working together or against each other or with the city or against the city to make SDD a driveable street. Based on the survey results, the SDD residents seem to be in favor of an assessment district which includes public and private Oribia residents. The agenda item contains a fair assessment of all of the concerns amongst the residents. Some of the residents on Oribia are in favor of the assessment district because they have witnessed the long history of inacfion and will pay the exorbitant fee just to have the road fixed.

While we would like the road to be fixed, we oppose the assessment district as currently proposed for the following reasons: 1) as an Oribia resident, it is unfair for me to pay to fix SDD 2) the current proposal to include Oribia residents in the assessment district is not legally supportable. (I will propose some solufions in the following paragraphs).

First, not be overally dramafic, but I feel like Oribia residents are being held hostage and will be forced to pay a "ransom" just to exit their homes via SDD. As a reminder, SDD is a private road. Each residents owns a porfion of the road in front of their residence. Just as I own the porfion of Oribia in front of my house, each resident has a legal obligafion to maintain the road in a safe driving or walking condifion. I am not asking SDD residents to contribute to the maintenance of Oribia. For those reasons, I think the proposed assessment district including Oribia residents is unfair because I can vote no and sfill be compelled to pay for someone else's inacfion and negligence. That said, I am a good neighbor and I could choose to contribute to the repair of SDD or it's maintenance as a regular user but I shouldn't be compelled to. To have to pay $423 a year over 20 years to exit my home via a public street screams insanity. No other resident of Del Mar is specifically "taxed" to use the public roads. Some could argue this amounts to an illegal ad valorem tax. (As an aside, there are two different figures floated in the agenda item-$423 over 20 years or $7192 for Oribia residents. This must be corrected before the Council votes!!!)
Second, the engineering report and proposed assessment district is flawed. It is quite clear the engineering report took the esfimated cost of the project and then tried to make up "general" and "specific" benefits as an aftempt to gage how much the residents are willing to pay. This is clear error. Oribia residents should not be included in the assessment district because there are NO special benefits granted to them by improving the condifion of SDD. SDD residents already have ingress and egress via SDD. The condifion of SDD is not a special benefit to Oribia residents because it does not April 15, 2024 Item 11
2 change the fact that we already can use the road to reach our homes. If anything, the condifion of SDD is a specific benefit to SDD residents because they get a beaufiful new road abufting their property (some even get new driveways.) The improved condifion of SDD is a general benefit to the public and Oribia residents to drive or walk on that road including hikers, birdwatchers, newspaper deliverers, Amazon drivers, USPS, etc. Just because some folks use the road more than others does not mean they should have to pay a "toll" or "tax" to drive on the road.

Next, the arficulated special benefit of fire safety to jusfify including Oribia residents is flawed. Fire safety is a general benefit to Oribia residents and the rest of Del Mar. There is no evidence contained in the engineering report from our local fire stafion or fire captain that supports the nofion that an improved road will improve fire fighfing response fimes or evacuafion. This asserfion has been conjured up by the engineer. Has there been a study of response fimes on SDD or Oribia in its current condifion? No. Fire safety may be a special benefit to the SDD residents because a fire truck can be closer to an SDD home if it were on fire. But the only arficulated specific benefit for Oribia residents was that fire trucks could go faster on SDD to reach a fire up the hill. If that were the logic, then the City should remove the speed bumps along SDD abufting the lagoon so that all of SDD, Oribia and Racetrack Drive residents can be evacuated faster. Fire safety is a general benefit to everyone and an obligafion to the public. Fire trucks and ambulances deal with hazards on the streets all of the fime, and I've never heard of a fire department charging its residents because a car was parked in their way.

Proposed solufions: There is a way to come to an agreement where all parfies will agree. The proposed improvements to SDD contain many general benefits to the City to support an increase in the percentage the city takes on for this project. The City can easily jusfify paying for 85-90% of the project (even if Oribia were included, although I sfill believe that is illegal but would support an increase contribufion on behalf of the city). The general benefits to the City are great and will pay dividends in the end.

They include: befter access to the Crest Canyon for walkers, hikers, and birdwatchers. You would need to live in the neighborhood to know on any given morning there are a handful of bird watchers at the corner of SDD and public Oribia looking for a rare sparrow. With the lagoon path to be built soon, more and more residents will enjoy SDD as an alternate route on the Crest Canyon loop. Especially seeing as Crest Canyon has some drainage issues in the rainy months, many will prefer to walk on the road once it is in befter condifion.

More importantly, the improvements made to the storm drains including the filters fulfill the City's obligafion to ensure clean stormwater runoff. If the assessment district was not formed and SDD remained a private road, the City would only be able to fix the storm drain across from SDD into the lagoon (the one that is crumbling right now) and would not be able to install addifional filtered drains. Stormwater is a huge statewide issue and the ability for the city to have that control on SDD furthers its efforts in cleansing our lagoon and ocean. I propose the City cover all of the cost of the project except for $200,000 to be split amongst the SDD residents. That would surely past. In the alternafive, I would even vote for the assessment district to include Oribia if the $200k was divided by all of the residents in the same fashion it is now. This would mean the city would take on $200k more. I do not believe this is a gift of public funds as it can easily be jusfified by the general benefits as explained above.

