... then why do they allow party buses to idle for hours outside Encinitas bars?
Photo taken in August 2013, after the city council decided to rely on self-policing by Encinitas bars
Tuesday, August 20, 2013
Things that make you go hmmmm....
If the city council is so concerned about Global Warming that they send our tax dollars to the UN's high-density-advocating ICLEI....
... then why do they allow party buses to idle for hours outside Encinitas bars?
Photo taken in August 2013, after the city council decided to rely on self-policing by Encinitas bars
... then why do they allow party buses to idle for hours outside Encinitas bars?
Photo taken in August 2013, after the city council decided to rely on self-policing by Encinitas bars
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You're so active,form a band of vigilantes and tow them .You are
ReplyDeletePart of the problem not the solution.this item come's back to council
Very soon I think 8 28 and at present nothing can be done .More
D WORK WCV. We may have to hold you back a grade
1) You can't vigilante tow an idling party bus. First, you'd get sued if not arrested. Second, as soon as you get a giant tow truck and try to hook it to the party bus, the party bus driver moves it away. Duh.
Delete2) Why didn't the city get a commitment from the Hospitality Association to stop the most offending practices in exchange for dropping the moratorium and other heavy-handed ideas? And why doesn't the EHA have enough respect for the city and the residents to do that in the first place? Idling party buses were repeatedly mentioned as one of the neighbors' big issues.
"Nothing can be done?"
D WORK, my friend.
I can answer the second question. Because, Marco Gonzales is head of the Hospitality Committee and he is all over the place with lawsuit after lawsuit. Change out Marco with someone who cares, as he apparently doesn't.
DeleteCouncil definitely shakes in its collective boots every time Marco mouths his go-to word, "lawsuit." Even Sabine won't utter an opinion without first checking Gonzalez' body language first. Pathetic on both counts.
DeleteIt's even worse than that regarding Marco and company. Check into the connections.
DeleteInteresting how Marco is getting taxpayer improvements in front of his building when there is no money to fix storm drains or repair failing roads.
DeleteThis comment has been removed by the author.
ReplyDeleteHow much money per year exactly are we giving ICLEI? I remember in the early 90's the city had stocks in a big tobacco company. That went over like a gasious smell in church.
ReplyDeleteProbably better a limo full of partiers than 12 more parking spots to rob. Not to mention more DUI's. The taxi biz is getting tough for one guy I know with all the competition thats cropped up in the last few years. No wonder the city raised their fees to do business here.
How much money per year exactly are we giving ICLEI?
DeleteI recall somewhere in the neighborhood of $10,000 a year I think.
I remember in the early 90's the city had stocks in a big tobacco company.
Well, that's the brighter side of being broke, I guess! We don't have any investments in anything!
The council is concerned when Gus tells them to be. The $$$ in his eyes tell them to sit on their hands and let the so-called hospitality committee go through the motions while Gus and the council tell us to "give them a chance."
ReplyDeleteThey blew their first chance with their community outreach that was designed to reach no one but hey, Gus will tell the council when their chance is over. Don't hold your breath.
Don't forget who was Director of Finance before she got pregnant and married Sabine.Do we really even know what we have and don't have. There has never been an independent audit of this City.
DeleteDidn't Teresa Barth used to say that she was going to fire Sabine and even Vina to certain people, and then to others she said that we had to "give Vina a chance." Why do people like Vina and the so-called hospitality committee keep getting second chances?
DeleteICLEI donations will not end anytime soon with Barth and Shaffer pushing their new world order on the city, either.
ReplyDeleteI would make the bars/restaurants that stay open after midnight pay for extra security on a prorata share based upon capacity; institute a party bus permit that costs some money - no idling or fine, let them park at the coaster areas at night; hire a clown dressed as .....wait, no, that backfired on someone before; restaurants/bars smart enough to court the good favor of locals should have locals only night discounts at least once a month
ReplyDeleteExcellent solution. Maybe not the clown, but the rest of it is logical and it doesn't punish the establishments that try to do the right thing.
