Coming soon to Encinitas Ranch

The criminal masterminds of Walmart:

Do you have change for a million-dollar bill? 

Police say a North Carolina man insisted his million-dollar note was real when he was buying $476 worth of items at a Walmart.

Investigators told the Winston-Salem Journal (http://bit.ly/u7ZrEN ) that 53-year-old Michael Fuller tried to buy a vacuum cleaner, a microwave oven and other items. Store employees called police after his insistence that the bill was legit, and Fuller was arrested.

The largest bill in circulation is $100. The government stopped making bills of up to $10,000 in 1969.

New Encinitas Residents web site

Somebody has put a lot of effort into compiling and disseminating information about the General Plan Update.

Check out the new site New Encinitas Residents whether you're a New Encinitas resident or just someone else who would be negatively impacted by high-density housing and traffic gridlock on El Camino Real and Encinitas Boulevard.

Mr. Hankey the Christmas poo comes to Encinitas beaches

Doesn't this seem like something that just shouldn't happen? What are we, a third-world country?

Beaches near the San Elijo Lagoon were closed Wednesday due to a sewage spill, county health officials said. About 1,500 gallons of sewage spilled into the San Elijo Lagoon after a main break at a pump station on Manchester Avenue at Via Poco. The spill was discovered about 11:45 a.m. Crews from the city of Encinitas responded to control the spill.

It's beginning to Kook a lot like Christmas

Encinitas protest song

Wow. We've got some talented -- and justifiably pissed-off -- people here in Encinitas. HT: Leucadia Blog.

New Kook mural in Cardiff

If you've been on San Elijo in downtown Cardiff recently, it's hard to miss the cool new mural on the Kook's Cafe.

The artist is longtime local Kevin Anderson. Carlsbad Crawl has the story and pics.

House fire at 1820 Crest Drive

1820 Crest Drive burned this morning. Fortunately, no one was killed. According to NBC, firefighters are calling the fire "suspicious in nature." I hope it's not a case of arson, but it does seem a little odd that the whole house was engulfed so quickly. The house was bought at the peak of the bubble for $1.79 million and now Zillows at $1.05 million, so mortgage problems are always a possibility.

Welcome to Walmart

I'm still curious if they're going to try out that "upscale" concept they were going to do before Carlsbad turned them down. This has to be the most upscale neighborhood Walmart has ever gone into. The folks in the million-dollar homes in Encinitas Ranch will be able to walk to Wal-Mart for coffee and a paper!

Bilbray, Issa vote to allow indefinite detention of Americans without charge

Encinitas' current and future Congressmen, Brian Bilbray and Darrell Issa, voted to allow the indefinite detention of Americans whom the president declares, without any evidentiary standards, support terrorists.

Specifics on the bill from conservatives and liberals.

Text here.

SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.

(a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40
(3) the current armed conflict includes nations, organization, and persons who--
(A) are part of, or are) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

(b) Covered Persons- A covered person under this section is any person as follows:


(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.


(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.


(c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:


(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.


(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII ofPublic Law 111-84)).


(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.


(4) Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.


(d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.


(e) Authorities- Nothing in this section shall be construed to affect existing law or authorities, relating to the detention of United States citizens, lawful resident aliens of the United States or any other persons who are captured or arrested in the United States.



(f) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be ‘covered persons’ for purposes of subsection (b)(2).

Roll call here.

And a reminder that we once had a Constitution that read:

"... nor shall any person ... be deprived of life, liberty, or property, without due process of law..."

Celebrating Council Member Kristin Gaspar's First-Year Accomplishments

On this first anniversary of her swearing-in, Encinitas Undercover would like to congratulate Council Member (and new Deputy Mayor) Kristin Gaspar on her triumphant first year. Let's review her goals and accomplishments.

1) Building the Hall Park. Anyone who watched the campaign last year knows that the one issue on which Gaspar could speak authoritatively was that she really, really wanted a sports park on the Hall Property. At the Cardiff candidate forum, she promised that her Rotary connections would be instrumental in getting private funding to build the park. Well, nobody's really gotten around to building the baseball and soccer fields. But after a year of Gaspar's hard work, local mountain climbers love the challenge of Mt. Gaspar -- as do adherents of the new sport "Downhill Boogieboarding."

The majestic Mt. Gaspar rises from the plains of Toxaphene Fields like Kilimanjaro rising above the Serengeti.

2) Installing wayside horns. Council watchers recall that Gaspar made her City Hall debut asking for wayside horns at intersections so that Amtrak and Coaster trains wouldn't have to blast their horns, disturbing Vulcan and 101 neighbors. Let's go to the video to see the results of Council Member Gaspar's good work.

You know, if I were a more cynical observer, I might think that the fact that the city has made zero progress on these issues so near and dear to the council majority's hearts was an indication that city finances are not as healthy as they would have us believe. If they can shell out millions of dollars a year for pensions, why can't they start park construction or put in wayside horns? Good thing I'm not a cynical observer.

3) Fiscal responsibility. From Gaspar's web site:

I understand that tax revenue is not the government's money or the city's money…it is your money, and , I pledge to use it wisely. I will not tie your money up with frivolous complaints or attorney's fees. I will promote the judicious use of your revenue to ensure that basic city services are provided and to improve the quality of life that we have come to expect in Encinitas.

No frivolous complaints or attorney's fees? How about her vote to support Glen Sabine's frivolous appeal of a judge's ruling that the public has a right to access public documents?

Beyond supporting expensive, frivolous legal adventures, has Gaspar done anything on the council that could be remotely described as pushing for fiscal responsibility? Has she questioned or criticized a single line-item in the city budget? And how is letting Carltas (the Ecke development company) out of its golf course obligations and sticking Encinitas Ranch homeowners with the bill fiscally responsible?