In sum, we moved to Del Mar a few years ago and have loved it every day. We are concerned cifizens who share the vision and ideals of the City Council. Del Mar's worth is not in the houses with beaufiful ocean views, but in how it treats its cifizens. I would happily volunteer for any cifizen commiftee to promote Del Mar and all it has to offer rather than be included in the assessment district. Not all Del Marfians are in the same financial situafion. We work hard everyday in order to live where we live. Our son is off to college in the fall and we are facing addifional costs associated with installing the laterals for the undergounding SDGE project. To be compelled to pay an extra $7 or 8k (again the cost is unclear) whether it be up front or over 20 years is unreasonable and unfair.

Thank you for taking the fime to consider our comments.

Sincerely,
Caitlin and Maris Laipenieks
April 15, 2024 Item 11
1 Melinda Gould
From: Tate Scott <[email protected]>
Sent: Friday, April 12, 2024 3:45 AM
To: City Clerk Mail Box
Subject: Item #11
Follow Up Flag: Follow up
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With regards to Item #11.

Dear Mayor Druker and City Council Members,
Please vote no or table the proposed San Dieguito Drive (“SDD”) Special Assessment District.

Consider this scenario: early in the drive along your usual route, you watch a home undergoing significant landscaping renovations – frontage improvement. Shortly after completion, you receive an invoice in your mailbox, demanding payment for a portion of the improvements. The justification? The enhancements purportedly benefit you, enhancing your view and bolstering fire safety through drought-tolerant landscaping, and areas made easier to reach because of brush clearing and placement of DG. You protest, questioning the legitimacy of this demand. The response you receive is unsettling: "The City permitted my neighbors and me to make the decision." Voting yes would set into motion the process whereby 10 of the 14 owners of SDD who are responsible for the maintenance of their private road to unilaterally force other Del Mar Residents, who are not legally responsible, to assume financial responsibility to repair the SDD private road. Or it could begin the process whereby non-SDD owners force SDD owners to assume an unagreed to financial obligation and turn over their private property to the City along with requiring payment from the rest of Del Mar Residents.

The only logical and fair approach is to confine any special assessment district to those who directly own the private road - the SDD residents. If 8 of the 14 SDD owners who have mutual easements and maintenance responsibility wish to establish a district to pay for a road meeting City Road standards or alternatively one meeting lesser standards and not eligible to be transferred to the City, then it passes.

Including in the district other Del Mar Residents, who merely use an easement granted from the City which does not have, as the City repeatedly states, any maintenance responsibility is simply incorrect. Passing off expenses to Del Mar’s Oribia Residents who merely use their easement rights from the City without maintenance responsibility and reducing their right to vote through an engineer’s report tailored to “willingness to pay” thresholds just compound the error and sow neighborhood divisiveness. I respectfully request you to consider it does not faithfully represent all Del Mar Residents nor adhere to a reasonable standard of practice for ethical transparency and authenticity. And given the fact pattern, claiming post-facto, “Well, residents voted for it” might not absolve one of those responsibilities either.

Please represent all Del Mar residents and vote to assist in the formation of a SDD Only Special Assessment District for whatever level of road SDD residents wish (thereby providing an excellent community service) and vote April 15, 2024 Item 11
2 NO to a process that would enable just 10 SDD owners to force Del Mar Residents including Del Mar’s Oribia based residents who are not legally responsible to pay; or for non-SDD owners to force SDD owners to assume an unagreed to financial obligation and turn over their property to the City along with requiring payment from the rest of Del Mar Residents.

Sincerely,
W. Tate Scott
1200 Oribia Rd
Del Mar, CA 92014
/wts
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April 15, 2024 Item 11
City of Del Mar
Memorandum
________________________________________________________________________________________________________ TO: Honorable Mayor and City Council Members
From: Martin Boyd, Project Manager II
Joe Bride, Public Works Director
Via Ashley Jones, City Manager
DATE: April 12, 2024
SUBJECT: Red Dot for Item 11: San Dieguito Drive Improvements Project Update, Engineer’s Report Related to Project Benefits, and Proposition 218 Resolutions
Item 11 on the April 15, 2024, City Council agenda is related to the San Dieguito Drive Improvements Project which includes a project update, Engineer’s Report, and recommends adoption of Proposition 218 Resolutions. There are two administrative corrections to the agenda report and a resolution that need to be amended for the record prior to City Council authorization.
1) The first correction is to the agenda report in the fifth paragraph (pg. 7) under “SCI Engineering Report”. The following sentence needs to be amended as shown below in red consistent with the Engineer’s Report:
“The resulting contribution by San Dieguito Drive (Zone A) and Oribia Road (Zone B) property owners’ would be $16,924.40 $11,847 and $8,462.20 $7,193 per property, respectively.”
Note, all fourteen San Dieguito Drive (Zone A) and all seventeen Oribia Road (Zone B) property owner’s pay $11,847 and $7,193 per year combined, respectively. 2) The second correction is to the Attachment A Resolution. The fourth recital (pg. 1) is to be amended as follows in red:
“WHEREAS, San Dieguito Drive and a portion of Oribia Road are currently not part of the public street system or maintained by the City; and” Note, a portion of Oribia Road is currently part of the public street system.