DeleteThe problems start earlier in the evening.
DeleteThis idea makes a lot of sense - let those responsible for the problems chip in to help.
DeleteBetween 10pm and midnight, the costs are divided by more restaurants and bars so would be shared by more. After midnight, well, whoever is serving is who is paying to fix the problems they cause.
Now that's Chuzpah
ReplyDeleteThings that make you go hmmmm....
ReplyDeleteThe Rotary club is forecasting 7200 kids will play soccer on fields in Encinitas during the 3 day Rotary club tournament next year? That includes the fields on the Hall property regional sports complex. On the Council agenda tomorrow.
No mention of what it will cost the taxpayers.
How many on Council belong to the Rotary?
First of all, I don't believe there will be individual kids here. Maybe someone is counting each player in each game?
DeleteThe council and Gaspar began talk this year of raising fees on youth sports and sporting events at the 'community parks' for groups of 25 or more.
DeleteThis is a money making scheme for Rotary. They will run a revenue split with the city. Rotary will take a % of the profits and windfall of the events. I suspect people like Roger Bolus and the Gaspar's or other people from Rotary who put on the event- Tom Cousin's possibly, will seek to get a slice of the revenues..............this is opinion I share, not fact.
Of course taxpayer's who were plundered to pay for this sports park are being screwed again.
Would make sense in the name of open gov't and transparency for anyone so moved to ask council for an accounting of the arrangement. Move it out of the realm of wonder and rumor and into accountability.
DeleteBarth reads this blog and should be prepared to back up her campaign promise "Trust & Transparency."
Can you please tell me where you heard that the Encinitas Community Park will be used for the Rotary Club tournament? I will check it out.
DeleteThe rotary is why we have a regional sports park being built instead of a community park.
DeleteI like a good crony capitalism story as much as the next guy, but Rotary is a purely volunteer organization and I can't imagine any Rotarians actually trying to profit personally from event revenues.
DeleteThere is no "revenue split". There are field use fees. Its a shame that the fees are going up. We already pay taxes for our parks. The whole community benefits from having kids actively involved in sports programs. Programs that need fields.
DeleteThe Rotary Cup has been going on for over 20 years. There is no "scheme". No "windfall". No back room deals. Taxpayers were not "plundered". You may feel that you were, that's your right. But the community wants a park with sports fields (and skate park, and dog park, and hopefully an aquatic center and teen center someday). The community voted that way (twice).
Its been a long time coming and i'm looking forward to the park opening next year and kids playing on what's been a vacant lot for too long.
-Not The Sculpin (but agree with him on most issues)
There is nothing to "check out". Of course the local sports clubs will be applying to use the fields at the park. Just like they do now with other city park fields (Leo Mullen, Cardiff Sports Park, etc).
DeleteConsidering the long history of city shenanigans, this should be something we check out. It will be a pleasant surprise to find it all above-board, but the city has hardly earned our trust to assume all is kosher.
DeleteAgreed WCV.
DeleteUnless by "profit" you mean feel good about raising funds and spreading them to deserving groups and individuals.
http://www.clubrunner.ca/encinitas
What are the field use fees charged to the soccer groups? Last account was zero, zap, nada compared to other types of sports organizations.
DeleteAs well they should be..
DeleteThe proposed fees for next year are:
http://www.ci.encinitas.ca.us/modules/showdocument.aspx?documentid=2917
"The community voted that way (twice). "
DeleteThere was never a vote. The design was changed from what the Community Input Map indicated that the community wanted a community park, behind closed doors to "maximize sports fields", when the council dictated what Rotary wanted. The only vote was council 3-2 vote for a regional sports park.
What a give away. 5 or 10 dollars an hour. Heard the schools are charging at least $50 for use of their fields.
DeleteThe city considers a minor event any group from 25 to 499 people.
