Tuesday, October 8, 2013

EHA considering ballot initiative in support of late-night drunks?

Does Encinitas need a Right to Party initiative?

Recently, some Encinitas residents received an automated polling phone call asking about bar and restaurant issues.  The poll was pretty clearly coming from a pro-vibrancy group, as the questions emphasized government interference in local businesses rather than neighbors' noise and crime complaints.

After gauging respondents' sentiments on bar regulation, the poll asked whether any new regulations should be put to a public vote.

Hey, it worked for the Prop A folks.

28 comments:

  1. Lets take a poll of the council's alcohol consumption. They manage the city like they are drunk.

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  2. I think the best polls are public votes. Some feel that those living in the areas most directly affected should have a more weighted vote. I agree with this, so that people within different Specific Plans could be able to vote on "zoning overlays," for example, or major public works projects directly adjacent to their community's neighborhoods. Every voter is affected by what is built in his backyard. Surely we can all relate to that.

    But every part of the City would then need to be divided into special districts, with different specific plans, not just Downtown and N101 Specific Plans, and whatever others are already existing.

    Also, these votes could be allowed, by City Law, to be conducted by mail, as when we voted on the Lighting and Landscaping overlay district. We voted no on a property tax increase for that district. We are allowed to vote on tax increases, including within special tax assessment districts.

    But we could open that up, and make it less expensive, by allowing more public votes by mail, for those living within or adjacent to high digit public works projects, or alcohol serving overlays within or directly adjacent to various commercial districts/specific plans.

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  3. Can the EHA get the required 10% of registered voters on petitions to make it onto the ballot? The obvious alternative would be to get the already-sympathetic council to save the EHA the real work and just put it on the ballot for them.

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  4. The EHA may have been using that poll to get information to either begin collecting signatures for a GE ballot measure, or to urge Council to put it on the ballot. That is direct democracy at work. However, in my opinion, it could be better to have only people voting within the N101SP and the Downtown Encinitas Specific Plan areas on this? They are most directly affected.

    Mayor Barth did say that all areas of the City are affected because police resources are taken from other parts of the City on Friday and Saturday nights. It does seem as though the Sheriff's Dept. could set up special patrols, including foot or bicycle patrols, for two nights a week in heavily trafficked areas of our City.

    Stop paying for unnecessary and no longer cost effective red light cameras. The officer who spoke at the Council Meeting when that subject was on the Agenda said he got a ticket where he lives, in Escondido, by a red light camera, but he was "glad they are there." However, the media reports red light cameras have now been removed, in Escondido, as well as Poway and San Diego.

    Too many on our Council want this to be a Nanny City, deciding what's best for us in terms of imaginary "affordable housing" upzoning, and hugely expensive public works projects where the public's needs and wishes haven't been acurately measured, and aren't being followed.

    But with respect to public health and safety, the "bar districts," absolutely need to be better patroled, both by the Sheriff's Dept. and the EHA, on Friday and Saturday nights. Then we wouldn't need more regulation. What would work is to more strictly enforce the laws we already have.

    We are lacking parking infrastructure. Various businesses could rent out their parking, such as Dudek and Associates, to valet services, for the existing bars. Customers should get their parking validated. Perhaps there needs to be residential parking stickers handed out for people downtown, with two hour parking limits for others, as there is on streets in San Francisco.

    If parking near residences is primarily associated with bar scene challenges, then those parking restrictions could just be for Friday and Saturday evenings? It's a little complicated, but when one lives "downtown" in most cities, isn't it almost a given that it will be noisier?

    Alcohol does turn a certain percentage of people into jerks, but I think some of the problem comes from pedestrians, not people driving to the bars? But I'm not in downtown Encinitas, so I don't know what it's like for those who do live near there, except from listening to all the testimony, from both sides, at Council Meetings, but also, hearing what some friends are saying. I do feel the situation has deteriorated, over time. I'm not sure if it has improved in the last couple of months, or not?

    We do already have the means to consider, one by one, through the Planning Commission and Council, any new applications to expand existing bars, or to open new bars, or to expand restaurants that serve alcohol "after hours."

    We do have the ability to encourage the EHA to set up a shuttle system, say at the Old Smart and Final center, taking people downtown, and back, or to Leucadia, and back, to their cars. But if they can no longer safely drive, take them all the way home, or call a cab.

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  5. What a senseless rabble.... geeze.... try and clear your head. When is the last time you took a walk or tried some exercise?

    Out of shape body- Out of shape mind... its all connected.... its that simple.

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  6. Drink, Drink and be merry.

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  7. Glad speaker at bar meeting is mentioning how sheriff puts residents on hold.... endless hold, steer people away from reporting incidents, I know the drunken behavior is way worse than reported because the sheriff avoids hearing the issue..... just like council.

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    1. This is another way that they mess with the record. They under report problems, so that Encinitas doesn't look too vital in the wrong way.

      How much sense does it make to sell of our city to the highest bidder so that we can pay city staff --most of whom live elsewhere? This is insane.

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  8. Poor acting and the council (pre!) approves what the majority don't want again! Can't wait to vote them out of office. Drunks for revenue should be their motto!

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  9. Heaven forbid we have a drinking-related tragedy, I hope our council sees a lawsuit the likes of which will not soon be forgotten.