April 15, 2024 Item 11
1 Evy Escalante
From: Ann Williamson <[email protected]>
Sent: Saturday, April 13, 2024 9:40 AM
To: City Clerk Mail Box
Subject: Red Dot April 15 Agenda Item 11
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Dear City Clerk and City Council Members:

I strongly urge you to vote YES on adopting a resolution to provide the intention of levying assessments for 2024-2025 and mailing assessment ballots for the San Dieguito Drive Improvement District. We do not live on private San Dieguito, but since that street is our only means of accessing our property, we depend on a safe San Dieguito Drive for everyday transportation as well as for emergency vehicle access. We are happy to pay our share of the assessment district fees as determined by the SCI Consulting Group according to California law.

There will always be someone to quibble with the details, but the district is a good plan and I urge you to keep this moving with a YES vote on Item 11.

Thank you very much.
—Ann Williamson
1352 Oribia Rd
April 15, 2024 Item 11
1 Evy Escalante
From: Scott Wilson <[email protected]>
Sent: Saturday, April 13, 2024 10:31 AM
To: City Clerk Mail Box
Subject: Red Dot April 15 Agenda Item 11
Follow Up Flag: Follow up
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Dear City Clerk and City Council Members:

There will always be someone to quibble with the details, but the district is a good plan and I urge you to keep this moving with a YES vote on Item 11.

Thank you very much.

Scott Wilson
1450 Oribia Rd
Sent from Gmail Mobile
April 15, 2024 Item 11
1 Evy Escalante
From: S. Gill Williamson <[email protected]>
Sent: Saturday, April 13, 2024 10:41 AM
To: City Clerk Mail Box
Subject: RED DOT Item 11 April 15
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Dear City Clerk and Council Members
We are longtime residents of the City owned Orbia Road. Our access to our home is only via San Dieguito Drive. We would be delighted to pay our share of the SCI Consulting Group's determined assessment district fees.

We have had numerous close calls driving the too narrow increasingly busy rut ridden San Dieguito Drive. A YES on Agenda Item 11 is literally a matter of life or death.

Thank you,
Gill WIlliamson
1352 Oribia Road.

April 15, 2024 Item 11
1 Evy Escalante
From: becky beckywalkerinc.com <[email protected]> Sent: Saturday, April 13, 2024 1:08 PM
To: City Clerk Mail Box
Cc: Terry Gaasterland; David Druker; Tracy Martinez; Dan Quirk; Dwight Worden Subject: RED DOT LETTER - Item # 11
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Dear City Clerk and City Council Members:

There will always be someone to quibble with the details, but the district is a good plan and I urge you to keep this moving with a YES vote on Item 11.

Thank you very much.

Rebecca Walker
1440 Oribia Rd.

Del Mar, CA 92014
[email protected]
(619) 884-6095
April 15, 2024 Item 11
1 Evy Escalante
From: wade walker <[email protected]>
Sent: Saturday, April 13, 2024 2:03 PM
To: City Clerk Mail Box
Cc: Terry Gaasterland; David Druker; Dan Quirk; Tracy Martinez; Dwight Worden Subject: Red Dot Letter - Item # 11
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Dear City Clerk and City Council Members:

Please vote YES on adopting a resolution to provide the intention of levying assessments for 2024-2025 and mailing assessment ballots for the San Dieguito Drive Improvement District. We live on public Oribia Road but we are dependent on private San Dieguito as the only means of access for us and the emergency and public services required by all residents of the City. Since we are at present unable to compel a fair distribution of the costs of road maintenance, we are witnessing the continued degradation of our only route to the outside.

We are willing to pay our share of the assessment district as determined by the SCI Consulting Group according to California law.

Our situation pits the private San Dieguito Drive residents against the Oribia Road residents with no mechanism to resolve the cost sharing. The plan proposed by the City is fair and necessary, and I urge a YES vote on Item 11
Thank you,
wade walker
1440 Oribia Road
Del Mar, CA 92014
[email protected]
619 719 7763
April 15, 2024 Item 11
2 April 15, 2024 Item 11
1 Evy Escalante
From: Julie Korsmeyer <[email protected]>
Sent: Saturday, April 13, 2024 6:37 PM
To: City Clerk Mail Box
Subject: Assessment District SanDieguito Drive
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Sent from my iPad
April 15th, 2024
I, the undersigned residents of Crest Canyon in the City of Del Mar, ask the Del Mar City Council to approve the following resolutions regarding the San Dieguito Drive Improvements Project :
 Adopt a Resolution Providing Intention to Levy Assessments for Fiscal Year 2024-25, Preliminarily Approving the Engineer’s Report, Providing for the Notice of Hearing, and the Mailing of Assessment Ballots for the San Dieguito Drive Improvement District; and  Adopt a Resolution Adopting Procedures for the Proposition 218 Assessment Ballot Proceedings for the San Dieguito Drive Improvement District.

I acknowledge that public safety is the highest priority in this matter before the Council and we must move forward with repairing this road on a timeline that aligns with the undergrounding of utilities in this neighborhood.