And how about the biggest fiscal responsibility issue facing Encinitas, pension reform? Oh, yes:

4) Pension reform. From her web site:

Most candidates seem to be in agreement that pension reform is needed because our current system is not sustainable. We cannot afford in the short-term, medium-term, or long-term to end up in the position that the City of San Diego is in. I am certain we can solve this problem while still offering our city employees extremely competitive and appealing salary and benefits packages. I am also certain that I can work together with all of the current council members and future council members to get this job done.

Well, it's a year later, the pension liability is getting worse, and we haven't heard a peep from Council Member Gaspar on pension reform.

5) Bringing civility to the council. One of Gaspar's frequent campaign promises was to change the acrimonious tone at City Hall. From her web site:

I will bring positive energy, a spirit of cooperation, and unity to the Encinitas City Council. Our council has too often been distracted by petty personal feuds and hyper-partisanship. I pledge to focus my efforts on the needs of our city instead of disparaging the personal character of those whom I may not agree with on specific issues.

Let's ask Union-Tribune columnist Logan Jenkins how she's doing on that one.

Jan. 9, 2011:

A soft brick — the Bonehead First Play award — to freshman Encinitas Councilwoman Kristen Gaspar for failing in dramatic fashion to live up to her campaign pledge to bridge, not widen, the bitterly personal schism on the Encinitas council.

By nominating her political supporters (and likely mentors) — Councilmen Jim Bond and Jerome Stocks — for mayor and vice mayor respectively, Gaspar, 30, demonstrated one of two things about her political character:

She’s either naive or she’s secretly spoiling for a fight while pretending to be Ms. Sweetness and Light.

Nov. 11, 2011:

A brick — the Red Cape and Bull award — to the Encinitas “pro-business” (for lack of a better label) majority — Mayor Jim Bond, Jerome Stocks and Kristin Gaspar — for appointing Mark Muir, the city’s fire chief, to fill the late Maggie Houlihan’s council seat.

This decision wanted some tact, some humility, some spirit of compromise. None was displayed.

And as for "instead of disparaging the personal character of those I may not agree with?" Well, in her first month in office, Gaspar wrote a North County Times commentary disparaging Teresa Barth as an explanation for her decision to pass over Barth for the Deputy Mayor position. And how about her more recent public dressing-down of Barth over a subcommittee disagreement?

Hmmmm. Sounds more like Mean Girls than a new civility.

We look forward with great anticipation to Deputy Mayor Gaspar's second year on the council.

Lunar Eclipse over Encinitas

I'll see you on the dark side of the moon

Huge, rare full lunar eclipse tomorrow morning.

Last night the moon was nearly full and set over the ocean just before sunrise. Get up early tomorrow morning and catch it.

City ordered to pay $54,862.50 attorney's fees for frivolous fight against Public Records Act

Here's the judge's order:
Attorney's fees order, Cummins vs. Encinitas

That's in addition to the tens of thousands they paid comic attorney Glenn Sabine to repeatedly and consistently lose his frivolous challenges.

Exit trivia question: what council member's campaign web site promised:

I understand that tax revenue is not the government's money or the city's money…it is your money, and , [sic] I pledge to use it wisely. I will not tie your money up with frivolous complaints or attorney's fees.

Answer here.

DEMA purges Maggie Houlihan's image from banners

In Joseph Stalin's Great Purge in the 1930's, former leaders who had become politically inconvenient had their images purged from history.





From the inbox:

From: "Dody Crawford"
Date: December 2, 2011 4:40:08 PM PST
Subject: Banner Recall

Attention All Banner Artists!

It has come to our attention that the banners we have given you do not comply with the permit we were issued. We are in the process of reprinting them and should have them for you in about 10 days.

If you have completed your banner, you are free to keep it. If you have the energy to paint another we would love to have you do it.

If you have not finished, please do no more. Return it to the DEMA office for a replacement banner.

I sincerely apologize for all the trouble this may have caused you. Unfortunately, I did not do my due diligence in preparing the permit. This not in any way the Artists' Colony's mistake, but mine alone and for that, I am truly sorry.

I do hope you will able to do another banner as soon as we get them. We will alert you when we get have them here.Thank you for your understanding.

Dody Crawford
Executive Director
818 S. Coast Hwy 101Encinitas, CA 92024
www.encinitas101.com

Sources tell Encinitas Undercover that what's wrong is that the banners carried an image of late Council Member Maggie Houlihan, who has become politically inconvenient to the council majority.

I hope the artists will put their heart and soul into decorating the original, uncensored banners and hang them with pride in prominent places.

Kristin Gaspar is shocked, SHOCKED...

... that Teresa Barth would dare to bring her a few pages of some sort of proposal before Gaspar had agreed to hear it.

Watch the clusterlove of incompetence and vitriol as Bond tries to adjourn the meeting, Gaspar interjects, and then Bond (apparently erroneously) allows her to deliver her anti-Barth diatribe.



Jon Horn in the U-T raises concerns of Brown Act violations by Bond allowing Gaspar to berate Barth when it was not on the agenda. I'll allow a little Brown Act violation to enjoy a spectacle of buffoonery like this any day!

Is this really the allegedly sophisticated, highly educated town of Encinitas? This city council is like something out of Jerry Springer.

Finally, a trivia question for my dear readers. Which council member's campaign web site said the following?

I will bring positive energy, a spirit of cooperation, and unity to the Encinitas City Council. Our council has too often been distracted by petty personal feuds and hyper-partisanship. I pledge to focus my efforts on the needs of our city instead of disparaging the personal character of those whom I may not agree with on specific issues.

