Saturday, April 29, 2017

Rosebay homeowners win lawsuit over 2nd-story addition

Last year we brought you the story of a young family planning to build a very modest 2nd-story addition to their home in the Rosebay neighborhood.  Wealthy homeowners in the gated community on the hill above Rosebay filed suit to stop the addition even though 1) the property is zoned for two stories, 2) Encinitas doesn't have a view ordinance, and 3) even if there was a view ordinance, the small and distant addition could not reasonably be seen as blocking the plaintiff's view.

Today we have some happy news from the remodelers!

- In part because of the lawsuit, which required us to dip into our savings and emergency fund, we spent ~4 months changing banks, refinancing, and negotiating for a larger construction loan. Luckily, and because of our good credit history, this worked. We just kept our fingers crossed that we wouldn't get sick or lose our jobs. Fighting this has cost us tens of thousands of dollars. Although this is likely less than the Hedman's on West Bluff have paid their lawyer over the past 1.5 years, they clearly can afford to throw good money after bad whereas for my husband and I, it was a major decision to fight. We decided to fight because we love where we live, and we have a right to do this by the letter of the law.

- We started construction April 1, which was before we knew the outcome of the case. We didn't have a choice because otherwise we would lose our General Contractor (as he would have move onto other projects). We had waited as long as we could. We were confident they would lose but it has still been a nerve-wracking month. It was a good month though as our son turned 1 year old! It's crazy that it has been a year since the Hedman's sued the city and served us papers.

- We found out the judge ruled in our favor this past Thursday. I broke down in tears of joy at my office (pics attached :) It was a weird feeling after awhile though - it's more like relief. Yes, we won but really we just prevailed and survived. This should have never happened in the first place. Unfortunately we can't recoup our lawyers' fees due to the Anti-SLAPP law, which normally serves to protect people like us from having to pay developers' lawyers' fees were we to lose a case (i.e., the roles are normally reversed). We knew this going in but it still bothers me.

- There is a slim chance they will appeal this ruling, which would drag this out at least another year, and cost us more money. However, hopefully they aren't that delusional as the judge ruled strongly against every argument they tried to put forth (e.g., there is no public view obstruction). In fact, if you go walk the trail, it is difficult to make out our new roof line from among the trees (pics attached). If they are crazy enough to appeal, we are going to do a fundraising effort so that our neighborhood can come together and fight on behalf of all of our interests, which is defending our neighborhood's right to improve our homes, and the value of our properties. Not a day goes by where I don't remind myself that a small minority live in 3,500 square foot homes (like the Hedman's) while the majority live in homes much smaller like us. I've worked incredibly hard my entire adult life to get to where I am today, and I'll be damned if someone is going to try to use their money to bully me. We did everything according to the City's rules and regulations; we didn't ask for a variance; and we aren't flipping the property. This is our home.

- A silver lining in all of this is that we have met a lot of new neighbors, and most people have been unequivocal in their support for us, and our project. Obviously not everyone is stoked on the project but most people are, and it feels good to have that support after everything the Hedman's have put us through. We have also been fortunate that we are living next door during the remodel. Our neighbors are retired, and are fixing up another home while renting to us. It's crazy lucky that this happened but at the same time it speaks to the homeowners in this community, and how much we all support each other.

- We want to thank the community for rallying behind us, and for bearing with us through the dust and noise of the final framing etc. that should be done soon!

Ed Deane out at Public Works

Coast News:
Encinitas, which has lost a number of top planning and public works officials over the past 18 months, is set to lose another one.

Ed Deane, the city’s deputy public works director, confirmed that he will be resigning effective May 5.

“I am going to be taking some time before my next step,” Deane said. “Looking to see what is available.”


Deane started his term with the city in March 2011, shortly before the hiring of former City Manager Gus Vina, who resigned in 2015 to take the city manager position in Brentwood.
We don't recall Deane being among the more controversial staff members, as some of the other recently departed clearly were.

The Coast News goes on to discuss the high levels of staff turnover since City Manager Gus Vina's departure. For the city's budget, that's a very good thing, as new hires receive a less outrageous pension package than legacy employees.

Friday, April 28, 2017

Yes on east-side Rail Trail?

From the Yes on (east-side) Rail Trail folks:

The plan for an east-side alignment of the Cardiff Rail Trail was left for dead after the Encinitas City Council bowed to the demands of a well organized opposition campaign in March of 2016, voting to endorse a west-side alignment along Route 101 and stranding Cardiff residents who wanted to walk, run, and bike along San Elijo Avenue.

The east-side alignment is now back from the grave. The rail trail alignment issue will go before the California Coastal Commission in early May. Correspondence between Commission staff and SANDAG during the latter part of 2016 indicates that Commission staff are opposed to the west-side alignment.

If the Coastal Commission votes against the west-side alignment, then the original plan for running the trail along the east side of the tracks may be resurrected.

Wednesday, April 26, 2017

Tuesday, April 25, 2017

Is commercial marijuana production the answer to Encinitas' pension crisis?

Councilman Joe Mosca's old friend the Sierra Madre Tattler:
More and more cash strapped cities in California are beginning to look to marijuana as a potential revenue resource. Many of these fine localities might say it is for other reasons (in Encinitas the purpose given is to "save local agriculture"), but if it wasn't for the tax potential of commercial ganja would they really be interested? I doubt it. It's always about the money.

Former Sierra Madre Mayor Joe Mosca, who abruptly vacated a City Council seat halfway through his second term here a few years back, recently resumed his political career in the City of Encinitas. Now an appointed member of the City Council there, today he sits on a subcommittee tasked with bringing marijuana into their revenue mix. Faced with a massive $154 million in (euphemism alert) "unfunded market pension debt" (link), obviously no stone (or stoner) is being left unturned.
We'd caution both growers and revenue-hungry politicians that the projections based on current marijuana prices are likely to be wildly overstated, as commercial and home growers rapidly increase supply now that it's legal.

Friday, April 21, 2017

While Encinitas fiddles, other cities get serious about facing pension crisis

LA Times:
The statewide pension issue was a hot topic Monday at the Huntington Beach City Council meeting.

The council voted unanimously to have the city’s Intergovernmental Relations Committee consider proposed state pension reform legislation and bring the item to the council’s next meeting.


Councilman Billy O’Connell, who made the proposal, said CalPERS has increased pension costs, which has jeopardized the city’s ability to provide services to its residents.

“CalPERS has failed in [its] fiduciary responsibility, and this failure poses great risk to cities, our hard-working employees and the taxpayers who will ultimately foot the bill for CalPERS’ failures,” O’Connell read from a statement.

Thursday, April 20, 2017

Council moves to crack down on problem bars

Del Mar Times:
After years of wrangling, piecemeal measures and mounting uproar from neighbors along the Coast Highway 101 corridor, the Encinitas City Council on Wednesday, April 19, signed onto a package of sweeping reforms to the way restaurants and bars manage their on-site alcohol service.

The wide-ranging package of reforms includes: Alcohol service to stop 10 p.m. along the coastal corridor, with later cutoffs if bars prove their good behavior; establish a noise ordinance downtown and update the standards elsewhere; stiffer fines for code violations; and measures to curb party buses and the long lines of patrons waiting to get into bars.

But for the coalition of residents who have railed against the changing tone of the coastal corridor, the most important aspect is the “deemed approved ordinance,” which will allow the city to enforce nuisance codes according to uniform standards across the city.