Wednesday, December 30, 2015

Gaspar and Muir respond to Cardiff neighbors' Rail Trail concerns

An e-mail from Mayor Gaspar and Councilman Muir to a group of residents who met with them about the Rail Trail:
The Coastal Rail Trail project is not new; it was originally envisioned in the late 1980s. Several prior councils recognized the negative impacts this project would have on our coastal community and, as a result, did not support it.

While some focus on the limited benefits of this project, such as encouraging people out of their cars and onto bikes, they fail to recognize the negative impacts associated with the project for the Cardiff community.

A primary reason citizens oppose this project is the change it would bring to this iconic area. The Cardiff rail corridor is the last undeveloped piece of coastal habitat in the area. It is an open space with a natural path and sandstone formations that is used regularly by joggers, pedestrians, dog walkers, children and cyclists. The rail corridor also provides parking to countless Encinitas beachgoers and those who stop to watch the sun set over Swami’s. The proposed project will pave over the natural path and line it with a 4 foot fence. It will also dramatically reduce beach parking. These changes dramatically alter the character and charm of this beach town community in an area where people frequently visit or have invested millions of dollars to buy property, presuming it would remain relatively untouched by development. As such, we believe that the Cardiff rail corridor should be preserved for current and future generations of Encinitas residents rather than developed.



The simple fact is that this NCTD desired fence is not a real safety structure since someone can simply climb over or walk around it. The fence is not a special safety device but, in reality, a symbolic safety gesture, which is not required by any local, state, or federal law.

The NCTD has reaffirmed that if people choose to cross over the new 4-foot fence, a taller, more effective fence will need to be installed. Several council members have indicated that a fence is on its way even without the rail trail. It is important to understand that the NCTD has zero dollars allocated to a fencing effort along this stretch of the rail corridor. The NCTD has not even studied the cost of such an endeavor.

Further compounding the matter, the limited beach access created by rail trail fence installation caused the council majority (Kranz/Blakespear/Shaffer) to approve hastily an at-grade rail crossing at Montgomery Avenue. While we fully support a crossing project in this area, it is important to note that the Cardiff community will now receive a lesser crossing project than originally scoped for the area because the City does not have the resources to move forward with the original/ideal project concurrent with rail trail installation. The Montgomery crossing has long been planned as an under-crossing project similar to the new Santa Fe under-crossing. An under-crossing project should be preferred by Cardiff residents, as it is safer for all concerned, including the nearby schoolchildren, and does not intensify noise in the rail corridor.

The change to an at-grade rail crossing at this location will be accompanied by a significant increase in noise pollution if it is allowed at all by the California Public Utilities Commission (CPUC). That is because the CPUC has developed a policy to reduce the number of at-grade crossings as part of its mission to reduce hazards, associated with these crossings and in support of the national goal of the Federal Railroad Administration (FRA) to reduce the number of less safe crossings. If an exception is made, an at-grade pedestrian crossing will not be likely approved by the CPUC without fencing.

It could take up to 3-years or more to obtain development and regulatory approvals and to complete the construction documents for a project of this kind. A large portion of this timeframe is the approval of the California Public Utilities Commission (CPUC). If approved and built at-grade, horn sound will increase by 1 minute through Cardiff, and the train will sound 100 times per day.

Our City budget is now facing new impacts from the Council Majority's approval of a $600,000-study to plan for an at-grade crossing at Montgomery. While the new crossing might cost a few million dollars, silencing the noise pollution could cost up to $1 million more. These negative environmental and budgetary impacts would not have been present if the Rail Trail had been placed along the Coast Highway. Dealing with these problems will cost money that has not been accounted for in the City's budget as this project was not reviewed as significant during the competitive budget process for the FY2015/16–2020/21 Capital Improvement Program. Currently, the City has accounted for over $250 million dollars in unfunded projects.

Moreover, it is disappointing that the Council majority (Kranz/Blakespear/Shaffer) has decided to prioritize spending millions of dollars, ahead of all other citizens' needs, for a project that locals clearly do not want and have actively expressed their opposition to. Over a thousand locals have told the Council they oppose the Rail Trail Project largely because our beach town community character is one of the City’s greatest assets. This project not only significantly changes that character but prioritizes a dubious asset above all other budgetary considerations. That is not what the people expect from their elected representatives, and that is why both Gaspar and Muir voted "no" on the Rail Trail project as proposed.

