From the Inbox:
[Forwarded with this comment: Item 10 C is Marco fighting to ensure that Desert Rose was presented to council before they were caught breaking their own rules, so Marco wants to assure that Desert Rose is grandfathered in to the good old times when developers were able to threaten the council into giving them special favors. Please help us get everyone related to a Density Bonus project at this meeting!]
I'm a firm believer in playing your aces wisely so I simply want to advise you of an important, upcoming City Council meeting that you might want to consider attending…..you can make up your mind how important you think it is for you to attend. Remember, a good turnout sometimes helps to generate a good result. This Wednesday, September 24th, at 6:00pm, the Encinitas City Council has two agenda items that directly relate to density bonus in general and Desert Rose specifically. The meeting will be held at City Hall, on Vulcan, in Encinitas.
Item 10-B: Public Hearing regarding the introduction of City Council Ordinance 2014-09, Option A or B, to consider a Zoning Code Amendment to Title 30 of the Encinitas Municipal Code and the Home Depot Specific Plan, pursuant to Council direction related to Item 10E of the July 16, 2014 City Council meeting, to amend the definition of 'Net Acreage' to specify that detention basins and wetlands (rather than significant wetlands) are excluded from net acreage.
Note: The Planning Commission recommended Option "B". Members of the community may suggest minor revisions to the City Council.
Item 10-C: Questions have been raised as to whether the new policies are applicable to projects that were approved by the Council before July 16th, but are now pending appeal before the 4th District Court of Appeal; such as the 16-lot Desert Rose Density Bonus project that the Council approved on March 13, 2013. This is the only project currently under these circumstances.
Note: Since Judge Judith Hayes, of the California Superior Court, ordered the approval of Desert Rose, by the City Council, vacated, the Desert Rose project is technically not an approved project. Therefore, it would seem that it will fall under the new ordinance/guidelines, unless the court ruling is overturned on appeal.
I hope to see you there!
Bill Butler for SDR and Encinitas
EU note: Gonzalez is a friend and fellow Smart Growth traveler of some of the council members. So it wouldn't be too surprising to see them comply with the Superior Court's order to require an environmental impact report, but still try to grandfather in his extra-densy densiness.
The council is also up to its old tricks in hiding the Lake property sales price behind the closed door session tomorrow.
ReplyDeletePlanning Director Jeff Murphy and City Manager Gus Vina are trying to misled the council. City Attorney Glenn Sabine already weighed in on this. He said the new policies would not apply to any project with vested rights, meaning had final approval in the process. The Desert Rose project lost its vested rights when the courted ruled against it and nullified the project. It must start from scratch.
ReplyDeleteThe fact that this agenda item has been brought forward only increases citizen distrust of the city. Council needs to state very clearly to Marco: NO WAY!
Since the Superior court ruling is on appeal, that change in project status may be overturned. We probably won't know the outcome of the appeal for 6-8 months if not longer. So unless the Desert Rose applicant asks to change the project, everything is on hold. Even if the appeals court directs them to do an EIR, the court may overrule the trial court's position on the project's status.
DeletePolitically speaking, it's make or break time for Julie! This agenda item is a no brainer that plays right into her strength. She couldn't ask for a better opportunity to overcome Blakespear's formidable lead in 3 minutes (or more depending on time donations). Her comments will be the basis of her entire platform - let's see if she's up to the task. Go Julie!!
ReplyDeleteoops - forgot to sign - 9:22 is me - The Sculpin
Delete9:22 I disagree with your assessment that this will make or break Julie Graboi. She has done many other things for this city that are important.
DeleteI will be voting for Julie.
Agree Sculpin, Julie needs to take these opportunities for wider exposure to cut into Blakespeare's lead.
Delete1:54, you're missing the point. Blakespeare has more money, more backing, more establishment behind her. To take that away, Julie needs to raise her profile and highlight the key differences. This is an off year election where most people won't even vote....
Delete-MGJ
Sculp,
DeleteThere are very few Democrats in Olivenhain. There are also two Republican men on the ballot who will corner Republican votes.
Support for Blakespear in Olivenhain is marginal. Desert Rose neighbors thought that Lisa and Tony would support them. Why should anyone believe Blakespear when she has her own wetlands to develop and is aligned with our council majority?