Sorry 11:54, but the initial map that I was a part of always had sports fields, skate park, aquatic center, etc. From my perspective the park is pretty much being built as it was intended to be. The community voted when they re-elected Stocks et al twice. At this point, the horse has left the barn. Time to move on. And if anyone thinks people make any money from soccer, they're crazy. Coaches probably make the most and it's not a living. Everyone else in the chain works for free or pours it all back into the effort. It's a real labor of love - sorta like horses...
Delete- The Sculpin
Encinitas soccer league has a gross annual income of over $600,000 and total assets of $100,000 plus.
Delete1:02 - That's revenues of 600K, not net income. If they cleared 600k a year they would have far more in total assets.
Delete- The Sculpin
1:02pm. Assets? What, half-deflated soccer balls? You know not of what you speak.
Delete2:25 PM
DeleteEncinitas Soccer League - 2012 IRS form 990 - gross annual income of over $600,000 and total assets of $100,000 plus.
Ah, got it 7:22pm. Misunderstood assets to be non-cash items.
DeleteWith a nearly $40K loss last year, $100K doesn't look so great.
Kristin Gaspar is the only one she is the ex president
ReplyDeleteWCV
ReplyDeleteEvery thing you say is true,then I suggest you're post wsa stupid .
Never ask a question you don't have the answer to and my friend
You have any answers. D WORK You're part of the problem,
8:53 PM
ReplyDeleteThe party bus is calling to take you home.
I'm just mad I'm not in that party bus.
ReplyDeleteSaw a bunch of drunks out last night downtown with a few getting popped for DUI
ReplyDeleteOuch... DUI = $10,000 plus all the pain.
Revitalization feels goooooood.
Deletetime was about 10 pm.
ReplyDeleteFinally, maybe the sheriff will get involved as they should have from day one.
ReplyDeleteWCV
ReplyDeleteYou have great questions but not many answers .You should run for council
That big mouth would fit rite in.We could call you JEROME JR.
Hardly. Jerome had neither questions nor answers, just figuring out how to shovel favors to friends.
DeleteIf we ask the right questions, the answers should be obvious.
DeleteI see City Manager Vina's political operative is at work, or is it Gaspar and Barth's operative Andreen, or maybe it's just good old Jerome
DeleteYou can tell the election for 2014 is around the corner as Gaspar and Barth's handlers are now not only content to try and discredit speakers they now seek to stifle and discredit a well regarded blog and WCV-
Word is Barth makes her own posts here.
DeleteLynn,
ReplyDeleteSome one should tell Lynn .If you can't take heat you need to stay out of the
ReplyDeletekitchen
Doesn't matter what you tell Lword.
DeleteShe doesn't have the ability to listen. She can only jabber. Its like a one way valve.... you know, like a _____.
Using global warming to bitch about bars. This blog is reaching new levels of ridiculousness.
ReplyDeleteThis comment has been removed by the author.
DeleteMy take take away is that this story hightlights the hypocracy in their stated values and policies in contrast to the way that these policies are carried out.
DeleteI fail to understand how having thousands of weekend drinkers from surrounding cities converge on Encinitas, whether on the party bus or driving themselves, prevents global warming.
The position that high density is environmental, and that late night bars "revitalize the city" are nothing but excuses for Gus Vina to degrade Encinitas for profit.
WCV has a anon blog and he is also anon all though some people think he is Kevin Commins and Barth is at a council meeting as I type so it's just me .I think WCV
ReplyDeleteIs a phony the worst kind no solutions only .bogus crap like this.I call B.S.
And yes LYNN is at the council meeting and has spoken on every item and oral
ReplyDeleteComm. 15 min of nothing very sad
You want to watch something ridiculous?
ReplyDeleteWhat City Council gobble up the words from a guy who was in charge of Stocken and Sacramento Finances and they screamed towards bankruptcy.
One thing for certain, Sad Sac is about to get a pension at $220,000 per year forever in about 1.5 years for some really shitty performance.