63 comments:

  1. WOW! How many people knew all of this when the Council voted 3-2 for the project. I didn't hear Council talk about a fence that could go higher than 4 feet. I didn't hear council talk about a lot of this stuff. Makes me wonder if there is a way to take this vote and do it again. A lot of money, a half baked idea, and 3 council members bought it? I have this bridge that goes to nowhere but it's real pretty and you can walk or bike some places. And all for a measly cost. Of course the cost hasn't been set yet, but buy anyway. Council did. Hard to believe!

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  2. You're effing kidding me. I went to many of those meetings and I don't remember half the stuff in this letter. I also don't think Gaspar and Muir would write something no verifyable. This really sucks big time.

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    1. They wrote this. I received it from them. Contact them yourself. They will verify it is their position paper.

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  3. OK, where do we sign the recall petition for the 3 that voted yes. This is bullshit!

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  4. I'm pretty sure I attended all of the meetings about this. So, some of this isn't what I remember hearing about. Is it possible that Muir and Gaspar are not telling us the truth? For example the fence. I heard about a 4 foot nicely spaced wooden fence. I did not hear that it would be raised if people jumped over it. I also thought I heard that it was a mandatory thing. According to Muir and Gaspar, it isn't. I am really confused. I like the project, but if some of the things are true in this article, I think I may have been hoodwinked. Hopefully all will be revealed by the YES people.

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    1. You're hearing the truth from Muir and Gaspar. Blakespear, Kranz and Shaffer have by lying to everyone saying a fence is mandatory. If you make improvements in the rail corridor, NCTD requires a fence. If you don't, no fence is needed. Do you think you can trust politicians to tell you the truth?

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  5. The rail trail waste of money. Let's kill this idea now and move on. The streets need fixing.

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  6. Wow, a whopping 1000 people out of 60000 oppose this trail. That's quite the super majority. Why is there no outcry for the $1200 a square foot $3 million life guard tower at moonlight. Oh wait, I know. It's not the overspending bothering me it's the loss of my parking for visitors to my home on San Elijo. Boo Hoo.

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    1. Hey genius (6:45), you're missing some data points in your rush to "prove" support for the trail:

      1) there are about 39,000 registered voters in Encinitas. In the real world, underage kids and unregistered voters don't get a say, unlike in your scenario.
      2) 1,000 people opposed the trail via the "no" website. That hardly represents the will of all voters who may not want their name on a website.
      3) Many voters don't even know about this project in the first place.

      Back to your not too-intelligent attempt to support the thing.

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    2. I think this trail is horrible. However, it would be nice if the no rail trail folks, who claim money is an issue, pay attention and start websites over issues not in their front yard. So tired of "locals" who have lived here a few years crying about stuff that only affects them while the city has gone down the drain because of them. Is

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    3. What someone who claims they're the CFO of their husband's business and a corpulent former fire chief who's only on council to protect his pension not telling the truth?

      It's called politics folks, and election is coming up.

      NCTD will double track further through Encinitas, they will build a bigger fence eventually and the tracks will get lowered eventually.....

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    4. 9:01-

      I never supported Gaspar or Muir, however, my experience is that they are both head and shoulders ahead of Kranz, Lisa "misinformation minister" Shaffer, and Blakespear. (by the way , I supported all three listed above). Only Muir and Gaspar seem to care about the unique community characther of Cardiff, they are the only two making an effort to save the Cardiff we now know. It is great some might like fancy shiny new concrete walkways- you can get that in Sol beach, Huntington beach, Manhattan Beach, Newport BEach and elsewhere. Tony, Lisa and Blakespear all said they want to protect Cardiff- but they don't. Lisa Shaffer wants it to be an urban high density rail corridor with micro-units of 400 sq feet that will increase our pollution by 400% and increase cars so she can feel good about herself. Blakespear's family are land baron's in the area and will likley profit from up-zoning increases, and Kranz- well his first action as a council member was to go to a private dinner with builder Doug Manchester at a swanky Del Mar lounge.

      I am thinking of donating the Muir and Gaspar and opposing Blakespear and Kranz-

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    5. No, they're just telling you what you want to hear.
      Remember, there's an election coming up.