Stumped? Answer here.

UPDATE:

Barth says she had nothing to do with the document that gave Gaspar the vapors. She only met with staff to ask some questions.

Game on!

The Belleview Christmas Tree above Swami's, a full-size star pine visible from I-5 and ships at sea.

How's your Christmas decoration coming?

Michael T. Pines assaulted in jail?

His victims would say he had it coming. Heck, most people who knew him around Encinitas would say he had it coming.

From the inbox:

Dear Clients (Victims) of Michael T. Pines:

He's back in Jail again. This mentally disturbed, stalking, harassing, thief, who threatens the lives of everyone he comes in contact with; with GUNS to the point where they are forced to move and get Restraining Orders against him is now back in jail ONCE AGAIN, this is the 6th time for threatening someones life.

But this time, someone kicked his ass. He has a bunch of broken bones per an unam source at the hospital and now he's in custody until December 2 unless someone has can bail him out. His bail is ONE MILLION DOLLARS. Probably too rich for his mommy's blood, the woman who continues to support his efforts to stalk, harass and rob victims like you. Here's the website and information on his recent arrest.

GO TO THIS LINK:
http://apps.sdsheriff.net/wij/WijAList.aspx?LastName=pines&FirstName=mi

Usual disclaimer: Michael T. Pines is no relation to personal injury attorney Michael Pines of La Jolla.

Miss Merkin 2011

Andrew Audet on the Encinitas banana republic

In the Coast News:

Last week Encinitas Mayor Bond, Deputy Mayor Stocks and Council member Gaspar appointed their campaign supporter Mark Muir to the city council. Evidence presented during the application process showed Muir was the only applicant to violate city policies for ethics and codes of conduct. Muir’s violations benefited the only three people in the city with the power to appoint a new council member. Meet your new “Council of Cronies.”

Bond and Stocks told local newspapers Muir was the most qualified. Muir being the only applicant who violated city policies made him the least qualified. Ask yourself, “Whom do you hire as a baby sitter, the kid who ignores and violates policy or the responsible kid who follows directions?” Enough said.

In the Woody Allen comedy “Bananas” a South America dictator employs the usual tactics of despots clinging to power. Armed sentries surround the palace. Residents of outlying territories are bussed in to prop up a regime of cronyism. Pageantry and theatre is used to deflect criticism. The movie pokes fun of so called “Banana Republics.”

Such third world chicanery was on display during the Encinitas City Hall Production of “The Swearing in of Muir.”

Click on over and read the whole thing.

I am very thankful for the Coast News' coverage of Encinitas government. Honest government depends on an alert citizenry, and an alert citizenry is difficult without good watchdog journalism.

Encinitans display their civic engagement

Seen around town...

Jerome Stocks berates constituent in Union-Tribune comments

Stay classy, Jerome.



Aside from the arrogant condescension, Stocks' assertions range from the misleading to the false and outright absurd. I was going to respond point-by-point in the comments, but Bruce Ehlers did it for me.

Behind-the-scenes dirt on the Mark Muir protest

Some interesting tidbits crossed my desk this week from a number of off-the-record sources:

• Muir's people were boasting in advance of the swearing-in that the Union-Tribune was in the tank for them and would downplay coverage of the anti-cronyism rally (looks like they were right).

• The Deputy Sheriffs' union was abuzz with talk of an "Occupy City Hall" unruly protest. This is why an absurd number of deputies surrounded City Hall for a gathering of mild-mannered, middle-aged professionals and retired folk who are no more a threat speaking about Mark Muir's misdeeds than they were last year speaking about Dan Dalager's misdeeds. It is not clear whether this "Occupy" panic was a result of institutional paranoia or a deliberate campaign by the Stocks-Muir gang to smear their opponents as dangerous radicals.

• One neighborhood association that is currently fighting a high-density development upzoning asked all its members NOT to attend the rally because they feared retaliation by the council majority (this is truly chilling and a perfect example of how cronyism and concentrated power undermine democracy).

The Stocks-Muir gang played the political theater well, bringing in friends and family and city union members' friends and family, many of them not from Encinitas, to give the media the appearance that the public was evenly split on the Muir appointment. Many of the local papers (and even usually-good local online news sources) fell for this, not just the Union-Tribune. A couple that got it right were Wehtahnah Tucker of the Coast News and Alison St. John of KPBS)

Fortunately, Logan Jenkins today broke the Union-Tribune's code of downplay and hammered the council for the Muir appointment:

A brick — the Red Cape and Bull award — to the Encinitas “pro-business” (for lack of a better label) majority — Mayor Jim Bond, Jerome Stocks and Kristin Gaspar — for appointing Mark Muir, the city’s fire chief, to fill the late Maggie Houlihan’s council seat.

This decision wanted some tact, some humility, some spirit of compromise. None was displayed.

No one should have been surprised that a weird whirlwind was reaped Wednesday night as more than a hundred Encinitans gathered outside City Hall to protest the Muir appointment.

The council majority argued that they were picking the most qualified person to serve out the last year of Houlihan’s term. It wasn’t a political move. It was all about competence.

That may even be true. Muir, who retired before the surreal swearing-in ceremony, has a solid resume, including a stint on the Olivenhain water and SANDAG boards. He’s well-regarded.

But he also has a history as an unusually active political player on behalf of Stocks and Bond. The appearance of conflict looms.

Instead of choosing a neutral candidate, someone who could have capably held Houlihan’s seat until the 2012 election, the majority seemingly took pleasure in baiting the greenish Houlihan “progressives” they view with Olympian amusement.