"Lets see, how can I shift the Council's focus off my lack of positive leadership and all the issues at City Hall?" -- I got it! A strategic planning program that will take me to my goal of retiring and waste all the citizens time talking about the same values issues, while they don't focus on the financial issues."
"Thats my best scheme to date and City Council is Clueless!"
6:49 ... spot on. You nailed it, now the citizens get to drive on decaying roads and pay for future failing infrastructure while the pension hogs live pretty.
DeleteOink oink! I want a fat pension like sad sac!!!!!!!
ReplyDeleteI want to know when just one person on the council is going to wake up and refuse another cup of kool aid. Nothing seems to slow their blind faith in his mysterious strategic plan.
ReplyDeleteHow many times last night did they ask for something to go into the black hole of "future agenda items"? That must be their new marching order from Vina: any issue comes up, say you'll consider it for a future agenda.
The weirdest by far was Shaffer's at the beginning of the meeting when she made that suggestion for the no-brainer warning signs not to leave children or pets in the car in the summer. Even Barth cut her off and said just do it.
How about the 'Ethics in Business' Deputy Mayor admitting last night that she has been breaching city 'confidentiality' by leaking private financial information learned from 'closed door' City Council meetings to her coterie: and while no one was surprised by Shaffer's having to admit that she knowingly broke the law and got caught this time (How ethical) but that the person she was conniving with is none other than Lynn Marr!? Is Lynn actually carrying water for Shaffer? And has been all this time?
DeleteAnd, while we are at it, how come W.C. is more interested in Limos than Shaffer's mea culpa?
Because he is in league with Shaffer?
Such balance in the reporting....Jerry Lewis...
Truth IS stranger than fiction!
Plus, thank you, Tony for not joining Barth and Shaffer in their attempt to borrow $13 mil to purchase that tiny school location and borrow the City's tax payers up to the absolute limit.
Didn't see it. Tips are always welcome at encinitasundercover at gmail dot com
DeleteWCV
Watch for Shaffer's next newsletter that will manage to plead for understanding and patience while at the same time blame the messenger. It's coming, she never fails to disappoint.
Delete1:51- Always nice to have Andreen back in the house.What developer will you be serving this time to help transfer the "tiny school" from public to private hands.
DeleteYour former friend
1:51- Always nice to have Andreen back in the house.What developer will you be serving this time to help transfer the "tiny school" from public to private hands.
DeleteYour former friend
To Anonymous at 1:51 pm:
DeleteNice try at Lynn bashing. Evidently you are not gentleman enough to give her credit for revealing in Oral Communications that Lisa Shaffer had breached the confidentiality of closed session and spilled the beans that the two Pacific View appraisals came in at $3.5 million and $7 million. Lisa did this in an email to another anonymous citizen. After Lynn spoke Lisa was forced to admit her error and apologize. Lynn also revealed that city manager Gus Vina had given the same information to Dody Crawford at DEMA. Gus sat there silently with no apology.
The council discussion that followed did not use the exaggerated price of $13.5 million floated by Superintendent Tim Baird, but the $7 million figure offered to Art Pulse. Even this doesn't jive with the two appraisals which are wildly apart.
Financial Director Tim Nash actually gave a balance analysis for financing the land purchase, using both end-of-year balance surpluses (about $5 million over 6 years) and borrowing $3.3 million. Of course, this doesn't include any infrastructure improvements, but this is where the public would come in. Tony hardly nixed looking into making a deal with EUSD.
Hello you sound informed 4:38 please explain, the appraisal is 3.5 To 7M. Can residents buy it under the Naylor Act for 30 cents on the dollar? This sounds like a great buy for citizens if the city can buy between 1-3M in my opinion
DeleteThe EUSD would never go for that without a fight. One set of civil servants suing a different set of civil servants and the citizens pay the bill. Good times.
DeleteWas thinking the school property could also offer soundproof rooms for musicians to practice in to help pay it. You know, instead of your neighbor's thin walled garage.