      You can't save Cardiff as you now know it. Is the Cardiff Crack shopping center the way it was 20 years ago? No, it's not. There are a ton of restaurants and bars in there now.

      There are way more people wanting to park near the beach, walk along San Elijo, and cross the tracks. In the summer there is a huge pressure on the area to accommodate visitors. That's a fact.

      Something needs to be done to improve traffic flow for cars, bikes and peds. The set up as it is now from the 1950's isnt' cutting it.

      All your info on the other three is of the spoon fed, internet buzz variety. Unless you can prove the Blakespeares have land directly in the area that would benefit from that specific trail, there is nothing of merit there. The same with the Kranz dinner with Manchester. Unless you can proove the quid pro quo, i'm not buying it.

      Gaspar and Muir on the other hand, are and will be pro -development, working the the Rotary, the Eckes, Doug the Realtor, Carltas and the rest of the gang to put inappropriate development within our communities.

      Come up to Leucadia and look at the development near La Especial, the one on Hermes et al and get an idea for the real threat to our neighborhoods.

      Until we get together as one community and talk about what kind of development is appropriate in all of our disparate areas, we're going to continue to have these empty discussions.

      Our city is going to grow, that much we know, but we can have input into how it grows, but only if we quit fighting amongst ourselves and playing the NIMBY game and start fighting against real foes like density bonus and bogus upzoning...

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    6. We got together as a community for 12 months in 2007 to discuss the future of Cardiff- I guess you missed it. We also got together in 1999 to discuss the future of Cardiff- you must have missed that as well. In 2007 hundreds of resisdents attended meetings and signed petitions to keep the current zoning of Cardiff in place- and it is, for now. The market zoning has not changed- so you are factually incorrect. The zoning limits the height to two stories, the buuilding can only cover 30% of the lot, only commerical uses are allowed. Blakespear, Kranz and Shaffer have all said screw you Cardiff- the three all support the HEU that ruins Prop A and the citizens right to vote, and creates a new "floating zoning document" that can be used at anytime by a council majority to force high-density stack and pack on the Cardiff community.

      We have gotten together here in Cardiff, we are not fighting amongst ourselves, we are opposing the high density re-zoning council members who have gone back on their word to represent Cardiff.

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  7. I'm troubled by the fact that it took 7 months for Gaspar and Muir to form a response for their "no" vote. Anyone else feel like they may have been bullied by the loud voices of no rail trail opponents? We need leadership from our elected officials not a blind defense of the status quo in reaction to a small group in the community. The nasty rhetoric is ridiculous. It's a sad way to end the year.

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    1. The election is coming up. They already voted against the rail trail, so what do they have to lose by playing to the crowd.

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    2. Bullied?? Have you read Barth, Shaffer or Blakespear's newsletter's? Barth called those with opposing views from her's "obstructionist" the same words Jerome Stocks used to describe citizens with opposing views. In her newsletter this week Shaffer admits she does not like council members having opinions different from hers- she claims to be for open discussions- but she then negatively portrays those with opposing views than hers. The bullies are Barth and Shaffer- buying Pacific View for $ 10M and telling the public it would be operational right away- they are known story tellers and writers of fiction.

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  8. You are being played.

    Muir and Gaspar don't give a crap about the trail. All they see is a cynical opportunity to peel off some votes and money for the elections next year.

    If they can secure a conservative majority with whatever Stocks replacement they can come up with, they'll push through the agenda of the Rotary Club and the Chamber of Commerce. Develop, redevelop, and over develop.

    The only reason they can oppose this "development" is there is no commercial profit interest in a bike path.

    You are being played big time, folks.

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    1. True. Gaspar wants to try the political jump to Supervisor and Muir is bored - there is no sincerity on their parts. This entire council needs replacement.

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  9. Before everyone goes off on which Council member is a jerk and which isn't let's go back to the statement they released. how many of you knew that the NCTD could raise the fence more than 4 feet if they wanted to? How many of the proponents of this trail will use it? Why can't the bike trail be on the west side and the walking trail be on the right side of the proposed project? There is a lot in this report and unless someone knows these answers, and if they do please share, the only Council members willing to address it were Muir and Gaspar. I didn't vote for either, but other Council members who voted Yes were also asked to write something supporting their position. So far, I have seen nothing from them.