Sincerely,
Julie Korsmeyer
1230 Oribia Road
April 15, 2024 Item 11
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1 Evy Escalante
From: [email protected]
Sent: Sunday, April 14, 2024 8:04 PM
To: City Clerk Mail Box
Cc: Terry TG. Gaasterland; Tracy Martinez; [email protected]; David Druker; Dwight Worden
Subject: Red Dot - City Council Agenda Item 11 - 15 Apr 2024 Follow Up Flag: Follow up
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I, the undersigned resident of Crest Canyon in the City of Del Mar, ask the Del Mar City Council to approve the following resolutions regarding the San Dieguito Drive Improvements Project :
 Adopt a Resolution Providing Intention to Levy Assessments for Fiscal Year 2024-25, Preliminarily Approving the Engineer’s Report, Providing for the Notice of Hearing, and the Mailing of Assessment Ballots for the San Dieguito Drive Improvement District; and  Adopt a Resolution Adopting Procedures for the Proposition 218 Assessment Ballot Proceedings for the San Dieguito Drive Improvement District.

Sincerely,
Amy Cheshire
1561 San Dieguito Drive
April 15, 2024 Item 11
April 15, 2024 Item 11
1 Evy Escalante
From: Kay Geiserman <[email protected]>
Sent: Monday, April 15, 2024 7:01 AM
To: City Clerk Mail Box
Subject: red dot
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Dear City Clerk,
I am asking you to vote YES on a resolution to assessments for 2024-2025 and mailing voting ballots. I ,also, don't live on private San Dieguito dr. but I am happy to pay my share of the assessment district fees.

Thank you,
Kay Geiserman
1426 Oribia Rd.
--
Kay Geiserman
[email protected]
561-289-3512
April 15, 2024 Item 11
1 Sarah Krietor
From: Beth Westburg <[email protected]>
Sent: Monday, April 15, 2024 9:32 AM
To: City Clerk Mail Box; Ashley Jones
Subject: Fw: San Dieguito Drive Improvements Project - City Council vote on April 15th Update Attachments: San Dieguito Improvements.pdf
Follow Up Flag: Follow up
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Not sure if Ryan sent this to you.
----- Forwarded Message -----
From: Ryan McFarland <[email protected]>
To: Beth Westburg <[email protected]>
Sent: Monday, April 15, 2024 at 08:44:28 AM PDT
Subject: Re: San Dieguito Drive Improvements Project - City Council vote on April 15th Update Hi Beth,
Thanks for all your hard work on this project. Hopefully the council pushes this through. After meeting with Martin last week the neighbors should feel pretty good with the layout the city has proposed.

Ryan McFarland
1569 San Dieguito
On Sun, Apr 14, 2024 at 6:05 PM Beth Westburg <[email protected]> wrote:

Hi Neighbors:

Amy and I enjoyed walking the neighborhood and reconnecting with the neighbors. Your homes and gardens are beautiful. Thank you to those of you that signed a red dot letter in support of this project.

We have received overwhelming positive support from the neighbors. We started this project in 2017 and it looks like we are nearing the finish line.

If you have not yet signed the letter (below and attached) to show your support for the San Dieguito Drive Improvements Project, please do one of the following:

1. Send a red dot the city by Monday, April 15th at noon. [email protected].

2. Stop by my house and sign the form. It is on my front porch.

3. Sign the attached form and email to city clerk or to me.

Thank you so much and I look forward to completing this project.

April 15, 2024 Item 11
2 Any questions, Please contact me or Amy.

Beth

April 15th, 2024
I/We, the undersigned resident(s) of Crest Canyon in the City of Del Mar, ask the Del Mar City Council to approve the following resolutions regarding the San Dieguito Drive Improvements Project :
 Adopt a Resolution Providing Intention to Levy Assessments for Fiscal Year 2024-25, Preliminarily Approving the Engineer’s Report, Providing for the Notice of Hearing, and the Mailing of Assessment Ballots for the San Dieguito Drive Improvement District; and  Adopt a Resolution Adopting Procedures for the Proposition 218 Assessment Ballot Proceedings for the San Dieguito Drive Improvement District.

Sincerely,
April 15, 2024 Item 11
April 15, 2024 Item 11
1 Sarah Krietor
From: wade walker <[email protected]>
Sent: Monday, April 15, 2024 9:47 AM
To: City Clerk Mail Box
Cc: Terry Gaasterland; David Winkler; Dwight Worden; Tracy Martinez; Dan Quirk Subject: Fwd: San dieguito improvement
Attachments: CamScanner 04-15-2024 09.31.pdf
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Clerk and City Council,
Please note and file the letter below from the owners of 1522 Oribia Road, who live out of the area currently, in support of the proposed San Dieguito Drive improvement project. wade walker
[email protected]
Begin forwarded message:

From: Nubia Calle <[email protected]>
Subject: San dieguito improvement
Date: April 15, 2024 at 9:34:59 AM PDT
To: [email protected]
Good morning Wade,
This is the letter we signed,
Thank you
Nubia
April 15, 2024 Item 11
April 15, 2024 Item 11
1 Sarah Krietor
From: Beth Westburg <[email protected]>
Sent: Monday, April 15, 2024 9:59 AM
To: City Clerk Mail Box; Ashley Jones
Subject: Red dot: 4 15 2024 agenda Item: 11: San Dieguito Drive Improvements Project Attachments: CCF_000126.pdf
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I have one more!
Thanks,
Beth
April 15, 2024 Item 11
April 15, 2024 Item 11
1 Evy Escalante
From: Larry Krystkowiak <[email protected]>
Sent: Sunday, April 14, 2024 7:22 PM
To: City Clerk Mail Box
Subject: Censure?
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My wife Jan and I are adamantly opposed to your recent censure of Dan. I’m happy Dan is involved and shedding light on a system that seems broken. It’s an embarrassment to attempt to silence a council member and should be rescinded asap. Keep telling it like it is Dan and others need to stay in their lane Larry and Jan Krystkowiak
151 23rd st
Dm
8012321041
April 15, 2024 Item 12
To: Del Mar City Council and the Residents of Del Mar
4-15-2024
Re: Item #12 Investigation and Censure
This investigation and discussion to censure Council Member Quirk is illegitimate and unethical.