DeleteFour years ago the Pacific View property was appraised at $1.9 mil. Dalager/Stocks claimed that there was a dollar a year deal to park city vehicles on the playing fields that supposedly nullified the Naylor Act. But there is NO paperwork on the deal. The City should pursue their Naylor rights and buy it for .25 cents on the dollar. There is a b.s. Opinion piece from the NCT by Cathy Regan covering the lie. Look it up.
DeleteFeel good nonsense on the part of Schaffer, anyone that's cares for their children or animals already knows to not leave them in the car in the sun. Anyone that leaves their children or animal in the car in the sun won't care about this nonsense, they'll do it anyway.
ReplyDeleteWhen will Schaffer address the outrageous salaries and pensions?? Leaving my dog in my car won't bankrupt the city but pensions can, are and will.
Kinda like the Council thinking anyone in Washington cares about their opinion on banning guns or repealing the First Amendment with respect to campaign speech.
DeleteWCV
Dump Schaffer.
ReplyDeletePLEASE HELP,I went to the city website to look at the cities financial info. A PDF came up that was pretty much useless.I could only see the table of contents.I was unable to scroll or search for pages.Perhaps I'm an idiot.Please prove me right.
ReplyDeleteThe Cabezon
PLEASE HELP,I went to the city website to look at the cities financial info. A PDF came up that was pretty much useless.I could only see the table of contents.I was unable to scroll or search for pages.Perhaps I'm an idiot.Please prove me right.
ReplyDeleteThe Cabezon
What is The Leucadia Club ?? What is their purpose?? All male?? Transgender??
ReplyDeleteWho is a member, what will the do ??
I had been out of the "kitchen" of regular council meetings for five weeks; I'd like to stay away more. I'd just made that statement to some folks, so I can narrow down who posted that comment.
ReplyDeleteSomeone here also said to "put up, or shut up." I did "put up" and put out there that it was revealed by Dody Crawford at the PV Meeting at the Library on August 12 that Gus Vina had shared the appraisal numbers of $3.5 Million and $7 Million. I remembered I"d seen them somewhere before, searched and found it was in a City address public document e-mail from Lisa Shaffer that had "played forward." Strange how Dody Crawford was at the library meeting, but not at Wednesday's Council Meeting to speak on Envision the View?
While I truly appreciate the Envision the View plan and all the work that went into it, Dody got grumpy when I mentioned there was a conflict on DEMA with DeWald being on the Board of Directors, and the one whom Tim Baird, on behalf of EUSD, had gone into Escrow with, along with the "shell" entity, Art Pulse through April Game. The development escrow agreement collapsed when DeWald couldn't be assured that Council would rezone PV. Teresa Barth basically stated the city would begin the process of rezoning, once the lawsuit was dropped. But there was a time squeeze, and it didn't happen before the elections. Meanwhile, fortunately, some good people in this City organized, worked hard, and were able to pass Prop A. Hooray!
Anyway, I mistakenly said, at the August 12 meeting, I thought DeWald had been President of DEMA at the time when the request for proposals was put out, for proposals WITHIN PUBLIC SEMI-PUBLIC zoning. The DeWald/EUSD/April Game Escrow was for development NOT within the public domain, but which would have privatized the land, for short term profit, and loss of an irreplaceable public asset.
Also, Dody Crawford was under the mistaken assumption that EUSD could still sue to change the zoning. NOT! That lawsuit was not on solid ground to begin with. Sabine is NOT a land use expert and he can't seem to understand Government Code.
Actually, DeWald's now Vice President of the Board of Directors of DEMA, but in 2012 he was named Director of the Year, according to an article in the Coast News.
I brought the appraisal figures up, not to chastise the City Manager and Deputy Mayor, but because the public SHOULD BE INFORMED. I brought it up, not during oral communications but regarding saving Pacific View, something I've been working toward since the first community meeting by EUSD Superintendent Devoir, when he proposed a Starship Enterprise styled monolithic development, with private offices and a few public offices, in the same zoning, that was completely out of character with the neighborhood, and never went down.