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    1. I would use that trail, but aside from that, if you have a question regarding the position of any council person, I would urge you to get on that person's schedule, or get their email and contact them.

      These are our public reps, and they should be responsive to your questions on this and many other topics.

      Lisa does have her email list, and she has touched on the rail trail several times.

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    2. 10:42- Great idea. I have already done so, but the vote is in. It was a 3-2 vote last May, so what is done is done. As far as I can tell no council members want to change positions. So, the yes people win, unless you know another way.

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    3. What Kranz, Blakespear, and Shaffer voted for was a restructuring and rebuilding of San Elijo Ave. The street will be widened to include curbs and gutters, sidewalks, a concrete bicycle strip, and narrow landscape area for plants.

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  10. Great article here.

    I like what they have done in San Clemente. I'd like ours better if they made the trail DG, like in San Clemente.

    Still, I support the trail.

    http://www.americantrails.org/resources/railtrails/San-Clemente-Beach-Railroad-Trail.html

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  11. Don't be fooled by GASpar and Muir. They want you to believe they care about the community and are only seeking to garner votes for their upcoming election. They are snakes in the grass. They both can't stand to lose so they make things up as they go along. Shame on them.

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    1. Make things up?? Have you ever read a Shaffer, Blakespear or Barth Newsletter's? The three spread untruths and misinformation to purposely misleads the citizens and empower themselves.

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    2. All five are guilty of untruths. Name one politician who speaks the truth.

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    3. 12:25- Exactly what did they make up? Then we can call them on it. I really don't know.

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    4. 6:24 If you look hard enough, you may be able to figure out truth from scare tactic. Put your thinking cap on.

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  12. Let's at least be consistent.

    If Muir and Gaspar are correct that a fence is unlikely without the rail trail, because there is no current funding plan for a fence, then we must also conclude that a taller fence is equally unlikely, because there is no funding for a taller fence.

    Can't have it both ways.

    Either it's difficult to find funding for fences, or it isn't. You don't get to claim funding is a burden to the creation of a fence if we don't build the rail trail, but turn around and fear-monger a taller fence if people breach the rail trail cable fence.

    Muir and Gaspar are playing you.

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    1. We're being played by all politicians, and that includes Shaffer, Kranz, and Blakespear. Why do you think Shaffer and Blakespear send out their newsletters.

      According to SANDAG there is funding for the rail trail. The city is not funding it. Shaffer, Kranz, and Blakespear love to spend "free" money. No matter that it's a misguided project. However, maintenance will be the responsibility of the city, and that could be a big problem. We can't even properly maintain our streets. What do you think will happen to a less used rail trail? Local residents could be enlisted to help, but not when the majority oppose what's been proposed. It won't be well maintained like the Cardiff Botanical Gardens at the south of the trail now.

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  13. This isn't a trail. The city is widening the street, San Elijo Ave. to increase bicycle traffic. It isn't a trail.

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  14. As 2015 ends remember the roads will crumble past the 50 million needed as they stand now in neglected repairs. And we pay $180,000 a year pension to a council member that EVERYONE should be upset about, you are being robbed. Happy New Year.

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    1. Food costs have increased. $180,000 is needed to feed the fat cat.

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    2. Muir has a pension he earned -outrageous as it is. Shaffer, Kranz, Blakespear and Barth paid $10 million for Pacific View that a appraised for $4 million. If there is a reason city finances are worse this year than last, thank Shaffer, Barth, Blakespear and kranz

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    3. Gamed not earned.

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    4. Enough with the ridiculous "paid $10MM for a property that appraised $4MM" canard. Do you know that a property a about an eighth of the size sold for $2.7MM one block away? And it had a tear down on it? Stop it already.

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    5. 2:40 because you choose to ignore facts hardly means we should join you. Pacific Views Appraised for near $4 million. BARTH, Shaffer, Kranz with Blakespear's support paid $10 million. Barth got a fruit Grove named in her honor, taxpayers got hosed.

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    6. 8:29, you are the one stubbornly ignoring facts. The ultimate market value is not based on somebody's "appraisal" (which is actually just an opinion). What matters are comps that have traded hands for cold hard cash. A lot one eigth the size of Pacific View with a tear-down on it one block away sold for $2.7MM. This is not out of line for the market in the area. That's the way it is. The purchase doesn't look so stupid now. Actually looks kinda smart.

