1 Sarah Krietor
From: Greg Rothnem <[email protected]>
Sent: Monday, April 15, 2024 10:53 AM
To: Sarah Krietor; City Clerk Mail Box
Cc: Ashley Jones
Subject: 4.15.2024 Red Dot to CC
Attachments: 4.15.2024 Red Dot to CC.docx
Follow Up Flag: Follow up
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I am submitting the attached Red Dot in connection with tonight’s City Council Closed Session Meeting as well as the Regular Meeting – Public Oral Communications. Please let me know if you have any questions. Thanks.
Greg Rothnem
Greg Rothnem
[email protected]
(858) 449-0575
April 15, 2024 Closed Session Item IIIC
April 15, 2024
Mayor Druker and City Council Members:
I am submitting this Red Dot in connection with the April 15, 2024 City Council Meeting.
Council Member Terry Gaasterland recently stated that Del Mar’s RHNA allocation is double what is should be because Fairgrounds seasonal jobs were included in SANDAG’s jobs number.
Council Member Gaasterland’s comments confirm what we had suspected for years - SANDAG intentionally and wrongfully included a minimum of 2000 jobs when it calculated Del Mar’s RHNA allocation.
So the question is what will the City Council do to correct this action by SANDAG? Brief Recap:
I have made presentations to the City Council in 2019 and 2020. Some key takeaways from those presentations:
#1 SANDAG’S Assurance: When SANDAG’s jobs number was questioned by the City Council almost 4 ½ years ago, SANDAG assured the City Council it would look at Del Mar jobs data and get back to City. As far as I know that has never happened. The fact that SANDAG has refused to be open and transparent re jobs number is inexcusable. To me there is a good reason and real reason that for 4 ½ years SANDAG has not lived up to its commitment which raises serious questions re SANDAG’s conduct.
#2 Del Mar’s Jobs Number: 4 ½ years ago no one knew Del Mar’s true jobs number. The State did not know because EDD data was likely flawed. SANDAG likely did not know because SANDAG’s jobs number was based on flawed State EDD data. In addition, we suspected SANDAG number wrongfully included close to 2000 seasonal jobs. We now know from Council Member Gaasterland that in fact the Fairground’s jobs are included in SANDAG’s jobs number. The City did not know as the City’s CAFR was grossly inaccurate. Based on research conducted by a group of residents, we estimated Del Mar’s internal jobs number in the CAFR was likely off by 42%
#3 Del Mar’s RHNA Allocation: Based on “Back of the Napkin” math, we calculated that Del Mar’s RHNA allocation should be 59 units vs the 175 unit allocation SANDAG had imposed on Del Mar at that time. A decrease of close to 66%.
#4 Recommendations to City Council: We recommended that the City get accurate jobs number and hold SANDAG to its promise. The City Council in fact agreed we should get an accurate jobs count.
Current Situation:
April 15, 2024 Closed Session Item IIIC
Based on Council Member Gaasterland’s recent statements we now know that SANDAG’s RHNA allocation is double based on very short term jobs at the Fairgrounds. Council Member Gaasterland noted that workers that work only 3 days count the same as a full time job. This is contrary to State regulations re what jobs are to be included in any RHNA calculation.
State regulations provide that only full time or “primary” part time jobs should be included in any RHNA calculation. Council Member Gaasterland’s comment confirms these jobs are not full time or “primary” part time jobs. So at a minimum close to 2,000 jobs are improperly included in our RHNA calculation. Excluding the Fairgrounds jobs alone would likely cut our RHNA allocation to 76 units. In addition, we know EDD data provided to the City for use in its CAFR is inaccurate which means SANDAG is likely off on its non-Fairgrounds jobs. The bottom line is that our RHNA allocation is grossly wrong. It should be anywhere from 59 units to 76 units.
I believe that SANDAG has known about the wrongful inclusion of Fairgrounds jobs for years and has hidden this from Del Mar. Likely SANDAG has known, or should have known, Del Mar’s non-Fairgrounds are also wrong. SANDAG’s blatant refusal to gives us jobs data is in effect a cover-up that has caused huge problems in our City.