4:16 - Because of the yard signs? That and my conversations while on horseback with my many neighbors.....as you can see, very scientific (eye roll).........
Delete- The Sculpin
This ought to be good. Teresa, Lisa and Tony are in love with Marco, and he has done everything in his power to screw us every chance he gets. The list is getting longer and longer. Sabine is afraid of him, so that's not promising for Desert Rose. The City has appealed that project twice and lost. So, this is Marco's new way to make sure his developer buddies get what they want. One thing about Marco, he knows how to win, and win at any cost. Looks like DB will be applied to Desert Rose, and I cannot imagine one argument that will win this Council over. As much as I hate to say it, the last troika would have had the balls to stick it to Marco. This Council is stupid when it comes to him. I think Lisa and Teresa and Catherine love his attention and will do his bidding. If not, he can always "coach" them into something that will work.
ReplyDeleteCatherine is getting a lot of support in Olivenhain - and that support has strings attached - namely to keep DB out of DR. Regardless, she has no vote tonight so in the instant it really doesn't matter what she thinks of Gonzales.
Delete- The Sculpin
Judge Hayes' ruling is being appealed. While on appeal, is her opinion that Desert Rose is not an approved project stayed? If the appeals court upholds Hayes' ruling then Desert Rose would be starting over. It's really no big deal for now, The project can't proceed as currently structured until the appeals court rules.
DeleteCatherine is losing support in Cardiff, despite her mom. People are learning how slimey and deceitful Shaffer and Barth are with their lies- how will Blakespear be different? If they lie and vote against residents why won't Blakespear- like she says she knows how the game is played
Delete10:02 BS- Marco doesn't know how to win, he know's how to bully. Just like Barth and Shaffer bully.
DeleteMarco and his 'Coast Lose Group" haven't won any private cases. It appears to me tht Marco has won cases where he seems to have gotten money from taxpayers by suing cities over trumped up environmental claims to line his pockets-
Marco sued La Jolla over fireworks- he got 250,000 taxpayers and the environment got shit
Marco sued over the Cleveland Forest- Marco got paid, taxpayers got shit
Looks like Marco ain't won jack in private cases perhaps because he ain't a good lawyer. Maybe he's a good bully with insider friends at city hall.
He is a disgusting opportunist - his only commitment is to himself.
DeleteBULLY is the best word to describe Marco. He seems nice until you try to take a different opinion than his. Then, he goes for the jugular. I know this from personal experience with him. And, it is no coincidence that Coast Law joined DEMA. By joining DEMA, the City of Encinitas, through a DEMA grant, where Kerry Kusiak awarded the most points, got $3000.00 to refurbish the front of his law office. And, the pocket park in front of his office-well need I say more?
DeleteFAKEspear is NOT getting that much support in Olivenhain. Julie will get the votes there. Even Cardiff is not so keen on FAKEspear because she has aligned herself with Shaffer and Barth.
DeleteVote for Julie Graboi.
Sculpin: True, and yet, not true. She has no vote, that's true. However, Marco is supporting her Big Time, and Teresa and Lisa want her on the Council. Catherine can play both sides of the fence on this one, but I can personally tell you that it's politics as usual. Kranz is in Minneapolis at some CIty paid for conference, and it will be interesting if he is back in time.
ReplyDeleteKranz is following the perks - like a rolling stone. Marco is a slime bag - just lining his pockets as usual.
ReplyDeleteI think WC nailed it.
ReplyDeleteIf the DR developers' appeal is successful, then the lower court ruling would be vacated, and the City should honor the project plan as approved.
Otherwise, I don't see how they can grandfather a project that, legally speaking, has not yet submitted or considered by council. The court ruled that the project must have an EIR before council can even consider it. When a legally valid submission is received, it should be evaluated based on the rules in place at the time of submission.
Common sense.
Desert Rose applicants have pulled no permits. There is no grandfathering. Marco knows this. He probably used it in a few of his cases before he went over to the dark side.
Delete"If the DR developers' appeal is successful, then the lower court ruling would be vacated, and the City should honor the project plan as approved."