Jenkins has a history of being close to Jerome Stocks, so this feels to me like a "scales fall from my eyes" moment for him. Jenkins started criticizing Stocks and Bond when they angrily demanded the removal of the Surfing Madonna, and he's been critical of Gaspar for breaking her campaign promises and worsening the acrimony on the council.

If there's one thing I have to criticize about Jenkins' column, it's that he continues to view this battle as "pro-business" vs. "greenish." True, Barth is, and Houlihan was, a lefty greenie, but a large number of the protesters are not. Many are just against corruption and financial mismanagement. The majority is pro-developer, not "pro-business." Encinitas businesses, like Encinitas families, will be burdened for decades by the majority's fiscal profligacy. Look at the majority's record on pensions, for example. Stocks voted (with Houlihan) to boost pensions 35%, a decision that will absolutely ruin the city's finances in the future. Stocks and Bond and Gaspar have stonewalled agendizing pension reform since. That's not a green issue; that's a mainstream issue very popular with the public at large.

NASA invades Leucadia

Are they chasing E.T.? Or do we have a new launch pad on the 101 puncture path?

An essay that has absolutely nothing to do with Encinitas

Is there no shame?

Your special edition HoodLink is up!

From the excellent periodic publishers at HoodLink, a call to action and an explanation of the threat that the crony council poses to the future of Encinitas.

November 2011 HoodLink

Natives getting restless now

Mutiny in the air!

Encinitas residents are planning to gather at City Hall Wednesday at 5 p.m. to protest Mark Muir’s recent appointment to City Council. Muir, who will step down from his post as Fire Chief before being sworn into office Wednesday night, was appointed to fill Maggie Houlihan’s seat last week.

According to a written statement released on behalf of the group by Steve Meiche, one of the organizers, some residents are calling for Muir to step down due to what they claim are “instances of political favoritism, cronyism, conflict of interest and ethical policy violations.”

Even in laid-back Encinitas, you can only push people so far. The arrogant and brazen appointment of political crony Mark Muir could be what finally rousts the voters and runs the council good old boys out of town.

The fix is in

After a string of public speakers spoke against cronyism and Mark Muir and no one spoke in favor of Muir, Mayor Bond nominated Muir and Kristen Gaspar seconded.

A 3-1 vote for cronyism over the wishes of the public will follow shortly.

I must admit, I held out some hope that Kristen Gaspar would display a little independence and good judgment. Boy, was I wrong. This gang is brazen in their contempt for the public.

Occupy Encinitas today

Occupy Encinitas is back today at noon at 101 & Encinitas Boulevard. The first one, a couple weeks ago, had a good turnout of at least a few hundred. It was the only Occupation in North County that day, and drew people mostly from outside of Encinitas. Today's is likely to be smaller because there are five Occupations from Del Mar to Oceanside.

The Occupiers have a legitimate grievance. Wall Street made themselves filthy rich, crashed the economy, and then got bailed out at our expense (don't believe the "TARP was repaid" canard -- TARP is trivial compared to the trillion-plus dollars printed out of thin air by the Federal Reserve to lend to the banks at 0%). The new crony capitalism literally is privatized profits and socialized losses, and the banks get away with it because they own the politicians of both parties with very few exceptions (Dennis Kucinich and Ron Paul being among the few). I've written more about this here.

Unfortunately, the Occupiers' legitimate message is being drowned out by the crazies. A small minority of mentally ill, druggies, thieves, racists, etc., is causing some problems, but that's to be expected in any large group. The bigger issue, though, is that a large plurality if not majority of the protesters are radical leftists who don't just want to stop fraud and corruption on Wall Street and in Washington, but want to smash capitalism completely. Calls for free education and a government living wage for all are monumentally naive fantasies of unlimited resources in a very resource-constrained world. These dreamers don't know it, but destroying free enterprise would make things a lot worse for everyone. I've been to the Occupation, and unfortunately, many participants appear to have similar utopian socialist dreams.

Wall Street is crooked, as are its lackeys in the Treasury Department, the Federal Reserve, and Congress. You don't have to be a Marxist to want to change that. The problem is not capitalism, it's crony capitalism.

Jerome Stocks is to the left of Jerry Brown on government union pensions

WSJ:

California Gov. Jerry Brown on Thursday unveiled what would be one of the nation's widest-reaching pension overhauls, a proposal that would raise the retirement age and shift more investing responsibilities to public workers.

The 12-point plan includes meshing a 401(k)-style component into newly hired workers' retirement plans, raising the age at which some future employees retire to 67 from 55 now and boosting pension contributions for current workers. Labor groups immediately expressed disapproval.

Encinitas labor groups don't have anything to worry about. Their bought-and-paid-for councilman Jerome Stocks, who voted to spike city pensions by 35% in 2005, is still stonewalling Teresa Barth's attempts to get pension reform on the Encinitas council agenda. And now it looks like he's about to appoint his longtime crony and union dream candidate Mark Muir to give the unions an even bigger council majority.

Council candidate song and dance show tonight

The appointment candidates present their cases tonight.

Rumor is the council majority wants to appoint a huge Jerome Stocks crony.

A large public turnout this evening, and at next week's appointment vote, might be enough to dissuade some council members from going along with that.

Rubenstein neighbors get traffic calming circles as consolation for stadium lights going in their back yard

That's going to look a lot nicer than those hideous and annoying-at-any-speed plastic bumps on Devonshire.



Summit has also been torn up for several weeks now, likely for similar calming circles.

Red-shouldered hawks of Encinitas

This fellow seen in coastal Encinitas is likely a red-shouldered hawk according to birdwatchers working from a grainy photo.