What Does the City Do Now?
The City Council knows the RHNA jobs number is inaccurate by at least 2000 jobs – very likely more. So what does the City Council do now? What the City Council can’t do is ignore the problem and say we will address it in the next cycle. For 4 ½ years SANDAG’s wrongful RHNA calculation has severely impacted the City:
The City Council has had to take extreme actions that would have been the unthinkable in Del Mar 4 years ago.
Substantial City resources have been devoted to developing a 6th Cycle Housing Element to meet a false RHNA number.
Our community has been twisted and turned by the imposition of a wrong RHNA number.
If in fact the state imposes a “by right” penalty throughout the community if building permits are not actually pulled for at least 50% of Del Mar’s RHNA number, the impact would forever change the character of Del Mar.
Residents have a right to expect the City will ensure the RHNA number is accurate and lawful.
They have the right to know all of the information used to arrive at the jobs number. They have a right to an open and transparent process re the RHNA allocation. It is a disservice to the community and in my opinion a breach of trust to residents if you don’t honor these rights and instead ignore the problem. You have to act on this.
April 15, 2024 Closed Session Item IIIC
You may have discussed possible litigation but I would pursue a non-litigation path first – one that I think has a strong foundation and is defensible should the state want to for some reason sue.
Step #1 Put “sunshine” on what SANDAG has done and our inaccurate jobs calculation. 4+ years ago the City Staff was charged with the responsibility to obtain accurate jobs data. I have to believe that by now the City Staff knows the true jobs number – full time and primary part time. We now know that at a minimum 2000 jobs don’t qualify. If the City does not know the complete picture, then there should be an explanation as to why this has not happened after 4 ½ years.
Because of the impact of RHNA on our community, the City needs to be open and transparent re what it knows re Del Mar’s true jobs number. The City needs to bring “sunshine” to the problem – share with residents, SANDAG, HCD, and other cities the true jobs number and inaccuracies in SANDAG’s number.
Once we alert cities of SANDAG’s gross mistake, other cities will likely show up at SANDAG and there will be an avalanche judging from the sentiments expressed at the last SANDAG meeting.
Step #2: Request SANDAG modify jobs number to match our number.
Remind SANDAG that they promised us almost 4 ½ years ago that they would meet with the City and show how it got to our number. SANDAG failed to do that. With our jobs data, SANDAG should recalculate our RHNA number.
Step #3: Meet with HCD and tell them we are filing an Amended 6th Housing Cycle Element.
If HCD agrees – great. If HCD pushes back, we say we are submitting anyway because we have no choice.
SANDAG’s negligence led to this debacle.
SANDAG hid the data for years despite our requests.
SANDAG wrongfully imposed housing units contrary to California law. Del Mar has duty to make opportunities for only those number of units as the law requires.
In effect we are saying to HCD that we are submitting an amended plan and if HCD does not certify it, HCD will have to bring an action and we will defend. We have to as HCD is imposing a housing plan on us that is based on false information. Moreover, we feel very comfortable outlining to a Judge SANDAG’s intentional and wrongful withholding of accurate information, HCD knowing the jobs number and allocation is incorrect, and that our jobs calculation and allocation is correct. We don’t start any litigation but we are prepared to respond if HCD starts litigation. Candidly, I doubt they will once the see how wrong SANDAG is.
Argument that we did not file timely appeal
Some City Council Members take the position Del Mar has to live with the wrongful RHNA allocation because the City did not timely appeal SANDAG’s allocation. My counter to this position is that the appeal period related to appealing SANDAG’s methodology. We are not appealing methodology – our action is based on a false calculation that utilized false data. Data that was intentionally withheld by SANDAG.
April 15, 2024 Closed Session Item IIIC
I believe SANDAG knew the data was false, covered it up, refused to disclose to us, and unlawfully imposed 2X the units that have been allocated to Del Mar. I believe SANDAG’s conduct may constitute gross negligence or even fraud. However, I will leave it to the City Attorney to advise the City as to the basis of the legal causes of action the City has with SANDAG and the defenses the City has against any state action.