DeleteTrue, but very unlikely. The court's ruling was too well written and cited all the relevant case law. Marco wouldn't be trying to get a ruling from the council if he thought he had a chance in the Appeals Court. I don't see how the council can rule on this with the case still in litigation. But we have a very foolish council with questionable loyalties, so who knows?
Marco is a legal rep that works for his clients, 'nuff said. He now works for developers instead of against them. Expect the expected...
DeleteDesert Hose.
ReplyDeleteLolollll. Once again this city gets the wool pulled over its eyes with bad advice from its $10M city atty/shill. Idiot voters elect idiot council members that hire idiot staff and the circle of wooldom continues. Lolollll.
ReplyDeleteA city full of rubes.....
Good thing you're too smart to live here or do you?
DeleteJulie could nail down her election tonight, golden opportunity. The others are set up to fall on their faces and Marco.... cue in dark side music.
DeleteThis is make or break for Julie to stay in the race...
DeleteSabine is already shaking in his boots and it's not even Weds. eve. He is terrified of Marco to the point he will go along with anything Marco says. Yes, this is our 10 million dollar contract city attorney who Barth said she would fire.
DeleteSabine has snaked $10 mil out of the city???? He needs to go immediately -
Delete5:31- In the last 7 years Sabine, and his firm Sabine and Morrison, have been paid 10 million for their services. And that doesn't include the other law firms that they have jobbed things out to. That's what an FOI request revealed. However, no one on the Council thinks that this is any big deal. The full time City Attorney of Oceanside is paid $230,000 a year, and that is full time. He is not ctracted and only works for Oceanside. Sabine works for La Mesa and Encinitas.
Delete6:22 Thanks for the inside info Ms. Greene.
DeleteInstead if trying to out the poster, worry about the money wasted on Sabine. Unless, of course, you feel well-represented by Sabine. Most don't.
DeleteI don't have a problem with Sabine, but the Marrs and Ms. Greene certainly do as they state over and over and over and over again.
DeleteDr. Greene is a Berkeley graduate and a recognized professional in her field.
DeleteThe second note in red in the intro is characteristic of Lynn. She doesn't know where to put or not put commas.
ReplyDeleteTo be more easily understood, it should read like this:
Note: Since California Superior Court Judge Judith Hayes vacated the City Council's approval of the Desert Rose project, technically, it is not approved. It seems it will fall under the new ordinance/guidelines unless the court's ruling is overturned on appeal.
Oh gawd the punctuation/grammar idiot is at it again. I understood the original comment with or without commas. Try getting a life. Stress will kill you.
DeleteKeep trying. You might graduate from sixth grade.
Delete5:48 do you have nothing better to do or are you just bored?
Delete5:48 is an immigrant for whom English is a second language. I know your mother tongue better than you do. You should be ashamed.
DeletePublic works Pruim and Parks and Rec Rudloff are making out like bandits chopping down trees. Lake sports park will have 3 pepper trees around the snack bar chopped down this week.
ReplyDeletePruim has 5 trees scheduled for chopping. Two on Wotan, with one of the trees in front of a traffic commissioner's house.
Three trees in front of one address on Sidonia. Beetles, says the city.
Tell Paul McCarthy !
DeleteCome November --- Write in Marco for mayor.
ReplyDeleteWhy?
DeleteWrite in Marco for dog waste receptacle.
DeleteWhy?? Because Marco is a winner.
DeleteMarco Marco no bite but plenty of Barko.
Delete1:17- Exactly why would I want to write in Marco? He has also abounded his base.
ReplyDeleteSorry I meant to say abandoned his base.
ReplyDeleteThat's OK. 1:57 knew what you meant anyway.
DeleteIt will be interesting to see if the appellate court rules only on the EIR requirement and/or whether the project has to submit a new application to the city as required by Judge Hayes' ruling. I suppose the court could agree that an EIR needs to be prepared but that the project could continue with its original application. If so there may be a battle with the city whether or not the original net acreage calculation remains or if the city makes them start over again.
ReplyDeleteIf council had any sense at all, they would require them to start all over again. An EIR should have been required the first go around.
DeleteThe court's ruling was that the fact that our own Planning Commission voted against this project was enough on its own to trigger an EIR. The judge went on to cite more than 80 other pieces of evidence as to why they should do an EIR. Is Sabine getting paid more for this? Is that why it is coming up again?