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    7. It's been previously documented on EU that both of the city's appraisals were done with the wrong zoning to create negotiating leverage.

      EUSD was about to auction the property at its R15 value, pursuant to state education code rezoning.

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    8. Pursuant to the state education code? This is the spin put out by Baird and the EUSD lawyers. There is no case law to support this interpretation, only reading the language of the code, which is far from being crystal clear. It would have had to be decided in court, but the city got cold feet. Jerome Stocks had it right when he said he wouldn't negotiate with a gun to his head. EUSD withdrew the lawsuit and ultimately outsmarted the city.

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  15. Question- Can anyone go to a City Park and plant a tree with no city approval? That's exactly what Barth did yesterday, with the help of a few of her minions. Don't believe me, ask Mim, or go to her FBpage.

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    1. How do you know they had no approval from the city?

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    2. 6:08- Check for yourself. Personally, I am going to plant a Stocks tree.

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    3. 3:55, Not a huge Barth fan myself, but trying to get her in hot water for planting a tree is pretty disgusting of you.

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    4. Bet their point is the fact we are in a drought, and you know who pays the water at the park.

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    5. Actually people who use Glen Park are not happy there land was stolen by Barth and her crony supporters to "honor" Barth. Families used the land Barth took for her fruit trees to walk dogs, play with kids, fly kites or hang out sitting on grass. Now the land they used to be able to use was taken from them by Shaffer, Kranz and Blakespear. Other residents have commented that taxpayers spent money for a park designed by a park architect, and the design was open and inviting, now the "Barth" memorial has fruit trees that changed the park design residents loved-oh well, at least Barth has a trumped up memorial to make her feel good.

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    6. Actually, it's mane a dozen small trees on less than 1% of the park.

      Are you one of the dog owners who illegally let dogs run off leash near that spot every morning?

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    7. Taxpayer money was spent to hire a landscape architect to design a park with balance, use and function. The original park design created warm, inviting open site lines into the park from residents walking or driving around the park. Now that original design has been negatively changed. In addition to taking open space use away from residents, the Barth Fruit Grove blocks and interupts the once warm and inviting original park design.

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    8. 8:25 completely agree. Get rid of this mess and get rid of her meddling.

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    9. 6:14 PM $tock$ already has his official plant - the puncture vine!

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    10. I wonder what would happen if someone happened to just accidently remove the Barth trees in Glen Park?

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    11. You would be a hero.

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    12. 10:51- I have always wanted to be a hero. Hmmmmm- it is tempting. If the Kook can be decorated, why can't trees?

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    13. I hope you are kidding.

      Serious douche move to remove trees from a park. I don't care who they are honoring.

      Illegal too. I hope they catch you and taze you repeatedly in the wedding vegetables.

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    14. Serious douche move to plant something not authorized by the City in the Park as well. Also illegal, but yet that's what Shaffer, Barth and Michelove did just the other day at Glen Park. Go take a look for yourself.

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    15. Have you asked Parks and Rec director of they had permission?

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    16. $tock$ "tree" was planted long ago in his tenure.

      Goat heads to fuck all you Loser Leucadians. Fuck off.

      I hope you like your thorny weeds with your flooding and highway speeds. love what you've done to your downtown. Haaaa!!!!

      $tock$ fan

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    17. Was sure you went extinct.

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    18. Barth needs to plant some cannibas - then she might become more popular!

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    19. No permission was given. However, Shaffer was there and it was posted on Mim Michelove's FB page. Tony and Catherine liked it.

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    20. Now if only Barth would die of a massive brain aneurism and guilt us into keeping those hideous "memorial" trees. That lady and her pet husband are worse than fecal residue in a toilet.

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  16. Unbelievable! Kranz, Blakespear, and Shaffer really screwed the community when they voted approve of widening San Elijo Ave and calling it a rail trail.
    The yes rail trail person has new drawings not shown at the May council meeting. Chesterfield will back up more than it does now.
    Blakespear, Shaffer, and Kranz revisit your vote on a new agenda item about the false trail. This widening of San Elijo smells.

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