Your Encinitas Council appointment candidates are...

From Jonathan Horn:

Lisa Shaffer - Maggie Houlihan's dying request and a UCSD professor
Tony Brandenberg - old-time eccentric Olivenhain character known as "the Judge"
Alan Lerchbaker - Cardiff resident and Navy veteran
David Drielsma, Robert Campbell, Joel King - Senior Commission members
Robert Schneider - senior citizen from New Encinitas
Kent Mesplay - senior citizen from Leucadia

I'm guessing the Council majority won't honor Maggie's wish by appointing Shaffer, who would oppose them on most issues.

And "the Judge" could be too much of a wild card and upset business as usual.

So I think the Council majority will pick one of the senior citizens. I hope whoever that senior citizen is won't be persuaded to join a 4-1 super-majority for upzoning.

UPDATE: Late entrants! And yep, there's Muir as well as Alice Jacobson.

EUSD under fire

The Encinitas Union School District is coming under increasing scrutiny for financial mismanagement.

In today's Patch, we learn that the the EUSD is running a $5 million deficit before taking into account the likely December cuts from the state. It is utterly irresponsible to run a huge deficit even under the unrealistically optimistic June budget scenario and then risk making drastic cuts mid-school-year.

Fiscal irresponsibility is a recurring theme at EUSD. Recall that this is the same district that swindled Encinitas voters into taking on 30 years of debt so they could buy iPads for 4th-graders.

But EUSD management is willing to do more than mortgage our future for a little technology bling. They also want to strip the community forever of an irreplaceable prime asset in order to fund current bloated operating budgets. The Leucadia Blog explains the history of the Pacific View site that EUSD wants to sell to the highest-builder.

Most of the property was gifted to our community in 1883 by one of the early town founders, J. Pitcher. Over the last 128 years the remainder of the property has been meticulously deeded down through several generations until it was finally deeded to EUSD in 1964. It was a gift. There was lots of land available in Encinitas in 1883. These town founders were very particular about this special site on top of the bluff overlooking the Pacific Ocean. They wanted it for the community and its children.

Finally, anonymous commenters at Encinitas Undercover have lots of info (unverified, but believable) on this post, including free preschools for revenue, a sweetheart deal for a Vista farmer, and Tim Baird's background in Ojai.

If you have any information you'd like to share, please e-mail encinitasundercover@gmail.com. Confidentiality is assured.

Occupy Encinitas comes to town

Occupy Wall Street is moving to a new phase as The Man attempts to evict the Occupiers tomorrow.

Meanwhile, in little old Encinitas, some West Coast Occupiers will be gathering in sympathy:

The Occupy Wall Street movement against corporate greed is coming to North County, starting Saturday in with an event in downtown Encinitas.

It's set to start at 1 p.m. at the intersection of Encinitas Boulevard and Coast Highway 101. Anyone is welcome and organizers encourage people to show up with signs and American flags.

"We're planning to march into downtown and we're planned to stay on the sidewalks," said publicist Dave Peiser, a longtime Encinitas resident who runs a computer tech company and an online environmentally friendly products website. "We don't want to get in the way of anyone."

Unlike the Occupy event in New York City, where participants have camped out for weeks to protest corporate greed and the concentration of the nation's wealth in the hands of a few, the Encinitas event will end after the march through downtown.

"There's no encampment planned," Peiser said. "The hope is just to bring the message to North County."

What more could you ask in laid-back Encinitas?

I have a feeling the organizers are the same people who are out on 101 at Encinitas Boulevard on lots of weekend afternoons waving signs for various lefty causes. But they're likely to get a much bigger turnout Saturday with the media publicity from the national #Occupy movement.

For locals who want to go Full Occupy, you can still join Occupy San Diego, where they're camped out at the Civic Center, tents and all. Don't eat the brown acid.

UPDATE: There goes Occupy San Diego.

EUSD Superintendent Tim Baird sues Encinitas

How's this for a Friday afternoon news dump?

EUSD Superintendent Tim Baird, who recently got Encinitans to take on 30 years of debt so he could give iPads to 4th graders, is now suing the city of Encinitas because the council won't upzone Pacific View to turn it into high-density condos and maximize the school district's profit on the sale.

Baird thinks state law requires cities to upzone properties to match the surrounding neighborhood (i.e. from public use to high-density residential). The council thinks it's not that clear-cut. Unfortunately, the city's attorney is Glen Sabine, the genius responsible for both the Barth harassment debacle and the road report fiasco.

HT: Anonymous

Coming soon to the Encinitas Ranch Walmart

Bleach fight at Walmart!

A Saturday morning of shopping turned into an emergency hazmat situation at a Baltimore Walmart where two patrons threw bleach and disinfectant at one another, officials said.

Baltimore County Police responded to a call at about 10:48 a.m. Saturday and found two women fighting inside the store.

The bleach and disinfectant created toxic fumes, forcing the immediate evacuation of the entire Arbutus store, officials told ABC News affiliate ABC 2. It closed for several hours.

Fire, EMS and hazardous materials units were dispatched to the scene, as well as 10 medics.

Nineteen people reportedly received treatment, including three Walmart employees. One person was taken to the Wilmer Eye Institute at Johns Hopkins Hospital for treatment, officials said.

Three Walmart employees were being treated for respiratory problems, a Walmart spokeswoman told ABC News.

Police have arrested Theresa Monique Jefferson, 33, after she turned herself in to authorities, according to the Associated Press.

She has reportedly been charged with first-degree assault, second-degree assault, theft under $100 and malicious destruction of property. She is being held on $350,000 bail.