Greg Rothnem
9 th Street
April 15, 2024 Closed Session Item IIIC
1 Evy Escalante
From: [email protected]
Sent: Sunday, April 14, 2024 7:59 PM
To: City Clerk Mail Box
Cc: Terry TG. Gaasterland; Tracy Martinez; [email protected]; David Druker; Dwight Worden
Subject: Red Dot - Del Mar City Council Closed Session Agenda Item (B) - 15 Apr 2024 Follow Up Flag: Follow up
Flag Status: Flagged
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Del Mar City Council Closed Session Agenda Item (B)
15 Apr 2024
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 City Council members:
We’ve been working collaboratively on the San Dieguito Drive (SDD) Improvements Project for many years and it’s great to see the finish line at last. I’m very grateful for the ongoing efforts of the City Staff and the City Council in getting us to this point. Thank you.
In the 3 Apr 2024 meeting with the neighborhood, City Staff provided revised estimates of the cost of the project that still hovered at the $1.3 million mark. Residents were still being asked to contribute about $400K to the project, about twice what it would cost the residents to do a quality repair to the existing road surface.
The Crest Canyon residents are now being asked to pay for repairs to the storm drain that passes under the public road and empties into the lagoon. The City is currently repairing a similar storm drain failure at Jimmy Durante Blvd. As reported in the De Mar Weekly on 12 Apr 2024: “On Thursday, crews cut a trench across the northbound connector from Camino Del Mar to remove corroded sections of corrugated metal storm drain and replace them with reinforced concrete pipe. In recent years, failures of aging metal pipes have caused sinkholes and significant damage in Crest Canyon and on Camino Del Mar at Anderson Canyon.” I would ask the City Council to consider adding the entire cost of storm water management to the City’s share of the project cost. Most of the storm water that travels across the surface of San Dieguito Drive comes from runoff from the eastern side of the Crest Road ridge and from public Oribia Road. There are no storm drains on public Oribia Road (which was accepted into the City’s public street system in 1968.) In addition, the City uses San Dieguito Drive as a pressure relief system for the City water supply. All of this water then accumulates at the bottom of SDD and crosses under or on top of public San Dieguito Drive before it empties into the San Dieguito Lagoon Ecological Reserve. Proper management of stormwater entering the lagoon is a public safety issue that should be the City’s responsibility.
April 15, 2024 Closed Session Item III
2 Also, I have asked several times for an explanation as to how the City calculated their proposed 70% share of the project cost. I have not received an answer. I would ask the City Council to consider again the public benefit that repairing this street brings to our City and the San Dieguito Lagoon Ecological Reserve and as much as possible – please - increase the City’s percentage share of the cost of this project so that the residents’ share of the cost will be more affordable for individual homeowners.
Respectfully,
Amy Cheshire
1561 San Dieguito Drive
April 15, 2024 Closed Session Item III
1 Evy Escalante
From: Mark Handzel <[email protected]>
Sent: Sunday, April 14, 2024 4:05 PM
To: City Clerk Mail Box
Subject: April 15th City Council Agenda item IV. PUBLIC ORAL COMMUNICATIONS - Red Dot Submission
Follow Up Flag: Follow up
Flag Status: Flagged
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Dear Del Mar City Council,
I am writing to express my urgent concerns regarding the accuracy of job numbers in Del Mar and its implications for our community's housing planning. It is imperative that the city take immediate action to address this issue and ensure transparency and accountability in our decision-making processes. a. We need the city to be open and transparent. Residents deserve to know the true picture of jobs data in Del Mar. City Staff was tasked four years ago with obtaining this information, and it is unacceptable that we still lack clarity on this crucial matter. If City Staff does not possess this information, they must expedite efforts to obtain it within the next 30 days.