It is a politically and personally motivated attack by the other council members (Martinez, Druker, Worden, Gaastraland) that seeks to shift attention away from the many large problems & threats facing Del Mar.

Just this past December, these same 4 council members had previously voted to censure Council Member Quirk regarding his clearly researched and articulated statements calling out SANDAG’s misleading and fraudulent claims meant to justify a destructive tunnel through the middle of Del Mar. But that similarly illegitimate and politically motivated censure has demonstrated the other council members’ poor judgment, malicious behavior and basic inability to understand major problems that will impact all Del Mar residents. Due in part to the efforts of Council Member Quirk, SANDAG is now being investigated by the FBI, the CFO resigned, a whistleblower lawsuit has been filed and the SANDAG auditor has released a scathing report describing SANDAG’s financials as unreliable.

This 2nd proposed censure and investigation doubles down and repeats the bad behavior of the first censure but the focus here is on the problems of major cost increases, major delays and lack of transparency regarding many of our public works projects. Like his excellent work on SANDAG tunnel problems, Council member Quirk has been asking questions in order to identify and prevent avoidable mistakes that have been made. The facts of these problems clearly speak for themselves, most tellingly the fact that the City has buried almost no utility lines in 7+ years despite collecting over $20+ million in Measure Q funds.

Instead of working to actually fix the problems, this council is instead focused on trying to find someone else to blame, namely the person who has been calling attention to these problems.

Del Mar residents deserve so much better out of their elected representatives.

There is no merit to the investigation and allegations and I know that Del Mar residents are clear sighted enough to see through this cheap politically motivated tactic. Council Member Quirk is a dedicated public servant and spends countless hours researching issues, communicating with residents and advocating for the priorities of Del Mar residents.

Sincerely,
Steve Quirk
23rd St
April 15, 2024 Item 12
1 Evy Escalante
From: [email protected]
Sent: Monday, April 15, 2024 8:59 AM
To: City Clerk Mail Box
Cc: Terry TG. Gaasterland; Tracy Martinez; [email protected]; David Druker; Dwight Worden
Subject: Red Dot - Del Mar City Council Agenda Item 12 - 15 Apr 2024 Follow Up Flag: Follow up
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To the Del Mar City Council Members:

On, July 18th, 2023, I emailed each of my City Council members individually and asked each of them to call me because I thought the San Dieguito Drive (SDD) Improvements Project should be added to the agenda for the July 24th, 2023 City Council meeting. There was a closed session discussion scheduled for that date but the open discussion has been cancelled after a poorly received rollout of the Preliminary Engineering Assessment on July 13th. I thought the residents needed to share their questions and concerns about the Preliminary Engineering Assessment with the entire City Council in order to stay on track with the timeline to coordinate with Utility Undergrounding.

Dan Quirk called me on July 21st and we had a great conversation for almost an hour and a half. I enjoy talking to Dan. I think this is in part because there are some similarities in how our brains work. He is very interested in efficiency and sensible decision-making when it comes to City services provided to the community. He has creative ideas about how to get things done in Del Mar. That’s why I voted for him to represent me on the City Council.

I’m sure we talked about SDD and utility undergrounding and the railroad tracks during this conversation. I think the main reason he called was because he empathized with my frustration over how long it was taking to see a reasonable design for SDD and he was being supportive.

After the closed session on July 24th, Dan called me and spoke with me for sixteen minutes. I know he expressed his frustration again that council members and residents didn’t have the opportunity to ask questions in open session that evening. After our conversation, I remember feeling more optimistic that the City Council would continue to move forward with our project in part because Dan seemed to care so much about it. Dan April 15, 2024 Item 12
2 didn’t share any Closed Session details with me. He was reassuring me in the most general terms that he thought the project would eventually get done but that he shared my frustration at the slow progress and cost. I called my neighbor Beth Westburg to tell her that I was feeling more hopeful after talking to Dan.

I was grateful to Dan for being responsive to my request for a phone conversation before the meeting and for following up with me after the meeting. I have never felt bullied or stressed out by any conversations I’ve had with Dan. On the contrary, I’ve always been glad to have conversations with him because he listens respectfully to my opinions, and I always learn something useful. We sometimes disagree and then we have spirited but respectful debates.

I hope you will take my personal experience and sworn statement into consideration when making your decision on how to vote on this matter.

Thank you.