Neither did any of the rezoning attempts by subsequent Superintendents King and Baird, thank goodness.
Again, real property negotiations CAN be held in closed sessions, only as the "negotiations" are directly related to price and terms, but they DON'T HAVE TO BE. I feel greater transparency would result in better prices for the public, not worse. If there had been more transparency in the Mossy Property Deal, where sits our public works yard, the City could have purchased it for LESS, not more, as it had been on the market and there were no takers. That property was bought by Mossy in 2002 or 2003 for $3.8 million as I recall. It sold in 2006, without an appraisal that the public could see, for $9.5 million. Then we dumped a lot more cash into it to make it ADA compliant. It was allegedly, according to Dalager and Stocks, "turnkey" at $8.5 Million, but another million was tacked on for the "structures."
DeleteMeanwhile, when the previous SDWD public works yard was taken from us ratepayers, with no appraisal and no process of eminent domain, only a $1 million credit was given for the ocean view land. NO CREDIT was given for the structures of our historic SDWD headquarters. That $1 Million credit and $3.4 additional million dollars were taken from SDWD reserves, for rights of use, only at the Mossy Public Works Yard, whereas before, SDWD was making $10,000 a year renting out its public works yard to the City. We SDWD ratepayers had before owned our headquarters and public works yard, outright.
We are now going to have an across the board raise in SDWD rates, including water meter fees, a regressive tax, at 8.5% for the next two years, and more raises in rates scheduled after that, for a total of at least a 30% raise over the next five years. Had we SDWD ratepayers still had our $3.4 Million in reserves, would these steep rate increases be necessary?
Anyway, I brought up the revelation of the appraisal amounts in this case NOT because of any breach in confidentiality, but because I think independent appraisals of public land should be public documents. My statement was that those figures should have been in the PV Agenda Report. In this case, Vina and Shaffer did the right thing to tell the public what the numbers were. Shaffer did the wrong thing to apologize, probably at the behest of Mayor Barth who seems, like our "non-excellent" City Attorney, to now be using the Brown Act and the CPRA for their loopholes, instead of the State Legislature's intent, which is open government, greater transparency and trust, and in this case, a better financial accounting for the public.
Excellent explanation Lynn, please consider sending the simple summary to the coast news as is so all might see the price and the failures of leadership
DeleteDody was out of town enjoying her first grandchild's birth. As usual Lynn, you are full of hot air. Thank god the Macy's Day Parade is right around the corner and you'll head for the east coast and semi-employment.
DeleteMy eyes are tired from reading Lynn's 1 am+ explanations and my head is spinning trying to comprehend it all....thank God we have plenty of places downtown to get a drink, cause I need plenty of booze after those ravings.
Delete10:15 I have concluded your constant demonizing of Lynn is because you are a paid troll by either the city or developers to try and silence a truth teller.
DeleteLynn is shining the light my friend, backed by facts. You on the other hand can only name call. Do you got any facts, or only fear, envy and greed?
I said nothing against Lynn. Your blinded allegiance is admirable but misguided. Try again sucker.....
DeleteAnon11:10- you are nothing but a paid troll to bully those with an open mind but opposing point of view than that of Lynn.
DeleteHorseshit makes the grass grow greener and I'm sure your from lawn is iridescent.
11:57 I am 11:10, I demonize no one. I ask that they who demonize Lynn provide at least one fact the group can consider instead of name calling or character assassination. Do you have any as it pertains to Lynn's factual revelations of the appraisal of PV?
Delete11:44 if you are also the post from 10:15 then you did speak ill of Lynn by referring to her truthful factual accounting as 'raving'.
Thanks Lynn for keeping them honest. I can see why paid trolls from the city or developers would be trying to discredit you, they are afraid of the bright light you are shining on their mismanagement and malfeasance.