The brawl was a result of an ongoing dispute between Jefferson and the victim because the victim's boyfriend is the father of Jefferson's child, according to the AP.

Police spokesman Shawn Vinson told the Washington Post that Jefferson initiated the attack when she followed the victim into the store.

For Walmart's part, "this is obviously not the type of behavior we would expect from people at our stores. We apologize for any inconvenience this caused to our customers," the spokeswoman said.

Walmart closed the store for several hours to clean and ventilate it.

Toxaphene Manor update

Those Toxic Avenger houses on Hymettus are selling like hot yellowcake.

From Jim the Realtor:

Things that make you go hmmm...

What kind of corporate shit-for-brains does a major remodel on a Vons grocery store in one of the most health- and environment-conscious communities in the U.S. and doesn't even install a single bike rack?

Mark Muir for city council?

The grapevine is abuzz with talk of Fire Chief Mark Muir wanting a city council seat. It's no secret. He's long been eyeing political office after he cashes out from the Fire Department with his six-figure pension.

Muir is a well-known political ally of Jerome Stocks, and if the Stocks majority wants to put Muir in Maggie Houlihan's seat, well, they have the votes to do it. The only thing that might stop them is that they fear public backlash.

Will you be there at tonight's special council session?

Cardiff Kook joins #OccupyWallStreet

The Cardiff Kook has joined the nationwide #OccupyWallStreet movement, supporting the local San Diego arm, oddly enough called Occupy San Diego.

I fully support the motivation behind #OccupyWallStreet, to hold accountable the dirty banksters, the crony capitalists, and the Dirty Fed who destroyed our economy. But it looks like these kids are a little bit clueless about who the bad guys are.

Vulcan Puncture Path cleared of goat head thorns?

In recent years, the City of Encinitas has discouraged cycling by allowing vicious goat head thorn weeds to grow along the 101 and Vulcan bike paths.

Thanks to the efforts of Leucadia local Russell Levan (and possibly other public or private groups unknown), the puncture paths appear to have been largely cleared of weeds. Encinitas Undercover operatives have walked long stretches of the puncture paths without seeing the weed or getting thorns in their soles. And now, like the flies returning to Del Mar, bicyclists are returning to the bike paths.

Go to a dark beach tonight for an epic red tide light show

If you haven't seen the red tide at night this week, go now. Find a dark spot away from street and house lights.

The red tide is incredible. The whitewater of breaking waves glows a bright neon blue.

Photo from UK Daily Mail. This picture looks like it was taken with a long exposure. To see the effect best with the naked eye, wait until full darkness. You'll notice the brightest part of the glow moving along the leading edge of the breaking wave.

Encinitans speak out against Walmart

NCTimes:

Some people may not like it, but Walmart has met Encinitas' code requirements and there is nothing city officials can do to revoke the company's permit to use the old Home Expo building, council members said Wednesday.

They made their comments after seven public speakers said Encinitas dropped the ball when it issued Walmart a permit Sept. 6 to use the building on the northeast corner of Leucadia Boulevard and Garden View Drive.

"Who's running the government here?" asked Walmart opponent Joann Hoffman. She said city staff members didn't make it easy for people like her to learn that Walmart had been issued a permit for the Home Expo site.

Also, she said, no one informed her that once that permit was issued she would have 15 days to appeal the decision. Fellow Walmart opponent James Cowles, who lives within walking distance of the Home Expo building, said it was "very telling" that Encinitas only grants people 15 days to appeal a building permit decision, while state law says that time span can be up to 90 days.

Teresa Barth has the key takeaway: it's all about the General Plan. If you think one Walmart is offensive, wait til you see what the Planning Department wants to do to all of El Camino Real. If you don't start showing up to every General Plan Update, don't complain in fifteen years when it looks like Irvine South.

My, how times change. I can remember when you had to drive all the way to Escondido or Kearny Mesa for a Target. Now we've got Target, Walmart, Big Lots, pawn shops, and check-cashing stores all right here in little Encinitas.

Coming soon to Encinitas: People of Walmart. And it's going to be walking-distance to Encinitas Ranch! That's got to be good for property values.

People of Walmart coming to Encinitas

Jon Horn has the story.

I wonder if they'll go for that upscale Walmart model or if we'll get the standard shotguns n' Cheetos version.

Bicyclist Todd Caulkin hit at Encinitas Blvd and 101

Patch:

A bicyclist was seriously injured at about 12:45 this afternoon after being hit by a car at the intersection of Encinitas Boulevard and Coast Highway 101.

The bicyclist, identified as 40-year-old Todd Caullkin, was struck after he made a left hand turn in front of oncoming traffic on Encinitas Boulevard. He suffered serious injuries and was transported by helicopter to a local hospital for treatment, according to a statement released by the San Diego County Sheriff’s Department.

Sounds like the cyclist was at fault from media reports. There's a little confusion about his name. Other media outlets are saying "Todd Caulkin" with one L. Both spellings are uncommon and there are no people by either name listed in several online directories.

Given that the cyclist was turning left, he's not likely one of 101's Clown-Colored Men in Tights. More likely a guy on a cruiser headed to the beach. And given that he turned in front of oncoming traffic, he was likely distracted or inebriated.

Everyone hates the Encinitas General Plan Update

Most Encinitans aren't even aware of the "General Plan" or the update thereof. The Powers that Be hope to keep it that way.

The General Plan is the document that defines whether or not you will have a four-story (or higher) apartment building built in your neighborhood. The "update" that the city is trying to sneak through is a developer's wet dream, removing height and density restrictions left and right and saying "To Hell with gridlock on El Camino Real and Encinitas Boulevard, we're building to the sky!"