Amy Cheshire
April 15, 2024 Item 12
1 Evy Escalante
From: Peter Cramton <[email protected]>
Sent: Saturday, April 13, 2024 11:20 AM
To: City Clerk Mail Box; Dave Druker; Tracy Martinez; Terry Gaasterland; Dwight WordenPrivate; Dan Quirk Subject: Item 12, Council Meeting 15 April
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To: Honorable Mayor and City Council Members
From: Peter Cramton, 901 Highland Ave, Del Mar, CA 92014 Date: 13 April 2024
Subject: Item #12, Council Consideration to Censure Council Member Daniel Quirk for Personal Violations of the Brown Act, City Council Policies, Del Mar Municipal Code, and Related Misconduct I urge Mayor Dave Druker and Councilmember Tracy Martinez to withdraw Item 12 from the agenda. Barring withdrawal, I urge Councilmembers to vote against censure.

Councilmember Dan Quirk is an outspoken advocate on issues he believes in. He tends to ruffle many feathers. I am sure this is annoying to many at times. It also is a reasonable mode of expression. Councilmember Quirk is tireless in seeking facts to determine whether our Del Mar budget is spent wisely. He and I disagree about many spending decisions, but I respect his views. Gathering these facts is costly, but it also has benefits. It is hard for any of us to gauge how to optimally navigate the desire for more information. Councilmember Quirk errs on the side of too much information, which is perhaps a reasonable bias to have when spending public funds.

I know little of the facts of this matter. I, however, believe the Council's time could be better spent on more substantive matters than another censure of Councilmember Quirk. I urge the Council to focus on these critical matters: 1) the preservation of our beach, 2) the avoidance of further train destruction, 3) the development of affordable housing, and 4) any needed adjustments to building rules between 11th and 15th Street.

As with the prior censure, the request for censure appears to be a means to get the Council to speak with one voice on issues. Some believe that speaking with one voice will have a greater impact. I disagree. Like a university, Del Mar consists of thousands of voices. We do not all agree on complex issues. That is good. Del Mar should strive to promote knowledge (the Del Mar Foundation is an example of Del Mar's positive efforts). Open civil debate is much more effective in the pursuit of knowledge.

Please withdraw the censure item. It is unwise.

I thank you all for your public service in making Del Mar as good as it can be.

Kind regards,
Peter
Peter Cramton
April 15, 2024 Item 12
2 [email protected] cramton.umd.edu +1 530 408 6698
University of Maryland
April 15, 2024 Item 12
1 Evy Escalante
From: Jas Grewal <[email protected]>
Sent: Sunday, April 14, 2024 3:12 PM
To: City Clerk Mail Box
Subject: RED DOT: Censure of Dan Quirk - Item 12
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Dear Council Members,
It is with a great deal of sadness that I write to you today. I have just returned from a trip to settle my parent's estate to learn about what is going on in our fair City.

After digesting the details disclosed by an INDEPENDENT INVESTIGATOR about council member Dan Quirk, whom I
have supported based on his commitment to maintaining the character of our town against development, I am truly in shock.

Knowing all five council members and understanding their values and commitment to this town, I know in my heart
that this Council had no choice but to take on the very difficult task - not because of political considerations but out of genuine concern to manage the situation caused by Mr.

Quirk over many issues and to do what is in the best interest of the City - painful as it is to all council members.

Upon reading the most negative communication from Mr.

Quirk today that I have ever seen in this town, I was greatly disappointed. I guess it is understandable when someone is desperate, they lash out with anything they think can
April 15, 2024 Item 12
2 change public opinion. Unfortunately, making outrageous accusations is often deployed as a tactic knowing sound bites matter with busy people. However, we live in a town full of educated people who are fair minded from all walks of life and they can certainly tell the difference between facts and a smokescreen. I would have been more impressed if Mr.

Quirk's communication had put a link to the independent investigator's report or at least to the summary so that people could understand why the independent investigation was done, what it uncovered and then, if he had actually addressed the specific issues that were identified to give any reader a balanced perspective instead of using the catch all "politically motivated", ranting, and then implying as if he is the only council member that does anything for this town!!! As a 33 year resident who tries to be objective, who wants the best for our City, who supports the excellent work our City Manager does, I am offended by angry accusations and finger-pointing. In life we are all accountable for our conduct, personally, professionally and especially in the public domain. I urge you to listen to your conscience and based on facts presented to you by an independent
investigation, make the difficult decision.

Jas Grewal
Resident,
11th Street, Del Mar
April 15, 2024 Item 12
1 Evy Escalante
From: Candace Sears <[email protected]>
Sent: Sunday, April 14, 2024 5:21 PM
To: City Clerk Mail Box
Cc: Dan Quirk
Subject: Del Mar issues
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Del Mar City Council,
As long time residents of Del Mar we support Dan Quirk and heartily oppose his censure. He is the voice of reason in all matters pertaining to Del Mar, especially with Sandag, a corrupt organization which cares nothing for the citizens of Del Mar. More of our councilmen and women should get on board and think and act as wisely as Dan does.

Candace and Cody Sears
Candace Leeds-Sears
Broker Associate
619.980.4125
[email protected]
www.surfandturfproperties.com
16909 Via De Santa Fe, Suite 100
P.O. Box 941
Rancho Santa Fe CA 92067
DRE#: 00638662
April 15, 2024 Item 12
1 Sarah Krietor
From: Kerridge, Carol <[email protected]>
Sent: Monday, April 15, 2024 10:23 AM
To: City Clerk Mail Box
Subject: RED DOT Item #12
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Dear City Council Members,
It is with great concern that I am writing to you regarding Item #12, the discussion of censoring Councilmember Dan Quirk once again.