How much are you
DeletePaid to attack people with an opposing point of Lynn's?? Bully. Troll. You demonized those that have an opposing point of view.
Perhaps I'll Reread Lynn's raving again at 1am after half a bottle of Jack Daniels, perhaps it will make more sense at that " wild, incoherent " hour.
You clearly can read but lack much in comprehension. Product of the public school system no doubt.
It is unfortunate you can offer no facts 12:36, only name calling, perhaps that explains your need to down as you say a half bottle of jack after 1:00 am. Reminds me of the behavior of a certain mayor we used to have who was prone to bad decision making after dark.
DeleteJust saying
Horse shit makes your grass grow greener....
DeleteI meant no disrespect to Dody. On the contrary, I very much appreciate her efforts, in conjunction with the Artists' Colony and DEMA toward saving Pacific View. I was surprised she wasn't at the Council Meeting, but I can certainly understand and relate to her having family plans, so thanks for that explanation.
DeleteI was again discouraged because Council was able to dilute the community's desires to Save Pacific View through "bifurcating" our many suggestions as to how the highest value and use of our public land would be for an art and learning center. We did suggest ways that could be funded. Envision the View had submitted a viable proposal that was "dismissed," by EUSD Superintendent Tim Baird because he wanted to change the terms of the RFP, AFTER THE FACT of the proposals having been submitted (within only 20 working days in February of 2012) and "partner up" with John DeWald and April Game to rezone Pacific View.
Tim Baird has a history, in Ojai, of being litigious and being pro-development. Council needs to act boldly, with courage and authority and stop mealy-mouthing around. Mayor Barth has known saving Pacific View has been a priority with the community for years. So far, under our "new" City Manager and our new Mayor, the public has not been able to participate in budget goalsetting, yet the priorities have already been set.
The City should hire a decent attorney, with a Section in Real Property Law, and begin the process of eminent domain, which would insure that an independent appraisal was adequate, if Dr. Baird will not cooperate. We don't want to diffuse our efforts and the city's initiative by starting a whole process of looking at creating an art center on some other piece of property. The focus must be on saving Pacific View for the PUBLIC, for the highest and best community use.
Lynn, I don't think one public agency can use eminent domain proceedings against another. I believe it's strictly the taking, for fair value, of private property for public use. Any attorneys you can double check with?
DeleteThe sculpin
According to what was said during public testimony by Felix Tinkov, who provided his name and his office, as an Attorney, representing another public speaker, Don McPheron, who owns property adjacent to PV, one public entity CAN use eminent domain proceedings against another.
DeleteAccording to Mr. Tinkov, who unlike City Attorney Glenn Sabine, specializes in Real Property Law, (verified by his California Bar webpage) the City would simply have to demonstrate that its proposed use would be a more beneficial use to the public, than the current use of the 2.8 acres that constitute Pacific View by EUSD.
The current EUSD utilization of PV has been to allow the property to deteriorate, without being maintained. So Tinkov said although it would require attention to detail, the process of eminent domain by one public entity against another would only require the City's being aware of and following the rules.
The City has not shied away from initiating lawsuits, in the past. This one, for eminent domain, with two existing independent appraisals and a legitimate plan, through Envision the View, using volunteers to refurbish the existing classrooms, should be a "slam dunk."
Solana Beach used the process of eminent domain to take a surplus school site for public benefit. The City of Encinitas should get up the gumption and assertiveness to do the same.
Glenn Sabine continues to give terrible advice about Government Code, including the Code by which EUSD before incorrectly sued the City, through Superintendent Tim Baird. Sabine was waffling last Wednesday night. If he read the actual code, itself, he would see that even without the existence of Prop A, the City is only required to rezone if the current zoning is not COMPATIBLE with the zoning in the surrounding area.
The only place those sections of Govt. Code talks about SHALL is when a school district has offered the surplus school site for sale according to the terms of Education Code, including the terms of the Naylor Act, when the property is INITIALLY offered for lease or sale (leased to the City in 2003), and the public entity (the City) has declined to purchase, then the city cannot REZONE the land to open space or park; instead, the zoning SHALL be consistent with that of adjacent properties.