b. SANDAG promised to provide the city with Del Mar’s jobs data at the September 30th, 2019 City Council meeting by the end of 2019. As far as I know, SANDAG has never provided this information. c. Recent revelations from Terry Gaasterland indicate that our current job numbers may be significantly overestimated by nearly 2000 jobs. This discrepancy alone warrants action and underscores the urgency of revising our Regional Housing Needs Allocation (RHNA) allocation. d. Ignoring or delaying action on this issue is not an option. The potential consequences of relying on inaccurate job numbers are too significant to ignore. The city must act swiftly to avoid being blindsided by unforeseen challenges that could impact our community's future.
e. I urge the city to file an Amended 6th Cycle Housing Element based on a revised RHNA number that excludes Fairgrounds seasonal jobs. It is crucial that our housing planning reflects the most accurate and reliable data available, which necessitates excluding Fairgrounds jobs from our job count.
As this is a matter of critical importance, I respectfully request that this issue be addressed under City Closed Session Item III(C) for prompt consideration and action.
Regards,
Mark Handzel
100 12th Street
April 15, 2024 Closed Session Item III
1 Evy Escalante
From: Nancy Stoke <[email protected]>
Sent: Sunday, April 14, 2024 2:29 PM
To: City Clerk Mail Box
Cc: 'Nancy Stoke'
Subject: Red Dot Council Closed Session Meeting April 15, 2024 Item III(C) Follow Up Flag: Follow up
Flag Status: Flagged
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Honorable Mayor and Council Members,
Where do we stand on receipt of Del Mar’s employment data used to support the RHNA Allocation? Please share with the residents what you know; we have been kept in the dark for far too long.
Have we ever received the data promised by SANDAG’s CEO during his presentation to you years ago when the question was first raised regarding faulty employment data being used for Del Mar’s RHNA Allocation? If not, why not?
Has Staff ever been able to reconcile and correct/have corrected the faulty EDD data? If not, why not? Has Staff ever been able to reconcile and correct/have corrected the faulty CAFR data? If not, why not? Is there other faulty RHNA-related data that you know of that the public is unaware of? If so, the data should be made public please.
We all know that building on a faulty foundation is unwise; Del Mar cannot let the Housing Cycle process continue to build on known faulty data. This must be addressed now before it goes any further! Do we know that EDD and CAFR and SANDAG and HCD know the difference between the Del Mar city limit boundaries and the Del Mar zip code boundaries?
For those who may not know… 92014 includes the following employment centers and businesses that are not within the Del Mar city limits:
Del Mar Hilton Hotel
Del Mar Golf Center
Flower Hill Mall
Mary’s Tack Shop
Market Restaurant
Polo Plaza (across from the Polo Fields)
Fairbanks Ranch Country Club aka Bay Club San Diego
Beachside Del Mar aka Vons Shopping Center at Del Mar Heights And many more
Here is the USPS map of 92014 and demographics for 92014: https://www.unitedstateszipcodes.org/92014/ April 15, 2024 Closed Session Item III
2 For comparison sake, here is the map from the city’s website of Del Mar’s city limits: https://www.delmar.ca.us/437/City-Limits-Map Note that the city limits cover slightly less than 50% of the 92014 zip code area west of the I-5. So even if EDD and CAFR and SANDAG and others are using data for only the portion of the 92014 zip code west of the freeway, the data will be off by about 50%. Such errors are totally unacceptable!
April 15, 2024 Closed Session Item III
3 We cannot continue to let outside “authorities” dictate Del Mar’s policies. At your direction our Staff has spent an inordinate amount of time (and money) trying to comply with a Housing Element that is built on bad data. This has to stop immediately, as it is negatively impacting other important issues in our community which need to be addressed.
If it is the seasonal jobs at the Fairgrounds that are the known root of the data problems, please file an Amended 6th Cycle Housing Element with accurate employment data and stand firm using correct data; don’t allow Del Mar to spend any more time/money working with known faulty data.
Respectfully Submitted,
Nancy Stoke
The Flower Fields at Carlsbad Ranch are open March 1st – early May. Truly a magnificent display of 50+ acres of blooming Tecolote Giant Ranunculus, it is not to be missed! Purchase tickets in advance: https://www.theflowerfields.com/planyour-trip/ See you there! April 15, 2024 Closed Session Item III