I investigated more information about the "Del Mar City Council and City Manager Guiding Principles" that were discussed and voted on back on
Sep 7th of 2021. These standards clearly defined the roles of the City Council and City Manager and were voted on unanimously by the entire City Council, including Councilmember, Dan Quirk.

I surely understand his frustration with the Brown Act requirements, for this act seems to me to slow down the decision making process. But in slowing down the process, it seems to me to provide more time for discussion of all options...a true requirement of a highly functioning democracy. I understand fully how important the Brown Act has become in our town as we are now faced with major challenges and need to listen to all of the varied options of resolving these challenges, make decisions only after we have given each option thorough consideration, and work together to find solutions. I believe the Brown Act helps us avoid power struggles. I don't understand why Councilmember Quirk has violated the Brown Act.

It's a shame too that evidence has shown that Councilmember Dan has leaked information from Closed Sessions. I don't know what he was thinking and why, or the dynamics that occurred, but to me that is a huge legal violation and should be resolved seriously.

Perhaps Councilmember Dan has skipped over these processes thinking that his opinion has more validity...I don't know what he was thinking...but he must follow the rules as stated in the Guiding Principles that he voted on back in 2021, along with the legal requirements he vowed to as he accepted the role of being a City Councilmember of our City of Del Mar.

Sincerely,
Carol Kerridge
April 15, 2024 Item 12
1 Sarah Krietor
From: Sherryl Parks <[email protected]>
Sent: Monday, April 15, 2024 12:53 PM
To: Sarah Krietor
Subject: Red Dot: Item 12 on 4/15/24 agenda - Censure of Dan Quirk 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.

Honorable City Council:

Quick points about your vote to censure Dan Quirk.
1). Del Mar is the smallest city in San Diego and we have worked hard, diplomatically with Sandag staff and co-elected officials to have a voice at Sandag. We have had two Executive Chairs elected during my years in Del Mar (Elliot Parks and Terry Sinnott) which is an honor as well as adding some political standing for our small city.

It has grieved me to see, Dan Quirk call out Sandag as if it is the enemy. He has earned a reputation, for himself and the City, to be against not for productive problem solving on issues, particularly the placement of new train tracks. 2). Dan puts his own voice into issues not using the principle of representative government. The fact that he raised funds to underground the poles and continued to champion that issue as 'urgent' is not the voice of the people. The election (for that increase in taxes Prop J) included the streetscape projects as well as the development of Shores Park. 3). I have full confidence and respect for Ashley Jones, our City Manager. She held the previous investigation on the topic of Pat Verne and did a thorough job prior to coming to council with the outcomes. To read that Dan has increased her workload and provided divisiveness in the staff has to stop. If this second censure serves to require Dan take stock and change it would be important to do with this opportunity and vote.

Working in Del Mar is pretty attractive...unless there are chronic staffing issues due to lack of coordination of their boss, Ashley and a council person's demands.

Sherryl Parks
858 880 8695
--
Sherryl Parks
April 15, 2024 Item 12

CITY COUNCIL AGENDA QUESTIONS
April 15, 2024
Item 3- Ratification of List of Demands, dated April 15, 2024

1. There's a $19k item on the demands for legal fees for "public safety Insp." This is not listed under the City Attorney’s firm, DPMC --who and what is this for?
Response: This invoice is related to the investigation initiated by the City Council. The contract is being managed by the City Attorney’s Office.

2. There are two items for purchase of a Toyota pickup. Are these duplicates, or did we buy two trucks? I note the check numbers differ.

Response: The City only purchased one vehicle. The City prepared a check based on the purchase amount that was agreed upon months prior to receiving the truck. Once the truck was available and check delivered, Toyota of Escondido indicated that the total cost was $1,111 lower and the City issued a new check for the reduced amount. Included in the List of Demands (page 26) is document that the first check issued to Toyota of Escondido was voided.

Item 5- Award of Construction Contract to Prestige Paving Company, Inc. for the 20th Street Lifeguard Tower Driveway Project

1. Why, if the engineer's estimate for the 20th street paving work was $84,514, is there only $55k in the budget? Has the rest been spent already? Was the $14k for construction management included in the original estimate of $84k? If not, why not? Will the 20th street tower and public access be open during construction?
Response: At the time of the budget process, the preliminary design had not been started yet. All the City had was a 2021 price of $30,000 to install the concrete. The price did not include the final design elements of landscaping, irrigation, removable bollards, and colored concrete. The engineer’s estimate of $84,514 is an estimate for the contractor’s construction contract and does not include an estimate of construction management services. The engineer’s estimate is what staff includes as the opinion of probable cost in the bid documents. The 20th Street tower and public access will be open during construction.

Item 9 – Introduction of Density Bonus Ordinance

1. The draft Ordinance says "If any portion of this Chapter conflicts with State Density Bonus Law or other applicable State law, then State law shall apply. Any ambiguities that may be found in this Chapter shall be interpreted in a manner to be consistent with State Density Bonus Law." Can the City add at the end:

April 15, 2024 Item 3, 5, 9, 10
"...and with the City's certified LCP." The City’s certified LCP provides that interpretations are decided by our PC with appeal to the City council. The City should hang on to this if possible.