The City is not trying to rezone to open space or park. Public/semi public zoning is compatible, and allows for 30% of the land, or .85 acre to be offered to the city at 25% of its appraised value, for open space, through the Naylor Act. EUSD never did its homework and complied with the Education Code by offering a discount for a PORTION of the land at 25 cents on the dollar, because PV had been used, in part, for playing fields for eight years preceding 2003.
Only the ENTIRE PV parcel was offered, at one point, under Superintendent Lean King, just before he retired, to the City at $10 Million. The district was MANDATED to offer 30% of it at its appraised value (Baird insists an appraisal was done in 2003, according to the July 28 UT article). An appraisal was done, the closed down school property was offered for lease; the City, at taxpayer expense, paved over the playing fields, without the school district first fulfilling the mandates of the Naylor Act, part of California Education Code.
Glenn Sabine is just seeing what he wants to see and seems entirely unwilling or incapable of understanding the letter of the law or the intent of the State Legislature. He's just trying to figure out what the consensus of Council wants to hear, and tailor his remarks to fit that, without citing the actual text of the relevant code. There is NO QUESTION of any allegedly "looming lawsuit." Any lawsuit is now MOOT!
And you'll be enjoying more and more places to drink, thanks to Gus' ravings. He might be short on words, but his actions are greed-driven. I'll take Lynn's long-winded ness over the danger of a Vina-Sabine-blindly following council any day of the week.
ReplyDeleteLynn's motives are pure (if long); city hall's are not.
But would you elect her to council?? This pissy little town deserves her.
DeleteNo, I would not, but that's not my point. My point is: pay attention to who poses the greatest threat to how residents live, and that is not Lynn.
DeleteThe threat is Vina, with his nebulous and all-encompassing "strategic plan" and the five blind mice sitting up there, deferring to him as he takes us all down.
Why is anyone so obsessed about me, and the possibility of my running for Council? I will not be running, no worries. You don't have to be afraid, lol. Hatred is a mask that fear wears.
DeleteAttacking me, attacking any messenger, is a well known method to cover up, distract from, dilute, or dissuade from the message, without providing any logical refutations, based in facts, rather than all too predictable character attacks.
Sometimes a message requires some background and explanation. If you are only capable of reading a few sentences at a time, I suggest you go play on Twitter.
There is not one council member liked better than you. Keep showing the facts, they speak loud and clear.
DeleteOne minute, if it can't be said in one minute it's not worth listening.
DeleteThat one minute rule is a fabric of your own lack of imagination and lack of attention span. If it's not worth listening to for YOU, then don't listen.
DeleteOthers want to take the time to be informed. I guess you could never read a newspaper article or read a book in your constrained world of worthlessness.
And you wonder with shock and bemusement why posters on this and other blogs despise you. Even your paid trolls that bully those with an opinion other than yours loath your comments as you attack attack and call those you do not know nor have ever met worthless. You are the Bob Filner of this and all other blogs.
Delete7:26 facts? Do you have any, or only more name calling? truly, if you hvae facts share them. Lynn thanks for the history lesson on the city overspending for the Mossy Yard and revealing Hohn DeWald who built pacific station and donated heavily to Stocks and Dalagers campaign has a role in this.
DeleteNo history lesson to be learned, unless you've been holed up in Mongolia. Read the coast news... That's what Lynn does then she regurgitates it on this blog as her own...
DeleteHorseshit makes yours and her grass grown greener....
3:40 a bitter troll until the bitter end, no facts, only name calling, is it any wonder 'Senor Horseshit' is drinking bottles of Jack at 1:00 am alone- nothing grows in bitterness, just ask Jerome Stocks and Filthy Filner.
DeleteThis reminds me of the dog that saved the kitten on youtube and half the comments were negative. Evolve.
ReplyDelete