The city staff, trying to pull the wool over residents' eyes, hasn't released a concise report of proposed changes to the General Plan. Instead, they've been sending out bullshit marketing pieces long on fluff and short on specifics.

The usual Greens and NIMBYs are obviously opposed to turning Encinitas into Irvine South. But this abomination of a General Plan Update is even drawing opposition from the New Encinitas Network, long thought to be pro-developer. NEN's Mike Andreen via LeucadiaBlog:

The City of Encinitas believes that the residents and business owners of NEW ENCINITAS have 'signed-off' and approve of this new general Plan 2035. We believe 99% of you never heard of this plan and certainly would not approve...

Should you choose to read the elements of the ‘draft’ General Plan 2035 for yourself? Here is a Link:
http://www.encinitas2035.info/Content/10040/DraftGeneralPlanElements.html

Should you choose to express your opinion on any or part of the ‘draft’ General Plan 2035, feel free to contact your elected official.
Mayor: James Bond .......................633-2623 jbond@CityofEncinitas.org
Deputy Mayor: Jerome Stocks ....633-2622 jstocks@CityofEncinitas.org
Council Members: Teresa Barth .....633-2620 tbarth@CityofEncinitas.org
Kristin Gaspar........................633-2624 kgaspar@CityofEncinitas.org

Feel free to call us with any questions; 760 683-4290

If the Leucadia Blog and Mike Andreen agree on this, there's something rotten at City Hall. Please call your elected officials, or better yet, speak up at the meeting.

Police commotion downtown

Lots of sheriffs at Classic Car Nights and a police helicopter overhead broadcasting, "Sheriff's Department... Stolen vehicle suspect... White male... 47... Baseball cap... Black beard... Long Ponytail"

Monster House Suzy Brown gets no jail time

Steal a million bucks worth of stuff, get a $968 fine.

U-T:

A woman accused of stealing $1 million in fixtures from an Olivenhain mansion that became known as the “Monster House” pleaded no contest Monday to a misdemeanor grand theft charge in Vista Superior Court and will serve three years’ probation and pay a $968 fine.

I'd imagine there are more courtrooms in Suzy's future. The Monster House investors can't be happy that she sold it as a rehab center when she didn't have the zoning for it. And then there's that whole "Suzy Tesla" thing. But I wouldn't bother suing her. I suspect it's blood from a stone at this point.

Cardiff ain't the only Kook in Encinitas!

Rally for the Madonna

Read all about it on Facebook.

Mon Sep 12 from 5:00 pm to 6:00 pm

Encinitas City Hall
505 S. Vulcan Avenue
Encinitas, CA

Artist Mark Patterson will be speaking to the Arts Commission as the first step in the process of placing his gift of art to the city in a small park at the northwest corner of the intersection between Encinitas Boulevard and Highway 101. Eventually the city council will be voting on whether to approve the application. The five council members will need to know that the public supports placing the art at the park. However, because the land is officially part of Moonlight State Beach, the application will also need approval in Sacramento. And as I'm sure you know, politicians feel better voting for something that has strong public support. If you can't make it to this meeting, there will be another event when the matter is placed on the City Council agenda. Or you can send an email expressing your opinion to all the council members by using this address: council@cityofencinitas.org More information: http://www.signonsandiego.com/news/2011/sep/09/surfing-madonna-proposal-faces-wave-red-tape/

Blackout!

A little reminder that you need to be prepared, eh?

- Water
- Food
- Flashlights, batteries
- First aid gear
- Self-defense mechanisms of choice
- Cash and/or barter goods

Are you prepared?

Motorcyclist down on 101

At Cardiff State Beach:

Surfing Madonna Switcheroo

You thought the Madonna would be put up on private property at Captain Keno's or Surfy Surfy? Not so fast.



The artist and a nonprofit group will make a formal public art application to put the Madonna just across 101 from its original location, overlooking Moonlight Beach next to the Moonlight Lofts.

Jerome Stocks still goes on and on about the danger of having a "religious" image on public land. For Mr. Stocks' reference, I include the relevant portion of the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

Never has the Supreme Court held that displaying art that contains religious or cultural references is an "establishment of religion" by Congress or anyone else.

Funny which kook costumes the city leaves up

Today's Labor Day kook costume was put up Thursday night. It's a competent, if rather pedestrian, homage to American Labor. The city unions and their council lackey Jerome Stocks decided to leave it up for at least two days, and probably for the long weekend as well given city work hours.

Contrast that to the treatment the far more beautiful, elaborate, and creative Madonna Kook got. It was torn down by early afternoon of the same day it was put up.

It's gettin' kinda sharky out there in Cardiff

Courtesy of our Cardiff-loving Carlsbad buddy Left Coast Rebel, this pic from yesterday at Cardiff, which has been authenticated as a great white by experts who talked to Channel 8:



No mention of whether any of the surfers noticed it. Anybody hear?

Does anyone else find it oddly reassuring that this dude's been cruising up and down the coast for weeks and hasn't felt like chomping a surfer or a swimmer?

Moonlight Beach body identified as Jose Luis Quiroz

San Diego County Medical Examiner:



The Medical Examiner doesn't list a city of residence, but a Jose L. Quiroz with the same birthdate is listed as a long-time resident of a trailer park at 440 Van Houten in El Cajon.

Insane in the Membrane? Michael T. Pines faces competency hearing

Many people who have had run-ins with Encinitas foreclosure attorney Michael T. Pines (no relation to La Jolla personal injury lawyer Michael Pines) would agree.

Union-Trib: Judge doubts Pinesy's mental state.