DeleteNew Urban West representative wrote a letter to the council asking the council to rescind the policy interpretations date. One of their proposed projects is to be built in a canyon.
ReplyDeleteIn a canyon? Just like Council candidate Blakespear's family development in Rossini canyon?
ReplyDeleteA little something about New Urban West via the LA Times
DeleteBuilder Paves Land Before Paving the Way
Granted a county permit, a developer built an equipment yard on prospective parkland near Bolsa Chica. The problem; A city permit was also required.
July 07, 2000|SEEMA MEHTA | TIMES STAFF WRITER
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Developer New Urban West Inc. built an illegal temporary staging area about half the size of a football field on land planned for a regional park near the Bolsa Chica wetlands, Huntington Beach officials said Thursday.
"What they will have to do is remove the trailer, the fence, the equipment and vacate the site and restore the site to its original condition," said Mike Strange, a senior planner with the city.
The developer built the 150-by-150-foot staging area at Palm and Seapoint avenues to serve as a field office and storage area for the completion of 53 homes nearby. The land will become part of the 106-acre Harriett M. Wieder Regional Park.
Jim Lockington, project manager with the Santa Monica-based developer, said the company received a permit for the project from the county. He referred further questions to Tom Zanic, vice president of New Urban West, who was unavailable Thursday.
Sculp,
ReplyDeleteThere are very few Democrats in Olivenhain. There are also two Republican men on the ballot who will corner Republican votes.
Support for Blakespear in Olivenhain is marginal. Desert Rose neighbors thought that Lisa and Tony would support them. Why should anyone believe Blakespear when she has her own wetlands to develop and is aligned with our council majority?
See above at 4:38 for response.......
DeleteNUW is one of the "gooooood" developers. Yeah, right. Sneaky and calculating and smooooth, but not good.
ReplyDeleteThere is no real support for blakespear. Fact.
ReplyDeleteShe lives on Rubenstein in Cardiff. What's the yard sign count there?
Delete6:06- It's about 2 to 1, with Blakespear having more. However, that could change dramatically in the next few weeks. More meet and greets have been set up for Julie in Cardiff, and signs will be handed out.
DeleteIf you see signs and wonder...
Deletesome cardiff residents are afraid to put out Graboi signs because of Blakespear's Mom and Barth and Shaffer- remember Shaffer is trying to bully people name calling them uncompassionate-
DeleteI have talked to some who Blakespear signs up who when they learn the truth are shocked- but won't take down the signs-
The Encinitas liar's club is alive and well 5+1 =Blakespear
As a resident of Cardiff, I don't think that many people know who any of the candidates are. So, I don't think anyone is too intimidated. A lot of people don't care to get involved at all, as to them the City seems fine just the way it is. However, they will probably not vote in this off-election year either, so it's a coin toss. I have not seen any Gaspar signs around, nor any Kranz signs around yet.
Delete6:06 you are correct Blakespear's Mom, named Smith, has leveraged her power to compel 'neighbors' to put up her signs on Rubenstein-
DeleteHowever as many of these people are learning the truth about Barth, Shaffer and Kranz they are not happy to be supporting Catherine- unfortunately, Catherine has done nothing to distance herself from the three who lied on Prop A, want to raise taxes, and are giving VIna a hall pass while upzoning the city
how do I know, I got a Blakespear sign on my law that they gave me way back in August, I am afraid to take it down , I won't be voting for CB- neither should anyone else - she is a politican, they want to protect their land rights
What Marco wants is what Marco may not get. He's such a whiner with a "big mouth".
ReplyDelete8:32- Why won't you take it down? What are your concerns if you do?
ReplyDelete8:32 I have a Julie yard sign in my car that I can drop off if you are sincere and wish to step up and do the right thing for all of us by supporting her candidacy. More can be found at all of the candidates forums too.
ReplyDeleteGASpar avoiding tomorrows LTC mayoral forum??? Wow. baaak, baaak, baaak, [chicken sounds, to be clear]
Go Sheila!
Thanks Kristen for showing us what many already knew about you. When the going gets tough , the princess gets going elsewhere. You must have another get together with mikey to stroke your fragile countenance.
She probably has a pedicure appointment for her and her two girls.
DeleteCan we say "chicken shit?"