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    1. I am so sad from hearing resident after resident get up and talk about how their lives have been changed from the increase in drinking in Encinitas. Their homes have become a place where they do watch duty for crimes and accidents every Friday and Saturday night.

      The enjoyment of people's own homes is being degraded and sold off for the use of drunken intruders and the people who profit from them.

      Our city is being degraded a neighborhood at a time--only for short-term bursts of funds. The long-term impacts will be much more costly in the long run.

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    2. I just returned from taking my daughter to New Orleans. It is a fun town. but here is one problem that I ran into. With everyone drinking, anytime of day, there are a lot of people on the streets. One of the people that was drunk bumped into me and I fell. Landed up on the street with a dislocated shoulder. They had to take me by ambulance to Tulane Medical Center and pop it back into place. Home now and seeing an ortho doc. today. I have great health insurance and would in no way sue the City of New Orleans. But, I did hear some other people say that if they were me, they would sure. I am not an attorney, but I wonder if the CIty is in any way liable for a lawsuit if this were to happen here? I don't know the law, but there are enough people that do like to sue, and enough attorneys that would take the case, I wonder if someone might want to check this out? Just my 2 cents.

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  10. Check with Marco Gonzales. He is an attorney for the people and environment.

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  11. How is a city in any way liable for a person's alcohol intake? This discussion is well beyond the absurd.

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  12. 10:46- I have no idea if the CIty would be responsible for a person's alcohol intake. I am just saying that is what some people were saying in NOLA. I guess the best person to ask would be our City Attorney.

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  13. Dr. Lorri: Who exactly did they say you should sue? The drunk? The city? My point is that it was a useless comment in the first place.

    The NIMBYs of Encinitas aren't happy unless they have a pet problem that gets entirely overblown. The bar scene is the latest, and the abject absurdity of the commentary is mind blowing.

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  14. You are either a drunk or live nowhere near downtown. Our city is being ruined by this council.

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  15. In New Orleans the people told me I should sure the City because of the cobblestones that have many cracks in them, probably due to Hurricane Katrina. Perhaps it was a useless comment, but, on the other hand, there are a lot of people who like to sue and if they could find a lawyer to sure for allowing drunks on the street, perhaps that lawyer might take it on. I live in Cardiff, and to the best of my knowledge, there are no neighbors unhappy with the bar scene here, or for that matter, downtown. I was attempting to make a point, that's all. Remember who is heading up the Hospitality Committee. Lots of attorneys in that firm and they just won a lawsuit in San Diego, for something entirely different, but they did get a great deal of money.Google it if you don' know who I am referring to and what the lawsuit was about.

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    1. Should have said "sue" instead of "sure". Hard to type with one hand.

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  16. why would anyone go to New O. That place is a cesspool and should never have been rebuilt. The only good use for the area is wetlands which is what God intended.

    Human engineering at its worst.

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    1. It's a long-standing tradition to build centers of debauchery and perversion in otherwise uninhabitable places: Las Vegas, New Orleans, Pacific Station...

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    2. Point well taken Wc. Each year I take one of my daughter somewhere they want to go, and my youngest wanted to go to NOLA. It would not have been my first choice, but sometimes compromise is necessary. Hell, I have my arm in a sling because of their lack of doing anything about the street conditions and the drunks. Don't intend to back anytime soon.

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    3. Yeah, only some of the best music in the U.S. comes out of NO, it's totally worthless. Louis Armstrong, Lloyd Price, Irma Thomas, Fats Domino, Bix Beiderbecke, the Neville Brothers and the list goes on. NO was inhabitable, until they started destroying the marshland leading up to the city from the ocean side by dredging so they could get larger ships in there. Yup, there's a lot of drunks on bourbon street, that's the least of their problems down there. Just go to Jazz Fest, not Mardi Gras and you'll be fine...

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    4. 7:33-Cannot argue about the music. It is awesome in NOLA. But you are also right that the City is already 8 feet below sea level because of oil drilling, and dredging. Of course, Katrina didn't help. I had the opportunity to meet the State's Supreme Court Justice, which is an African American Woman, and she was very distraught about the environmental impacts of drilling, dredging, etc. However, most of the good jazz artists have left Bourbon and gone down to Freeman Street. Bourbon Street is now mostly drunks, strip clubs and beignets. Some great restaurants, for sure, but at this time I would not want to live in the French Quarter.

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  17. Does anyone have a copy of the phone survey questions? Were the results given to the Council? The hospitality association website is parsed of any information on their moves to eliminate the their nuisance problem.

    Encinitas Municipal Code has a chapter on required beverage serving responsibility that should be enforced by the city.

    "9.43.020ResponsibleBeverageServiceandSalesTrainingRequired - Proof.
    a) No alcohol outlet may serve, sell, or arrange delivery to a patron any alcoholic beverages unless a manager, assistant manager or lead employee who has completed a Responsible Beverage Service and Sales Training course is on the premises."

    Why isn't the Council enforcing this chapter of the Municipal Code?

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    1. The survey I received was a robocall on my voicemail. It asked one question, which was "do you agree or disagree on closing bars at midnight in Encinitas? Hit #1 for agree, or #2 for disagree. Perhaps there were other surveys? I would also be interested. I wasn't home to answer.

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