Monday, June 27, 2016

Encinitas residents sue city over BIA settlement, Hymettus density bonus approval

The residents strike back.

Press release:
Today, the Encinitas Residents Alliance, supported by the North County Advocates, filed a lawsuit against the City of Encinitas and CityMark Development. The lawsuit challenges an unconstitutional settlement agreement the City made in August 2015 when it granted its authority over development decisions to the Building Industry Association of San Diego (BIA). Encinitas Residents Alliance (or ERA) aims to invalidate the pact between the City and the BIA and overturn the Council’s approval of the CityMark Hymettus Estates density bonus project in Leucadia – one of six pipeline projects treated specially as a result of the unlawful BIA deal.

“This illegal agreement binds the City in their decision making and gives unique, preferential treatment to six density bonus projects including Hymettus Estates. It changes how they calculate the number of units permitted and the net result is almost double the number of housing units allowed by our local zoning,” said Bruce Ehlers, former City of Encinitas Planning Commissioner and Boardmember of North County Advocates.
Encinitas Residents Alliance can be found here, with information on local zoning issues as well as a way to sign up for e-mail updates.  This is going to be an important group in the discussion over high-density development this fall.

18 comments:

  1. About time the citizens revolted. Thanks Bruce Ehlers and all that did this.

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  2. Congratulations to the Fulvia neighbors for fighting for all of our rights. Where can we send funds to support this cause?

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  3. Thank you Bruce Ehlers. This is the website: http://encinitasresidentsalliance.com/ but not sure if they are taking donations yet.

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  4. Bruce - Please run for Council or Mayor.

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  5. Donations link will be added shortly!

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  6. We need a slate of candidates to run our current council out of town! Please run Fulvia neighbors and Bruce Ehlers!

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  7. Bruce Ehlers to be commended for this. City council you are absolute traitors to our community!

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  8. I applaud Bruce Ehlers and the rest of the good folks of Encinitas who do not want to see their neighborhoods ruined by developers.

    This should send a strong message to our weak city council who time after time have ignored the citizens they represent and sided with developers.

    Let this be the beginning of taking back our community.

    And, vote NO on the HEU.

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  9. Is it a strong message if the case is a loser?

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    1. At least it is a pro-active case; the BIA thinks it can buy candidates and roll over citizens' desires to maintain the integrity of their neighborhood. Kudos to Bruce Ehlers and the neighbors of the Hymettus area.

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  10. I agree. Suing the city is the only way to get things done in our town. Currently staff only hears developer's interests and shuns residents interests. Staff needs a serious cleaning. The City manager needs to especially clean house in Engineering and Planning Management.

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  11. Seems to me if the City had its own attorney, instead of continually hiring consultants, maybe we could take on the likes of David Meyer. Remember him? He is the man that decided it would be nice to have a clown follow Maggie Houlihan around during campaign debates. Yes, he is a real winner. I guess marrying into the Ecke family gives him more pull than an ordinary citizen. I am beyond disgraced about the way this City rolls over for him. I wonder why he doesn't go after all 34 other cities in California that are out of compliance with their housing elements? We could get rid of him, and at the same time, perhaps the Governor and people in Sacto would see how crazy all of this is. Oh well, one can dream.

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  12. Put Meyers, the Eckes, council, and planning under oath. nomway in hell they can all keep their bullshit straight. The floodgates are about to open and the only one safe will be the first to turn on the others. Who will it be? I think it will be someone from planning or Meyer. Someone may even be disbarred. I cant wait, is that link up to donate money to the citizen lawsuit?

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  13. No more high-density developments! Sad, the only way to get things done with the city council, is to have a citizens lawsuit. Cardiff residents support you.

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  14. No more high-density developments! Sad, the only way to get things done with the city council, is to have a citizens lawsuit. Cardiff residents support you.

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    1. Thank you! -- Leucadia neighbor.

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  15. Agree with 11:03- Hopefully if all of the citizens of Encinitas help each community, we shall prevail. There are 5 unique communities within out city. Some folks think Cardiff got the best deal out of the HEU and perhaps they are right. Cardiff has been organizing for a long time. Bruce Ehlers has been fighting for citizens for a long time and he, I think, lives in Olevenhain. There are also activists in Leucadia, and Old Encinitas. Unfortunately, I don't know enough about New Encinitas to comment. Until they make it illegal to protest, this is our town. If we want to fight, it seems as if the only way is in court. Wish it wasn't that way, but history is proving me wrong. Remember when Teresa Barth was going to get rid of our city attorney? That didn't happen. In fact she seemed to embrace everything he said as gospel. Shaffer was suposed to be "Maggie's Choice". That's a laugh at this point. So happy she is not running again. So let's organize. We own this city, not the developers, not SANDAG, not the city council. Let's make sure we keep it.

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    1. Please write the ERA folks to volunteer, 12:44!

      www.encinitasresidentsalliance.com

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