Response: The request to add clarifying text to proposed Section 30.90.010 (page 3 of 16 in the Ordinance) can be accommodated. Please note that the DMMC Interpretation Provisions (Section 30.01.020) are not a part of the City’s certified LCP.

2. Section 30.90.040 Application Procedure. Can the City require, or at least encourage, pre application conferences so staff can discuss with applicants what concessions are best suited to the project and will best meet City and LCP requirements? Steering the selection of concessions in advance seems better than having to dispute requested concessions after the application is filed.

Response: The City can encourage applicants to schedule a pre-application conference (i.e., via information on the City’s web page or in guidelines) and this should not be added as a requirement in the Ordinance.

3. Where the draft ordinance says " Except where mixed-use zoning is proposed as a concession or incentive, re..." does this, and following sections of the draft ord., mean an applicant can request a zone change to mixed use as a concession? Or, does it mean that in a mixed-use zone, the applicant can request relief from commercial requirements, or does it mean the applicant can ask for more commercial as a concession, or all or none of these? Response: This question relates to proposed Section 30.90.040(C)(2)(b) (page 5 of 16 in the Ordinance). State DBL explicitly provides for applicants to request mixed use in a project as a concession or incentive.

4. What is meant by an "equity sharing agreement?" Is this to address who gets the appreciation if an owned affordable unit is sold?
Response: Yes. Pursuant to State law, a for-sale unit must only be sold to the initial occupant at an affordable housing cost. At resale, an equity-sharing agreement is required (involving sale of the home at fair market value and sharing of the profits with the City), unless an equity sharing agreement conflicts with the requirements of another public funding source or law. Buyers must enter into an equity sharing agreement with the City, which does not restrict the resale price, but requires the original owner to pay the City a portion of any appreciation received on resale. An equity sharing agreement must provide for the City to recapture the difference between the fair market value of the home at time of sale and the actual sales price to the initial occupants, plus any other assistance provided by the City, as well as a proportionate share of the appreciation. Any amounts received by the City must be used within 5 years to promote homeownership opportunities in the community. (See, Gov. Code § 65915(c)(2).) April 15, 2024 Item 3, 5, 9, 10

5. The draft Ord. says: " Where a density bonus, incentive or concession, waiver or reduction of development standards, or adjusted parking ratio is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the City,..." Does this mean an all-market rate senior project can qualify under DBL? Market rate senior projects in Del Mar are unlikely to be "affordable" under any standard.

Response: This question relates to proposed Section 30.90.070(D) (page 11 of 16 in the Ordinance). State DBL explicitly provides for senior housing projects to receive a density bonus based on age restrictions and without limitation on income level.

6. In a for sale affordable project, are there restrictions on a resale to assure the unit remains affordable? Ditto to assure ongoing qualifications of the owners.

Response: For-sale units are only required to be affordable to the initial occupants of the units. State law does not require term requirements/affordability restrictions on the resale of for-sale units (only for rental units), other than those currently specified in the draft Ordinance (e.g., equity sharing agreement, offering unit to qualified non-profits if no qualified homebuyers, etc.). (See, Gov. Code § 65915(c).)

7. The draft Ord. says "30.90.010 Purpose. The purpose of this Chapter is to implement the State Density Bonus Law (California Government Code Section 65915 et seq., as may be amended from time to time)..." Is the intent that future state law amendments will be deemed automatically incorporated, or will the City still have to update its Ordinance for future state law changes? Response: Yes, the Ordinance implements the current State DBL in effect as incorporated by reference and focuses instead in the procedures to implement State DBL, which allows flexibility and minimizes the future need for amendments.

Item 10- Resolution Approving the Del Mar Projects for Inclusion in the TransNet Local Street Improvement Program of Projects for Fiscal Years 2024-2025 through 2028-2029

1. Can these funds be used for Hoska Alley improvement? Response: Typically, SANDAG/RTIP projects are along major arterials and are those that require SANDAG/RTIP approval. This project would not likely meet the requirements in order to be approved for funding with RTIP funds.

2. Can the funds be used for SD Drive improvements?
Response: Typically, SANDAG/RTIP projects are along major arterials and are those that require SANDAG/RTIP approval. This project would not likely meet the requirements in order to be approved for funding with RTIP funds.

April 15, 2024 Item 3, 5, 9, 10

3. Does Del Mar exact $2,875.06 "for each newly constructed residential housing unit in that jurisdiction (unless exempted under the TransNet Extension Ordinance)"?
Response: Yes.

4. Are affordable projects exempt? Are single family homes exempt? Response: In accordance with Section 9 of the TransNet Ordinance, new residential housing units constructed for extremely low, very-low, low, and moderate income households, as defined in California Health and Safety Code Sections 50105, 50106, 50079.5 and 50093, are exempt from the fee. New single-family units are not exempt from RTCIP fees. The fee is only collected for a new unit that did not previously exist and is not collected for replacement unit(s). So, for example, when an older home in the R1- 10 zone gets demolished and is replaced with a newly constructed residence, the City does not collect the fee. But if a lot in the R2 zone with only one existing home on it goes to the Design Review Board and a new primary dwelling unit is approved and added on the lot, the City would collect the fee when the Building Permit is issued.

April 15, 2024 Item 3, 5, 9, 10

Del Mar City CouncilApril 15, 2024

Del Mar City Council
April 15, 2024