Criminal proceedings against a controversial foreclosure attorney from North County have been suspended after a Superior Court judge expressed doubts about his "mental competency," said officials with the San Diego County District Attorney's Office.

Judge Runston G. Maino has ordered a Friday hearing to determine whether Michael T. Pines, who advised clients to retake possession of their foreclosed homes, should undergo a mental evaluation to see if he is fit to stand trial.

"The hearing judge expressed a doubt as to Mr. Pines' competency," said James Romo, the prosecutor assigned to the case.

Judge Maino has appointed a lawyer to represent Pines for "the limited purpose" of Friday's hearing, Romo added. If Pines is found mentally competent to stand trial, then the preliminary hearing will be set for Sept. 6.

Of course, a common indicator of insanity is the denial that one is insane:

Pines, 59, calls the judge's order "a delay tactic," saying he's an experienced attorney.

"They're trying to get more time because they realized they have no case," he told the Union-Tribune on Monday.

The judge might want to consider Pinesy's letter to the state bar and his lawsuit against banks, cities, the county, the state bar and others. They contain subtle indications of BATSHIT FRIGGIN' CRAZY!

Encinitas - Solana Beach gang war heats up

Read all about it at Patch.

Sheriff’s deputies arrested four men on S. Coast Highway 101 in Encinitas Saturday night suspected of threatening people with a gun and firing a shot into a moving vehicle in Solana Beach, according to Sgt. Thomas Yancey.

At around 11 p.m., deputies were called to Hernandez Street in Solana Beach for a brandishing-a-firearm report. Residents said four men spray painted gang graffiti on a house, threatened a man and two young children with a gun and shot at a vehicle driven by a local resident, shattering the driver’s window but causing no injuries, according to Yancey.

Witnesses reported that the suspects were driving a black Honda, and deputies in the area on a DUI detail saw a vehicle that matched the description and conducted a high-risk stop on S. Coast Highway 101, according to a sheriff’s report. 

Four suspects were identified, arrested and booked into Vista Detention Facility for various charges including weapons violations and conspiracy. The names of the suspects were not released.   

Nice work by the sheriffs to catch these guys.

Surfing Madonna to appear at Leucadia ARTwalk

Meet the artist and admire the beautiful work that so traumatized the control freaks on the City Council. 10am - 5pm.

KPRI plays the Toxic a-Ventures

Indie radio is a tough business these days. So tough that you might be tempted to sell out. So tough that indie station KPRI is hosting a concert tomorrow for the "City Ventures" developer building houses on toxic waste.

If you want to pay outrageous prices to raise a family on pesticide-contaminated land on Hymettus, be my guest. But why an indie radio station would support this is beyond me.

Dead body found at Cottonwood Creek

B Street (the western continuation of Encinitas Boulevard) is closed and there is crime scene tape all over Cottonwood Creek west of 101 near Moonlight Beach.

Sources tell Encinitas Undercover that a dead body was found in the bushes. Maybe a homeless person died of natural causes, but this is an awful lot of police and crime scene tape and media for natural causes. Was it a murder?




Sheriff deputies confer on the trail between the tennis courts and Moonlight Lofts.



The view from Second Street.



Watching the detectives: the cars parked facing the wrong way on the opposite side of the street appeared to be legions of plainclothes detectives. The white van on the left is the coroner van.



UPDATE: NCTimes' Morgan Cook says it was a man, and looks like natural causes.

Jesus Christ weighs in on culture of secrecy at Encinitas City Hall

John 3:19-20:

And this is the condemnation, that light is come into the world, and men loved darkness rather than light, because their deeds were evil. For every one that doeth evil hateth the light, neither cometh to the light, lest his deeds should be reproved.

Hey, who am I to argue with Jesus?

Toxaphene Manor update

Jim the Realtor has a video update on the Toxaphene Manor development on Hymettus as well as Rancho Tyvek Estates on Sheridan.



Rancho Tyvek Estates start at $1.145 million for 3245 square feet. And remember you get a tiny lot because of the damned density bonus. I'm not sure yet whether the low-income housing will be on-site or dumped on Vulcan like everyone else.

Toxaphene Manor on Hymettus will start in the $900,000s, and you'll be sleeping, eating, and breathing just seven feet above toxic dirt full of carcinogenic pesticides. Will that affect buyers' enthusiasm? Check the comments at Jim's blog and see.

Mean town: Leucadia beatdown

What's wrong with the kids today?

A well-known surfboard maker suffered a broken jaw after he was viciously attacked and beaten in Encinitas on Sunday.

Mark Wisdom told 10News he was walking across the street near the corner of La Veta Avenue and Marcheta Street at about 3 a.m. Sunday.

"This was just brutal and it was violent," he said.

Wisdom said he was beaten with one blow after another with some type of board. He said the blows were so hard and so fast that there may have two attackers.

"It was so forceful that I literally went down just to protect myself in a fetal position," he said.

Wisdom also said he kept saying his name, hoping if it was a case of mistaken identity, the attackers would stop.

Then, he said he heard a voice.

"I heard a female's voice saying, 'Stop, you're going to kill him,'" he said.

Wisdom's face was fractured in several places and needs six titanium plates during reconstructive facial surgery.

Several years ago, Wisdom said he left his corporate job to follow his passion and create surfboards like his father did when he was younger.

Though he followed his passion, for Wisdom, it meant giving up a steady paycheck and health insurance.

Now, he said he cannot work because shaping boards requires wearing a mask. Wisdom believes the vicious beating is random because the attackers did not take his wallet or the money inside it. Wisdom is confident that sheriff's deputies will find who is responsible.

"We don't need someone like this in North County doing random acts of violence," he said.